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HomeMy WebLinkAbout2008-431CONTRACT DOCUMENTS AND SPECIFICATIONS FOR OSLO ROAD BOAT RAMP REPAIRS BID NO. 2009024 PROJECT No. 0381 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA SANDRA L. BOWDEN, CHAIRMAN WESLEY S. DAVIS, VICE CHAIRMAN COMMISSIONER GARY C. WHEELER COMMISSIONER JOSEPH E. FLESCHER COMMISSIONER PETER D. O'BRYAN JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARTON, CLERK OF COURT !* WILLIAM G. COLLINS, II, COUNTY ATTORNEY JAMES W. DAVIS, P.E., PUBLIC WORKS DIRECTOR CHRISTOPHER J. KAFER, JR., P.E., COUNTY ENGINEER MICHAEL D. NIXON, P.E., ROADWAY PRODUCUTION MANAGER /o? , C- 400 ff- &! 00001 - Project Title Page • 00001 - 1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00001 - Project Title Page.doc Section No. Title TABLE OF CONTENTS DIVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 AIA Document A310 Bid Bond 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement under the.Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Performance Bond 00612 Payment Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor's Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive DIVISION 1 - GENERAL REQUIREMENTS 00010-1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00010 - Table of Contents.doc DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS APPENDIX B - CHAPTER 4, BEST MANAGEMENT PRACTICES APPENDIX C - SOIL SURVEY REPORT + + END OF TABLE OF CONTENTS + + 00010-2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00010 - Table of Contents.doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 27th Street, Vero Beach, Florida 32960 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 PM on Wednesday, December 10, 2008. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words Oslo Road Boat Ramp Repairs, Project No. 0381, and Bid No.2009024. Bids should be addressed to Purchasing Division, 1800 27th Street, Bldg. "B", Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2:00 PM. All bids received after 2:00 P.M., of the day specified above, will be returned unopened. INDIAN RIVER COUNTY PROJECT NO. 0381 INDIAN RIVER COUNTY BID NO. 2009024 PROJECT DESCRIPTION: The project consists of removing the existing concrete boat ramp and constructing a replacement concrete boat ramp which includes a new wooden accessory dock and bulkheads, in Indian River County, Florida. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from the Public Works Department/Engineering Division, 1801 27th Street, Bldg. "A", Vero Beach, Florida, 32960, (772) 226-1384. Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $100.00 for each set, which represents cost of printing and handling, which is non refundable.. Communications concerning this bid shall be directed to IRC Purchasing Department at 772-226-1416. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications. BID SECURITY must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter into a Contract with the 00100 - Advertisement 00100 - 1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00100 - Advertisement.doc County and furnish the required 100% Performance Bond and 100% Payment Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall be retained by the County as liquidated damages and not as a penalty. Please note that the questionnaire must be filled out completely including the financial statement. The County reserves the right to delay awarding of the Contract for a period of sixty (60) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause, or to accept the bid that, in its judgment, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. A Pre -Bid Conference will be held on November 25, 2008 at 10:00 AM, in conference room A1-303 in Building "A" of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED. INDIAN RIVER COUNTY By: Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date: November 12, 2008 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building "B" Vero Beach, FL 32960 * * END OF SECTION * * 00100 - Advertisement 00100 - 2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp \0381 Contract Documents and Specifications\00100 - Advertisement.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title Page ARTICLE 1 - DEFINED TERMS 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 2 4 4 4 5 5 5 6 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 6 - PREPARATION OF BID 6 - BASIS OF BID; EVALUATION OF BIDS 7 - SUBMITTAL OF BID 8 - MODIFICATION AND WITHDRAWAL OF BID 8 OPENING OF BIDS 8 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 9 - AWARD OF CONTRACT 9 CONTRACT SECURITY AND INSURANCE 10 SIGNING OF AGREEMENT 10 ARTICLE 5 - PRE-BID CONFERENCE ARTICLE 6 - SITE AND OTHER AREAS ARTICLE 7 - INTERPRETATIONS AND ADDENDA ARTICLE 8 - BID SECURITY ARTICLE 9 - CONTRACT TIMES ARTICLE 10 - LIQUIDATED DAMAGES ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 - ARTICLE 18 ARTICLE 19 ARTICLE 20 - ARTICLE 21 - 00200 - Instructions to Bidders REV 04-07 00200-i F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Award of Contract 19 Basis of Bid; Evaluation of Bids 14 Bid Security 8 Bids to Remain Subject to Acceptance 18 Contract Security and Insurance 20 Contract Times 9 Contracts to be Assigned 24 Copies of Bidding Documents 2 Defined Terms 1 Examination of Bidding Documents, Other Related Data, and Site 4 Interpretations and Addenda 7 Liquidated Damages 10 Modification and Withdrawal of Bid 16 Opening of Bids 17 Partnering 25 Pre -Bid Conference 5 Preparation of Bid 13 Qualifications of Bidders 3 Retainage 23 Sales and Use Taxes 22 Signing of Agreement 21 Site and Other Areas 6 Subcontractors, Suppliers and Others 12 Submittal of Bid 15 Substitute or "Or -Equal" Items 11 00200 - Instructions to Bidders REV 04-07 00200 - F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder --The individual or entity who submits a Bid directly to OWNER. B. Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 3.02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 00200 - Instructions to Bidders REV 04-07 00200 - 1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and specitcations\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders 00200 - Instructions to Bidders REV 04-07 00200 - 2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Upon a request directed to the ENGINEER (Michael D. Nixon, P.E. 772-226-1986), OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of any other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AFTER CONTACTING THE ENGINEER (MICHAEL D. NIXON, P.E., (772) 226-1986) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead, surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; 00200 - Instructions to Bidders REV 04-07 00200 - 3 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 The date, time, and location for a Pre -Bid conference, if any, are specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions 00200 - Instructions to Bidders REV 04-07 00200 - 4 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 8 - BID SECURITY 8.01 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 check; cashiers check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be retained by owner. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 00200 - Instructions to Bidders REV 04-07 00200 - 5 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered. 00200 - Instructions to Bidders REV 04-07 00200 - 6 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp \0381 Contract Documents and Specifications\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 00200 - Instructions to Bidders REV 04-07 00200 - 7 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: A. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships. B. Sworn Statement under the Florida Trench Safety Act. C. General Information Required of Bidders. D. List of Subcontractors. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 00200 - Instructions to Bidders REV 04-07 00200 - 8 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 00200 - Instructions to Bidders REV 04-07 00200 - 9 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds, unless the Bonds have been waived due to the total contract being less than $50,000. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21.02 OWNER shall return one fully signed counterpart to Successful Bidder. 21.03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21.01 above, the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires. * * END OF SECTION * * 00200 - Instructions to Bidders REV 04-07 00200 - 10 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE SECTION NUMBER Bid Forrn nn310 AIA Document A310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 General Information Required of Bidders 00456 List of Subcontractors 00458 SUBMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents - REV 04-07 00300 1 F:VEnglneering‘Capital Projectsw361 Oslo Road Boat Ramp10381 Contract Documents and SpadficaUons100300 - Bid Package Contents - REV 04.07.doc SECTION 00310 - Bid Form PROJECT IDENTIFICATION: Project Name: Oslo Road Boat Ramp Repairs County Project Number. 0381 Project Address: Oslo Road east of U.S.#1, in Indian River County, Florida Project Description: The project consists of removing the existing concrete boat ramp and constructing a replacement concrete boat ramp, which includes a new wooden accessory dock and bulkheads, in Indian River County, Florida. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street, Bldg. "B" VERO BEACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within_ the times indicated in this Bid and in accordance .with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, includingwithout limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Ders.5e-2 ds e Addendum Number 1 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to 00310 -1 F:\Enolneeling\Capital Projects10381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications100310 - Bid Form.doc existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. _ F. Bidder does not.consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the, interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 -2 r•ic..,.;..vea.,�1t'arAtat Proiacts10981 Oslo Road Boat Ramp1D381 Contract Documents and Specifiations100310 - Bid Form.doc Bid Number 2009024 ITEMIZED BID SCHEDULE PROJECT NAME: 00381 OSLO ROAD BOAT RAMP REPAIRS BIDDER'S NAME Pei v614.3 av L ',•.. .+b.,• :,. GLc'_ 'r, _ - a� `t , 0 �.. .. _. 1 MOBILIZATION LS 1 i..1 ib -1643 11(1L?Vi113 2 MAINTENANCE OF TRAFFIC LS 1 16r�C,.b") aileil°6 3 RECORD SURVEY LS 1 Ls -3,-7),m cy 6� 4 N.P.D.E.S. PERMITTING LS 1 0.0 5 CLEARING & GRUBBING- INCLUDES DEMOLITION AND REMOVAL OF EXISTING BOAT RAMP & BULKHEAD ETC. LS 1 7 % 3 l''' j ,'?3 1 06 6 EXCAVATION LS 1 ;` 1,---7C0 f �'. d' 7q 9 `C- "T.) 4 - . y^tC" 4 l- rr_ .i..gET,.iC-4 7'.NAMZSL...' ib 1t x,5 ✓'1-.,-it.-: ;. tC.TMN . 51'� ;,t7 -= 7 CONCRETE BOAT RAMP LOWER SECTION (POURED IN PLACE) SF 352 to 'D ° ° �� 8 CONCRETE BOAT RAMP UPPER SECTION (POURED IN PLACE) SF 220 ' Le 9 TEMPORARY METAL SHEET PILE FOR DEWATERING LS 1 0' 5--e.Oa .:`t�1='f.E=$l�L1iHi�AD r ty f.. "A ri -y q.,�.4Z.�U"1 . 3 h ---1 10 5' - PRE -STRESSED CONCRETE SHEET PILE LF 240 7- :1 1 1 c9, d39.66 11 CONCRETE PILE CAP CY 2.0 al5- a,5D 5,&`$s. 1v6 , 3 x A- s..L" �=v t i},.� t'.. s^. 3 .9 �' " ,.c< l3 "* h 't .t] .may "Y A'i 2Ji ".^ ! - Cp.X, i b - -L.-% 1 e� T`y4 h`1NOCSDEN DECK �� �.. �a r.w�.. � _,.__. _.., _ .... _ _ _�.-.. ...�_..�,°�`. ... .,..3:"�. �+,:3P Vii"; K' a.,.. .,. ........?a...c'' �...P.n ._ :iH. �.. .i:. .-1 -..F :,r b $ ik Tt ^�3.r'��' Tom- ..,��.-�,,. �;�:.�� p� _� .�.� �� � ,, ri..xK_-.'+�N.cv. sV. ...�v.._ -._ ........c�.,crc 12 8" WOODEN PILES LF 3,210 13 POLY WRAPPED LS 1 14 DOCK (BEAM, STRINGERS, FENDERS, DECKING, MICSCELLANEOUS) SF 460 9 7 , b\ -t t i "?8,,,a. 00310-3 Bid Number 2009024 ITEMIZED BID SCHEDULE PROJECT NAME: 0038 SLO ROAD BOAT RAMP REPAIRS BIDDER'S NAME A tacit On C -e -fa `r <<c = 0381 OSLO ROAD BOAT RAMP REPAIRS SUB TOTAL q7 fi�:o.8 r : ... ��jK ��� v _�.__ -. �-' ",-vi' Unit�--xa a '-: m � A�-= �fetNo.Dspn t� _• .._.-.�.�..x:_. MISCELLANEOUS HARDWARE LS 1 `; fes Y`oC! 15 8" GALVANIZED CLEAT EA 4 CL 16 17 6' 8' PRESSURE TREATED POST (BOLLARD) I LF 24 } {ROSi01iD�OLl,1JTIO;hIG01�9f2t31.-,:...„....-,:„,17-,-;, %wet } � ' � � 5 .•y .�.` ., ��_ `s ..y2 .-�-.-Y+ �' k ' ;Yi1'r iJ 5. �� y= s`,.._ " . 'rn r7-- "�'• 4 v-� rl`e� y.. -. T -Y": ,5,-.7,.: -`;ra -�. ER PRIMARY AND SECONDARY SE i t LING PONDS LS 1 Li 3 66 � Y Li3 Y 3 -1 ER 4" PVC (TEMP) LF 80 3, C; L 3('1ej. tS -2 ER FDOT TYPE 11 SILT FENCE LF 300 3,6s 1 ,0q-5r�ol -3 ER FDOT TYPE!! FLOATING TURBIDITY BARRIER LF 300 gc k+L( &Qyny 3 -4 ER -5 DEWATERING SYSTEM LS 1 {J p g '. " 5""' Y -.y r r"�wy .� s�r� c< p.S.--s„r- r'�: i,,,, k a -.r ,< �.�,. .. a.rk ;i ,44 -5f z. - ~"�X+ �ie R+(-,.Gf'-G3 `'"Ty' .°f ._i'..fyi S r,�' •fi4'1 �'i, ,..+F y•t, a,T.. .- irray...:: !-, .'�'i'�'a�$-•.+, Y:'...:.,,-:.�.,-iis:. r. r_.�'-.: {7,.L`���i9�, �IAl�':����..�. � �w� _ 3�..,._ � c.._. , :i _ �'�....'+�-�§,�'�.'Fs. �' _�.v.r...'.''x.`. . �.+r.-:.c+,... F . � . , ... Si RW -080 (BOAT RAMP SYMBOL) W/ 24" X 24" (BLK ON WHT_) "SHALLOW DRAFT VESSELS" AS 1 3 t,o. ? b 3 u (' .3'0 S2 30" X 3" W14-1 "DEAD END" W/"DEAD END 500" (SUPPLIMENT) AS 1 a33. bb ;33:°' S3 30" X 24" (BLK. ON WHT.) "SHALLOW DEPTHS LOCAL KNOWLEDGE REQUIRED' W/ 24X24 (BLK ON WHT.) MAXIMUM 18 INCH VESSEL DRAFT ONLY" (SUPPLIMENT) AS 1 ?6t." ; 8 8 . t~ S4 30" X 24" (BLK. ON WHT.) "CANOE & KAYAK LAUNCH ONLY. NO MOTORIZED VESSELS OR JET SKIS PERMITTED EXCEPT AT BOAT RAMP" AS 1 f 5 , v0 l -58•'' S5 CASE II RED REFLECTORS AS 2 ayq,DD a4ri.6(' S6 12" X 18" "CAUTION - RAMP ENDS AT RED LINE" LS 1 1 00.30 t ("� C1 m 30 (RED UNE PAINT LS 1 l IS7 k FY� ?i+'. .. ,Z+�., _.'- WLL�"'.:.:<f._-. r...: 1'SA.. ':'��`-_e ..:.. _.rtk�..,-... _ .sa ..4.'...-.T __t ..-�^)_�'. vr ,t$'041,5- '-. 1 .... _,. _� 0381 OSLO ROAD BOAT RAMP REPAIRS SUB TOTAL q7 fi�:o.8 r Bid Number 2009024 ITEMIZED BID SCHEDULE PROJECT NAME: 00381 OSLO ROAD BOAT RAMP REPAIRS BIDDER'S NAME � r _ T :. ,,,,_.„.„,_„,;,4,-----; lteti�_ M4tescr�pfton , :,,,,,,z_.,„._t ', liiii +.F � = 17n�tPr�ce ..,_.ou f ... �� .� . ALTERNATE BID ITEM ALT ALTERNATE - PRESTRESSED BOAT RAMP SLAB - LOWER END ONLY LS 1 NA -1 NOTE: TO BE CONSIDERED IN LIEU OF ITEM 7 (CONCRETE BOAT RAMP POURED IN PLACE) THIS ALTERNATE BID IS OPTIONAL. CONTRACTOR IS NOT REQUIRED TO BID THIS ALTERNATE ITEM. i 0381 OSLO ROAD BOAT RAMP REPAIRS - ALTERNATE BID' SUB TOTAL 110 �� �.Y A S [`'� h ''iT`'`ST;�,. aN' �"'J .. �r+jj�. r{S[�r h`cN+'E, *`r1 •-L-`~/,��'ilwf moi• `Ft �ri h-1 --6,•' ..., a7 Al S�LA� ra�p'��rrr . LF_,�neal Fads, rEA „- ?'F" ?'""'' 6 �.?.�� �M +r�,G�+,.�yry� ?. 3'•Y., /�""'e '�`n(�y„..i?�yNu �3Jli.�Cl � a�tl.;!' �`�I�JA/��I I�'y�,� so- �,i.4 QI � PROJECT NAME: 0381 OSLO ROAD BOAT RAMP REPAIRS SUBTOTAL: $ SUBTOTAL AMOUNT OF BID ON WORDS) I-% in -TY S T on do\N,AaC Cif() aE o'Y . FORCE ACCOUNT: $10.000.00 FORCE ACCOUNT (IN WORDS): TEN THOUSAND DOLLARS AND NO CENTS TOTAL BID AMOUNT: $ ROO. tC) TOTAL BID AMOUNT (IN WORDS): o n &ko dtred rer, :fie 001 co ( C.1` C rt I Ron C '' ec amt i (1Y, (PATS 00310-5 Bid Number 2009024 ITEMIZED BID SCHEDULE PROJECT NAME: 00381 OSLO ROAD BOAT RAMP REPAIRS BIDDER'S NAME amaptioTr-egyvat7m.. Olint., Y J PROJECT NAME: 0381 OSLO ROAD BOAT RAMP REPAIRS OPTIONAL A iIONA PL (CONTRACTOR IS NOT REQUIRED TO BID THIS ALTERNATE) SUBTOTAL ALTERNATE BID: vk.) SUBTOTAL AMOUNT OF ALTERNATE BID (IN WORDS) FORCE ACCOUNT: $9 0,000.00 FORCE ACCOUNT (IN WORDS): TEN THOUSAND DOLLARS AND NO CENTS TOTAL BID AMOUNT: TOTAL BID AMOUNT (IN WORDS): 00310-6 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Itemized Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for Toss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.8 of the General Conditions. 6.01 Bidder agrees that the Work will be sCibstantially completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of fa B. A tabulation of Subcontractors, Suppliers [and other] individuals and entities required to be identified in this Bid; C. Swom Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships; D. Swom Statement Under the Florida Trench Safety Act; E. General Information Required of Bidders; F. List of Subcontractors; and — G. Itemized Bid Schedule. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. 00310 -7 F:lEnginetaing1Capital Proiectsw381 Oslo Road Boat Remp10381 Contract Documents and Speeifications1003i0-Bid Form.doc SUBMITTED on 4 ; -) a , 20C,6 State Contractor License No. \ 3 7 O Lam. If Bidder is: A Corporation Corporation Name: t i CL v0 State of Incorporation: Type (Gener- i . iness, � a CSS i--rM i l C 1 (SEAL) Service, Limited Liability): S : '^` - . By: (Signatuattac Name (typed or Titl ce of authority to sign) irk t -1-e S -�'_C.� �i ri C: ( i4 (CORPORATE SEAL) B • siness addrs: (?.� ` ( ::a fl:1' / ver+ aei R t:L. i 6 a Phone No.. � - :5� - 53 FAX No.: ) 7 — — -77 i' 3 Date of Qualification to do business is g� * * END OF SECTION * * 00310 -8 F:1Engineering\Capital Project 0381 Oslo Road Boat Ramptf381 Contract Documents and SpacificaUanst00310 - Bid Farm.dac SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond". END OF SECTION F: �Engmeeting1Capitai '.oph>\0381 Oslo ttoa i Boaz Rsn p\03s1 Contract Documents end SpecifcationsW0470 Bid Bond.doe00430.5 TEM AMERICAN f, MUM OF ARCO 4 ALA Document A310 Bid Bond Bond No.: 70637995 KNOW ALL MEN BY THESE PRESENTS, that we Pelican Pate �..('semVy� li�liiiC.tlQII Company, Inc. 6001 N ALA. Suite 8082 Vero Beach, FL 32963 (Hare insert tmt name and address orlegal iflfa of Contractor) as Principal, hereinafter called the Principal, and western surety Company Box 5077 (Hare moved lull name sod address or legal this vi Surety) P.O.ROBa Fails, SD 57117-5077 a corporation duly organized under the laws of the State of SD as Surety, hereinafter called the Surety; are held and fierily bound unto County of Indian River, FL 1800 27th Street (Mere insert full ramp artd adw-e:s or !seat We of Owner) Vero Beach, FL 32960 as Obligee, hereinafter tailed Obligee, in the sura of 5 ) Percent of amount bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project No.: County Project Number 0381 (Nene insert lull name, eddreu and description ce project) Location: Indian River County , FL Oslo Road Boat Ramp Repairs. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the ObJia3> in accordance with the tennis of such bid, and give such bond or bonds as may be specified In the bidding or contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or In the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shalt pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said .bid and such taroer amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shaft be null and void, otherwise to remain in full force and effect. Signed and sealed this lith day of December Pelican Pete Cu . _-. tion Coma Inc. (P44.11117 Mpps1) Surety Company 2008 (Seal) (Seat) Ronald Lee Kaihor Crdte)_ _ ATTOR.NEY. ,rN,-FACT AJA DOCUMENT A310 • BID BOND - AiA© • FEBRUARY 1970 ED. • THE AMERICAN 1 astern SuretyCompany Bond No. 13632993 POWER OF A.17,rpRfilEy ApPOMIEW.3 UAAil OR _Ttit FAC $ . . Knew All Men Bj These Presents, That WES ERN SURETY COMPANY, aSouth Dab-utacorporation, is a duly organized and existing corporation having its Principal office in the City of Sioux Pails, and State of South Dakota, and that it bons by virtue of the kigr end Seal herein .affixed hereby make, constitute and appoint Ronald Lee Ka%xtti,Jack L Anderson, Geoffrey Hathaway, Rita Jorgenson, Breda Risa, Aitay Tardaune, Koine M Rose, individually. of Montevideo, MN= its true and lawful Attaraey(s)-in-E act with full power aed authority hereby conferred to sign, seal and execute for and ars its behalf bands, undectakins and other nbligornry instrutneats of similar nature - In Unlimited Amounts - and to bind it thereby es fully and to the same extent as if such instruments were signed by a duly authorized officer of the coraon tion and all the acts of said Attorney, pursuant to the authority hereby given, are hereby stifled end confined. This Power of Attorney is made and executed pursuant to and by authority of the By -taw printed on the reverse herrn duly adopted, as indicated, by the shareholders of the corporation. in Witness Whereof, WESTERN SURETY COMPANY hes caused these presents to be signed by its Senior Vice President and its corporate sena to be hereto affixed on this 20th day of Oetober, 200&. • au of South Dakota County of Minnehnita F,C WESTERN SURETY COMPANY Paul .'; 'Hruflai, Senior Vice President On this 20th day of October, 2004, before me personally name Paw T. Bruflat, to me known, who, mut; by me duly sworn, did depose and say. that he resides in the City of Sioux Fails, State of South Dakota; that he is the Senior Vice President of WF.STEii3'i SURETY COMPANY described in and which executed the above instrument; That he knows the seal of said corporation; thatthe seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Hosed of Directors of said corporation and blot he signed his name thereto pursuant to like authority, end acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 +4.....40.0.44.4.0,-.0......00...0,.......4.T. { sD. KRELL s tw AR1' PUBLIC r r- . SOUTH DAKOTA r g +.04.4..44h4444444 Y4444.444 f CERTIBICA:TE 1, L. Nelson, .Assistant Secretary of WESTERN SURETY COO- ANJ r'ddherehy certify that the Power of Atlornee hereinabove set forth is stili in force, and further certify that the By -Law of the corporation pin -It -2136n the=reverse hece-of is stilt in Farce. In testimony wbereof I have hereunto subscribed any name end affixed the seal of the said corporation this Et, day 'of Dee r , 2008 . • { s+ Trco ' W-E.S TERN SURETY COMPANY a ag3ra ' D. KCrell, No'�try Public AC OWLEIDGENT Oki' SURETY STA E OF I TNESOTA COUNTY OF CHIPPEWA On tiri = nth clay of December , 2008 . before me, a Notary Public within and for said County, person:111y appeared Ronald Lee Kaihoi to me personpily known, who being by me duly sworn he/she did say that he/she is the attorney-in-fact of Western Scarp y Company , the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by anthority of its Board of Directors and said Ronald Lee Kaihoi aclmanwiedged said instrument to be the fr;.e act Find deed of said corporation. kr) s NO(YARYPU. T JC My Commission Expires ' 1 '-k)b REBECCA J. RBA c.S; j WOTARYPUBLIC— Mf14NES0 A -A`». - My Commissfan Expires Jan. S1, 2010 '�-�"°a'r�°""a`a"`us.s`+.+�•nwx+.�+erev..v�.v;e.,,T1 SECTION 00452 DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGN TO ADMINISTER OATHS. D IN THE PRESENCE OF A PUBLIC OR OTHER OFFICER. AUTHORIZED This sworn statement is submitted with Bid, Proposal or Contract No. 2009024 for the Oslo Road Boat Ramp Repairs. in Indian River Counter. Florida. C.P. # 0381 1. This sworn statement is submitted by: Qe\ ; c - Pose C' - s , ri".: 11 (Name of entity submitting swom statement whose business address is: (pc tle-C ? —9 and (if applicable) its Federal Employer Identification Number (FEIN) is 79+0 - 0 i;&9 2. My name is 3---Ronnes J nr' b(S (Please print name of individual signing) and my relationship to the entity named above is ? reA A C, F 0 3. 1 understand that an "affiliate" as defined in Section ' 105.08, Indian River County Code, means:artners, The term "affiliate" includes those officers, directors, executives, p shareholders, employees, members, and agents who are active in the management of the entity. 4. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5. Based on information and belief, the worn Smtatement � Please indicate which statement I have marked below is true in relation to the entity submitting this s applies V Neither the entity submitting this swom 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. F:\ ngineering\CaPital projects\O381 Oslo Road BoatRamp\0381 Contract Documents and Specifications\O0452 Disclosure of Relationships.doc 00452-1 The entity submitting this swom 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: 1. < of �_....�, Relationship Name of Affiliate Name Coun � y Commissioner or employee or Entity 2. 3. 4. 5. 6. STATE OF fI r' { COUNTY OF Personally appeared before me, the undersigned authority; y ) , '�.OSrff,") .^ r who a�first being sworn by me, affixed his/her signature in the space provided above ofi this ay of , 20 DP . g , ort Notary Public State at lhr My Commission Expir clef- k Notary Public State of Florida Cheryl Meade Holmes My Commission DD693938 Expires p.\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00452 Disclosure of Relationships.doc 00452-2 SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act. THIS FORM MUST BE SIGNED BY THE BIDDER �WHOOWILLBE R iTS REASPONSIBLEE FOR THE EXCAVATION WORK ("BIDDER"), REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. 1 This Sworn Statement is submitted with Project No. 0381 for Oslo Road Boat Ramp Repairs. 2. This Sworn Statement is submitted by Pt=.)i-C.¢ Pete C OS t ,r`'t- ` t 01,..) Co p ` C (Legal Name of Entity Submitting Sworn Statement) address 102,0 t exe, C OJ ti ti s GC Co,;• ems .. hereinafter "BIDDER. Theft BIDDER'S d ? £J t-11 C..`c Qt'ry ,,Vetr o Re�`i tom, r pi, (3,;,-,,9i09 BIDDER'S Federal Employer Identification Number (FEIN) is ,.*-9C) - C,,' ` ?. d 3. My name is y PtV,. nnor,C -T 1'z-, and my relationship to the BIDDER is (Print Name of Individual Signing) is V re. ; Qe'`l -kr Ci'tu C (Position or Title) I certify, through my signature at the end of this Swom Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safetv Act, Section 553.60 et.sec . Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such referencetvorcheck the BIDDER liew be checked by OWNER compliance with the Trench or ENGINEE and they shall have no responsibility to review Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated included xcava ed over five (5) feet deep, focompliance ts bid the total amount of $ based on the linear feet of trench with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: 6 eT —wen u4 (ree Te -x 14ji : ' Deep. The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or. ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 7) The BIDDER has allocated and included in its bid the total amount of $ based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: 0 Tr(i►cJ 76 6, rek-z -. ` A?,, 00454 - Florida Trench Safety Act 00454 - 1 ("min Ravi Haat Ramo\1)381 Contract Documents and Speeiricationst00454 - Florida Trench Seiety Ad dOC The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8) The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER'S own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER:"C. By: Q$ition or T Date: STATE OF F COUNTY OF prnct 9 ,r. <-L tir,.-,� 1 Personally appeared before me, the undersigned authority;? , -,)LA-4'N who after first being sworn by me, affixed his/her signature in the space provided abcSve on this -i", day of -1"-f? f: ;- , 20c;iP . . Notary Plic, Sta e at lar My Commission Expires: ,`pRY'pN Qn Notary Public State of Florida Cheryl Meade Holmes My Commission DD693938 Expires 07/3012011 ** END OF SECTION* * 00454 - Florida Trench Safety Act 00454 - 2 ,=-,,, • r;h, a, 4.,tnRR1 ndn gnarl Rnal Ramntn3at C.nntract Dneumants and Sneditalions\00454 - Flalda Trench Safety Act.doc SECTION 00456 — QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy all statements of all and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No: 6381 Project Name: Oslo Road Boat Ramp Repairs l Pe: C" a y (oCT Oi 1, fes: x'1 (661') tife-Co Peel --, 1. Bidder's Name 1 Address:—�ii`�1,� P 2. Bidder's Telephone & FAX Numbers: 77 - Sty - s �` iy 77?- S - ?7 3, Licensing and Corporate Status: a. Is Contractor License current? Attach a copy of Contractor's b. Bidder's Contractor License No: 2 .7 ko License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 0 yep:$ r S. What is the last project OF THIS NATURE that the firm has completed? PA [3 } . U orb r 411 Wm, .11 *old Piga tc o Jeri" ihArzifla, A- k/ gero "It It Poc,a 1774ri t.4, 6. Has the firm ever failed to complete work awarded to you? /120 [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? "'O [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? V) [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 00456 - Qualifications Questionnaire 00456 -1 ,� ; predar tctftl81 oslo Road Boat Ramp10381 Contract Documents and Spedfications10D456 - Qualifications QuestiOrinalre.doc g, Has the firm ever been charged with noncompliance of any public policy or rules? 1,0D [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] � � 1' t and other information that 10. Attach to this questionnaire, a notarized financial statement documents the firm's financial strength and history. 11. Has the firm ever defaulted on any of its projects? iJ 0 [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 12. Attach a separate page to this ability to meet the project schedulehe firm's current workload and that demonstrates 13. Name of person who inspected the site of the proposed work for the firm: Name: e pPor J /Tle/14it Pa i Wit. Date of Inspections: L9'1-49 44r'"i e:0,3 Th 14. Name of on-site Project Foreman: OA r2- 'MAP` P c Q 20 - ert Number of years of experience with similar projects as a Project Foreman: i,�`r1 15. Name of Project Manager: f'S-►.i't_ -To Pc ._ Number of years of experience with similar projects as a Project Manager: 16. State your total bonding capacity: 4. 610,0 DO 4.1' 6 17. State your bonding capacity per job: 0. 1S-yecri 18. Please provide name, address, telephone number, and contact person of your bonding company: G 5bce :7:9 i (, LMT f ii6f-`wilLi 7, jai /Se) [The remainder of this page was left blank intentionally] AmdQ41.4 00456 - Qualifications Questionnaire 00456-2 r.e+nnn,mantnnnd Sneeiflcetionst00456- Qualifications Quesfionnaire.doc 16. Complete the following table for SIMILAR projeots: Name of Project _g•tikasiAyl,d. _fejzogs-_-viekc CS-prin 1 1 1 Date Completed Owner Contact Person: Name and Tele • hone Number Original Contract Amount Final Contract Amount 6M0.0 ik36--ALQ 4/ -3(197 r; e9 -WAY 14-019c)a_ wee a if011'tell-C,1 tek-110i)1), PO 'WI 2/SS-6ei Xo8 7xc Dc 418--roc-Ctii&f)siex, a-kej 3 i 3897 rob Sluelz - 5-0S1 1-1 oli 11,1 LiCE t S)344ri VI,Wmq.7.