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HomeMy WebLinkAbout2008-0241 12 INDIAN RIVER COUNTY'"v-'0.y BOARD OF COUNTY COMMISSIONERS Department of Utility Services Vero Lake Estates Water Main — Phase II Project No. UCP 2958 Indian River County Bid No: 2008020 Masteller & Moler, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960 DIVISION 0 TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS 00020 Advertisement for Bids 00100 Instruction to Bidders 00300 Bid Form & Trench Safety Act Compliance Statement 00410 AIA Document A310 Bid Bond 00431 Schedule of Subcontractors 00452 Disclosure of Relationships 00456 General Information Required of Bidders 00530 EJCDC - Agreement Between Owner and Contractor 00610 Construction Performance Bond 00612 Payment Bond 00700 Standard General Conditions of Construction Contract 00800 Supplementary Conditions 00850 Drawing Index 00900 Addenda 00901 Approved Permits DIVISION 1 GENERAL REQUIREMENTS 01010 Summary of Work 01025 Measurement and Payment 01035 Change Order Procedures 01050 Field Engineering 01052 Applications for Payment 01060 Regulatory Requirements and Notification 01090 Reference Standards 01110 Environmental Protection Procedures 01200 Project Meetings 01300 Submittals 01311 Construction Schedules 01370 Schedule of Values 01381 Audio Visual Documentation 01410 Testing Laboratory Services 01445 Pipeline( Testing and Cleaning 01600 Delivery, Storage and Handling 01630 Substitutions and Product Options 01700 Contract Close-out 01720 Record Drawings 01740 Warranties and Bonds i H:1Projects%0741\1Bidding Contract SpecificationsSSpec Template120071Table of Contents.doc DIVISION 2 SITE WORK 02000 Water and Wastewater Utility Standards 02115 Tree Protection and Trimming 02200 Earthwork