(b-Aof-4(6, ELC- ,99-57, NO." sz 19' Go, ou. NO I CPC:7 PC) J31/91e Nor coppierC (03,,5-00:°° ,geo.tx) 6g, ceb-2,a) 11 , 'Cc? 00456 - Qualifications Questionnaire nneAs - 3 [NOTE: If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a co ct• �+r 4 By: (Signature) (Position or Title) / (Date) **END Or FS. C ION 00456 - Qualifications Questionnaire 00456 - 4 F:1Enotneerinn\Caoltal Projects10381 Oslo Road Boat Rarnp10381 Contract Documents and Specihcations100456 - QualillcaDons Quesuonnaire.doc —^••+fir `"' 140 ;ya gots«,,., tt xs i Asa 4a tri } Cra 4.4 4. :It „ . c:Niact 115 E-Fliir43 Services Doctimer.t!Zleareizes Forma. F°F,-.:7-1--;i5::.u;ss List riike,-,i;i7):zi List 7,-C3 11Io Name History Pr at, Clorporafiun PELICAN PETE CONSTRUCTION COMPANY, INC. Document 'Number P03000106573 FEB Number 200299282 Date Filed 09/29/2003 State FL Status ACTIVE • Effective Date 09/25/2003 Last Event AMENDMENT Event Date Filed 10/02/2008 Event Effective Date NONE Pilfizipat keAreess: 361 PALMEI ID POINTE VERO BEACH FL 32963 Changed 10/02/2008 361 PALMI I 0 POINTE VERO BEACH FL 32963 Changed 10/02/2008 ir%gtetz-.--red &gent kv &A,bidirwas CONNORS, J.D. JR 361 PALMETTO POINTE VERO BEACH FL 32963 Address Changed: 10/02/2008 Name & Address Title PSTD CONNORS, J.D. JR 361 PALM E I I 0 POINTE VERO BEACH FL 32963 Ei,,-1..a=r7-ktr•;7; Report Year Filed Date 2006 07/06/2006 Entity Name Search http://www.sunbiz. org/scripts/cordet. exe?action=DETHLAing_doc_numb er—P03000106... 12/12/2008 WORKLOAD Current workload includes two major docks, several boat lift installations and a mix of small repair jobs and dock restorations. Our staffing and organization is such that, if awarded the project, we will be able to complete it within the allowed time of completion. J. D. Conn'rs, Jr.. Preside and' CEO DQc 8, 2008 4:41 pm Income Pelican Pete Const. Co , Inc. inzom"me Statement Work Completed Sales MRMC Marine Sales - MRMC Marine Construction January 1, 2007 December 31- 2007 $186.320 TOTAL Work Completed Sales TANNIC Marine Work Completed Sales PPCC Sales - Pelican Pete Const. Co. TOTAL Work Completed Sales PPCC TOTAL Income ****** NET INCOME Cost of roods Sold Direct Cost Labor MRMC Marine Direct Cost Labor r 1 lvic Marine Direct Cost Taxes IvIRMC TOTAL Direct Cost Labor MRMC Marine Direct Cost Super Labor MRMC Direct Cost Super Labor MRMC Direct Cost Super Taxes Direct Cost Super W/C MRMC 186.320 731.516 731.516 917.836 917.36 56,054 3.685 59,739 7.000 526 53 TOTAL Direct Cost Super Labor MRMC Marine Direct Cost Labor Pelican Pete Direct Cost Labor Pelican Pete Direct Cost Labor Taxes PPCC Direct Cost Labor W/C PPCC TOTAL Direct Cost Labor Pelican Pete 7,589 156.667 12,610 32.021 201,298 20.3% 20.3% 79.7% 79.7/0 100.0% 100.0% 6.1/0 0.4% 6.5% 0.8% 0.1% 0.0% 0.8% 17.1% 1.4% 3.5% 21.9% Page ' Notary Pu •Ilc ate of Florida Cheryl Meade Holmes My Commission DC9s34�3t opal Expires O7/3012C 1 ."/%",,""" "en. f'a Nr .. 4 Dec 8, 2008 4:41 pm Pelican Pete Const. Co., Inc. hicome Statemment January 1, 2007 December 31, 2007 Direct Cost Super Labor PPCC Direct Cost Super Labor PPCC 21.521 2.3% Direct Cost Super Taxes PPCC 1,649 0.2% Direct Cost Super W/C PPCC 137 0.0% TOTAL Direct Cost Super Labor PPCC 23.308 2.5% MEL PPCC Marine 196 0.0% Direct. Cost Labor Non Job 17,010 1.9% Direct Cost Sub Constractors 4,325 0.5% Direct Cost Materials 309,121 33.7% Direct Cost Equipment Rental 498 0.1% Direct Cost Duinpster Fees 6,018 0.7% Direct CostPeimits & Fees 4,630 0.5% Direct Cost Engineer Fees 2,600 0.3% Direct Cost Commission Paid 13,987 1.5% W- MRMC Marine 275 0.0% W-PPCC Marine 158 0.0% W-MRMC Service 581 0.1% W PPCC Service 140 0.0% W 1V MC Seawall 109 0.0% W IvIRMC Boatlifts 194 0.0% R- PPCC Marine 212 0.0% R.-1‘,92IMMC Service 144 0.0% R - PPCC Service 378 0.0% R MRMC Boatlifts ' 220. 0.0% Advance 5,400 0.6% TOTAL Cost of Goods Sold 658,130 71.7% ****** GROSS PROFIT 259;706 28.3% Expenses Ed IvMRMC Pd Marine 50 0.0% Ed PPCC Pd Marine 50 0.0% ED Iv1RMC Pd Boatlifts 104 0.0% Ed PPCC Pd Boatlifts 198 0.0% Payroll Expenses Office Wages 41,831 4.6% Office Wages Work Comp 193 0.0% Office Wages Employers Tax 3,373 0.4% General Sales Wages 17.738 1.9% General Sales W/C 387 0.0% Page Dec 8, 2068 4:41 pm Pelican Pete Const. Co., Inc. income Statement Januau3' 1, 2007 December 31. 2007 General Sales Taxes 1,380 0.2% Employee Benefits 600 0.1% Employee Drug Testing 75 0.0% TOTAL Payroll Expense 65.577 7.1% General Expenses 52.405 5.7% Education & Training 870 0.1% Vehical Expense 21,688 2.4% Non Vehicle Fuel - Jugs 5,041 0.5% o Insurance 30.315 3.3% Insurance - P & I / Hull 1,044 0.1% Maintenance 444 0.0% Maintenance: Equipment 818 0.1% Maintenance: Vessel 3,917 0.4% Maintenance: Warehouse 623 0.1% Small Tools 1,677 0.2% Small Tool Accessories 135 0.0% Professional 9,051 1.0% Northern Trust Note 4565 16,095 1.8% Northern Trust Interest Paid 10086 Northern Trust Interest Pd Note 11133 Profit Sha r na Fund from lvirMMC for A/P 1,403 0.2% 1,473 0.2% 2,601 0.3% (7,000) -0.8% Office Expense Medical Expense 6,155 0.7% Rent Expense - Office 18,147 2.0% Telephone - Office 1,113 0.1% Utilities - Office 1,550 0.2% Insurance Highlands 1.602 0.2% Jaguar )8 375 0.0% IvfB ML350 1,193 0A% Insurance - Office 15 0.0% Renovation J7 235 0.0% Maintenance Office 13,387 1.5% TOTAL Office Expense 43,771 4.8% TOTAL Expenses 252,349 27.5% ****** OPERATLNGPROFITo 7,357 0./o 8 Other Income & Expenses Other Income & Expense 131 0.0% Page Dec 8, 20b8 4:41 pm Pelican Pete Const Coop Ince krzyme Statement TOTAL Other Income & Expenses ****** PROFIT BEFORE TAXES January I; 2007 December 31, 2007 131 0.0% ****** NET PROFIT QQ. n NET PROFIT 1 .ry 7,�aQi l� `J.Y% Page • Dec 8, 20b8 5:00 pm Pelican Pete Const. Co., Inc. Balance Sheet As of: December 31, 2007 ASSETS Current Assets: 9487 - MRMC Checking $4,533 3 073 - PPCC Checking 2,170 Receivable - Customers 39,645 Refundable Deposit - IRC Landfill 1,000 Loan To/From Owner 68,500 TOTAL Current Assets Fixed Assets: Purchase Agreement Original Cost 200,000 Accum. Deprn.- Purchase Agreement Assets (77,551) TOTAL Fixed Assets Other Assets: Goodwill 60,000 Amortization (20,834) Loan to MRMC Marine Construction 27,500 TOTAL Other Assets TOTAL ASSETS LIABILITIES Current Liabilities: Accounts Payable $88,088 Customer Deposits 18,203 MEL Payroll Accured 1,113 WC Payroll Accrued 64,524 WC Paid (39,549) Federal (FWT) Withheld (4) FICA (OASDI) Employee Withheld (2) FICA (OASDI) Company Payable (2) Federal (FUTA) Unemployment Payable 1,973 State Unemployment (46) Medicare Company Payable (1) Medicare Employee Withheld (1) Garnishment -Employe (34) Norther Trust 10086 (1,721) Northern Trust 1816 Loan #2 (10,000) TOTAL Current Liabilities Other Liabilities: Misc Credit Cards Credits 10,087 $115,848 122,449 66,666 $304,963 $122,542 Page 1 Dec 8, '2008 5:00 pm TOTAL Other Liabilities TOTAL LIABILITIES Pelican Pete Const. Co., Inc. Balance Sheet As of: December 31, 2007 EQUITY Page 2 10,087 132,629 Capital Stock 1,000 Add Paid in Capital 56,989 Retained Earnings 106.857 Year -to -Date Earnings 7,488 TOTAL EQUITY 172,334 TOTAL LIABILITIES & EQUITY $304,963 SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. 0381 for Oslo Road Boat Rama Repairs Work to be Performed Subcontractor's Name/Address 1. Ccncr 0(7-Da/ts fr4J)e/t 2. 'i i Tre.fr)Z Cbl -erre, C $fC 3. 3 0 PA- PI)/ arde 4. A f Z 7 , y G 'd 6 C�- 9Li1/ 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Note: Attach additional sheets if required. ** END OF SECTION * * 00458 - List of Subcontractors 00458-1 F:\ EngineeringlCepltal Projects\0381 Oslo Road Boat Remp\0381 Contract Documents and Specifications\00458 - List of Subcontrectors.doc BOAAD OF COUNTY COMMISSIOAERS December 23, 2008 VIA OVERNIGHT DELIVERY Pelican Pete Construction Co., Inc. Attn: Mr. James D. Connors, Jr. 697 8th Court Vero Beach, FL 32962 NOTICE OF AWARD Reference: Indian River County Bid No. 2009024 Oslo Road Boat Ramp Project Dear Mr. Connors: I am pleased to inform you that on December 23, 2008, the Board of County Commissioners awarded the above -referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Performance Bond in the amount of 100% of the contract amount. ($ 107,494.93) 2. Payment Bond in the amount of 100% of the contract amount. ($ 107,494.93) 3. Certificate of Insurance, must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255.05(1)(a), Florida Statutes, you are required to execute a Performance Bond and a Payment Bond for the above referenced project. Please submit the Bonds and the Certificate of Insurance to this office at the address provided below no later than January 8, 2009. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. In addition, enclosedare two cop es of e Agre.ernent. PLEASE EXECUTE COPIES AND RETURN THEM:4,TOGETHER WITH THE RE UIRED BONDS AND CERTIFICATE OF INSURANCE TOTHIS 01,MCE. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact this office. Scerely, Jerry Davis, Davis, Purchasing Manager cc: Michael D. Nixon, P.E., Roadway Production Manager, Engineering General Services Department* Purchasing Division 1800 27th Street, Vero Beach, Florida 32960*(772) 567-8000 Ext. 1416*Fax: (772) 770-5140 E-mail: purchasing @ircgov.com SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 - WORK 2 ARTICLE 2 - THE PROJECT 2 ARTICLE 3 — ENGINEER 2 ARTICLE 4 - CONTRACT TIMES 2 ARTICLE 5 - CONTRACT PRICE 3 ARTICLE 6 - PAYMENT PROCEDURES 4 ARTICLE 7 - INDEMNIFICATION 5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9 - CONTRACT DOCUMENTS 6 ARTICLE 10 - MISCELLANEOUS 7 FTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement (Public Works) 00520 - 1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp )0381 Contract Documents and Specifications\00520 - Agreement (Public Works).doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER/COU Y) ��"� On and CL/ C' },tel GYC=Lmt...,.5 7ic,�/a e - (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project consists of removing the existing concrete boat ramp and constructing a replacement concrete boat ramp which includes a new wooden accessory dock and bulkheads, in Indian River County, Florida. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Oslo Road Boat Ramp Repairs County Project Number: 0381 Project Address: Oslo Road east of U.S.#1 in Indian River County, Florida. ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 00520 - Agreement (Public Works).doc 00520 - 2 C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works).doc 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed on or before the 60 day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 90 day after the date when the Contract Times commence to run. 4.03 Days to Achieve Final Completion and Final Payment A. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 90 day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions. 4.04 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual Toss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $ 580.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $ 580.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ /0 7 e/9' Written Amount:CSG ,u,LC-�j ,i[-140 us -a..7 jLift_ y - foo c.%-2 911-% ak.e L LA -4.S 00520 - Agreement (Public Works).doc 00520 - 3 C:\Documents and Settings \mmclaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works).doc ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are 00520 - Agreement (Public Works).doc 00520 - 4 C:\Documents and Settings \mmclaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works).doc subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, 00520 - 5 C:\Documents and Settings \mmclaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works).doc 00520 - Agreement (Public Works).doc expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9); 2. Performance Bond (pages 00610-1 to 00610-4); 3. Payment Bond (pages 00612-1 to 00612-4); 4. General Conditions (pages 00700-1 to 00700-45); 5. Supplementary Conditions (pages 00800-1 to 00800-10); 6. Specifications as listed in the table of contents of the Project Manual; 7. Drawings consisting of a cover sheet and sheets numbered 1 through 11, with each sheet bearing the following general title: Oslo Road Boat Ramp Repairs, Project #0381, dated 8/27/08. 8. Addenda (numbers 1 to 2' , inclusive); 9. Appendices to this Agreement Appendix A — Permits Appendix B — Chapter 4, Best Management Practices Appendix C - Soil Survey Report 00520 - 6 C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works).doc 00520 - Agreement (Public Works).doc 10. CONTRACTOR'S BID Sec. 310 (pages 1 to 5, inclusive) 11. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships Sec. 00452 (pages 1 to 2, inclusive) 12. Sworn Statement Under the Florida Trench Safety Act Sec. 00454 (pages 1 to 2, inclusive) 13. Bid Bond (AIA Document 310), Qualifications Questionnaire Sec. 00456 (page 1 to 4, inclusive), List of Subcontractors Sec. 00458 (page 1 inclusive). 14. Notice to Proceed Sec. 00550 (Page 1, inclusive) 15. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 16. Contractor's Final Certificate of the Work (Sec. 00632 —1 & 2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof intention of the stricken provision. 00520 - 7 C:\Documents and Settings \mmclaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works).doc 00520 - Agreement (Public Works).doc 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Other Provisions NOTE TO USER 1. Insert other provisions here if applicable. [The remainder of this page was left blank intentionally] 00520 - 8 C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works).doc 00520 - Agreement (Public Works).doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on Decanter 23 , 20 08 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY ter -- le9 S. Davis; chairman ,�oseph A''C3;aird, County: Administrator AF ROVED AS T ,F SUFFI,=,I" LEGAL f`: William O` Cdllins, II, County Attorney Jeffrey K. Barton, Clerk of Court Attest: Deputy Clerk (SEAL) Designated Representative: Name: Christopher J. Kafer Jr., P.E. Title: County Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 Addres.s fggr giving notices: lc,ot IOW`! R IP SriVM7? 52-q6.3 License No. /376C { l / C4 (Where applicable) f Agent for service of proces Designated Representative/ J Name: n,t-f,.r/ : 7 r -7f. Title: FAR. -D j ./ Address: 67/qt./in' C1643e Phone: 2 -- 7 — S o Facsimile: 772 - �"� - 77'3 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - 9 C:\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works).doc 00520 - Agreement (Public Works).doc SECTION 00550 - Notice to Proceed Dated [Certified Mail -- Return Receipt Requested] TO: (BIDDER) ADDRESS: Contract For: (Insert name of Contract as it appears in the Contract Documents) Project: Oslo Road Boat Ramp Repairs, Indian River County, Florida. Bid No. 2009024 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 90 days for the completion of this project. In accordance with Article 4 of the Agreement the date of Substantial Completion is 60 and the date of readiness for final payment is 90. Before you may start any work at the site, paragraph 2.05.0 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insured) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) END OF SECTION 00550 - Notice to Proceed 00550 - 1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp \03B1 Contract Documents and Specifications\00550 - Notice to Proceed.doc Rev. 05/01 SECTION 00610 - Performance Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we Bond No. 22257495 1968988 THIS DOCUMENT HAS BEEN • RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2314 PG:1155, Pagel of 10 01/14/2009 at 10:05 AM, Pelican Pete Construction Company, Inc. 1FFFRFY KRGBInnY ri ERKOF COURT 6001 N AIA, Sui 1-P ROR7 Vero Beach, FL 32963 L-1, ai) 51, a- 553.a , as Principal . (Contractor), • (Insert name, principal business address, and lalephons number of Principal/Contractor) and • Western Surety Company • PO Box 5077' ,i. /`, Sioux Falls, SD 57117-5077 (..-3D-0) aO - % 1`t'-( , a corporadan, as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1600, 27th Street, Vero Beach, Florida 32960, (772-567-8Q00), • in The sum of One Hundred Seven Thousand Four Hundred * Dollarz (( 107 , 4 94.9)4 amounting to 100% of the total bid prim. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance cif a certain written Contract, dated The 8th day of January , 20 0 entered into between The Principal and the County of Indian River, for *Ninety -Four and 93/100 Bond Number: 22257495 Project Name: Oslo Road Boat Ramp Repairs County Project Number. 0381 Project Address: Oslo Road east of U.S.#1, in Ihdlan River County. Florida Project Description: The proiect consists of removing the existlna concrete boat ramp and construciina a replacement concrete boat ramp which Includes a new wdbden accessary dock and bulkheads. in Indian River County, Florida. A copy bf said Contract is incorporated herein by reference and is made a part hereof as if -fully • copied herein. NOW, THEREFORE, THE CONDITIONS OF 11-115 OBLIGATION ARE SUCH, that if the Principal shall In all respects comply with the terms and conditions of said Contract and lis obligations thereunder, including all of the Contract Documents therein referred to and macle 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 handless the County of Indian River against and from. all expenses, damages, injury or conduct, want of care of skill, negligencta or default, Including patent infringement on the part of the Principal, his agents or employees, In . the execution or performance of said Contract, including errors in the Drawings furnished by the Principal, and further, If the Principal shall promptly make payments to all who supply him wrfh 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 the County of Indian River any difference •• . - 0061Q-Peribmtanca Bond • ao610-i p Pr o .10331 Oda Ro=1 Bak Mm, 8t Caalrarincesfassemnd SpectIcatlmatt610-R eran:em=Hmid4 z between the sum that the County of Indian River 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 attorneys 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 cif 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 fumished or work done, as aforesaid or otherwise, AND, the said Surety, for value revived, 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 Werk or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect far a period of one year commenting on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed -411s instrument under their several seals, this 8th day of January 2t)p, 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. ' Fite remainder of this page was left blank Intentionally] Oo6'10-2 00610- Performance Bond WHEN THE PRINCIPAL IS A CORPORATION: Pelican Pete Construction Company, Inc. Na +_ _• Corpora ME resident Connors, J Corporate SEAL) Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL t ✓, .:�-Q-���� �4 , certify th I am the Secretary of the.00rporatian named z4 Principal in The within bond; that a..sr-Inp. , who signed the said bond cin behalf of the Principal was then • of said corporation: that I. know his signature, and his signature the to is genuine; and that said Bond was duly signed, sealed and attested for and on • ca • • rati •, by authority of Its governing body. Sa=a11146( Witness RPORATE SURETY: Western Surety Company (SEAL) Corporate Surety* PO Box 5077, Sioux Falls<j' Business Address ` (Affix Corporate C A iR1 •B:'3 .s t e: '{ f 9 Ronald LeeKaihoi Attorney -In -Fact Goldleaf Financial, Ltd. Name of Local Agency • 3246 E. Highway 7, Suite 150 Montevideo, MN S626�; Ph• �7f1-SRA-�id4 Business Address [The remainder of this page was left blank interTonaltyj , - 0010 - P amid • 006107 3 • STAT OF PA Minnesota • ' COUNTY OFmiiitkal Chippewa Before me, a Notary.Public, duly commissioned, qualified and acting, personally appeared Ronald Lee Kaihoi , to me well known, who being byme first duly swornupon oath, says that he is the aiiomey-in fact for theWestern Surety Company and that he has been authorized by. Western Surety Company to execute the foregoing bond an behalf of the CONTRACTOR named therein In favor of the County of dlan River, Florida, Subscribed and sworn to before me this 8 thday of Januar 20 09 Notary Public, of Fuotgix Minnesota My Commission Expires: 1/31/2010 END: OF SECTION* * REBECCA J. R1SA NOTARY PUBLIC - b11NNESOTA My Commission Eceires Jan. 31, 2010 00510-Perfarma,ua Bond Western Surety Company Bond No. 22257495 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jack L Anderson, Geoffrey Hathaway, Rita Jorgenson, Brenda Risa, Amy Nordaune, Ronae M Rose, Ronald Lee Kaihoi, Individually of Montevideo, MN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 20th day of August, 2008. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY Paul . Bruflat, Senior Vice . Senior Vice President On this 20th day of August, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 D. KRELL r NOTARY PUBLIC f SOUTH DAKOTA I, L. Nelson, Assistant Secretary of WESTERN SURETY C force, and further certify that the By -Law of the corporation p my name and affixed the seal of the said corporation this Form F4280-09-06 J. r CERTIFICATE 5A� D. Krell, Not ry Public f_y k eittify that the Power of Attorney hereinabove set forth is still in er'se1 eUis 11Ti farce. In testimony whereof I have hereunto subscribed 2009 _N SURETY COMPANY • 4.7 r..._ 9.4141.4971-../ L. Nelson, Assistant Secretary SECTION 00612 - Payment Bond. KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we Pelican Pete Construction Company, Inc. 6001 N AIA, quite 8082 Bond No 22257495 Vero Beach_ FT, (-1 Stat - S g as , as Principal (Contractor), (Insert name, principal business address, and telephone number of PrindpaUCanbactor) wedstern Surety Company PO Box 5077 gi ovx Fall£, SD 57117 5077 (3Zal .2LD 9- 3--"T4 , a corporation, . as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida,. 1800, 27th Street, Vero Beech, Florida 32960, (772-567-8000), 107,494.93 In tha sum cf One Hundred Seven Thousand Four Hundred * Dollars ($ , arnouniing 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 8th day of January , 20 n q . entered into between the Principal and the County of Indian River, for *Ninety Four & 93/100 Bond Number: 22257495 Project Name: Oslo Road Boat Ramo Repairs County Project Number. 0381 • Project Address: Oslo Road east of U.S.#1. In Indian River County, Florida Project Description: The crated consists of removing the existing concrete boat ramp and constructing a replacement' concrete boat ramp which includes a new wooden accessory dock and bulkheads, in Indian River County, Florida. A copy of said Contract is Incorporated herein by reference and is made a part hereof as if fay copied herein. MOW, THEREFORE,' THE CONCITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to'afi. claimants, as herein below defined, then this obligation shall be void; otherwise, this Band shall remain in full force and effect, subject to the following terms and condlt`ions: 1. A claimant, es defined in Florida Statutes Section. 255.05(9), supplying Principal with labor, materials, or supplies, used directly or Indirectly by -Principal in the prosecution of the Work provided for in the Contract. 2. Florida Statutes Section 255.05 (2002), as amended from time to time, together with all notice and time provisions contained therein, Is incorporated herein In 'Sts entirety by this reference_ 00612-PaymeftBand COW2- 4 •�� .r �.. N.1 Jrw Dr ,K411 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 orb the work to be performed there under 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 add t1on 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 Radng 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 Final C¢mpietion as established on the Certificate of Final Completion as Issued by the County of indiari 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. [The remainder of This page wa$ left blast( intintioltatly} 008i2-PaymentEond C0612-2 • IN WITNESS WHEREOF, the above bound parties executed this Instrument under their several. seals, this 8th day of January , 20 0 9 , the name ancfccrporate seal of each corporate party being hereto aftlxed and these presents duly signed by its undersigned representative, pursuantto authority of its governing body. *A* AA LA A 41111 ti hit A* WHEN THE PRINCIPAL IS A CORPORATION: Pelican Pete Construction Company, Inc. Name •Carpo (Affix Corporate SEAL) . Con :rs, Jr. me esident Official Title /� CERTIFICATE AS TO CORPORATE PRINCIPAL .b •�-- 1 .._J • 0 n/ PJgNt+ as Principal in the within bond; that bond on behalf of the Principal was then that 1 know his signature, and his signature genuine; that I am the Secretary r the corporation nameci • , who signed the sakiof said corporation: d thef said Bond was duly ereto is signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. (SEAL) ' age was left blank intentionally] 03612= 3' 60892 -Payment Bold TO BE EXECUTED BY CORPORATE SURETY: Witness Western Surety Company orate Surety Po Box 50 m 5077, 7, Sioux Falls, Business Address BY: ''1'�` �p �? (Affix Corporate SEAL) Ronald Lee Kaihoi Attorney -In -Fact Goldleaf Financial, Ltd. Name of Local Agency 3246 E. Highway 7, Suite 150 MnntPviddto MN 562651 Ph: 320 2G-9--3144 Business A STATE OF FEDATEA MINNESOTA COUNTY OF INEWRIVERc CHIPPEWA Before me, a Notary Public, duly commissioned, gualttied and acting, Personally appeared Ronald Lee Ka; hn i , to me weI known, who being by me first duly sworn upon oath, says that he Is the attomey-in-fact for the western Surety Company and that he has been authorized by Western Sl ] rP r Compaaay to execute the foregoing• bond on behalf of the CONTRACTOR clamed thereinmar In or of the County of Indian River, Florida. Subscribed and sworn to before me this, 8 t y of January 20 09 . My Commission Expires: 1/31/2o1 n Y,�vvv Notary Public idte of Restidax Minnesota REBECCA J. RISA NOTARY PUBLIC - MINNESOTA My Ccmmissicn Expires Jan. 31, 2010. ; • • * * END OF SEG I'iON ** 00612 -Payment Bcnd 0081E-4 - PlErminTaar6rpicsPftetP7CEeds=1oabRoad Emit r:at*C13B1cp„yatpeaavds and sysiaraneaalaS12-Payment sa,ddoaam.o5 t From:Receptionist FaxID:561-664-5995 Page 2 of 2 PRDA6COR© CERTIFICATE OF LIABILITY INSURANCE Slaton Insurance P 0 Box 220537 W Palm Beach FL 33422 Phone:561-683-8383 Fax:561-684-5995 INSURED Date:12/122008 12:09 PM Page:2 of 2 OP ID SB RELIC -2 DATE (MM/DD/MY) ITHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 12/12/08 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Pelican Pete Construction Co dba MRMC Marine Construction Cheryl Holmes P.O. Box 10 Vero Beach FL 32961 COVERAGES INSURER A: Al G INSURER EI: ESSEX INS CO INSURER C: One Beacon INSURER D: NAIC 4 03450 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 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II Ay�UU L TR INSRE+� TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR GEH'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT LOC A AU OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO POLICY NUMBER 9CC34881 POLICY EFFEC INEPOLICY EXPfRA RON DATE (MM/DDNY) I DATE (MM/DD/YY) 1 03/08/08 03/08/09 LIMITS EACH OCCURRENCE DAmA,t J U KON I tU PREMISES (Ea occurencel $1,000,000 MED EXP (Any one person) PERSONAL a, ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $50,000 $Excluded $1,000,000 $2,000,000 $Included EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below OTHER AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG $ EACH OCCURRENCE AGGREGATE 2954587 •03/08/38 03/08/09 VVC SLAIU-O- 7OR1' LIMITS X I IHEP E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER E.L. DISEASE - POLICY LIMIT $1,000,000 CANCELLATION For Information Only ACORD 25 (2001/08) 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 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Raul N, Mercader ACORD CORPORATION 1988 SECTION 00622 - Contractor's Application for Payment.doc Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Project No. 2009024 Project: Oslo Road Boat Ramp Repairs Bid No. 2009024 ENGINEER Indian River County 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total Work to date: 4.a Percentage of Work completed to date: 4.b Total Work completed to date: $ 4.c Total equipment and material stored to date: $ (1) 4.d Total Work completed and stored to date: (4.b plus 4.c) $ 5. Retainage (per Agreement): 5.a 10% of completed Work (0.10 x 4.b): 5.b 20% of stored equipment and material (0.20 x 4.c): 5.c Total Retainage (5.a plus 5.b): $ 6. Total Work completed and stored to date less retainage (4.d minus 5.c): $ 7. Previous Payments: $ 8. AMOUNT DUE THIS APPLICATION (6 MINUS 7): $ (1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): % of completed Work: $ % of stored material: $ Total Retainage: $ 6. Total completed and stored to date Tess retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ 00622 - Contractor's Application for Payment 00622 - 1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00622 - Contractors Application for Payment.doc Rev. 05/01 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, 1 further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by No. 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Dated By: (CONTRACTOR) State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires: CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. Dated (ARCHITECT / ENGINEER) SIGNATURE CERTIFICATION OF ENGINEER / INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above. Dated Accompanying Documentation: (ENGINEER/INSPECTOR) SIGNATURE 00622 - Contractor's Application for Payment 00622 - 2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications \00622 - Contractor's Application for Payment.doc Rev. 05/01 From: (CONTRACTOR) Bid No. 2009024 Project: Oslo Road Boat Ramp Repairs Bid Rem No. Unit Price Estimated Quantity Schedule Of Values Amount Quantity Completed Amount Percent Complete ("�o) Material Stored Amount Completed and Stored 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. TOTAL AMOUNT [Note: Total Schedule of Values Amount should equal the current Contract Price.] * * END OF SECTION * * 00622 - Contractor's Application for Payment 00622 - 3 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00622 - Contractor's Application for Payment.doc Rev. 05/01 SECTION 00630 - Certificate of Substantial Completion Date of Issuance: , 20 OWNER: Indian River County CONTRACTOR. Bid Number : 200%74 Project: Oslo Road Boat Ramp Repairs OWNER's Contract No. 2009024 CONTACT FOR: Oslo Road Boat Ramp Repairs ENGINEER's Project No. 0381 This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To. OWNER And To. CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 30 days of the above date of Substantial Completion. 00630 - Certificate of Substantial Completion 00630 - 1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00630 - Certificate of Substantial Completion .doc The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: (Date). ENGINEER: By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on _ (date). CONTRACTOR: By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER: INDIAN RIVER COUNTY By: (Authorized Signature) * * END OF SECTION * * 00630 - Certificate of Substantial Completion 00630 - 2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00630 - Certificate of Substantial Completion .doc SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. 00632-1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00632 - Contractor's Final Certification.doc (Corporate Seal) (Contractor) By: Subscribed and sworn to before me this day of , 20 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + 00632-2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00632 - Contractor's Final Certification.doc STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 5 1.01 Defined Terms 5 1.02 Terminology 7 ARTICLE 2 - PRELIMINARY MATTERS 8 2.01 Delivery of Bonds 8 2.02 Copies of Documents 8 2.03 Commencement of Contract Times; Notice to Proceed 8 2.04 Starting the Work 8 2.05 Before Starting Construction 8 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 9 3.01 Intent 9 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 3.04 Amending and Supplementing Contract Documents 10 3.05 Reuse of Documents 10 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 11 4.03 Differing Subsurface or Physical Conditions 11 4.04 Underground Facilities 12 4.05 Reference Points 13 4.06 Hazardous Environmental Condition at Site 13 ARTICLE 5 - BONDS AND INSURANCE 14 5.01 Performance, Payment, and Other Bonds 14 5.02 Licensed Sureties and Insurers 15 5.03 Certificates of Insurance 15 5.04 CONTRACTOR's Liability Insurance 15 5.05 OWNER's Liability Insurance 16 5.06 Property Insurance 16 5.07 Waiver of Rights 17 5.08 Receipt and Application of Insurance Proceeds 18 5.09 Acceptance of Bonds and Insurance; Option to Replace 18 5.10 Partial Utilization, Acknowledgment of Property Insurer 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 18 6.02 Labor,. Working Hours 18 6.03 Services, Materials, and Equipment 19 6.04 Progress Schedule 19 6.05 Substitutes and "Or -Equals" 19 6.07 Patent Fees and Royalties 21 00700 - General Conditions REV 04-07 00700 - 2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp \0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 6.08 Permits 22 6.09 Laws and Regulations 22 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.13 Safety and Protection 23 6.14 Safety Representative 23 6.15 Hazard Communication Programs 24 6.16 Emergencies 24 6.17 Shop Drawings and Samples 24 6.18 Continuing the Work 25 6.19 CONTRACTOR's General Warranty and Guarantee 25 6.20 Indemnification 25 ARTICLE 7 - OTHER WORK 26 7.01 Related Work at Site 26 7.02 Coordination 27 ARTICLE 8 - OWNER'S RESPONSIBILITIES 27 8.01 Communications to Contractor 27 8.02 Replacement of ENGINEER 27 8.03 Furnish Data 27 8.04 Pay Promptly When Due 27 8.05 Lands and Easements; Reports and Tests 27 8.06 Insurance 27 8.07 Change Orders 27 8.08 Inspections, Tests, and Approvals 27 8.09 Limitations on OWNER's Responsibilities 27 8.10 Undisclosed Hazardous Environmental Condition 28 8.11 Evidence of Financial Arrangements 28 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 28 9.01 OWNER'S Representative 28 9.02 Visits to Site 28 9.03 Project Representative 28 9.04 Clarifications and Interpretations 28 9.05 Authorized Variations in Work 28 9.06 Rejecting Defective Work 29 9.07 Shop Drawings, Change Orders and Payments 29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 29 9.10 Limitations on ENGINEER's Authority and Responsibilities 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 30 10.01 Authorized Changes in the Work 30 10.02 Unauthorized Changes in the Work 30 10.03 Execution of Change Orders 30 10.04 Notification to Surety 30 10.05 Claims and Disputes 31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 31 11.01 Cost of the Work 31 11.02 Cash Allowances 33 11.03 Unit Price Work 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 34 00700 - General Conditions REV 04-07 00700 - 3 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 12.01 Change of Contract Price 34 12.02 Change of Contract Times 35 12.03 Delays Beyond CONTRACTOR's Control 35 12.04 Delays Within CONTRACTOR's Control 35 12.06 Delay Damages 35 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 35 13.01 Notice of Defects 35 13.02 Access to Work 35 13.03 Tests and Inspections 35 13.04 Uncovering Work 36 13.05 OWNER May Stop the Work 36 13.06 Correction or Removal of Defective Work 37 13.07 Correction Period 37 13.08 Acceptance of Defective Work 37 13.09 OWNER May Correct Defective Work 37 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 38 14.01 Schedule of Values 38 14.02 Progress Payments 38 14.03 CONTRACTOR's Warranty of Title 40 14.04 Substantial Completion 41 14.05 Partial Utilization 41 14.06 Final Inspection 42 14.07 Final Payment 42 14.09 Waiver of Claims 43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 43 15.01 OWNER May Suspend Work 43 15.02 OWNER May Terminate for Cause 43 15.03 OWNER May Terminate For Convenience 43 15.04 CONTRACTOR May Stop Work or Terminate 44 ARTICLE 16 - DISPUTE RESOLUTION 44 16.01 Methods and Procedures 44 ARTICLE 17 - MISCELLANEOUS 44 17.01 Giving Notice 44 17.02 Computation of Times 44 17.03 Cumulative Remedies 44 17.04 Survival of Obligations 45 17.05 Controlling Law 45 00700 - General Conditions REV 04-07 00700 - 4 F:\Engineering\Capital Projects \03S1 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all .capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment—The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupa- tional Safety and Health Administration. 5. Bid --The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order --A document recommend- ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract --The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date .of the Agreement. Approved Shop Drawings and the reports and drawings. of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final pay- ment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work --See paragraph 11.01.A for definition. 00700 - General Conditions REV 04-07 00700 - 5 F:\Engineering\Capital Projects \0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications \00700 - General Conditions REV 04-07.doc 17. Drawings—That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER --The individual or entity named as such in the Agreement. 20. ENGINEER'S Consultant An individual or entity having a contract with ENGINEE : rnish services as ENGINEER's in• - • - •ent professional associate or consul • respect to the Project and who is '• - - ied as such in the Supplementary 21. Field Order --A written order issued by ENGINEER which requires minor changes in . the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulat- ions --Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Comple- tion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization—Use by OWNER of a substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Materia!—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which 00700 - General Conditions REV 04-07 00700 - 6 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications \00700 - General Conditions REV 04-07.doc establish the standards by which such portion of the Work will be judged. 39. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone. or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment --A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or . the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific. statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- 00700 - General Conditions REV 04-07 00700 - 7 F:\Engineering\Capital Projects\0361 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc NEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recom- mendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. connection with services, materials, or said services, materials, or equipment to the Site (or some other specified location) ready for 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 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 uses 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- ceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- mence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected 00700 - General Conditions REV 04-07 00700 - 8 F:lEngineering\Capital Projects \0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications \00700 - General Conditions REV 04-07.doc thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC- TOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for sub- mitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. the Site is started, CONTRACTOR and OWNE- all each deliver to the other, with cop i-: o each additional insured identified in t upplementary Conditions, certificates of urance (and other evidence of insurance ich either of them or any additional insur- e may reasonably request) which CONTRA a - and OWNER respectively are 2.06 Preconstruction Conference to run, but before any Wo conference ite is started, a y CONTRACTOR, ENGINEER, ers as appropriate will be held to establish a and other submittals, processing Applications for 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri- ate will be held to review for acceptability to ENGI- NEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part there- of) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. 00700 - General Conditions REV 04-07 00700 - 9 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifica- tions, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the stan- dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employ- ees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CON- TRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order, or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarifi- cation. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any 00700 - General Conditions REV 04-07 00700 - 10 F:\ Engineering\ Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGI- NEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementa- ry Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRAC- TOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inher- ent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the 00700 - General Conditions REV 04-07 00700 - 11 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in para- graph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as re- quired by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or com- pleteness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- TOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the 00700 - General Conditions REV 04-07 00700 - 12 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications \00700 - General Conditions REV 04-07.doc Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGI- NEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CON- TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for 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 00700 - General Conditions REV 04-07 00700 - 13 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGI- NEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. if after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special condi- tions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnity any individual or entity from and against the consequences of that individual's or entity's own negli- gence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds .. - ;ones, each in an amount at least equal to the Contract Price as security for the faithful perfor except as provided otherwise by Laws or Regulations .: _ .-. _a Contract Document,. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be 00700 - General Conditions REV 04-07 00700 - 14 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- TRACTOR is required to purchase and maintain. to each additi.. - • . - • • en i ied in the Supple- ary Conditions, certificates of insurance (and other evidence of insurance recuected by CONTRAC TOR or any other additionalincured) 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 per- formed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR'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: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, mainte- nance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Condi- tions, all of whom shall be listed as additional insureds, and include coverage for the respec- tive officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least .the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 00700 - General Conditions REV 04-07 00700 - 15 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp \0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CON- TRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance A. In addition to the insurance required t. be provided by CONTRACTOR under par- • .p 5.04, OWNER, at OWNER's option - -y purchase and maintain at OWNER's - - : - se OWNER's own liability insurance as protect OWNER against claims which ' anse from operations under the Contract uments. 5.06 Property Insurance A. Unle"otherwise provided in the S lc mentary Conditions, OWNER shall • -se and maintain property insurance upo. - - ork at the Site in the amount of the eplacement cost thereof (subject to su • •eductible amounts as may be provid-• e Supplementary Conditions or required aws and Regulations). This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in thc Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of ea€h and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk "all risk" form that shall at least include insurance for physical lo -s or damage to thc Work, tempo fary buildings, false work, and materials and Least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, 2-2 forcement of Laws and Regulations, water loss as may bo specifically required by thc 3. include expenses incurred in thc repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); stored at the Site or at anothe agreed to in writi incor on that was NER prior to being in the Work, provided that such 5. allow for partial utilization . e Work by OWNER; 6. include testing - • d startup; and 7. be main - ned in effect until final pay- ment is mad- nless otherwise agreed to in writing b OWNER, CONTRACTOR, and ENGIN R with 30 days written notice to each otho additional insured to whom a certificate of the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consul -als or entities identified in 00700 - General Conditions REV 04-07 00700 - 16 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc deemed to have an insurable interest and shall be respective officers, directors, partners, employees, listed as an insured or additional insured. C. All the policies of insurance (and the certifi ion or endorsement that the coverage afforded will not be canceled or materially e- - written notice has been given to OWNER and CON whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be responsible for purchas- ing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. other special insurance be included • e. property insurance policies provide. - ier paragraph 5.06, OWNER shall, i :: si•le, include such insurance, and th- -. thereof will be charged to CONTRAC- by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRAC • procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that a 1 policies purchased in accordance with paragraph .1. will protect OWNER, CONTR ' OR, Subcontractors, ENGINEER, ENGINEE Consul tants, and all other individuals or entiti:_ identified in the Supplementary Conditions to be ..ted as insureds or additional insureds '(and th- officers, directors, partners, employees, agents and other consultants and subcontractors of eac- and any of them) in such policies and will prow •e pri-mary coverage for all loses and damag- . caused by the perils or -causes of lose covered tho -by. All such policies shall contain any loss recov-• damage the insurers will have no rights of against any of the insureds or additional waive all rights against each other and thei r ach and any of them for all losses and damag caused by, arising out of or re and, in addition, waive all such rights a ainst Consultants, and all other individuals or entities identified in the Supplementary Conditions to •e listed as insureds or additional insureds (and th- officers, directors, partners, employees, agents, -nd other them) under such policies for losses and damages so to the proceeds of insurance held trustee or otherwise payable and issued. y OWNER as any policy so 8. OWNER waives al rights against CONTRACTOR, Subcontrac •rs, ENGINEER, ENGINEER's Consultants, and he officers, directors, partners, employees, agents, and other consultants and subcontractors of each a • any of them for: 1. loss due to •usiness interruption, los, of use, or other co sequential loss extending beyond direct ph,'sical losc or damage to OWNER's proper or the Work caused by, arising out of, or esulting from fire or other peril 2. low or damage to the completed Pro ject or part t ereof caused by, arising out of, or resulting frim fire or other insured peril or cause of loss covered by any property insuranc- maintained on the completed Project or part thereof by OWNER during partial utilizati. pursuant to paragraph 14.05, after 14.04, or after final payment pursuant to par • raph 14.07. C. ny insurance policy maintained by OWNER coverin• any lose, damage or consequential loss referrer to in paragraph 5.07.B shall contain provis-ons to the effect that in the event of payment of any uch looms, damage, or consequential loss, the ins ers will have no rights of recovery against C• TRACTOR, Subcontractors, ENGINEER, or EGINEER's Consultants and the officers, directors, •-rtners, employees, agents, and other consultants 00700 - General Conditions REV 04-07 00700 - 17 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp \0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 5.08 Receipt and Application of Insurance Proceeds A. Any insured lo -s under the policies of insurance required by paragraph 5.06 will be adjust with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any ap • icable mortgage clause and of paragraph 5.08.6. •WNER shall deposit in a separate account any money so received and shall distribute it in accorda • ce with such agreement as the parties in interest =y reach. If no other special agreement is reach-., the damaged Work shall be repaired or replac-d, the moneys so received applied on account t reof, and the Work and the cost thereof cover -d by an appropriate Change Order or Written A -ndment. B. OWNER as fi• ciary shall have power to adjust and settle any I. s with the insurers unless one of the parties in inter st shall object in writing within 15 days after the • -currence of loss to OWNER's exercise of this •ower. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in cordance with such agreement as the parties in terest may reach. If no such agreement among e parties in interest is reached, OWNER as fiduci_ shall adjust and settle the loss with the insu -rs and, if required in writing by any party in in rest, OWNER as fiduciary shall give bond for the 5.09 Acceptance of Bonds and Insurance; Option to Replace objection to the coverage afforded by or other pr sions of the Bonds or insurance required t purchased and maintained by the other party i dance with Article 5 on the basis of non -co with the Contract Documents, the objectin so notify the other party in writing withi receipt of the certificates (or requested) required by paragraph and CONTRACTOR shall each such additional information provided as the other ma either party does not pur Bonds and insurance Contract Documents party in writing of start of the Wor any change prejudice to may elec protect the be accor- rmance party shall 0 days after her evidence .05.C. OWNER rovide to the other i respect of insurance reasonably request. If ase or maintain all of the quired of such party by the such party shall notify the other ch failure to purchase prior to the or of such failure to maintain prior to the required coverage. Without ny other right or remedy, the other party 0 obtain equivalent Bonds or insurance to uch other party's interests at the expense of rty who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in cover- age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CON- TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- 00700 - General Conditions REV 04-07 00700 - 18 F:\Engineering\Capital Projects \0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications \00700 - General Conditions REV 04-07.doc ments. CONTRACTOR shall at all times maintain good disciplineand order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except . as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime .work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifica- tions shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- cated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additional- ly will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accor- dance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 00700 - General Conditions REV 04-07 00700 - 19 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 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 suffi- cient information as provided below to .allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the pro- posed substitute item will prejudice CONTRACTOR's achievement of Substan- tial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substi- tute item in connection with the Work is sub- ject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, se- quence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- graphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR's ex- pense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.6 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so pro- posed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 00700 - General Conditions REV 04-07 00700 - 20 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reason- able objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcon- tractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such 'Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and. any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontrac- tors, Suppliers, and such .other individuals or entities performing or furnishing any of the Work to commu- nicate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use 'in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, 00700 - General Conditions REV 04-07 00700 - 21 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications \00700 - General Conditions REV 04-07.doc CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations. B. If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's 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 may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, cons er, use, and other similar taxes r- • . -d to be paid by CONTRACTO: accordance with the Laws and : -. ations of the place of the Pro'e ich are applicable during the •erformance of the Work. B. OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or 00700 - General Conditions REV 04-07 • 00700 - 22 F:\Engineering\Capital Projects \0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- TOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materi- als, rubbish, and other debris shall conform to applica- ble Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGI- NEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 00700 - General Conditions REV 04-07 00700 - 23 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ram00381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged be- tween or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required be- cause of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- mance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- NEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of.CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to 00700 - General Conditions REV 04-07 00700 - 24 F:\Engineering\Capital Projects\03B1 Oslo Road Boat Ramp\0381 Contract Documents and Specifications \00700 - General Conditions REV 04-07.doc ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGI- NEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CON- TRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make correc- tions required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Sub- stantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold 00700 - General Conditions REV 04-07 00700 - 25 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen- sation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CON- TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is per- forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 00700 - General Conditions REV 04-07 00700 - 26 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications100700 - General Conditions REV 04-07.doc C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRAC- TOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 00700 - General Conditions REV 04-07 00700 - 27 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construc- tion as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Con- tract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compati- ble with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, 00700 - General Conditions REV 04-07 00700 - 28 F:\Engineering\ Capital Projects \0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc a Claim may be made therefor as provided in accordance with the provisions of paragraph 10.05, with a request for a formal decision. paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER'S preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Responsibilities A. Neither ENGINEER's authority or respon- sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER 'in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcon- tractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of 00700 - General Conditions REV 04-07 00700 - 29 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibil- ity set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regula- tions, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 00700 - General Conditions REV 04-07 00700 - 30 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications100700 - General Conditions REV 04-07.doc 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accom- panied by claimants written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt pf the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in para- graph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the perfor- mance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 00700 - General Conditions REV 04-07 00700 - 31 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp \0381 Contract Documents and Specifications \00700 - General Conditions REV 04-07.doc 2. Cost of all materials and equipment furnished and incorporated in the Work, includ- ing costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this para- graph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence ex- penses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not con- sumed which remain the property of CON- TRACTOR. c. Rentals of all construction equip- ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deduct- ible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as tele- grams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for addi- tional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. 00700 - General Conditions REV 04-07 00700 - 32 F:\Engineering\Capital Projects10381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc j. When all the Work is performed on the basis of cost-plus, 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, princi- pals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's princi- pal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.8, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Con- tract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaran- teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Deter- minations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. 00700 - General Conditions REV 04-07 00700 - 33 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- quate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accor- dance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of para- graph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not cov- ered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under para- graphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shalt be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcon- tractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in 00700 - General Conditions REV 04-07 00700 - 34 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRAC- TOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required 00700 - General Conditions REV 04-07 00700 - 35 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. services of an independent testing laborato perform all inspections, tests, or approvals re the Contract Documents except: 1. for inspections, to , or approvals covered by paragraphs 1 13.0 and 13.03.D below; 2. that cos incurred in connection with tests or insp= ions conducted pursuant to paragraph ..04.B shall be paid as provided in said par. • raph 13.04.B; and as otherwise specifically provided in C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspec- tion or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CON- TRACTOR without written concurrence of ENGI- NEER, it must, if requested by ENGINEER, be uncov- ered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question, furnishing all neces- sary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work fails to supply sufficient skilled workers or -.stable materials or equipment, or fails to perform e Work in such a way that the completed Wo • dl conform to the Contract Documents, OWNE' may order CON- TRACTOR to stop the Work •r any portion thereof, until the cause for such . der has been eliminated; however, this right of . NER to stop the Work shall not give rise to . duty on the part of OWNER to exercise this •ht for the benefit of CONTRACTOR, any Sub tractor, any Supplier, any other individual 00700 - General Conditions REV 04-07 00700 - 36 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp \0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGI- NEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting there- from. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recom- mendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work` in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. 00700 - General Conditions REV 04-07 00700-37 F:\EngineeringlCapital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications \00700 - General Conditions REV 04-07.doc B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to. the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provid- ed in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI- NEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CON- TRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on 00700 - General Conditions REV 04-07 00700 - 38 F:\Engineering\Capital Projects10381 Oslo Road Boat Ramp10381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. The conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspec- tions made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.6.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accor- dance with paragraph 13.09; or the occurr the events cnumcr C. Payment Becomes Due 1. Ten days after presentation o Application for Payment to 0 ' with ENGINEER's recommen• - "•n, the amount recommended wil - • •sect to the provisions of paragrap - •2.D) become due, and when d - -.11 be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific 00700 - General Conditions REV 04-07 00700 - 39 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp10381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- ER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy. to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 00700 - General Conditions REV 04-07 00700 - 40 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers the Work deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the -certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 11 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after considers the Work substantially complete, as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion TOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with Fespect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and '' - -- inform ENGINEER in writing prior to ENGINEER': issuing the definitive certificate of Substantial Complc tion, ENGINEER's aforesaid recommendation will be payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- TRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 00700 - General Conditions REV 04-07 00700 - 41 F:\Engineering\Capital Projects \0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satis- fied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to 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 Thirty days after the presentation to - ' e - accompanying documentation, the amount recommended by ENGINEER will become due and, whcn due, will be paid by OWNER to CONTRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminat- ing the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 00700 - General Conditions REV 04-07 00700 - 42 F\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CON- TRACTOR shall resume the Work on the date so fixed. 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. _ e - 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 00700 - General Conditions REV 04-07 00700 - 43 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) in- curred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CON TRACTOR any sum finally determined to be duo, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be duo, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each 0D700 - General Conditions REV 04-07 00700 - 44 F:\Engineering\Capital Projects \0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC - 1.00 Defined Terms SC —1.01 Before Starting Construction SC —2.05 Preconstruction Conference SC — 2.06 Coordination of Plans, Specifications, and Special Provisions SC — 3.06 Subsurface and Physical Conditions SC — 4.02 Performance, Payment and Other Bonds SC — 5.01 Certificates of Insurance SC — 5.03 CONTRACTOR's Liability Insurance SC — 5.04 OWNER's Liability Insurance SC — 5.05 Property Insurance SC — 5.06 Waiver of Rights SC — 5.07 Receipt and Application of Insurance Proceeds SC — 5.08 Labor; Working Hours SC — 6.02 Permits SC — 6.06 Taxes SC — 6.10 Test and Inspections SC — 13.03 Progress Payments SC — 14.02 Mediation SC —16.02 Arbitration SC — 16.03 Liens SC — 17.06 00800-i 00800 - SupplementaryConditions 00800 IF:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00800 - Supplementary Conditions.doc particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or comple- tion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 - General Conditions REV 04-07 00700 - 45 F:\Engineering\Capital Projects \0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00700 - General Conditions REV 04-07.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC -1.00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. SC -1.01 Defined Terms SC -1.01.A.20. Delete paragraph GC 1.01.A.20 in its entirety. SC -1.02 Terminology SC -1.02.D.1, 2, and 3 Delete paragraphs GC -1.02.D.1, 2, and 3 in their entirety and insert the following paragraphs in their place: D. Furnish, Install, Perform, Provide 1. The word "furnish" shall mean to supply and deliver services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install" shall mean to put into use or place in final position services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide" shall mean to furnish and install services, materials, or equipment complete and ready for intended use. SC -2.05 Before Starting Construction SC -2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its place: C. Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. SC -2.06 Preconstruction Conference SC -2.06 Delete paragraph GC -2.06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work, the Construction Coordination Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in 00800-1 00800 - Supplementary Conditions 00800 1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00800 - Supplementary Conditions.doc paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, and maintaining required records. Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. SC -3.06 Coordination of Plans, Specifications, and Special Provisions SC -3.06 Add the following new paragraphs immediately after paragraph GC -3.05: SC -3.06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows: 1. Written Interpretations 2. Addenda 3. Specifications 4. Supplementary Conditions to the General Conditions 5. General Conditions 6. Approved Shop Drawings 7. Drawings 8. Referenced Standards. B. Written/computed dimensions shall govern over scaled dimensions. SC -4.02 Subsurface and Physical Conditions SC -4.02 Add the following new paragraphs immediately after paragraph GC -4.02.8: C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: Soil Survey Report — Oslo Road Boat Ramp Repairs D. Reports and drawings itemized in SC -4.02.0 are not included with the Bidding Documents. Copies may be examined at Indian River County Administration Building, Public Works, 1801 27th Street, Vero Beach, FL 32960 during regular business hours. These reports and drawings are not part of the Contract Documents. SC -5.01 Performance, Payment and Other Bonds SC -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its place: A. Within ten (10) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Performance Bond in an amount equal to 100% of the Contract Price and a Payment Bond in an amount equal to 100% of the Contract Price. 1. The CONTRACTOR shall provide two separate bonds. A combined Payment and Performance Bond for 125% of the Contract Price is not an acceptable substitute. 2. In lieu of the Performance and Payment Bonds, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject 00800-2 00800 - Supplementary Conditions nfRnn 2F \Fnnineeriso\Capital Proiects\0381 Oslo Road Boat Ramo\0381 Contract Documents and Specifications \00800 - Supplementary Conditions.doc to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. 3. Such Bonds shall continue in effect for one (1) year after acceptance of the Work by the OWNER. 4. The CONTRACTOR shall record, the Payment Bond and the Performance Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after they are recorded. The CONTRACTOR shall pay all costs. SC -5.03 Certificates of Insurance SC -5.03 Delete the second sentence of paragraph GC -5.03 in its entirety. SC -5.04 CONTRACTOR's Liability Insurance SC -5.04 Add the following new paragraphs immediately after paragraph GC -5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations c. Contractual Liability d. Independent Contractors e. Explosion f. Collapse g. Underground. 3. Business Auto Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Owner Autos b. Hired Autos c. Non -Owned Autos. 4. CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work. 5. Special Requirements: a. Ten (10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract 00800-3 00800 - Supplementary Conditions 00800 3F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00800 - Supplementary Conditions.doc Documents will be provided to the OWNER's Risk Manager for review and approval. b. "Indian River County Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance. c. The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. d. An appropriate "Indemnification" clause shall be made a provision of the Contract (see paragraph 6.20 of the General Conditions). e. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requirements, which are subject to modification in response to high hazard operation. g. Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder's rating and financial rating of a least Class XI in accordance with the most current Best's Rating. D. Additional Insureds: 1. In addition to "Indian River County, Florida," the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies: a. NONE b. c. SC -5.05 OWNER's Liability Insurance SC -5.05 Delete paragraph GC -5.05.A in its entirety. SC -5.06 Property Insurance SC -5.06 Delete paragraphs GC -5.06.A, B, and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of Toss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, 00800-4 00800 - Supplementary Conditions (0ROO 4F-\Fooineerino\Capital Projects\0381 Oslo Road Boat Ramo\0381 Contract Documents and Specifications\00800 - Supplementary Conditions.doc water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC -5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. SC -5.06.E Delete paragraph GC -5.06.E in its entirety and insert the following in its place: E. Additional Insureds: 1. The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's property insurance policies: a. Indian River County, Florida b. NONE c. SC -5.07 Waiver of Rights SC -5.07 Delete GC -5.07 (paragraphs A, B, and C) in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC -5.08 Delete GC -5.08 (paragraphs A and B) in its entirety. SC -5.09 Delete GC-5.09(paragraph A)in it's entirety. SC -6.02 Labor; Working Hours SC -6.02.B. Add the following paragraphs immediately after paragraph GC -6.02.B: 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. 2. Indian River County Holidays are: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the 00800-5 00800 - Supplementary Conditions 00800 5F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00800 - Supplementary Conditions.doc Construction Coordination Manager. 3. The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 7 p.m. except in case of emergency upon specific permission of the ENGINEER. SC -6.06 Concerning Subcontractors, Suppliers, and Others SC -6.06.C. Add the following sentence at the end of paragraph GC -6.06.C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6.08 Permits SC -6.08 Add the following paragraphs immediately after paragraph GC -6.08.A: B. The OWNER has obtained the following permits (copies of these permits are contained in Appendix "A"): 1. St. Johns River Water Management District -Permit no. 4-061-114751-1 2. Department of the Army Corps of Engineers — Permit no. SAJ-2008-0223 C. The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. D. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC -6.10 Taxes SC -6.10.A Delete paragraph GC -6.10.A in its entirety and insert the following in its place: OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment 00800-6 00800 - Supplementary Conditions 00800 6F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00800 - Supplementary Conditions.doc SC -13.03 Test and Inspections SC -13.03.B. Delete the first sentence of paragraph GC -13.03.8 in its entirety, and insert the following sentences in its place: B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests, or approvals required by the Contract Documents except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. The CONTRACTOR shall arrange, obtain, and pay for the following inspections, tests, or approvals: 1. inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13.04.B; 3. tests otherwise specifically provided in the Contract Documents. 13.05 OWNER May Stop the Work SC -13.05.A. Delete paragraph GC -13.05.A in its entirety and insert the following paragraph in its place: A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.02 Progress Payments SC -14.02.B.5. Delete paragraph GC -14.02.8.5.d in its entirety and insert the following paragraph in its place: d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A; or SC -14.02.B.5. Add the following sentences at the end of paragraph GC -14.02.8.5: e. OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for 00800-7 00800 - SupplementaryConditions 00800 %F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00800 - Supplementary Conditions.doc subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals, SC -14.02.C.1. Delete paragraph GC -14.02.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. F.S. 218.70 et. seq. SC -14.04A. After the third sentence in paragraph GC -14.04A of the General Conditions, delete the remainder of paragraph 14.04A in its entirety and replace with the following: "If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion. In accordance with the provisions of Florida Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project." SC -14.048 Add the following new paragraph immediately after paragraph GC 14.048: C. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees SC -14.07 Final Payment SC -14.07.C.1. Delete paragraph GC -14.07.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 00800-8 00800 - Supplementary Conditions 00800 8F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00800 - Supplementary Conditions.doc 1. Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act" , Florida Statutes section 218.70, et. seq. SC -15.01 OWNER May Suspend Work SC -15.01.A Delete the last sentence in paragraph GC -15.01.A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times, directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10.05. CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of Toss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension. SC -15.02 OWNER May Terminate For Cause SC -15.02.A.5 and SC -15.02.A.6 Add the following new paragraphs immediately after paragraph GC -15.02.A.4: 5. CONTRACTOR's violation of Section 02225 — "Erosion Control and Treatment of Dewatering Water From the Construction Site." 6. CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers. SC -15.04 CONTRACTOR May Stop Work or Terminate SC -15.04 Delete the following text from the first sentence of paragraph GC -15.04.A: r e. a . &• SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to bo SC -16 DISPUTE RESOLUTION SC -16.02 Mediation SC -16 Add the following new paragraph immediately after paragraph GC -16.01. SC -16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. 00800-9 00800 - Supplementary Conditions 00800 9F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp \0381 Contract Documents and Specifications\00800 - Supplementary Conditions.doc SC -17 Miscellaneous Add the following new paragraphs immediately after paragraph GC17.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name), pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub - subcontract hereunder." The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit -claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++END OF SUPPLEMENTARY CONDITIONS++ 00800-10 00800 - Supplementary Conditions 00800 10F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00800 - Supplementary Conditions.doc SECTION 00942 - Change Order Form No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Bid No:2009024 Project: Oslo Road Boat Ramp Repairs OWNER's Contract No. 2009024 ENGINEER's Contract No. 0381 ENGINEER Indian River County You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $ Net Increase (Decrease) from previous Change Orders No. to . $ Substantial Completion: Final Completion: Contract Price prior to this Change Order: $ Net increase (decrease) of this Change Order: $ Contract Price with all approved Change Orders: $ ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days or dates) Net change from previous Change Orders No. to : (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: Substantial Completion: Final Completion: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days or dates) Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days or dates) RECOMMENDED: By: ENGINEER (Signature Date: APPROVED: By: OWNER (Signature) Date: 00942 - Change Order Form 00942 - 1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00942 - Change Order Form.doc Rev. 05/01 SECTION 00946 - Field Order Form Field Change No.: DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Contract: 2009024 Project: Oslo Road Boat Ramp Repairs OWNER's Contract No. 2009024 ENGINEER: Indian River County ENGINEER's Contract No. 0381 Field Activity Description: Reason for Change: Recommended Disposition: Field Operations Officer / Engineer (Signature) Date Disposition: Contractor's Onsite Supervisor (Signature) Date Distribution: Field Operations Officer Others as Required: On-site Supervisor Project File * * END OF SECTION * * 00946 - Field Order Form REV 04-07 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00946 - Field Order Form REV 04-07.doc SECTION 00948 - Work Change Directive No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR: Bid No: 2009024 Project: Oslo Road Boat Ramp Repairs OWNER's Contract No. 2009024 ENGINEER: Indian River County ENGINEER's Contract No. 0381 You are directed to proceed promptly with the following changes: Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices: Q Unit Prices O Lump Sum 0 Other: O By Change Order: Estimated increase (decrease) in Contract Price: If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Method of determining change in Contract Times 0 Contractor's Records 0 Engineer's Records 1 Other: II By Change Order: Estimated increase (decrease) in Contract Times: Substantial Completion: days; Ready for Final Completion: days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. RECOMMENDED: By: ENGINEER (Authorized Signature) Date: AUTHORIZED: By: OWNER (Authorized Signature) Date: * * END OF SECTION * * F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\00948 - Work Change Directive.doc DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO. SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 SUBMITTAL OF SHOP DRAWINGS, PRODUCT 01340 DATA AND SAMPLES CONSTRUCTION FACILITIES AND TEMPORARY 01520 CONTROLS PROTECTION OF THE WORK AND PROPERTY 01541 ACCESS ROADS, PARKINGS AREAS AND USE OF 01550 PUBLIC STREETS TRANSPORTATION AND HANDLING OF MATERIALS 01610 AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 RECORD AS BUILT DOCUMENTS 01720-1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\1009 DIVISION 1 GENERAL REQUIREMENTS.doc SECTION 01009 SPECIAL PROVISIONS 1.1 GENERAL A. Visits to the construction site may be made by representatives of permitting or governing bodies. Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction. B. Furnish sufficient labor, construction equipment and materials, and work such hours, including night shifts and overtime operations, as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule. If, in the opinion of the ENGINEER, the CONTRACTOR falls behind the progress schedule, take such steps as may be necessary to improve progress, all without additional cost to the OWNER. The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions, SC -6.02. C. All salvageable material and equipment for which specific use, relocation or other disposal is not specifically noted, shall remain the property of the OWNER and shall be delivered to the OWNER at the following location: 4550 41st Street, at the CONTRACTOR's expense. All material and equipment not in salvageable condition, as determined by the ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CONTRACTOR's expense. D. In addition to these Specifications all work must comply with the requirements of the local governing agency, St. Johns River Water Management District, Department of Environmental Protection, U.S. Army Corps of Engineers, and all other applicable State or Federal agencies' specifications and permits. In the event of a conflict, the more stringent specification or requirement shall govern. Before performing any work outside the designated limits of the work site, secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained. Follow all requirements of any said permits or authorization. notice before commencing construction operations outside the designated limits of the work site. Adjacent property owners at time of bidding are listed below: 01009-1 01009 -Special Provisions F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01009 - Special Provisions.doc SECTION 01024 FORCE ACCOUNT 1.1 General CONTRACTOR shall furnish all labor, materials, equipment and incidentals necessary to perform additional work not covered on the Contract Drawings. The force Account is intended as a contingency for unforeseen work. 1.1 PAYMENT A. Lump sum amount for force account work is included in the bid schedule. The value of force account work will be determined in accordance with Article 12 of the General Conditions. + + END OF SECTION + + 01024- 1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01024 - Force Account.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1.1 GENERAL A. The CONTRACTOR will furnish all construction staking for the project. All staking from control will be under the supervision of a Florida Registered Land Surveyor. B. Develop and make all detail surveys and measurements needed for construction including but not limited to, slope stakes, batter boards, piling layouts and all other working lines, elevations and cut sheets. C. Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work. D. Provide all material required for benchmarks, control points, batter boards, grade stakes, and other items. E. Be solely responsible for all locations, dimensions and levels_. No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings. F. Safeguard all points, stakes, grademarks, monuments and benchmarks made or established on the Work, and reestablish same, if disturbed. Rectify all Work improperly installed because of not maintaining, not protecting or removing without authorization such established points, stakes, marks and monuments. G. When requested by the ENGINEER, provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR. Do no excavation or embankment work until all cross -sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER. H. The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. 1.2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A. Prior to commencing work, the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents. Immediately notify the ENGINEER upon discovery of any errors, inaccuracies or omissions in the survey data. The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or existing site information is correct and accurate, without any reasonably inferable errors, inaccuracies or omissions. 1050-1 01050 Field Engineering F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01050 - Field Engineering.doc B. The CONTRACTOR shall carefully preserve all control stakes, benchmarks, reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance. If the loss or disturbance of the stakes or marks cause a delay in the Work, the CONTRACTOR shall have no claim for damages or extension of time. Control stakes, benchmarks, reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land Sur- veyor and Mapper, at the CONTRACTOR's expense. In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work, the cost of the surveying services will be deducted from any sums due to the CONTRACTOR for the work performed under this Contract. C. All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D. All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. + + END OF SECTION + + 1050-2 01050 Field Engineering F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01050 - Field Engineering.doc SECTION 01091 REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization or body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the date of advertisement for bids, unless noted otherwise in the Technical Specifications or on the Drawings. When a reference standard is specified, comply with requirements and recommendations stated in that standard, except when they are modified by the Contract Documents, or when applicable laws, ordinances, rules, regulations or codes establish stricter standards. The list of specifications presented in Paragraph B is hereby made a part of the Contract, the same as if repeated herein in full. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute ACOE Department of the Army Corps of Engineers AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED.SPEC. Federal Specifications 01091-1 01091 Reference Standards F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01091 - Reference Standards.doc CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/DOT Florida Department of Transportation U. L., Inc. Underwriter's Laboratories, Inc. SSPC Steel Structures Painting Council SJRWMD St. Johns River Water Management District IRFWCD Indian River Farms Water Control District C. When no reference is made to a code, standard or specification, the standard specifications of ASTM, FDOT, or ANSI shall govern. D. In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards, or any other regulatory specification or standard, the more stringent requirement prevails. + + END OF SECTION + + 01091-2 01091 Reference Standards F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01091 - Reference Standards.doc SECTION 01215 GENERAL QUALITY CONTROL 1.1 DESCRIPTION OF REQUIREMENTS A. Definitions: Specific quality control requirements for the work are indicated throughout the Contract Documents. The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products. The term "Quality Control" includes, but is not necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance. 1.2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A. Residual OWNER Responsibility: The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests. B. CONTRACTORS General Responsibility: No failure of test agencies, whether engaged by the OWNER or CONTRACTOR, to perform adequate inspections of tests or to properly analyze or report results, shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents. It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR, OWNER, ENGINEER, and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work. The program is not intended to limit the CONTRACTOR in his regular quality control program, as needed for general assurance of compliance. 1.3 QUALITY ASSURANCE A. General Workmanship Standards: It is a requirement that each category of tradesman or installer performing the work be pre -qualified, to the extent of being familiar with the applicable and recognized quality standards for his category of work, and being capable of workmanship complying with those standards. 1.4 PRODUCT DELIVERY -STORAGE -HANDLING Handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and losses (and resulting delays), thereby ensuring highest quality results as the performance of the work progresses. Control delivery schedules so as to minimize unnecessary long-term 01215-1 01215 General Quality Control F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01215 General Quality.doc storage at the project site prior to installation. 1.5 PROJECT PHOTOGRAPHSNIDEOS A. The CONTRACTOR shall make provisions, at his expense, for photographs or video tapes of all work areas just prior to construction, and for unusual conditions during construction. The photographs or videos shall show pertinent physical features along the line of construction. The purpose of the photographs or videos is to determine any damage to private or public property during construction. B. Pre -Construction Video: 1. Contractor shall provide the Owner with a photograph or video record and one copy of the existing conditions prior to construction. This photograph or video record shall be a standard DVD format, and shall be narrated. 2. The photographs or video shall include, but not be limited to, the following items shown in a clear manner: 1) All existing features within the right-of-way. 2) All existing features within the temporary construction easement. 3) All existing features within permanent easements. 4) All existing features adjacent to any construction. 3. Detail of the photographs or video shall be such that the following examples shall be clear and visible: 1) Cracks in walls. 2) Condition of fencing. 3) Condition of planted areas and types of vegetation. 4) Condition of sodded areas. 5) Conditions of sprinkler systems and associated controls and wiring. 6) Condition of signs. 7) Conditions of lighting and associated wiring. 8) Significant detail of any pre-existing damages physical features shall be shown. The coverage of the photographs or video should include the limits of effects of the use of vibratory rollers. 9) This photograph or video record shall be presented to the Owner within 30 days of the Notice to Proceed. A copy shall be kept in the Contractor's field office. 10)Payment — No additional payment will be made for this work. + + END OF SECTION + + 01215-2 01215 General Quality Control F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01215 General Quality.doc SECTION 01220 PROGRESS MEETINGS 1.1 SCOPE A. Date and Time: 1. Regular Meetings: As mutually agreed upon by ENGINEER and CONTRACTOR. 2. Other Meetings: On call. B. Place: CONTRACTOR'S office at Project site or other mutually agreed upon location. C. ENGINEER shall prepare agenda, preside at meetings, and prepare and distribute a transcript of proceedings to all parties. D. CONTRACTOR shall provide data required and be prepared to discuss all items on agenda. 1.2 MINIMUM ATTENDANCE A. CONTRACTOR B. SUBCONTRACTOR: When needed for the discussion of a particular agenda item, CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting. C. Construction Coordination Manager. D. OWNER'S representative, if required. E. Utility Representatives F. Others as appropriate. G. Representatives present for each party shall be authorized to act on their behalf. 1.3 AGENDA Agenda will include, but will not necessarily be limited to, the following: 1. Transcript of previous meeting. 2. Progress since last meeting. 3. Planned progress for next period. 4. Problems, conflicts and observations. 5. Change Orders. 6. Status of Shop Drawings. 7. Quality standards and control. 8. Schedules, including off-site fabrication and delivery schedules. Corrective measures, if required. 9. Coordination between parties. 10. Safety concerns. 11. Other business. + + END OF SECTION + + 01220-1 01220 Progress Meetings F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01220 - Progress Meetings.doc SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL REQUIREMENTS A. No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand. B. Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports. This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules. 1.2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised (updated) progress schedules on a monthly basis the CONTRACTOR shall: A. Indicate the progress of each activity to the date of submission. B. Show changes occurring since the previous submission listing: 1. Major changes in scope. 2. Activities modified since the previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement, submit the initial schedules to the ENGINEER. The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt. If required by the ENGINEER, resubmit revised schedules on or before the seventh day after receipt of the review copy. If required by the ENGINEER, submit revised monthly progress schedules with that month's application for payment. 01310-1 01310 Construction Schedule F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01310 - Construction Schedule.doc 1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and all reviewed revisions (updated) to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 4. OWNER (two copies). 5. ENGINEER B. In the cover letter, instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedules. + + END OF SECTION + + 01310-2 01310 Construction Schedule F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01310 - Construction Schedule.doc 01340 - Submittal of Shop Drawings 1.1 SCOPE A. Submit shop drawings, product data and samples as required by or inferred by the Drawings and Specifications. Submittals shall conform to the requirements of Article 6.17 of the General Conditions, Section 00700, and as described in this Section. 1.2 SHOP DRAWINGS A. Shop drawings are original drawings, prepared by the CONTRACTOR, a subcontractor, supplier, or distributor, which illustrate some portion of the work; showing fabrication, layout, setting, or erection details. Shop drawings are further defined in Article 6.17, Section 00700. B. Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings. 1.3 PRODUCT DATA A. Product data are manufacturer's standard schematic drawings and manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data. Product data are further defined in Article 6.17, Section 00700. B. Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project. C. Clearly mark catalog sheets, brochures, etc., to identify pertinent materials, products, or models. 1.4 SAMPLES Samples are physical examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. Samples are further defined in Article 6.17, Section 00700. 01340 - Submittal of Shop Drawings 01340-1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01340 - Submittal of Shop Drawings.doc 01340 - Submittal of Shop Drawings 1.5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. The CONTRACTOR's responsibilities for submittal of shop drawings, product data, and samples are set forth in paragraph 6.17 of the General Conditions and as further explained herein. B. Prior to submission, thoroughly check shop drawings, product data, and samples for completeness and for compliance with the Contract Documents, verify all dimensions and field conditions, and coordinate the shop drawings with the requirements for other related work. Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the CONTRACTOR's responsibility. 1. It is CONTRACTOR'S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents. 2. Incomplete or inadequate submittals will be returned for revision without review. C. The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER's review of submittals. The CONTRACTOR shall approve the shop drawings based on his in -the -field measurements, prior to submittal to the ENGINEER for his review. D. Notify the ENGINEER, in writing at the time of submission, of deviations in submittals from the requirements of the Contract Documents. The CONTRACTOR's responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER's review of submittals, unless the ENGINEER gives written acceptance of specific deviations. E. Begin no work, which requires submittals until return of submittals with the ENGINEER's stamp and initials or signature indicating the submittal has been reviewed. 01340 - Submittal of Shop Drawings 01340-2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01340 - Submittal of Shop Drawings.doc 01340 - Submittal of Shop Drawings 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. Submit to: Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 B. A letter of transmittal shall accompany each submittal. If data for more than one Section of the Specifications is submitted, a separate transmittal letter shall accompany the data submitted for each Section. C. At the beginning of each letter of transmittal, provide a reference heading indicating the following: 1. OWNER'S Name 2. Project Name 3. Contract Number 4. Transmittal Number 5. Section Number D. All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER. The following is a sample Submittal Form that the CONTRACTOR may use: [The remainder of this page has been left blank intentionally] 01340 - Submittal of Shop Drawings 01340-3 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01340 - Submittal of Shop Drawings.doc 01340 - Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO. Contractor: Date Sent to County No. Copies Sent to County ❑ Original Submittal ❑ Re -Submittal ❑ Shop Drawing ❑ Cut Sheet n Other Description: Sub -Contractor: Remarks: *********************************************************** Reviewing Agency: (As checked below) Date Received ❑ I R C Engineering Div. ❑ 1 R C Utilities Services Remarks: Date Returned No. Copies Ret'd *********************************************************** IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 1801 27th Street No. Copies Ret'd Vero Beach, FI. 32960 Remarks: Distribution of Copies: IRC Engineering Division Office File Field Office File 01340 - Submittal of Shop Drawings 01340-4 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01340 - Submittal of Shop Drawings.doc 01340 - Submittal of Shop Drawings E. All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR. F. Assign a number to each submittal starting with No. 1 and thence numbered consecutively. Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal, the suffix "B" for the second resubmittal, etc. G. Initially submit to ENGINEER a minimum of six (6) copies of all submittals that are on 11 -inch by 17 -inch or smaller sheets (no less than 8 1/2 -inch x 11 -inch), and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 -inch by 17 -inch. H. After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations: 1. Approved 2. Approved as Corrected 3. Approved as Corrected - Resubmit 4. Revise and Resubmit 5. Not Approved I. If a submittal is acceptable, it will be marked "Approved" or "Approved as Corrected". Three (3) prints or copies of the submittal will be returned to CONTRACTOR. J. Upon return of a submittal marked "Approved" or "Approved as Corrected", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corrections indicated. K. If a Shop Drawing marked "Approved as Corrected" has extensive corrections or corrections affecting other drawings or Work, ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes. Such drawings will have the notation, "Approved as Corrected - Resubmit." L. If a submittal is unacceptable, three (3) copies will be returned to CONTRACTOR with one of the following notations: 1. "Revise and Resubmit" 2. "Not Approved" 01340 - Submittal of Shop Drawings 01340-5 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01340 - Submittal of Shop Drawings.doc 01340 - Submittal of Shop Drawings M. Upon return of a submittal marked "Revise and Resubmit", make the corrections indicated and repeat the initial approval procedure. The "Not Approved" notation is used to indicate material or equipment that is not acceptable. Upon return of a submittal so marked, repeat the initial approval procedure utilizing acceptable material or equipment. N. Any related Work performed or equipment installed without an "Approved" or "Approved as Corrected" Shop Drawing will be at the sole responsibility of the CONTRACTOR. O. Submit Sop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved. CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings. Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. P ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this, for the Shop Drawings being revised and resubmitted, and for time required to return the approved Shop Drawings to CONTRACTOR. Q. Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals. All costs to ENGINEER involved with subsequent submittals of Shop Drawings, Samples or other items requiring approval, will be back -charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions. If the CONTRACTOR requests a substitution for a previously approved item, all of ENGINEER'S costs in the reviewing and approval of the substitution will be back -charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + 01340 - Submittal of Shop Drawings 01340-6 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01340 - Submittal of Shop Drawings.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.1 SCOPE A. Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications. 1.2 RESPONSIBILITY A. All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site. B. All false work, scaffolding, ladders, hoistways, braces, pumps, roadways, sheeting, forms, barricades, drains, flumes, and the like, any of which may be needed in construction of any part of the work and which are not herein described or specified in detail, must be furnished, maintained and removed by the CONTRACTOR, who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction, maintenance or operation. C. In accepting the Contract, the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists, cranes, temporary structures or work and for any damage which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision. 1.3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1. Provide a temporary water service as required for all construction purposes and pay for all water used. 2. Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job. 3. Provide all temporary piping, hoses, etc., required to transport water to the point of usage by all trades. 4. When temporary water service is no longer required, remove all temporary water lines. 01520-1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01520 - Construction Facilities.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet these requirements. Upon completion of work, remove the facilities from the premises. 1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contract, but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public, workmen, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract. In dry weather, spray dusty areas daily with water in order to control dust. Take necessary steps to prevent the tracking of mud onto adjacent streets and highways. 1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities, services, and controls and legally dispose of them as soon as the work is complete. The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER. + + END OF SECTION + + 01520-2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01520 - Construction Facilities.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by construction operations, so that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately -owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway, right-of-way, or public place, provide barricades, fences, lights, warning signs, danger signals, and watchmen, and take other precautionary measures for the protection of persons or property and of the Work. Paint barricades so they are visible at night. From sunset to sunrise, furnish and maintain at least one Tight at each barricade. Erect sufficient barricades to keep vehicles from being driven on or into Work under construction. Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR's responsibility for the maintenance of barricades, signs, lights, and for providing watchmen shall continue until OWNER accepts the Project. 01541-1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.3 TREE AND PLANT PROTECTION A. Protect existing trees, shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting, breaking or skinning of trunk, branches, bark or roots. B. Do not store or park materials or equipment within the drip line. C. Install temporary fences or barricades to protect trees and plants in areas subject to traffic. D. Fires shall not be permitted under or adjacent to trees and plants. E. Within the limits of the Work, water trees and plants that are to remain, in order to maintain their health during construction operations. F. Cover all exposed roots with burlap and keep it continuously wet. Cover all exposed roots with earth as soon as possible. Protect root systems from mechanical damage and damage by erosion, flooding, run-off or noxious materials in solution. G. If branches or trunks are damaged, prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use. H. Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality. I. Coordinate Work in this Section with requirements of other sections herein. 1.4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements, which could be damaged by construction activities. The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2) days. Irrigation systems partially within the right-of-way of Old Dixie Hwy. and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality. The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way. 1.5 PROTECTION OF EXISTING STRUCTURES 01541-2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY A. Underground Structures: 1. Underground structures are defined to include, but not be limited to, all sewer, water, gas, and other piping, and manholes, chambers, electrical conduits, tunnels and other existing subsurface work located within or adja- cent to the limits of the Work. 2. All underground structures known to ENGINEER except service connections for water, sewer, electric, and telephone are shown. This information is shown for the assistance of CONTRACTOR in accordance with the best information available, but is not guaranteed to be correct or complete. The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3. Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24-hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 6. Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location, to prevent 01541-3 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY damage to them and to prevent interruption of the services which such structures provide. If CONTRACTOR damages an underground structure, restore it to original condition at CONTRACTOR's expense. 7. Necessary changes in the location of the Work may be made by ENGINEER, to avoid unanticipated underground structures. 8. If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents, ENGINEER will direct CONTRACTOR in writing to perform the Work, which shall be paid for under the provisions of Article 11 of the General Conditions. B. Surface Structures: 1. Surface structures are defined as structures or facilities above the ground surface. Included with such structures are their foundations and any extension below the surface. Surface structures include, but are not limited to, buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and all other facil- ities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same. 2. Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure. CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure. D. All other existing surface facilities, including but not limited to, guard rails, posts, guard cables, signs, poles, markers, and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR'S expense. 01541-4 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A. The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may e encountered, whether or not shown on the Drawings. B. Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this CONTRACTOR's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. 1.7 ADJUSTMENTS OF UTILITY CASTINGS, COVERS AND BOXES A. All existing utility castings, including valve boxes, junction boxes, manholes, pull boxes, inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work. B. The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing. CONTRACTOR shall make available survey reference markers to the various utility companies. + + END OF SECTION + + 01541-5 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01541 - Protection of Property.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS 1.1 GENERAL A. Oslo Road shall be closed to the public during construction The road shall be properly barricaded immediately beyond the paved section of Oslo Road. Access will be limited to the contractor's material, equipment and personnel, county staff, testing firm and regulatory agency staff. B. Provide all temporary construction roads, walks and parking areas required during construction and for use of emergency vehicles. Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions. C. Prevent interference with traffic and the OWNER's operations on existing roads. Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR's operations over these roads. D. Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER. E. Remove temporary roads, walks and parking areas prior to final acceptance and return the ground to its original condition, unless otherwise required by the Contract Documents. 1.2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. 1.3 USE OF PUBLIC STREETS FOR HAUL ROADS A. Prior to construction, the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project. Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations, prior to final payment. 01550 Access Roads 01550-1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01550 - Access Roads.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS B. All trucks carrying earth shall be covered while moving with an appropriate tarpaulin. Should trucks hauling earth fail to cover their loads, the CONTRACTOR will be given two (2) written warnings, after which the CONTRACTOR shall pay a fine of $50 per uncovered truck to the Owner when invoked by the Owner to Owner's Engineer. All cleanup shall be the responsibility of the CONTRACTOR. C. All trucks/moving equipment shall have backup warning horns in proper working order while on the job site. + + END OF SECTION + + 01550 Access Roads 01550-2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01550 - Access Roads.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1.1 GENERAL A. Make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the Work. B. Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours. Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not be delivered to OWNER except where otherwise directed. C. If necessary to move stored materials and equipment during construction, CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation. 1.2 DELIVERY A. Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation. B. Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following: 1. Work of other contractors, or OWNER. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. OWNER'S use of premises. C. Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER. D. Do not have products delivered to site until required storage facilities have been provided. E. Have products delivered to site in manufacturer's original, unopened, labeled containers. Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work. 01610-1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT F. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts, and to facilitate assembly. G. Immediately on delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quantities are correct. 3. Containers and packages are intact, labels are legible. 4. Products are properly protected and undamaged. 1.3 PRODUCT HANDLING A. Provide equipment and personnel necessary to handle products, including those provided by OWNER, by methods to prevent soiling or damage to products or packaging. B. Provide additional protection during handling as necessary to prevent scraping, marring or otherwise damaging products or surrounding surfaces. C. Handle products by methods to prevent bending or overstressing. D. Lift heavy components only at designated lifting points. E. Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them. Do not drop, roll or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. + + END OF SECTION + + 01610-2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01610 -Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1.1 GENERAL A. Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications. B. Make all arrangements and provisions necessary for the storage of materials and equipment. Place all excavated materials, construction equipment, and materials and equipment to be incorporated into the Work, so as not to injure any part of the Work or existing facilities, and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. C. Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER. D. Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work, including proper protection against damage by extreme temperatures and moisture. E. Do not use lawns, grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. G. Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified. H. When appropriate store materials on wood blocking so there is no contact with the ground. + + END OF SECTION + + 01611-1 01611—Storage of Material F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01611 - Storage of Materials.doc SECTION 01630 SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and Or -Equals," of the General Conditions, and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents. 1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select product meeting that standard by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. B. For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equivalent," submit a request for a substitution for any product or manufacturer which is not specifically named. D. For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted, there is no option and no substitution will be allowed. E. Where more than one choice is available as a CONTRACTOR's option, select product which is compatible with other products already selected or specified. 1.3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time, ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers, and construction methods (if specified). 1. After end of specified period, requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR. B. Submit 5 copies of Request for Substitution. Submit a separate request for each substitution. In addition to requirements set forth in Article 6.7 of General Condi- tions, include in the request the following: 1. For products or manufacturers: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. 01630-1 01630 Substitutions F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01630 - Substitutions.doc c. Samples, if appropriate. d. Name and address of similar projects on which product was used, and date of installation. 2. For construction methods (if specified): a. Detailed description of proposed method. b. Drawings illustrating method. 3. Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product, manufacturer or method specified. C. In making Request for Substitution, CONTRACTOR represents that: 1. CONTRACTOR has investigated proposed substitution, and deter- mined that it is equal to or superior in all respects to the product, manufacturer or method specified. 2. CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product, manufacturer, or method specified. 3. CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent. D. A proposed substitution will not be accepted if: 1. Acceptance will require changes in the design concept or a substantial revision of the Contract Documents. 2. It will delay completion of the Work, or the work of other contractors. 3. It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR. E. If the ENGINEER determines that a proposed substitute is not equal to that specified, furnish the product, manufacturer, or method specified at no additional cost to OWNER. F. Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents. G. The procedure for review by Engineer will include the following: 1. Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR. 2. Upon receipt of an application for review of a substitution, Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item. 3. If the substitution will not require a more extensive review, Engineer will proceed with the review without additional cost to CONTRACTOR. 01630-2 01630 Substitutions F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01630 - Substitutions.doc 4. If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5. Engineer may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR's expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's hourly rate for review is $128 per hour. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. I. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install, or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. Owner may require CONTRACTOR to furnish at CONTRACTOR's expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is sued, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. J. Substitute materials or equipment may be proposed for acceptance in accordance with this Section. In the event that substitute materials or equipment are used and are Tess costly than the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. + + END OF SECTION + + 01630-3 01630 Substitutions F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01630 - Substitutions.doc SECTION 01710 SITE CLEANUP AND RESTORATION 1.1 SCOPE Furnish all labor, equipment, appliances, and materials required or necessary to clean up and restore the site after the construction is completed. 1.2 REQUIREMENTS A. During the progress of the project, keep the work and the adjacent areas affected thereby in a neat and orderly condition. Remove all rubbish, surplus materials, and unused construction equipment. Repair all damage so that the public and property owners will be inconvenienced as little as possible. B. Provide onsite containers for the collection of waste materials, debris, and rubbish and empty such containers in a legal manner when they become full. C. Where material or debris has been deposited in watercourses, ditches, gutters, drains, or catch -basins as a result of the CONTRACTOR's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the ditches, channels, drains, etc., shall be kept clean and open at all times. D. Before the completion of the project, unless otherwise especially directed or permitted in writing: 1. Tear down and remove all temporary buildings and structures; 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbish from any grounds occupied; and 4. Leave the roads, all parts of the premises, and adjacent property affected by construction operations, in a neat and satisfactory condition. E. Restore or replace any public or private property damaged by construction work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of the operations. To this end, the CONTRACTOR shall restore all highway, roadside, and landscaping work within any right-of-way, platted or prescriptive. Acceptable materials, equipment,and methods shall be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new - appearing condition. 01710 Site Cleanup 01710-1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01710 - Site Cleanup.doc G. It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed, destroyed, or damaged during construction. Particular attention will be placed on restoration of canals to equal or better condition than prior to construction. H. When finished surfaces require cleaning with cleaning materials, use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. Keep the amount of dust produced during construction activities to a minimum. At CONTRACTOR's expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, ENGINEER, INDIAN RIVER FARMS WATER CONTROL DISTRICT, and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. + + END OF SECTION + + 01710 Site Cleanup 01710-2 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\01710 - Site Cleanup.doc SECTION 01720-1 RECORD/AS-BUILT DOCUMENTS GENERAL A. Maintain and provide the ENGINEER with record documents as specified below, except where otherwise specified or modified in Divisions the Supplementary Conditions. B. Maintenance of Documents: 1. Maintain in CONTRACTOR's field office in clean, dry, legible condition complete sets of the following: Drawings, Specifications, Addenda, approved Shop Drawings, samples, photographs, Change Orders, other modifications of Contract Documents, test records, survey data, Field Orders, and all other documents pertinent to CONTRACTOR'S Work. 2. Provide files and racks for proper storage and easy access. 3. Make documents available at all times for inspection by ENGINEER and OWNER. 4. Do not use record documents for any other purpose and do not remove them from the field office. C. Recording: 1. Label each document "PROJECT RECORD" in 2 -inch high printed letters. 2. Keep record documents current. 3. Do not permanently conceal any Work until required information has been recorded. RECORD -ASBUILT DRAWINGS A. During the entire construction operation, the CONTRACTOR shall maintain records of all deviations from the Drawings and Specifications and shall prepare therefrom "record" drawings showing correctly and accurately all changes and deviations from the work, made during construction to reflect the work as it was actually constructed. 01720-1 01720 Record Documents B. C. Record/As-Built survey shall be performed and subsequent plans prepared by a registered Professional Surveyor and Mapper in the state of Florida and certified per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida accordingly. The following items are required to be shown on County project Record/As-Built drawings submitted to ENGINEER: As per Chapter 472, Florida Statutes and Chapter 61G17-6.007 Florida Administrative Code As -Built — Record — Specific Purpose Surveys: A Professional Surveyor and Mapper licensed in the state of Florida shall provide an adequate Record/As-Built survey as it relates to the regulations and standards established for said surveys. AND Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. Clearly shows by symbols, notations, or delineations, those constructed improvements located by the survey. 1. Right-of-way Swale/Drainage—All culvert inverts elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 2. Pipe Culvert/PVC Sleeves — All inverts, stations and offsets. 3. Outfalls — All pipe inverts elevations and station offsets, weir box elevations, weir elevation, and sizes. 4. Roadway/Off Site Drainage — All inverts elevations and station offsets; manhole top elevation; grate top elevations. 5. Retention Ponds — Perimeter elevations, grade breaks, depths, and calculate pond area at control elevation and grade breaks above water surface. 01720-2 01720 Record Documents D. 6. Roadway: a. Stations and offset related to controlling baseline and elevations of all structures, side street and major driveway radius returns (edge of pavement), bends and/or change in direction of roadway alignment, OR minimum at 1000' intervals along roadway alignment. b. Elevations along Profile Grade Line (PGL), of all edge of pavements either side of Profile Grade Line (PGL), at medians at the high/low and PVI points along Profile Grade Line (PGL). c. All final Elevations to be plotted on PGL AND Plan - Profile sheets as applicable. d. Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets. 1. Survey Control: Install/re-establish new roadway alignment control points (Survey Baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State Plane Coordinates and elevations for all control points. 2. Either if shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s) destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s) shall be notified in writing of disturbance and re -establishments. RECORD/AS-BUILTS DRAWINGS FORMAT - SUBMITTALL A. ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As -Built information. B. CONTRACTOR shall deliver seven (7) certified sets of Record/As-Builts with an Electronic Drawing files prepared in AutoCAD 2007 AND PDF format or in current version as agreed by the ENGINEER. C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record drawing(s). Said drawing(s) shall clearly state, type of survey, positional tolerances, adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida, any standards set forth by Florida Statutes, Administrative code and Minimum Technical Standards for As- Built/Record surveys. D. All Record/As-Built drawings are subject to review and approval by County Surveyor. 01720-3 01720 Record Documents E. Payment for Record Drawings, Review of Electronic As-Builts and signing and sealing As-Builts shall be made under: Pay Item No. — Record Drawings — Lump Sum ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. COMPLETION OF WORK Upon Substantial Completion of the Work, deliver Record/As-Built Drawings to ENGINEER. Final payment will not be made until satisfactory record documents are received and approved by ENGINEER. + + END OF SECTION + + 01720-4 01720 Record Documents DIVISION 2 TECHNICAL PROVISIONS SECTION NO. 00001 SECTION NO. 00004 SECTION NO. 00102 SECTION NO. 00104 SECTION NO. 00110 SECTION NO. 00120 SECTION NO. 00400 SECTION NO. 00575 SECTION NO. 00700 SECTION NO. 02671 Technical Specifications Scope of Work Mobilization Maintenance of Traffic N.P.D.E.S. Permitting Excavation Concrete Sodding Signing and Pavement Markings Dock Construction F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08.doc SECTION 00001- Technical Specifications STANDARD SPECIFICATIONS A. All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2007, and Supplemental Specification, Special Provisions and addenda thereto, except as modified and supplemented hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications, and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative. Wherever the Specifications, Supplementals, etc. may refer to the "Owner", "Department", "State of Florida Department of Transportation", or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida. Wherever the word "Owner's Engineer", "District Engineer", "Engineer", "Project Engineer", etc., appears, it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department, Engineering Division acting directly or through duly authorized representatives. Wherever the word "Resident Engineer" appears, it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work. SECTION 00004- SCOPE OF WORK Section 4-3.9 Value Engineering Incentive is deleted in its entirety. SECTION 00101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. (2007 Edition) Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 1 - Mobilization - Lump Sum SECTION 00102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2007 Edition), except as modified herein. Note: Oslo Road shall be closed to the public during construction. The road shall be properly barricaded immediately beyond the paved section of Oslo Road, east of U.S.#1 F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc A. GENERAL PROVISIONS -DESCRIPTION: The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. It shall include the construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences, businesses, etc., along the project; the furnishing, installing and maintaining of traffic control and safety devices during construction, the control of dust through the use of calcium chloride if necessary, and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans. The term, Maintenance of Traffic, as used herein, shall include all of such facilities, devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section. B. BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall present his Maintenance of Traffic Plan at the pre -construction conference. The Maintenance of Traffic Plan shall indicate the type and location of all signs, lights, barricades, striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen. The plan will indicate conditions and setups for each phase of the Contractor's activities. When the project plans include or specify a specific Maintenance of Traffic Plan, alternate proposals will be considered when they are found to be equal to or better than the plan specified. In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic. The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at nighttime, of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design, Construction, Maintenance and Utility Operations On The State Highway System, Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc necessary to protect the public and workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers or other safety devices will be required where unusual, complex or particularly hazardous conditions exist. The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (MUTCD). D. TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS - INSTALLATION: The responsibility for installation and maintenance of adequate traffic control devices, warning devices and barriers, for the protection of the travel in public and workmen, as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove, turn or cover any devices or barriers which do not apply to existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. E. NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F. Non -Compliance: Should the Owner or Engineer determine that traffic within the project is not being maintained in accordance with the approved traffic control plan or presents a public safety concern, the contractor shall have until the end of the working day, in which notification is given, to take action to modify the maintenance of traffic. Should the contractor fail to make such modification the Owner shall have the option to fine the Contractor $400 per day until remedied. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 2 - Maintenance of Traffic - Lump Sum SECTION 00104 - EROSION AND WATER POLLUTION CONTROL PART 1 — GENERAL 1.1 SCOPE F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc A. This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area. The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area, to undeveloped portions of the site or off-site. B. The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense. The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area. C. The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project's construction. The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures, when in the sole opinion of the OWNER, they are warranted. If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution, beyond those specified in the Drawings or herein, implement additional best management practices as necessary, in accordance with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual, included herein in Appendix "B". D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section. Alternatively, the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section. If the OWNER halts the CONTRACTOR's work as a result of its failure to comply with this Section, the Construction Contract time clock will continue to run. E. In addition to these Specifications, comply with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual, included herein in Appendix "B." If there is a conflict between the referenced Chapter 4 and these Specifications, the more stringent requirement shall prevail. 1.2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A. The OWNER has obtained certain permits for this project and they are listed in paragraph SC -6.08 of the Supplementary Conditions. Per paragraph SC - 6.08.B of the Supplementary Conditions, the CONTRACTOR shall apply for, obtain, and pay for all other required permits and licenses. This may include but not be limited to: F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc 1. Long-term or short-term dewatering permit as required by the St. Johns River Water Management District (SJRWMD). Contact SJRWMD at (321) 984-4940 to determine which permit is required and the associated statutory requirements; and 2. The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities. Contact the Florida Department of Environmental Protection (FDEP) at (866) 336-6312 (toll free) or (850) 245-7522 or www.dep.state.fl.us/water/stormwater/npdes/ 3. Florida Department of Environmental Protection (FDEP) "Notice of Intent to Use Generic Permit for Stormwater Discharge From Construction Activities That Disturb one or More Acres of Land and Contributes stormwater discharges to surface waters of the State or into a municipal separate storm sewer system (MS4) permit application form. Contact FDEP at (407) 894- 7555 or (850) 921-9904; and 4. U.S. Environmental Protection Agency (EPA) "Notice of Intent (NOI) for Storm Water Discharges Associated With Construction Activity Under a NPDES General Permit." B. Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER. If there is a conflict between any permit requirement and these Specifications, the more stringent specification or requirement shall govern. 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and approved for use by the OWNER and applicable permitting authorities. B. From time to time, the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER. If at any time, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of the project down that is not in compliance, and it shall remain shut -down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and treatment system plans and specifications. C. Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc construction activity in that portion of the site has temporarily or permanently ceased. D. Inspect each pollution control system at least once per day. Clean and maintain each pollution control system as required by its manufacturer or the OWNER, until the system is no longer needed. If a water quality violation occurs, immediately cease all work contributing to the water quality violation and correct the problem. E. Discharge shall not violate State or local water quality standards in the receiving waters, nor cause injury to the public health or to public or private property, nor to the Work completed or in progress. The receiving point for water from construction operations shall be approved by the applicable regulatory agency and the ENGINEER. F. Promptly repair all damage at n.o cost to the OWNER. 1.4 SUBMITTALS A. Shop Drawings: Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 01340 Supplementary Conditions to the General Conditions. B. Stormwater Pollution Prevention Plan. 1.5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR DESIGN, INSTALLATION, AND MAINTENANCE A. Site-specific design of the erosion and stormwater pollution control system, and installation and maintenance of all erosion and stormwater pollution control devices, shall be by a State certified erosion control specialty subcontractor who specializes in the design, installation, and maintenance of such devices. After installation, this subcontractor shall maintain the erosion and stormwater pollution control devices until the devices are no longer necessary. (Note: The CONTRACTOR may install and maintain the erosion and stormwater pollution control system under the direction of the State certified erosion control specialty subcontractor.) Before beginning construction, submit to the ENGINEER for review, a Stormwater Pollution Prevention Plan, prepared by the State certified erosion control subcontractor. Construction shall not begin until the Stormwater Pollution Prevention Plan has been submitted to the ENGINEER. The CONTRACTOR shall complete the certification provided at the end of this Section and it shall be a part of the Stormwater Pollution Prevention Plan. F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc 1.6 "POLLUTION" AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. Except as may be defined otherwise in paragraphs 1.6.B, 1.6.C, and 1.6.D, "pollution" is the presence in off-site waters of any substances, contaminants, or manmade or human -induced impairment of waters or alteration of the chemical, physical, biological, or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property. Pollutants to be removed include but are not limited to, sediment and suspended solids, solid and sanitary wastes, phosphorus, nitrogen, pesticides, oil and grease, concrete truck washout, construction chemicals, and construction debris. B. When the Discharge is Directly Into an Existing Water Body, Pollution Occurs When ... An existing water body (including ditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time, the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is 29 nephelometric turbidity units (NTUs) higher than the turbidity of the background water upstream of the discharge point(s). [See Fla. Administrative Code 62-302.530] The ENGINEER or OWNER shall determine the locations where the turbidity is measured. C. When the Discharge is not Directly Into an Existing Water Body, Pollution Occurs When ... In some instances, dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such as after traveling through pipes or by overland flow. Before construction commences, the OWNER or ENGINEER will measure background levels of total suspended solids (TSS) and turbidity, in the immediate vicinity of the discharge water's ultimate discharge point into the receiving water body. If the discharge water's TSS and turbidity measurements exceed these pre -construction background values by 29 NTUs for turbidity, then the discharge from the CONTRACTOR's operations is defined to be polluted. D. Pollution Always Occurs When ... The discharge is defined to be polluted whenever any of the following is present in the discharge water: (1) Hazardous waste or hazardous materials in any quantity, (2) Any petroleum product or by-product in any quantity, (3) Any chemical in any quantity, or (4) Concentrated pollutants. E. Above paragraphs 1.6.B, 1.6.C, and 1.6.D do not in any way, limit the types of conditions in which pollution may be determined to occur. F:\Engineering\Capital Projects10381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc 1.7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A. In addition to the OWNER's other remedies listed herein, if the CONTRACTOR fails to comply with this Section and erosion or pollution is caused by dewatering water or stormwater runoff from the construction site, the OWNER will report the violations to the Indian River County Code Enforcement Board, SJRWMD, Indian River Farms Water Control District (or other F. S. Chapter 298 Drainage District, as appropriate), and other pertinent regulatory or enforcement agencies. PART 2 - MATERIALS AND INSTALLATION 2.1 GENERAL A. Staked Silt Fences: 1. General: Use silt fences to control runoff from the construction site where the soil has been disturbed. 2. Installation: Install per the manufacture's recommendations and as specified herein. In general, install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric. All supporting posts shall be on the down-slope side of the fencing. Place the bottom of the fabric 6 -inches minimum, under compacted soil to prevent the flow of sediment underneath the fence. Otherwise, install in accordance with FDOT Index No. 102. 3. Removal: Contractor is responsible for removal of silt screens. 4. Product: All material shall be new and unused. Use FDOT Type IV silt fences where large sediment loads are anticipated, where slopes are 1:2 (vertical: horizontal) or steeper, or as directed by the ENGINEER; otherwise use FDOT Type III silt fence. (a) For FDOT Type III Silt Fence - ACF Environmental, Catalog No. 360800000, Florida DOT Silt Fence. U.S. Sieve = 30, tensile strength = 120 pounds. The heavy-duty filter fabric shall be pre -attached to 48 -inch long stakes on 6 -foot centers. (1-800-448-3636). (b) For FDOT Type IV Silt Fence, modify the above Catalog No. 360800000 to comply with FDOT Index No. 102. (c) Or equivalent. B. Turbidity Barriers: 1. General: Use turbidity barriers to control sediment contamination of rivers, lakes, ponds, canals, etc. F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc 2. Installation: Install per the manufacturer's recommendations and per FDOT Index No. 103 unless directed otherwise by the ENGINEER. 3. Removal: Contractor is responsible for disposal of turbidity barriers. 4. Product: All material shall be new and unused. The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow. a. Parker Systems, Inc. (1-866-472-7537), model Type II. b. Or equivalent. C. Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags: 1. Remove silt, sediment, and other particles from dewatering or pumping applications using a filter bag. The bag shall be manufactured using a polypropylene non -woven geotextile and sewn by a double -needle machine, using a high strength nylon thread. The bag shall have a fill spout large enough to accommodate a 4 -inch pump discharge hose. Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many filter bags as required, at no additional cost to the OWNER. Dispose of the bags offsite, at no cost to the OWNER. If the bags are placed on aggregate to facilitate filtration efficiency, do not use limerock aggregate. 3. Product: The filter bag shall be supplied with lifting straps. a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental, Inc. (1-800-448-3636). b. "DANDY DEWATERING BAG" supplied by Dandy Products, Inc. (1-800-591-2284). c. Or equivalent. D. Catch Basin Protection: 1. Filter stormwater before it enters catch basins (drop inlets). The "sack" shall be manufactured from woven polypropylene geotextile and sewn by a double -needle machine, using a high strength nylon thread. The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features: two dump straps attached at the bottom to facilitate emptying; lifting loops as an integral part of the system to be used to lift the sack from the basin; and a yellow restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls. The yellow restraint chord shall also serve as a visual means of indicating when the sack should be emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc 3. Removal: The Contractor will be responsible for removal of all filtration devices. 4. Product: All materials shall be new and unused. a. "SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1- 800-448-3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579-8819). c. Or equivalent. E. Construction Site Egress Driveways: Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels. Construct a crushed rock driving surface at the vehicle exit point(s). Provide an area Targe enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area. Provide wash -down stations as required to wash vehicle tires and retain all washwater on-site. F. Rock and Stone for Erosion Control and Pollution Control and Treatment: 1. Crushed Limerock: Crushed limerock shall not be used under any circumstance. 2. Acceptable Material: FDOT #4 non -calcareous aggregate (usually granite), washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction, Section 901. G. Hay Bales: Hay bales shall not be used. PART 3 - EXECUTION A. Design, construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. ER -1 — Primary and Secondary Settling Ponds - Per Lump Sum Bid Item No. ER -2 - 4" PVC (Temp) — Per Linear Foot Bid Item No. ER -3 - FDOT Type II Silt Fence — Per Linear Foot Bid Item No. ER -4 - FDOT Type II Floating Turbidity Barrier — Per Linear Foot Bid Item No. ER -5 - Dewatering System — Per Lump Sum Bid Item No. ER -6 - Temporary Manatee Warning Sign — Per Each (The rest of this page intentionally left blank) F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc CONTRACTOR'S CERTIFICATION REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE (TO BE MADE A PART OF THE STORMWATER POLLUTION PREVENTION PLAN) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he or she is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of 20 , enter into a contract for the performance of certain work, more particularly described as follows: OSLO ROAD BOAT RAMP REPAIRS UNDER PENALTY OF PERJURY, affiant further says that he or she understands and shall comply with, the terms and conditions of the following: 1. The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities, 2. The Stormwater Pollution Prevention Plan, 3. Section 02225 of the Specifications - Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site, 4. The St. Johns River Water Management District permit, and 5. All Codes and Ordinances of Indian River County. (Corporate Seal) (Contractor) By: Subscribed and sworn to before me this day of , 20 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc + + END OF SECTION ++ SECTION NO. 00110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. (2007) with the following modifications: A. Prior to any clearing and grubbing, the contractor will stake the right-of-way. Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetation, rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected. Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to,a depth of 18 inches below subgrade. No stumps, roots, or perishable matter of any description shall remain under concrete slabs or footing, including pavement and sidewalks. B. No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved, after a review of the project site with the Contractor's representative. C. Where the final pavement or structural work will be close to existing trees, the Contractor shall exercise care in the vicinity of the trees. Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization, structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots. If directed by the Engineer or where shown on the drawings, work shall be done by hand in order to protect the trees. D. The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures. The Contractor shall not pull hair or major root structures. All severed roots shall be sawn clean and paint with pruning paint. Stumps, roots, etc., shall be completely removed and disposed of by the Contractor. Undesirable, dead, and/or damaged trees (as so designated by the Engineer) shall be removed. E. All trees to be removed shall be disposed off site; burning will be strictly prohibited. F. All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required, this work shall be done in cooperation with the Owner and F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc at no additional expense to the Owner. G. All items to be removed shall be excavated to their full depth. All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County free of charge. (See Paragraph C, Special Provisions) The Contractor shall transport the culverts to the County's storage yard. All metal castings for catch basins, manholes, or other structures shall be carefully removed and stored in the County's Storage Yard if they are deemed salvageable by the Engineer. The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner. Where required, suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground. The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications. H. No additional payment will be made, nor will additional work, or change orders be authorized for work needed to remove, relocate, protect, or otherwise account for in the construction of the work depicted in the plans, for any feature, or item that would be apparent from a careful inspection of the site and review of the plans, even though such feature or item is not specifically called out in the plans. It is therefore essential the contractor make such inspection and review. I. The unit price bid for this item shall include the cost of all labor, tools, and equipment necessary to excavate, remove, and dispose of those items as directed by the Engineer and where designated on the Drawings. The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item. J. This item shall include the removal of existing structures ( Demolition and Disposal) and shall include all work for removal and disposal of designated structures including but not limited to boat ramps, bulkheads, headwalls, docks, and seawalls etc. This work shall be conducted in accordance with Section 110 of the FDOT "Standard Specifications for Road and Bridge Construction 2007. Item of Payment Payment for the work specified in this item shall be made under: Bid Item 4 - Clearing and Grubbing - Lump Sum The provisions of Special Provisions, Paragraph 9 shall be applicable and the costs thereof included under this item. + + END OF SECTION ++ F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc SECTION - 00120 EXCAVATION A. Earthwork, including earthwork for drives outside the right-of-way limits, shall be paid for as embankment. Cost shall include all work specified in this section and Section 120 of the Standard Specifications. Such price and payment shall specifically include all cost of any roadway, lateral ditch or canal, and final dressing operations. B. Earthwork quantities shall be considered as in-place material with no shrinkage or expansion factors. C. Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill, isolated swale bottom locations, isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation. Approximately 2.0 ft of subsoil excavation is required in sublateral canals. Cost of replacement embankment shall be included in cost of subsoil excavation. Contractor to coordinate with county representative prior to any subsoil excavation. D. Embankment - General Requirements for Embankment Materials: The following is added after the first paragraph of Subarticle 120-7.2: Roadway Design Standard Index No. 505, Embankment Utilization Details is modified by the addition of the following: Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner. Backfill material containing more than 2.0% by weight of organic material, as determined by FM 1-T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material, shall not be used in construction of the reinforced volume. If an individual test value of the three samples exceeds 3.0%, the stratum or stockpile will not be suitable for construction of the reinforced volume. No A-8 material permitted in embankment. E. Payment shall be made under: Item No. 5 — Excavation — Per Lump Sum F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc SECTION - 00400 — CLASS I CONCRETE PRESTRESSED CONCRETE SLAB & CONCRETE SHEET PILE Note: Prestressed concrete boat ramp shall be in accordance with the Florida Fish & Wildlife Conservation Commission, Bid Item No. FWC 00/01-03 Manufactured by Durastress. 1.1 Quantity: Purchase orders will be done for two (2) slabs per order. 1.2 Size: Eight (8") inch thick x eight (8') feet wide x 36 feet long. 1.3 Type: Flat Prestressed Slab 1.3.1 Concrete a. 5000 psi (minimum) b. Delay detensioning of prestressed units until concrete has attained at least 70 (%) percent of design stress. c. Concrete will conform to ACI Building Codes and Standard Building Codes (latest editions). d. Calcium Chloride shall not be used in any form. e. Top Finish: 3/4" deep v -grooved finish at 60 degree angle from end. 1.3.2 Reinforcing Bars a. Grade 40 steel rebar or better b. Bars to be spaced as shown on the plans. c. Bar splices shall lap 30 bar diameters. d. Bar to be located so that a minimum of two (2") inches of concrete covers bar. e. Bars to extend three (3') feet out from one end of slab, 8" out from one end of the sheet piles at 8" o.c. Form Top of conc. sheet piles 1.3.3 Lifting Devices a. Four (4) eight (8) ton ring clutch Burke hooks, all parts galvanized. 1.3.4 Workmanship a. Slab edges shall be smooth and free and flash. Sanding is F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and SpecificationslTechnical Specifications - Revised 10-02-08.doc permissible. b. All pre -tensioning cable shall be cut within 1/8" of the slab surface as possible. Cut ends shall be epoxied. POURED IN PLACE CONCRETE SLAB 2.1 Quantity: Purchase orders will be done for minimum of one (1) slab poured in place. 2.2 Size: Eight (8") inch thick x 16 feet wide x 22 feet long for lower end, 20' for upper end. 2.3 Type: Flat Slab 2.3.1 Concrete a. 4000 psi (minimum) b. Concrete will conform to AC! Building Code and Standard Building Codes (latest editions). c. Calcium Chloride shall not be used in any form. d. Top Finish: 3/4 inch deep v -grooved finish at 60 degree angle from end. e. Concrete slab shall be formed and poured in place. 2.3.2 Reinforcing Concrete a. Grade 40 steel rebar or better b. Bars to be spaced at 12 inch intervals c. Bar splices shall lap 30 bar diameters d. Bar to be located so that a minimum of three (3") inches of concrete covers bar. 2.3.3 Workmanship a. Slab edges shall be smooth and free of flash. Sanding is permissible. Payment shall be made under: Item No. 6 — Concrete Boat Ramp Lower Section — Per Square Foot Item No. 6A — Concrete Boat Ramp Upper Section — Per Square Foot Item No. 7 — Metal Sheet Pile For Dewatering — Per Lump Sum Item No. 8 — 5' Pre -Stressed Concrete Sheet Pile — Per Linear foot F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc Item No. 9 — Concrete Pile Cap — Per Cubic Yard SECTION - 00575 SODDING A. Description: Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer. This work shall also include mowing in accordance with Section 104-7.2, to be mowed at 6" height with a mulching mower. B. Work Included: Scope of Work: The work specified in this section consists of the establishing of a stand of grass, within the project, right-of-way, easements, and other areas indicated on the Drawings, by furnishing and placing grass sod. Also included are fertilizing, watering and maintenance as required to assure a healthy stand of grass. Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed". C. Guarantee: All sodded areas shall be guaranteed for three months after date of final acceptance. Replacement of Defective Sod: Any dead sod or sod showing (less than 95% of a square) indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months. All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks. D. Fertilizer: Commercial fertilizers shall comply with the state fertilizer laws. The numerical designations for fertilizer indicate the minimum percentages (respectively) of (1) total nitrogen, (2) available phosphoric acid and (3) water-soluble potash contained in the fertilizer. The chemical designation of the fertilizer shall be 16-4-8. Fertilizer shall include iron, minor nutrients and trace elements. At least 50 percent of the nitrogen shall be derived from organic sources. At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container. F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc Contractor shall ensure 1 pound of nitrogen per 1,000 square feet. E. Water for Grassing: Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570-5 and 2.34.B. F. Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6.0-7.0. Contractor shall apply two (2) applications. The initial shall be fertilizer and the second application shall be "weed and feed". The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre, or 10 pounds per 1,000 square feet, by a spreading device capable of uniformly distributing the material at the specified rate. Contractor shall apply applications as per manufacturer's specification. All tickets from bags shall be handed over to the County Inspector. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches. H. Placing Sod: The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6 inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1'/z' below paved shoulder. On slopes greater than 3:1, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. Sodding shall not be performed when weather and soil conditions are, in the Engineer's opinion, unsuitable for proper results. Sod shall be placed around all structures, equipment pads, etc. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). J. Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowing. Clippings shall be removed from sidewalk. K. Article 575-5. The first two paragraphs under this Article are deleted and the following substituted: The contract unit price for sodding shall include the costs of sod, fertilizer (2 applications), sidewalk sweeping after mowing, mowing, pegging disposal of clippings, water, tools, equipment, labor and all other incidentals necessary. L. Payment shall be made under: Item No.: 575-1-1 - Sodding (Bahia) - Per Square Yard Item No.: 575-1-2 - Sodding (Floratam) - Per Square Yard SECTION - 00700 SIGNING AND PAVEMENT MARKINGS 3. A. Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2007), Manual on Uniform Traffic Control Devices, Supplemental Specifications, Roadway and Traffic Design Standards, manufacturer's specifications. B. Traffic Signs: All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits. Care shall be exercised by the Contractor during removal, storage and relocation so as not to damage the signs. If any damage occurs, as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation. C. All reflective pavement markers shall be 4" x 4". D. The work to be performed per line items S1 through S6 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc Markings, Signing & Geometrics Dated September 5, 2000. Payment shall be made under: Item No. S1 — RW -080 (BOAT RAMP SYMBOL) W/ 24" X 24" (BLK. ON WHT.) "SHALLOW DRAFT VESSELS" — Per Assembly Item No. S2 - 30" X 3" W14-1 "DEAD END" W/ "DEAD END 500' " (SUPPLIMENT) — Per Assembly Item No. S3 - 30" X 24" (BLK. ON WHT.) "SHALLOW DEPTHS LOCAL KNOWLEDGE REQUIRED" W/ 24X24 (BLK ON WHT.) MAXIMUM 18 INCH VESSEL DRAFT ONLY" (SUPPLIMENT) — Per Assembly Item No. S4 - 30" X 24" (BLK. ON WHT.) "CANOE & KAYAK LAUNCH ONLY. NO MOTORIZED VESSELS OR JET SKIS PERMITTED EXCEPT AT BOAT RAMP" — Per Assembly Item No. S5 - CASE II RED REFLECTORS — Per Assembly Item No. S6 - 12" X 18" "CAUTION - RAMP ENDS AT RED LINE" — Per Assembly SECTION — 02671 DOCK AND WOOD KIOSK CONSTRUCTION Lumber 1. Materials a. All dock lumber shall be marine duty Southern Yellow Pine, 2.5 pcf CCA retention. Decking and railing shall be hand selected #1 dense, straight and true. All other members shall be #2 dense and better. b. Roof sheathing shall be 5/8 " CDX Plywood. e. Fascia shall be 2x rough sawn cedar, #2 or better. f. . Preservative treatment shall be as specified by the American Wood Preserver's Association. g. Lumber shall have grade mark stamped onto wood. 2. Execution: a. Protect wood products delivered to site from wetting and moisture gain by storing on elevated sills. F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc b. Set horizontal members with crown edge up. c. Do not cut or notch structural members. d. Timber framing shall be in accordance with the National Design Specifications for Wood Construction and the Timber Construction Manual. Payment shall be made under: Item No.: 12 — (Dock) Beam, Stringers, Decking, Miscellaneous — Per Square Foot Timber Marine Piling 1. Piling shall be marine duty Southern Pine preservably treated to a net retention of 2.5 pounds of CCA per cubic foot in accordance with AWPA Standard C3, latest edition. 2. The minimum top diameter of all piles shall be as noted on the drawings. The diameter of the butt shall comply with ASTM D25. 3. Pilings shall have grade marks branded into the wood. Payment shall be made under: Item No. 10 — 8" Wooden Piles — Per Linear Foot Item No. 11 — Poly Wrapped — Per Lump Sum Fasteners 1. All bolts shall conform to ASTM A307 2. Dock decking shall be fastened with stainless steel deck screws. 3. All bolts, connections and other miscellaneous fasteners on dock shall be stainless steel. 4. All bolts on dock shall be Type 316 Stainless Steel as indicated in the drawings. Payment shall be made under: Item No. 13 — 8" Galvanized Cleat — Per Each Item No. 14 — 6"- 8' Pressure Treated Post (Bollard) — Per Linear foot F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc + + END OF SECTION + + F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc APPENDIX 'A' PERMITS • St. Johns River Water Management District • Department of the U.S. Army Corps. Of Engineers Appendix A -Permits F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\APPENDIX A - Permits.doc .. a. 0 ohns ver F£ Fater Digage ent strict Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director • Mike Slayton, Deputy Executive Director John Juilianna, Palm Bay Service Center Director, Regulatory 525 Community College Parkway S.E. • Palm Bay, FL 32909 • (321) 984-4940 On the Internet at www.sjrwmd.com. August 29, 2008 Michael Nixon, P.E. Indian River County 1801 27th Street Vero Beach, FL 32960 Re: Oslo Road Boat Ramp Application No. 4-061-114751-1 (Please reference the above number on all submittals.) Dear. Mr. Nixon: SEP 0 ENGIN , REC'D BY., t l N TY s (..!:IION This letter is in reference to the proposed installation of the boat ramp at the eastern end of Oslo Road in Indian River County. The proposed project, as modified by the submittal received by the District on August 25, 2008 (the "Submittal"), consists of the installation of an existing single -lane boat ramp and the construction of 2 accessory docks totaling less than 500 square feet that will be associated with and adjoining the boat ramp. The installation of the boat ramp consists of replacing the existing concrete pad, which is less than 30 feet wide, with a new concrete pad in the same footprint and configuration as the existing one and replacing the associated vertical sidewalls. The project involves the removal of less than 25 cubic yards of material. The project also includes the placement of spoil in a self-contained spoil disposal site as described in the Submittal; best management practices, as described in the Submittal, to prevent violation of water quality pursuant to 62-302.510, F.A.C.; and signage. Based on a review of the Submittal, District staff has determined that the installation of the boat ramp and associated accessory docks as described in the submittal meet the exemption from permitting found in Chapter 40C -4.051(12)(i), F.A.C. Please be advised that this determination does not authorize the mangrove trimming for navigational purposes outlined on Sheet 9 of 11 of the Submittal. The navigational trimming of mangroves is not a part of the exemption found in Chapter 40C -4.051(12)(i), F.A.C. and cannot be authorized under this permit determination. Mangrove trimming for navigational purposes requires a General Permit pursuant to 403.9327(1)b, F.S. from the Florida Department of. Environmental Protection (FDEP). Indian River County must apply to FDEP for the General Permit for the mangrove trimming for navigational purposes that is outlined on Sheet 9 of 11 of the plans received by the District on August 25, 2008. Please note that only the minor mangrove trimming necessary for the construction of the northern accessory dock as shown on Sheet 6 of 11 of plans received by the District on August 25, 2008 was considered as part of the project qualifying for the boat ramp exemption, Chapter 40C -4.051(12)(i), F.A.C., that is the subject of this letter. This exemption does not obviate the need to comply with any GOVERNING BOARD David G. Graham, CHAIRMAN Susan N. Hughes, VICE CHAIRMAN Ann T. Moore, SECRETARY W. Leonard Wood, TREASURER JACKSONVILIE PONTE VEDRA BUNNELL FERNANDINA BEACH Douglas C. Bournique Michael Ertel Hersey "Herky" Huffman Arlen N. Jumper Hans G. Tanzler III VERO BEACH OVIEDO ENTERPRISE FORT McCOY JACKSONVILLE Federal, State, or local regulations, including but not limited to the Mangrove Trimming and Preservation Act in sections 403.9321-403.9333, F.S. Please be aware that the permit determination made in this letter is based upon the information received by the District on August 25, 2008. If any information contained within this letter is not correct, or if any facts change in the future, you will need to notify the District immediately: You should also keep in mind that this letter applies only to the requirements of the St. Johns River Water Management District and does not relieve you of meeting the permit requirements of local, county, or other legally constituted authorities. If you have any questions, please call me at (321) 676-6625. Sincerely, !,/ rte, La._ Karen Garrett -Kraus, Senior Regulatory Scientist Department of Water Resources cc: RIM NPR, John Juiliaariborz Zanganeh, SusaMoor, Mark Crosby Karen Coffman, Ken John George R. Kulczycki - G.K. Environmental, Inc. 155 McKee Lane Vero Beach, FL 32960 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 400 HIGH POINT DRIVE, SUITE 600 COCOA, FLORIDA 32926 North Permits Branch Cocoa Section SAJ-2008-0223(NW-TSD) Indian River County C/o Mike Nixon 1801 27th Street Vero Beach, FL 32960 Dear Mr. Nixon: September 4, 2008 SEP 0 9 2008 EN! �]SNEEF Your application for a Department of the Army permit received on August 18, 2008, has been assigned number SAJ-2008-0223. A • review'of the information and drawings provided on August 18 and 27, 2009, shows the proposed work is to replace a public boat ramp in the Indian River and to install two accessory docks adjacent to the boat ramp. The project is located at the Oslo Road Boat Ramp at the eastern end of Oslo Road, Vero Beach, in Section 30, Township 33 South, Range 40 East in Indian River •County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 03, 36. In addition, project specific conditions have been enclosed. This verification is valid until September 5, 2010. Please access the U.S.Army Corps of Engineers` Jacksonville District's Regulatory webaddress at http://www.saj.usace.army.mil/regulatory/perritting_nwp.htm to access web links to view the Final Nationwide Permits, Federal Register Vol. 72, dated March 12,. 2007, the Corrections to the Final Nationwide Permits, Federal Register 72, May 8, 2007, and the -List of Regional Conditions. These files containe-.. th-.. description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP' 03, 36. Additionally, enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comply with all of thespecial and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re - verification may be required. -2 - The aspect of your project involving the installation of the accessory docks on the north and south side of the boat ramp, as depicted on the received drawings, is authorized by Regional General Permit (GP.) SAJ-33. This authorization is valid until May 1, 2012. Please access the U.S. Army Corps of Engineers' Regulatory web address at http://www.saj.usace.army.mil/regulatory/permitting gp.htm#rgp to view the special and general conditions for SAJ-33, which apply specifically to this authorization. To view the referenced conditions click on the permit number and the general condition column in the row corresponding to the SAJ number noted above. You must comply with all of the special and general conditions and any project -specific conditions of this authorization or you may be subject to enforcement action. The following special conditions are included with this verification: 1. Reporting Address: All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232. The Permittee shall reference this permit number, SAJ-2008=0223 (NW -TSD) on all submittals 2. Commencement Notification: Within 10 days from the date of initiating the authorized work, the Permittee shall provide to the Corps a written notification of the date of commencement of work authorized by this permit. 3. Completion Notification: Within 60 days of completion of the work authorized, the attached "Self -Certification Statement of Compliance" must be completed and submitted to the U.S. Army Corps of Engineers. Mail the completed form to the Regulatory Division, Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-0019. 4. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his. authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation ofthe navigable waters, the Permittee will be required, upon due.notice..froin the. U.S. Army Corps of Engineers, to remove, relocate, or alter the -3 - structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Permittee or other party on the Permittee's behalf, shall conduct a.. search in the National... Register Information System (NRIS). Information can be found at; http://www.cr.np.s.gov/nr/research/nris.htm. Information on properties eligible for inclusion in the National Register can be identified by contacting the Florida Master File Office by email at fmsfile@dos.state.fl.us or by telephone at 850-245-6440. If unexpected cultural resources are encountered at any time within the project.area that•was not the subject of a previous cultural resource assessment survey, work should cease in the immediate vicinity of such discoveries. The permittee, or other party, should notify the. SHPO immediately; as well as the appropriate Army Corps :of Engineers office. After such notifications; project activities .should not resume without verbal and/or written authorization from the.SHPO. If unmarked human remains are encountered, all work shall stop immediately, and the proper authorities notified in accordance with Section 872.05, Florida Statutes, unless on Federal lands. After such notifications, project activities on non -Federal lands shall not resume without verbal and/or written authorization from the Florida State Archaeologist -for- -finds under his or her jurisdiction. 6. This Nationwide Permit and Regional General Permit authorizes the replacement of a public boat ramp that will comprise of .precast concrete slab, .42 foot long by 16 foot wide with a 60 foot long by 5 foot wide accessory dock on the north side of the boat ramp and a 40 foot long by 4 foot wide accessory dock on the south side of the boat. ramp. A handrail will be installed to prohibit mooring of vessels on the north side of the north accessory.dock and the south side of the south accessory dock. In addition, 3 bollards will be installed on the north side of the north dock (as reflected in drawing sheet 10 of 11) to create a canoe/kayak launch area. -4- 7. Handrails shall be installed and maintained on the north side of the north accessory. dock and on the south side of the south accessory dock as the structure is built as reflected in the attached exhibits. 8. Manatee Condition: The permittee agrees to abide by the attached standard construction conditions designed to protect the endangered West Indian Manatee (Attachment 1).. 9. Manatee Condition: All in -water construction activities associated with the project shall be conducted from hour after sunrise to ' hour before sunset. 10. Manatee Condition: The permittee agrees to install permanent manatee educational/awareness signs in accordance with the Standard Manatee Educational/Awareness Sign Conditions (July 2005), Attachment 2. 11. Turbidity Barriers: Prior to the initiation of any of the work authorized by thus permit the .Permittee -shall. Install floating turbidity barriers with weighted skirts that extend to within 1 foot off the.bottom around all work areas that are in, or adjacent to, surface waters. The turbidity -barriers shall remain in place and be maintained until the authorized work has been completed and all erodible materials have been stabilized. 12. Equipment Storage: No equipment or materials may be stored or staged in the wetlands or waters of the United States that have not been permitted for impacts. 13. Sea Turtle & Smalltooth Sawfish: The permittee agrees to adhere to the Sea Turtle and Smalltooth Sawfish Construction Conditions (Attachment.3i 1 page). This letter of authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be .required. In Florida, projects qualifying for this NWP must be authorized under Part IV of Chapter 373 by the Department of Environmental Protection, a water management district under §.'373.069, F.S., or a local government with delegated authority under:..373.441, F.S.,-and receive:Water Qua1ity'.Cert_ificati=on- (WQC) and Coastal Zone Consistency Concurrence (CZCC) (or a waiver), as well as any authorizations required by the State for the use of sovereignty submerged lands: You should check State - permitting requirements with the Florida Department of -5 - Environmental Protection or the appropriate water management district. This letter does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the. National Flood-Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact Tamy Dabu by telephone at 321-504-3771 extension 11. Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving. service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit the following link and complete our automated Customer Service Survey: http://regulatory.usaces.urvey.com/. Your input is appreciated - favorable or otherwise. Sincerely, Tamy Dabu Project Manager Enclosures Copy Furnished: CESAJ-RD-PE GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 • 1. The time limit for completing the work authorized ends on -date identified in the letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine .if the remains warrant a recovery -effort of if the site is eligible for listing in th-e••• National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: NW -03 & 36 General Permit: SAJ-33 Application Number: SAJ-2008-0223 Permittee's Name & Address (please print or type): Telephone Number: Location of the Work: Date Work Started: Date Work Completed: Description of the Work (e.g., bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States; Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I_certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are.depicted on the attached drawing(s). Signature of Permittee Date Mail this completed form to the U.S. Army Corps of Engineers, Regulatory Division, Special Projects & Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-0019. DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2008-0223 (NW -TSD) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms, and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations,. does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019. (TRANSFEREE -SIGNATURE) (SUBDIVISION) (DATE) (NAME -PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) (Telephone number) (Fax number) (LOT) (BLOCK) (STREET ADDRESS) INDIAN RIVER COUNTY RECEIVED BOARD OF COUNTY COMMISSIONERS OSLO ROAD BOAT RAMP REPAIRS PROJECT LOCATION INDIAN RNER COUNTY SHEET INDEX !. COVER SHEET 7. SITE' PLAN 3 BOAT RAMP PLAN AND PROF/LE 4-6 EXCAVA77ON PLAN AND SECTION VIEWS 7-8. BOAT RAMP DOCK DETAILS .9. EROSION CONTROL !O. SIGNING 11. SIGN DETAILS U.S. Army Corps of Engineers Permit # SAJ-2008-0223 (NW/GP-TSD) Date: 09/04/2008 Drawing 1 of 11 COUNTY PROJECT #0381 JAN. 2008 VICINITY MAP 7014 LN. S. 9111 ST. S SECTION: 10/30 TOWNSHIP: 93 RANGE: 40. PREPARED BY INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 1801 27111 STREET VERO BEACH, FLORIDA 32960 AUG 18 2008 JACKSONVILLE DIS( USAc.E PROJECT LOCATION GENERAL NOTES CONTRACTOR SHALL 8E RESPONSIBLE FOR REMOVAL OF THE EXISTING BIRUCILRES, RELATED UTILRlES, PAVING AND ANY 010401 EXISTING IMPROVEMENTS AS NOTED. CONTRACTOR IS TO REMOVE AND DISPOSE OF ALL DEBRIS, RUBBISH AND OTHER MATERIALS RESULTING FROM PREVIOUS AND CURRENT DEMOLITION OPERATIONS. DISPOSIL WIIL RE IN ACCORDANCE WITH All LOCAL, STATE AND/OR FEDERAL REGULATIONS GOVERNING SUCH OPERATIONS. THE GENERAL CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR AND SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. CONSTRUCTION TECHNIQUES: ALL EQUIPMENT WILL 8E STAGED ON SITE. ND BARGES OR VESS. 8 ARE NECESSARY FOR CONSTRUCTION. PILES WILL BE WATER JETTED. 104E EXISTING BOAT RAMP WRL 8E REMOVED BY BACKHOE FROM UPLAND. THE NEW BOAT RAMP WILL BE INSTALLED BY CRANE. COFFER DAMS AND DEWATERING WILL BE REQUIRED. THE UPPER PORTION OF THE BOAT RAMP, PROVE MHW WILL BE POURED IN PUCE. THE PROJECT SITE WILL BE CLOSED OFF TO THE PUBLIC DURING CONSTRUCTION. EXCAVATION: THE EXISTING BOAT RAM WILL BE EXCAVATED BY BACKHOE THE BOAT RAMP DEBRIS WILL BE HAULED TO THE COUNTY LANDFILL. 901L AND MUCK MATERIAL WILL BE EXCAVATED BY BACK HOE. ALL SPOIL WILL BE PLACED INA CONTAINMENT AREA IN THE UPLAND AND CONTAINED BY MEANS OFA SMALL DIKE ALL SEEPAGE FROM THE SPOIL WILL GRAN TO THE CONTAINED AREA NEAR THE BOAT RAMP. HAY BAILS WILL BE UTILIZED TO ASSURE ADDITIONAL WATER QUALITY THE EXCESS MATERIAL AND UNSUITABLE MATERIAL WILL BE HAULED TO COUNTY OWNED SITES AND UTILIZED AS FAL fgQSION AND TURBIDITY CONTROL: BACKGROUND TURBIDITY READINGS WILL BE ESTABLISHED PRIOR TO CONSTRUCTION. THE SITE WILL BE MONITORED DAILY TO ASSURE THAT TURBIDITY READINGS DO NOT EXCEED RS LIMITS. IF THE TURBIDITY READINGS EXCEED THE BACKGROUND, THE WORK WAIL BE STOPPED AND THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT 4911TW5EII WILL BE NOTIFIED. WORK WILL NOT CONTINUE UNTIL 9JRWMD AUTHORIZES TO 00 90. THE BOAT MMP WILL BE CONTAINED BY MEANS OF A DOUBLE TURBIDITY BARRIER. THE ENTIRE UPLAND AREA WILL HAVE GILT FENCES PLACED MOUND THE CONSTRUCTION AREA TO PROTECT THE MANGROVES AND SEA GRASSES. SPOIL WILL BE PLACED M THE CONTAINMENT AREA ON THE UPLANDS, DRIED OUT AND REMOVED INA LEGA. MANNER TO PREVENT DISTURBANCE 00 THE PUBLIC THE 91TE WILL BE CLOSED TO THEPABLIC UNTIL THE TURBIDITY BARRIERS ARE REMOVED AND THE SITE 19 STABLE. POLY RAPPED COATING SHALL BE REQUIRED ON Al PILINGS UP TO THE DECKING ONLY. THE UPPER PORTION IS NOT REQUIRED. A9AFETY NO110E IN 800080MCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR SHA. BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS OF THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY 011RING PERFORMANCE OF THE WORK THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. ANY CONSTRUCTION OBSERVATION BY THE ENGINEER OF THE CONTRACTOR'S PERFORMANCE 19 NOT INTENDED 10 INCLUDE REVIEW OF THE ADEQUACY OF THE CONTRACTOR SAFETY MEASURES IN. ON OR NEM THE CONSTRUCTION 911E FL000 CERTIFICATION THE PROPERTY IS SITUATED IN FLOOD ZONE AE (BASE FLOOD ELEVATION. A.AI. AT THIS TIME PURSUANT TO FEMA. FIRM No. 121151C0100E, DATED JULY 2, 10112 S VEY BASED ON CARTER ASSOCIATES. INC. CONSULTING ENGINEERS MB LARD SURVEYORS, VERO BEACH. FL OSLO ROAD 10POORAPHY AND MEM HIGH WATER LINE SURVEY STA. 2.15.02.45 TO 219.00. SEVEN SHEETS. PROJECT. No. 02.•229.1 9T REVISED 4711:00 LIMITS OF WETVNOS PER G.K. ENVIRONMENTAL, INC. JUNE ZZ. 200 LtigligEEZIME DUE TO CONCERNS BY REGULATORY AGENCIES AND CITIZEN! GROUPS. INDIAN RIVER COUNTY HAS BEEN REQUIRED TO REVISE THE BOAT RAMP RECONSTRUCTION BY LIMIT WO THE LENGTH AND OEPM TO THE SAME CONDITIONS AS EXISTING. U.S. Army Corps of Engineers Permit # SAJ-2008-0223 (NW/GP-TSE Date: 09/04/2008 Drawing 3 of 11 LIARTS /OF WETL4NOS //J. Gar ENVIRONMENTAL' N. W. CORNER OF RAMP DIRT APRON TO MEET EXISTING, ROAD EX/STING BOA,- RAMP TO BE REMOVED EDGE 0 A/ARL _ROAD f Par (rrP.) 1.- • CONCRETE -79 s, MANGROVES 11111111111111111111111111111111111001114 7,7 771 •ft. 8:1 ••• cc. 0.(./ W/HANDRAIL AND STEP PROPOSED 5' W/DE ; WOODEN ACCESSORY DOCK 6:1 _-(1) 41111W UNE EL. 0.84 ZNGVD 192.9 710. SAS, 74 N OEC/(INC TYR. \ D•q, 7,77777 16'X20' • c; ore tcrov wommftwooftftmeftWa iirli-010.00.milai-.0.amaft* 0 80747- RAW/3 PLAN sr 4LE I '=10' PROPOSED 4' W/DE WOODEN ACCESSORY DOCK EL. 3.0 • MANGROVES 1. ser S'TS 5 4,17/,V1-° 1 1 FOR SECTIONS A", -‘A, 8-8 C—C AND D-0 41 hi SLOPE MATCH EX/STING GRADE-' C3 20' -• • 22' PROPOSED CONC. r, _ GROOVED SLAY - PROPOSED PRECAST PRESTRESSED CONC. SL48- EkPORApr--stifFET---PILT --,......... --_. -,.-.... ---- ....„... ; --------- • - 50,4T RAMP SECTION HORIZONTAL SCALE 1 '"=10' VERTICAL SCALE ECEIVED AUG 27 2008 JACKSONVILLE DISTRICT USAGE INDIAN RIVER COUNTY 3296C Deportment of Rub/Ic Works Engineering Division UM. ,SALAZA, il Nam .9n070 '0;•01.00, /0381 OSLO BOAT RAMP PLAN AND FROFILE V/EW5 8 .1.41.161.11‘..A.4 Permit # SAJ-2008 0223(/GP-TSD) 1 Date: 09/04/2008 1 Drawing 5 of 11®, 1 I ± I I 1 i ( 1 1 ! 1 /0 I I 1 I IWO minx m� 1611 r. is 12151710 IOf7av ALE as 10 5 o I I ! I I — ... j — tigoluiltmnn I { - -1- u� I 1 Q. OWM ... .. 1' { { I • I 1 f I I SECT/ON B—B 1 `P �I m I to : r I ! i i I , i I 1 I ; I .._ II f I 1 I 1 i I ! ( 1 I I I i 1 I i , ,- — i 1 tea. ..,v ►MHO / Raw !p' — r MOO /x[ ,e• as IT .[Y" AICfMv I I I I i I I i1 '• SECT/ON A A 1 I I L Pr; M rn h IM .. — I carr aM I i. I II j I I I I I { I I I 4 4 I ? 1 i I I I 50 40 30 20 10 ¢ 10 20 30 40 56 • No. 1 Revision Dole 9 INDIAN RIVER COUNTY 1801 277N siREE9 VERO 8EACN , R 32960 (772) 567-8000 ... Deportment of Pab//c Wo, ,.n`•�, w7wi2 nanr �! As .° vy�/a* OSLO BOAT RAA!P SECT/ON V/EWS PW! riot SUES. 's �� _ _ T NEW CROSS SECTIONS 4/11/09 AS �,.,a,,,, —� same . ,� /0,�81 ,I' R 0�✓C Eng/neerT'ny Division 2 PL015 REVISED 8/11/08 /5 Y17l1R MIpY +� �+^� Osf. a,w��ra M J.S. Army Corps of Engineers Permit # SAJ-2008-0223 (NW/GP-TSD) Date: 09/04/2008 Drawing 7 of 11 ( I 1 41. ixoono * nn 6' HaRIR Sof 4' sw1K soE PDLT MATED PRET 6.75' 6000110 CENR6 TYPICAL SECT/ON FOR BOAT RAMP OOC/(S N.T.S 2"X10" (P.T.) HEADER BOARD 0 STEP DETAIL N.T.S —ROUTER EDGE 2"X8" (P.T.) HEADER BOARD 2"X12" (P.T.) PLANK WITH ROUTED EDGE g" 4,-0" CONCRETE CAP GRADE PRE STRESSED CONCRETE SHEET PILE FRONT VIEW SECTION VIEW 8„X8„ CONCRETE CAP PRE—STRESSED CONCRETE SHEET PILE CONCRETE BULKHEAD DETAILS N.T.S 8” PILINGS GRADE EXCLUDE 2'X10' BEAM & CENTER STRINGER WHEN LESS THAN 4' GROUND CLEARANCE 1111H B z'-o•� 2.010" (PJ) U' • �' 0 8'-0' 0.C. NLESS STEEL HANGER 2'06 DECKING '1 8 2.060' (P.T.) FENDER CONCRETE BULKHEAD DOCK ATTACHMENT TO BULKHEAD BOAT RAMP Revision Doth PLANS REVISED 4/11/08 By AS INDIAN RIVER COUNTY 1601 27TH STREET VERO BEACH , FL 32960 (772) 567-6000 Deportment of Public Works Engineering Division MM'AuLZ MLA17N. S4LAZAR MONTED MAOYAI/Z A1XON S TON 30 'FMAWwO1R1 A0. RA GE io 75N .> /0381 e.61.. A...+iv4.6 ANORFA OSLO BOAT RAMP • BOAT RAMP DOCK DETAIL SHEET 11 J.S. Army Corps of Engineers 'ermit # SAJ-2008-0223 (NW/GP-TSE )ate: 09/04/2008 )rawing 9 of 11 NORT ;'<,C', -.1", -OR WAY RV AUG 27 2000 SAT FENCE TURBIDITY BARRIER MN/W Q 0.114 JACKSONVILLE DISTRICT USAGE 2. MIN OR AS REQ. TO CONTAIN DEWATERING 2' SOCK ORNX 4' PMC BOWIE TUR61PNTT PROPOSED "17109171 DOCK WOE "ELL PEWIT SYSTEM. (61711 SIDES) 3POMY.LSED SA4T RAMP REPLACEMENT MA'6W? ZONE LEVIES 7. Revs;c, SYLT 6:4R,4WV m zilou stir , sour Rw ,=o WAY -%�-W "-( --' =1 ANS RE cte E x7577 G BOAT RAMP 1n 61'' REMOVED PROPOSED WOW/ DOCK DEWATERING AaFg-UF IJQH 1. SPOIL TO BE REMOVED AND DISPOSED OF IN A LEGAL MANOR. 2. PROVIDE CONTNNMENT AREA TO PREVENT ESCAPE INTO WETLAND AREA. 3. CONSTRUCTION AREA SHALL BE CLOSED 10 THE PUBLIC DURING CONSTRUCTION. 4. MANGROVE TRIMMING SHALL COMPLY WITH FL STATUTES 403.9326, GENERAL PERMITS, AND THE 1906 MANGROVE TRIMMING ACT: A GENERAL PERMIT FOR THE LIMITED TRIMMING OF MANGROVES WITHIN EXISTING NAVIGATIONAL CHANNELS, BAS/NS, OR CANALS TO PROVIDE CLEARANCE FOR NAVIGATION OF WATERCRAFT -5 IF: A). THE TRIUMING IS CONDUCTED IN AN AREA WHERE THE DEPARTMENT HAS NOT DELEGATED THE AUTHORITY TO REGULATE MANGROVES TO LOCAL GOVERNMENT; B ). THE TRIMMING IS SUPERVISED OR CONDUCTED EXCLUSIVELY BY A PROFESSIONAL MANGROVE TRIMMER; C). THE MANGROVES ARE LOCATED ON LAND OWNED OR CONTROLLED BY THE PROFESSIONAL MANGROVE TRIMMER OR BY THE PERSON CONTRACTING WITH THE PROFESSIONAL MANGROVE TRIMMER TO PERFORM THE TRIMMING ACTIVITIES, OR ON SOVEREJGN SUBMERGED LANDS IMMEDIATELY WATERWARD AND PERPENDICULAR 1D SUCH LANDS; D ). THE TRIMMING IS UNITED TO THOSE PORTIONS OF BRANCHES LIR TRUNKS OF MANGROVES WHICH EXTEND INTO THE NAVIGATION CHANNEL. BEYOND A VERTICAL PLANE OF THE MOST WATERWARD PROP ROOT OR ROOT SYSTEM; AND E). NO HERBICIDE OR OTHER CHEMICAL WILL BE USED FOR DIE PURPOSE OF REMOVING LEAVES OF A MANGROVE. 5. THE MIXING ZONE SIIALL INCLUDE 111E OUTER TURBIDITY BARRIER WITHIN 111E TWO LOCATIONS INDICATED ON THIS PLAN VIEW. (SEE O.K. ENVIRONMENTAL. INC. TURBIDITY MONITORING PLAN). /:: 08 '14N0. V'SEO 6/11/06 600 010 1 PftE/WEi, 'ONS 2(19/08 As AS A5 INDIAN RIVER COUNTY 2"I 271'.+ STREET VE70 -EACh_ 32960 (772) 567-6000F� • Deportment of Public Warns Engineering DIv/s/on yieartz Atm �MI7lCA SKAIM ECTION .R7 OWNSHIP .11 u,` ytY/LM HANGt +� Antr f .i..eMa 4s /0391 OSLO BOAT RAMP EROS/ON CONTROL SOALE1=RD' RW -080 SHALLOW DRAFT VESSELS ONLY W/4 -/ 500 FT SHALLOW DEPTHS LOCAL KNOWLEDGE REQUIRED 11 MAXIMUM 1B—INCH VESSEL DRAFT ONLY 4' Center To Center CASE II l7 n,f Pnf/enfn.r NOTE: PROVIDE (2) AT 4' 0.0 N. SIDE OF BOAT RAMP AS SHOWN ON SHEET 10 OF 11 CANOE & KAYAK LAUNCH ONLY NO MOTORIZED VESSELS OR JET SKIS PERMITTED U.S. Army Corps of Engineers DIAN RIVER COUNTY Permit # SAJ-2008-0223 (NW/GP-TSD)" 27TH STREETL 32960 '2) 567-6000 Date: 09/04/2008 Drawing 11 of 11 n 12" WHITE—`; RED„CAUTION WHITE BI ACK - RED -f�AMP ENDS WHITE— AT RED—' RED LINE • 18” Dsporlmenl of Pub//c Works Engineering Division JO R p euuirz 11132r — w r n..•11166 Asst /0381 OSLO BOAT RAMP S/GN DETA/LS ATTACHMENT 1 3 PAGES STANDARD MANATEE CONDITIONS FOR IN -WATER WORK July 2005 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a.. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are respon sible for observing water -related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) for south Florida. f. Temporary signs concerning manatees shall be posted prior to and during all in - water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a location prom inently visible to all personnel engaged in water -related activities. ION • AI project vessels E SPEED / NO WAKE When a manatee is within 50 feet of work all in -water activities must SHUT DO N Report any collision or injury to: 1 -888 -404 -FICC (1-88$-404-3922) Florida Fish and Wildlife Conservation Commission ATTACHMENT 2 4 PAGES STANDARD MANATEE EDUCATIONAL/AWARENESS SIGN CONDITIONS (Non -regulatory signs for boat facilities) July 2005 The permittee shall comply with the following manatee educational sign conditions: a. The permittee shall install and display one or more manatee educational and/or awareness signs at least 30 days prior to completion of construction. The number, type. and procedure for installation shall be in accordance with the Florida Fish and Wildlife Conservation Commission's attachment `Permanent Manatee Educational Signs". Permittee/owners further agree to maintain the signs and their support pilings for the life of the facility, and replace signs that fade or become damaged. b. If the facility already exists and has signs posted, the owner must submit for approval prior to commencement of work, documentation that the signs are appropriately placed, in good condition, and display up-to-date information. Documentation should be sent to the Imperiled Species. Management Section, Florida Fish and Wildlife Conservation Commission, Mail Station 6A, 620 South Meridian Street, Tallahassee, FL 32399-1600 (phone 850/922-4330). FWC Approved Manatee Educational/Awareness Sign Suppliers 2005 FWC approved permanent manatee educational and awareness signs are available through the companies listed below or from other local suppliers throughout the state. Permit/lease holders, marinas, and boat docking/launching facilities should contact the sign companies directly to arrange for shipping and billing of the signs. ASAP Signs & Designs 624-B Pinellas Street Clearwater, FL 33756 Phone: (727) 443-4878 Fax: (727) 442-7573 Wilderness Graphics, Inc. P. O. Box 1635 Tallahassee, FL 32302 Phone: (850) 224-6414 Fax: (850) 561-3943 www.wildemessoraohics.com Cape Coral Signs & Designs 1311 Del Prado Boulevard Cape Coral, FL 33990 Phone: (239) 772-9992 Fax: (239) 772-3848 Municipal Supply & Sign Co. 1095 Fifth Avenue, North P. O. Box 1765 Naples, FL 33939-1765 Phone: (800) 329-5366 or (239) 262-4639 Fax: (239) 262-4645 www.municioalsions.com Vital Signs 104615 Overseas Highway Key Largo, FL 33037 Phone: (305) 451-5133 Fax: (305) 451-5163 Universal Signs & Accessories 2912 Orange Avenue Ft. Pierce, FL 34947 Phone: (800) 432-0331 or (772) 461-0665 Fax: (772) 461-0669 New Citr Signs 1829 28m Street North St. Petersburg, FL 33713 Phone: (727) 323-7897 Fax: (727) 323-1897 United Rentals Highway Technologies 309 Angle Road Ft. Pierce, FL 34947 Phone: (772) 489-8772 or (800) 489-8758 (FL only) Fax: (772) 489-8757 ATTACHMENT 3 1 PAGE UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office _ 263 lath Avenue South St. Petersburg, FL 33701 SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water -related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50 -ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. g. Revised: March 23, 2006 O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc APPENDIX 'B' FLORIDA EROSION &SEDIMENT CONTROL INSPECTOR MANUAL CHAPTER 4, "BEST MANAGEMENT PRACTICES FOR EROSION AND SEDIMENTATION CONTROL" CONTRACTOR TO REFER TO THE WEB SITE LISTED BELOW http://www.dep.state.fl.us/water/nonpoint/ero man.htm Appendix B -BMP F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\APPENDIX B - CHAPTER 4 BEST MANAGEMENT PRACTICES.doc APPENDIX 'C' SOIL SURVEY REPORT Appendix C F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\APPENDD( C - ROADWAY SOIL SURVEY.doc Geotechnical Service Report Boat Ramp Improvements Oslo Road (9th Street) Indian River County, Florida Prepared For: Indian River County 1801 27th Street Vero Beach, Florida 32960 Prepared By: Dunkelberger Engineering & Testing, Inc. 607 NW Commodity Cove Port St. Lucie, Florida 34986 Project No. 07-11-2558 Date: July 8, 2008 (Revised on October 30, 2008) engineering & testing, inc www.dunkelberger engineering coni • .Fort Lauderdale; • Lakeland • Port Saint Lucie. •c Sarasota • West Palm Beach.,, Indian River Count' 1840 25th Street, 3r Floor Vero Beach, Florida 32960 July 8, 2008 (Revised on October 30, 2008) Project No. 07-11-2558 Attention: Mr. Arjuna Weragoda, P.E....via email and USPS Subject: Geotechnical Services Report Boat Ramp Improvements Oslo Road (9th Street) Indian River County, Florida Dear Mr. Weragoda: INTRODUCTION Pursuant to your written authorization, Dunkelberger Engineering & Testing, Inc. (Dunkelberger) has completed geotechnical services in connection with the boat ramp improvements on Oslo Road in Indian River County, Florida. The study involved drilling exploratory borings, evaluating the geotechnical engineering impact of the subsurface conditions on the planned construction, and preparing recommendations for pile foundations support of the proposed structures. PROJECT INFORMATION We understand that the existing boat ramp leading from Oslo Road to the Indian River Lagoon will be replaced with a new concrete boat ramp. New 72 -foot long, wood decking, boat ramp docks will be constructed on both sides of the boat ramp. In addition, a new wood decking fishing pier having a length of 132 feet will be constructed to the north of the boat ramp. The plans titled as "Oslo Boat Ramp Dock Details" and "Oslo Boat Ramp Fishing Pier Details" provided by Indian River County, dated 01/07/08, show that the fishing pier and boat ramp access piers will be supported by the 10 -inch diameter (at tip) timber piles. The plans indicate that the piles are to be driven to a minimum depth of 10 feet below river bottom. We understand that no scour is to be considered for design and construction of the piers. FIELD EXPLORATION Subsurface conditions within the site were explored with two Standard Penetration Test (SPT) borings and one auger boring. The locations of the borings were selected by you on May 8, 2008. The SPT borings were drilled with a truck -mounted drilling rig to a depth of 40 feet below the ground surface using mud -rotary drilling procedures. The auger boring was drilled State of Florida Board of Professional Engineers Authorization No. 6870 Toll -Free: (877) 643-6832 Indian River County Page 2 Oslo Road Boat Ramp Improvements Project No. 07-11-2558 using hand -turned augering equipment. The approximate boring locations are shown on the attached Sheet 2, Boring Location Plan. Within the SPT borings, samples of the in-place materials were recovered continuously in the upper 10 feet of each boring and then at 5 -foot vertical intervals below the 10 -foot depth using a standard split spoon driven with a 140 -pound hammer freely falling 30 inches (the SPT after ASTM D 1586). Samples recovered from the borings were placed in moisture -proof containers and returned to our laboratory. The samples from the borings were visually classified in general accordance with Unified Soil Classification System or AASHTO Classification System. Selected samples of the soil were tested in our laboratory to determine their percent fines, Atterberg limits, organic content and moisture content. The test results are provided on the attached Subsurface Profiles (Sheets 3A and 3B). SUBSURFACE CONDITIONS Detailed graphical logs of the borings are provided on attached Sheets 3A and 3B, Subsurface Profiles. Stratigraphy In general, the surficial 1 to 3 feet of soils encountered in the borings consisted of clean sand or silty sand, which were underlain by a 1 to 2 foot thick layer of sandy silt or clay. A 1 -foot thick or less layer of sandy gravel was encountered below the clay in the SPT borings. Below the sandy gravel, the SPT borings generally encountered clean sands to depths of 25 to 30 feet. Sands with silt and shelly sands were encountered below depths of 25 to 30 feet, and extended to the termination depths of the borings at 35 to 40 feet. The sandy soils within the boring profile were typically loose to medium dense in terms of relative density, while the clayey and silty soils were generally very soft in terms of consistency. The sandy gravel layer between the depths of about 4 and 5 feet was very dense. Groundwater Groundwater level was measured in the open boreholes when the free water surface was first encountered. At the time of our fieldwork, the groundwater elevations were measured at -0.5 feet, +0.3 feet and -2.8 feet with respect to the National Geodetic Vertical Datum of 1929 (NGVD) in borings TB -1, AB -1 and TB -2, respectively. The groundwater levels reported herein are indicative of the conditions at the time of drilling. Water levels on the site are expected to fluctuate in response to a variety of factors, including rainfall and drainage patterns and tidal fluctuations of the Indian River. DlNKELBERGER Indian River County Page 3 Oslo Road Boat Ramp Improvements Project No. 07-11-2558 TIMBER PILE FOUNDATION DESIGN The design plans indicate that the foundation system for support the proposed boat ramp docks and fishing pier consists of driven timber piles. Therefore, for the purposes of this study, only timber piles were evaluated. We assume that the timber piles will be southern pine. In addition, we assume that they meet the following requirements; ® Meet ASTM D25 requirements. • Service temperature less than 100 deg. F. • Wet conditions o Timer piles are treated according to American Wood Preserver's Association (AWPA) Standards. Axial compressive load capacities of timber pile sections were evaluated using the Static Pile Bearing Analysis Program FB -Deep and the SPT boring results (N -values). FB -Deep was published by the Florida Bridge Software Institute of the University of Florida. The program uses a methodology based on empirical correlations between cone penetrometer tests and Standard Penetration Tests for typical Florida soils. In general, the axial compressive pile capacity has two components; side friction and end bearing. The end bearing component will depend on the total cross sectional area regardless of the pile material type. Side friction will likely vary with different types of pile material. From the published data, the average skin friction coefficient for timber and concrete pile were 0.90 and 0.95, respectively. Therefore, they were considered relatively similar in terms of side friction component. Therefore, concrete pile section was used in the FB -Deep program, since the timber pile option was not available. The subsurface conditions from SPT boring TB -2 were selected for modeling. Since the contractor may elect pre -drilling or jetting to get through the dense to very dense sandy gravel layer present at approximate elevation -5 to -6 feet NGVD, two methods of analyses were performed; 1) no pre -drilling or jetting holes, and 2) pre -drilling or jetting through the dense to very dense sandy gravel layer. The FB -Deep pile capacities versus depth plots are included in Appendix A of the report. The plots provide values for Davisson capacity and ultimate capacity (tons), as well as ultimate side friction and end bearing for the proposed pile size. No lateral and uplift design loads were available at the time of this report; therefore, no evaluation for these loading conditions was performed. Once they become available, Dunkelberger will be available to assist with evaluation of their effect on pile recommendations. We recommend that the piles have a center -to -center spacing of at least 3 times their least width. Piles spaced in accordance with this recommendation may be considered to act independently when considering axial loads and group effects may be neglected. We recommend at least one test pile be performed for each structure, each pile size and installation method and their capacities are evaluated using PDA-CAPWAP method. In addition, the piles should be evaluated for drivability for a given driving system before pile driving. DUNKELBERGER Indian River County Page 4 Oslo Road Boat Ramp Improvements Project No. 07-11-2558 All piles should be driven to a minimum blow count criteria to be established in a test pile driving program utilizing the Pile Driving Analyzer (PDA) in a dynamic load test methodology. LIMITATIONS This study has been completed exclusively for Indian River County to specifically evaluate the general subsurface conditions for the proposed Boat Ramp Improvements at the east end of Oslo Road in Indian River County, Florida. Dunkelberger warrants that the recommendations presented herein were based on recognized practices in the disciplines of soil mechanics, foundation engineering and engineering geology. No other warranties are expressed or implied. 6Oo Dunkelberger appreciates the opportunity to assist you on this project. We trust that the information provided in the report is- clear and understandable. However, should you have any questions concerning the report contents or require additional information, please feel free to contact us. Very truly yours, DUNKELBERGER ENGINEERING & TESTING, INC. M. Bahiradhan, P.E. Project Engineer FL Registration No. 67641 MB/CLM/mb 2558 -Boat Ramp Rpt Attachments: ,./o8 Chris L: Mings, P.E. Senior Geotechnical Engineer FL Registration No. 61556 Sheet 1 - Vicinity Map Sheet 2 - Boring Location Plan Sheets 3A and 3B- Subsurface Profiles Appendix A — Pile Capacity Plots and Data Sheets DUNKELBERGER Source: Google. (2008) i 'DRAWN MB CHECKED CLM APPROVED CED 11 ©208 p.0 nig = M .dta ©2008 NAVTEo TM' - TFrrr,s f Use VICINITY MAP BOAT RAMP IMPROVEMENTS OSLO ROAD INDIAN RIVER COUNTY, FLORIDA SCALE NTS REVISED J IDETDUNKELBERGER ENGINEERING & TESTING, INC. Ceolechnicol • Moleriols Testing/lnspection • Environmental DATE 05-09-2008 No J. 07-11-2558 SHEET 1 +r: \\ f ti \oti It/ +� Oxy • I\I 41' NI 1"� I l ":-- + +�91- ?'\,,4'6 + +`�. ++- \.. Awa ," s,_ 115. f 3- +, H 3Z W o. 2 0 0 4Z ct o0 O 0— w0> z m 0 0 z 0 E2 0 G • TESTING. INC. 3 N CO N \ ')4(PPROX LOCAT/ON j , A`' PRONOSED +;c/SH/NC V." 16 „k. + ^� J.. \e _n r 1 / / / ,/ / /y /"c- M1,, }s"' +a6 3 / !.%/ ///ter` � \ 0 q anongp,..y 375 hl.F4 ,{j[ • / / / / / / ( /IFw`..sr�t_.h �- Vl / :16 ar// !'1 II IIIInIl II vi7cmp 4 {f ..! ✓is// -igcis gi'; / Z 1) N0 F0 B • L ...—_. 3.1 .,1� ../ f+ /mm meq, t14.6/ lllY t Ii+A 0 U 0 O m .Z0 r zJ // i+i• nt A-� S o• Km + Locations are approximate , -73 ' /7eio_Ac• o De-- o a � J .s-"L �` \ 6.6 s`T. / / //P - �. \ i i€�• `. \ \`\ f R + ` k N. r SOURCE: INDIAN RIVER COUNTY BORING - TB -1 SURFACE ELEVATION +3.8 +5 -5 f-- LU LL Z Z -15 0 w W -25 -35 —0.5'y 5-08-08 MC=48. -200=50.4 LL=51 34 PI=29 N MC=35.0 -200=58.9 LL=35 PI=13 LEGEND O Gray and brown SAND (A-3) E MC=28.5 -200=4.3 Gray silty SAND (A-2-4) (This unit contains large amount of gravel near the depths of 9 and 39 feet in boring TB -1. This unit in the upper 4 inches in boring AB -1 is fill.) Gray sandy GRAVEL with silt (A-3) Gray clayey SAND (A-2-6) Gray CLAY (A -7-6/A-6) (This unit contains some organics betweeen the depths of 4.7 and 5 feet in boring AB -1.) N — Indicates the number of blows of a 140 pound hammer, freely falling a distance of 30 inches, required to drive a 2 -inch diameter sampler 12 inches (ASTM D 1586) -200 — Amount Passing U.S. Standard No. 200 Sieve (%) MC — Moisture Content (%) OC — Organic Content (%) L L — Liquid Limit (%) PI — Plasticity Index (%) /DRAWN A-3 — AASHTO Soil Classification CHECKED Group Symbol (ASTM M 145) TB -1 — Standard Penetration Test (SPT) boring and number AB -1 — Auger boring and number —0.5 V — Elevation ..f groundwater (Mrvn)feet) REVISED 5-08-08 APPROVED SCALE MC=25.0 -200=33.9 LL=35 PI=13 +0.3 V 5-08-08 MC=42. -200=56.3 LL=53 P1=32 AB -1 +3.3 MC=3.8 00=8.7 MC=7.8 -200=7.0 MC=68.7 -200=33.8 LL=50 P1=2 OC= 7. +5 -5 -15 - 25 - 35 ELEVATION IN FEET (NGV®) NOTES Borings were drilled on May 8, 2008 using a Central Mine Equipment Model 45 (CME 45) drilling rig. Strata boundaries are approximate and represent soil strata at each test hole location only. Soil transitions may be more gradual than implied. Groundwater depths shown on the subsurface profiles represent groundwater surfaces on the dates shown. Groundwater level fluctuations should be anticipated throughout the year. Ground surface elevations at the boring locations were interpolated from the "Oslo Boat Ramp Site Plan" prepared by Indian River County, dated 04/11/08. These elevations should be considered approximate. GD V MB CLM 1"=10' & date measured SUBSURFACE PROFILES BOAT RAMP IMPROVEMENTS OSLO ROAD INDIAN RIVER COUNTY, FLORIDA DUNKELBERGER ENGINEERING & TESTING, INC. Geatechnica! • Materials Testing/Inspection • Environmental AA DATE 5-13-08 NO01' SHEET 07-11-2558 3A, ( BORING SURFACE ELEVATION ELEVATION IN FEET (NGVD) 0 -10 -20 -30 LEGEND -40 Gray SAND (SP) Gray and brown SAND with silt (SP -SM) Gray sandy GRAVEL (GP/GP-GM) Gray silty SAND (SM) Gray shelly SAND (SP) Gray sandy SILT (ML) TB -2 +0.8 N N - Indicates the number of blows of a 140 pound hammer, freely falling a distance of 30 inches, required to drive a 2 -inch diameter sampler 12 inches (ASTM D 1586) 50/2 -200 MC LL PI SP TB -2 —2.8'V `5-08-08 — Indicates fifty SPT hammer blows were required to drive the sampler 2 inches — Amount Passing U.S. Standard No. 200 Sieve (%) - Moisture Content (%) - Liquid Limit (%) — Plasticity Index (%) (DRAWN GD CHECKED MB — Unified Soil Classification System Group Symbol (ASTM D 2487) — Standard Penetration Test (SPT) boring and number - Elevation of groundwater (feet) (NGVD) & date measured APPROVED CLM MC=67.4 -200=69.5 LL=17 PI=3 0 MC=22.5 — 1 0 -200=34.9 LL=18 PI=2 - 20 - 30 -40 ELEVATION IN FEET (NGVD) NOTES (1) Boring was drilled on May 8, 2008 using a Central Mine Equipment Model 45 (CME 45) drilling rig. (2) Strata boundaries are approximate and represent soil strata at each test hole location only. Soil transitions may be more gradual than implied. (3) Groundwater depths shown on the subsurface profile represent groundwater surface on the date shown. Groundwater level fluctuations should be anticipated throughout the year. (4) Ground surface elevations at the boring locations were interpolated from the "Oslo Boat Ramp Slte Plan" prepared by Indian River County, dated 04/11/08. These elevations should be considered approximate. SUBSURFACE PROFILE BOAT RAMP IMPROVEMENTS OSLO ROAD INDIAN RIVER COUNTY, FLORIDA SCALE 1"=10' REVISED DUNKELBERGER ENGINEERING & TESTING, INC. Geotechnical • Materials resting/Inspection • Environmental DATE 5-13-08 No • a, 07-11-2558 SHEET 3B APPENDIX A PILE CAPACITY PLOTS AND DATA SHEETS Jib Navas: Oslo Road Boat F State b (Pr ject) #: 07-11-2558 T 1_ E v A T I O N ( e1 =1 -o 10 20 30 40 Capacity(tons ® 01 Ultimate Side Friction 02 Mobilized End Bearing El 03 Ultimate Pile Capacity ® 04 Estimated Davisson Cap. *06 Allowable Pile Cap. Driven Piles Boring Number: TB -2 G. Elev. =1.00(6) Section: Round Diameter=10.00(in) File: Pile Capacptiy Calc -no predrill Date: Jul 01, 2008 Engineer: Bahi I i i I i. 1 .I ! �V t. 1 2 I' � I ' i I. -o 10 20 30 40 Capacity(tons ® 01 Ultimate Side Friction 02 Mobilized End Bearing El 03 Ultimate Pile Capacity ® 04 Estimated Davisson Cap. *06 Allowable Pile Cap. Driven Piles Boring Number: TB -2 G. Elev. =1.00(6) Section: Round Diameter=10.00(in) File: Pile Capacptiy Calc -no predrill Date: Jul 01, 2008 Engineer: Bahi Shaft002 . trap Florida Bride Software Institute Shaft and Pile Analysis (FB -Deep v.1.23) Date: July 01, 2008 Time: 09:12:25 General Information: Input file: .....at Ramp\Pile'Capacity Runs\Pile Capacptiy Calc -no predrill.spc Project number: 07-11-2558 Job name: Oslo Road Boat Ramp Engineer: Bahl Units: English Soil Information: Boring date: 05/08/08, Boring Station number and offset: Ground Elevation: 1.000(ft) Hammer type: safety Hammer ID Depth No. of Blows (ft) (Blows/ft) number: TB -2 Soil Type Layer Num. 1 0.000 2 2.000 3 4.000 4 6.000 5 8.000 6 10.000 7 15.000 8 20.000 9 25.000 10 30.000 11 35.000 12 40.000 1.000 7.000 2.000 8.000 100.000 19.000 8.000 13.000 12.000 17.000 10.000 9.000 Blowcount 3- Clean sand 3- Clean sand 2- Clay and silty sand 3- Clean sand 3- Clean sand 3- Clean sand 3- Clean sand 3- Clean sand 3- Clean sand 3- Clean sand 3- clean sand 3- Clean sand Average Per Soil Layer Starting Bottom Thickness Elevation Elevation (ft) (ft) (ft) 1 1.00 2 -3.00 3 -5.00 Driven Pile Data: -3.00 -5.00 -39.00 4.00 2.00 34.00 Average Blowcount (Blows/ft) 4.00 2.00 17.97 Pile unit weight = 40.00(pcf), Section Type: Round Pile Geometry: width (in) Length Tip Elev. (ft) (ft) 10.00 10.00 10.00 10.00 1.00 2.00 3.00 4.00 0.00 - 1.00 - 2.00 - 3.00 Page 1 Soil Type 3 clean Sand 2 Clay and Silty Sand 3 Clean Sand 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 18.00 19.00 20.00 21.00 22.00 23.00 24.00 25.00 26.00 27.00 28.00 29.00 30.00 31.00 32.00 33.00 34.00 35.00 36.00 37.00 38.00 39.00 40.00 Driven Pile Capacity: Test Pile Ultimate Pile width side Length Friction (ft) (in) (tons) shaft002 . tmp -4.00 -5.00 - 6.00 - 7.00 -8.00 - 9.00 -10.00 - 11.00 - 12.00 - 13.00 - 14.00 -15.00 -16.00 -17.00 -18.00 -19.00 - 20.00 - 21.00 -22.00 -23.00 -24.00 -25.00 -26.00 -27.00 -28.00 - 29.00 -30.00 -31.00 -32.00 - 33.00 - 34.00 -35.00 -36.00 -37.00 -38.00 -39.00 Mobilized End Bearing (tons) Estimated Davisson Capacity (tons) Allowable Pile Capacity (tons) Ultimate Pile Capacity (tons) 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 0.09 0.35 0.61 0.70 0.75 1.09 2.02 4.29 6.95 8.41 9.30 10.08 10.75 11.31 11.76 1.73 1.88 2.10 3.64 4.89 12.47 12.71 12.70 11.85 11.39 11.49 11.39 11.10 10.11 8.32 1.82 2.23 2.70 4.33 5.64 13.57 14.73 16.99 18.80 19.80 20.78 21.47 21.85 21.42 20.08 Page 2 0.91 1.12 1.35 2.17 2.82 6.78 7.37 8.50 9.40 9.90 10.39 10.73 10.92 10.71 10.04 5.28 6.00 6.89 11.61 15.43 38.52 40.16 42.39 42.49 42.58 43.76 44.24 44.04 41.64 36,73 5haft002.tmp 16.0 10.0 12.19 7.11 19.30 9.65 33.52 17.0 10.0 12.66 6.79 19.45 9.73 33.04 13.0 10.0 13.18 6.74 19.92 9.96 33.41 19.0 10.0 13.75 6.71 20.47 10.23 33.89 20.0 10.0 14.38 6.70 21.08 10.54 34.48 21.0 10.0 15.02 6.75 21.76 10.88 35.26 22.0 10.0 15.65 6.87 22.52 11.26 36.26 23.0 10.0 16.27 7.02 23.29 11.65 37.33 24.0 10.0 16.88 7.24 24.12 12.06 38.60 25.0 10.0 17.48 7.53 25.01 12.51 40.06 26.0 10.0 18.11 7.85 25.95 12.98 41.65 27.0 10.0 18.78 8.17 26.95 13.47 43.29 28.0 10.0 19.50 8.43 27.93 13.97 44.80 29.0 10.0 20.27 8.51 28.78 14.39 45.80 30.0 10.0 21.09 8.40 29.49 14.75 46.29 31.0 10.0 21.90 8.17 30.07 15.04 46.41 32.0 10.0 22.64 7.88 30.53 15.26 46.30 33.0 10.0 23.31 7.56 30.87 15.44 45.98 34.0 10.0 23.92 7.24 31.16 15.58 45.65 35.0 10.0 24.45 6.94 31.39 15.70 45.28 36.0 10.0 24.94 6.63 31.57 15.78 44.82 37.0 10.0 25.42 6.26 31.69 15.84 44.27 38.0 10.0 ********** Not enough soil data ******* 39.0 10.0 ********** Not enough soil data ******* 40.0 10.0 ****** Pile length is too long ****** NOTES ------- 1. MOBIL/ZED END BEARING IS 1/3 OF THE ORIGINAL RB -121 VALUES. 2. DAVISSON PILE CAPACITY IS AN ESTIMATE BASED ON FAILURE CRITERIA, AND EQUALS ULTIMATE SIDE FRICTION PLUS MOBILIZED END BEARING, MINUS PILE WEIGHT. 3. ALLOWABLE PILE CAPACITY IS 1/2 THE DAVISSON PILE CAPACITY. 4. ULTIMATE PILE CAPACITY IS ULTIMATE SIDE FRICTION PLUS 3 x THE MOBILIZED END BEARING, MINUS PILE WEIGHT. EXCEPTION: FOR H -PILES TIPPED IN SAND OR LIMESTONE, THE ULTIMATE PILE CAPACITY IS ULTIMATE SIDE FRICTION PLUS 2 x THE MOBILIZED END BEARING, MINUS PILE WEIGHT. Page 3 Job Nal e: Oslo Riad Boat F State Job (Project) #: 07-11=2558 I P E L E V A T i 0 N (t) -4 -s, 12 16 20 24 )$ 32 i6 .. F �N 1 \ � F i I 0 10 20 l0 Canacitv(tens A 01 Ultimate Side Friction ®02 Mobilized End Bearing 003 Ultimate Pile Capacity 04 Estimated Davisson Cap. 4905 Allowable Pile Cap. Driven Piles Boring Number: TB -2 G. Elev.= 1.00(ft) Section: Round Diameter=10.00(in) File: Pile Capacptiy Calc -with predrill Date: Jul 01, 2008 Engineer: Bahi Shaft002 . trap Florida Bridge Software Institute Shaft and Pile Analysis (Fa -Deep v.1.23) Date: July 01, 2008 Time: 09:14:54 General Information: Input file• Ramp\Pile Capacity Runs\Pile Capacptiy Calc -with predrill.spc Project number: 07-11-2558 Job name: Oslo Road Boat Ramp Engineer: Bahl Units: English Soil Information: Boring date: 05/08/08, Boring number: TB -2 Station number and offset: Ground Elevation: 1.000(ft) Hammer type: Safety Hammer ID Depth No. of Blows Soil Type (ft) (Blows/ft) 1 0.000 1.000 5- Cavity layer 2 2.000 7.000 5- Cavity layer 3 4.000 2.000 5- Cavity layer 4 6.000 8.000 5- Cavity layer 5 7.000 100.000 5- Cavity layer 6 9.900 100.000 5- Cavity layer 7 10.000 19.000 3- Clean sand 8 15.000 8.000 3- Clean sand 9 20.000 13.000 3- Clean sand 10 25.000 12.000 3- Clean sand 11 30.000 17.000 3- Clean sand 12 35.000 10.000 3- Clean sand 13 40.000 9.000 3- Clean sand Blowcount Average Per Soil Layer Layer Starting Bottom Thickness Average Num. Elevation Elevation Blowcount (ft) (ft) (ft) (Blows/ft) Soil Type 1 1.00 -9.00 10.00 32.80 5 void 2 -9.00 -39.00 30.00 13.17 3 Clean Sand Driven Pile Data: Pile unit weight = 40.00(pcf), Section Type: Round Pile Geometry: width Length Tip Elev. (in) (ft) (ft) 10.00 10.00 10.00 10.00 1.00 2.00 3.00 4.00 0.00 -1.00 -2.00 -3.00 Page 1 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 18.00 19.00 20.00 21.00 22.00 23.00 24.00 25.00 26.00 27.00 28.00 29.00 30.00 31.00 32.00 33.00 34.00 35.00 36.00 37.00 38.00 39.00 40.00 Driven Pile capacity: Test Pile Pile width Length (ft) (in) Ultimate Side Friction (tons) - 4.00 - 5.00 -6.00 -7.00 -8.00 - 9.00 -10.00 -11.00 -12.00 - 13.00 - 14.00 -15.00 -16.00 - 17.00 -18.00 -19.00 - 20.00 - 21.00 - 22.00 - 23.00 -24.00 - 25.00 - 26.00 - 27.00 -28.00 -29.00 -30.00 - 31.00 -32.00 -33.00 - 34.00 -35.00 -36.00 - 37.00 -38.00 - 39.00 shaft002.tmp mobilized End searing (tons) Estimated Davisson Capacity (tons) Allowable Pile Capacity (tons) ultimate Pile capacity (tons) 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.05 0.91 1.66 2.29 2.72 2.97 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.64 4..65 4.68 4.74 4.94 5.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.68 5.57 6.35 7.03 7.66 8.34 Page 2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.34 2.78 3.17 3.51 3.83 4.17 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13.95 14.87 15.72 16.52 17.54 19.09 16.0 10.0 3.20 17.0 10.0 3.58 18.0 10.0 4.12 19.0 10.0 4.69 20.0 10.0 5.31 21.0 10.0 5.95 22.0 10.0 6.58 23.0 10.0 7.20 24.0 10.0 7.81 25.0 10.0 8.41 26.0 10.0 9.03 27.0 10.0 9.70 28.0 10.0 10.41 29.0 10.0 11.17 30.0 10.0 11.98 31.0 10.0 12.78 32.0 10.0 13.52 33.0 10.0 14.19 34.0 10.0 14.79 35.0 10.0 15.33 36.0 10.0 15.83 6.63 37.0 10.0 16.32 6.26 38.0 10.0 ********** Not enough 39.0 10.0 ********** Not enough 40.0 10.0 ****** Pile length is Shaft002.tmp 6.05 9.25 4.62 21.34 6.65 10.23 5.11 23.53 6.74 10.86 5.43 24.35 6.71 11.41 5.70 24.83 6.70 12.01 6.01 25.42 6.75 12.69 6.35 26.19 6.87 13.45 6.72 27.19 7.02 14.22 7.11 28.26 7.24 15.05 7.52 29.53 7.53 15.94 7.97 30.99 7.85 16.88 8.44 32.57 8.17 17.87 8.93 34.21 8.43 18.84 9.42 35.71 8.51 19.68 9.84 36.70 8.40 20.38 10.19 37.18 8.17 20.95 10.48 37.29 7.88 21.40 10.70 37.17 7.56 21.75 10.87 36.86 7.24 22.04 11.02 36.52 6.94 22.28 11.14 36.17 35.71 35.11 NOTES 22.46 11.23 22.58. 11.2,q soil data ******* - soil data ******* too long ****** 1. MOBILIZED END BEARING IS 1/3 OF THE ORIGINAL RB -121 VALUES. 2. DAVISSON PILE CAPACITY IS AN ESTIMATE BASED ON FAILURE CRITERIA, AND EQUALS ULTIMATE SIDE FRICTION PLUS MOBILIZED END BEARING, MINUS PILE WEIGHT. 3. ALLOWABLE PILE CAPACITY IS 1/2 THE DAVISSON PILE CAPACITY. 4. ULTIMATE PILE CAPACITY IS ULTIMATE SIDE FRICTION PLUS 3 x THE MOBILIZED END BEARING, MINUS PILE WEIGHT. EXCEPTION: FOR H -PILES TIPPED IN SAND OR LIMESTONE, THE ULTIMATE PILE CAPACITY IS ULTIMATE SIDE FRICTION PLUS 2 x THE MOBILIZED END BEARING, MINUS PILE WEIGHT. Page 3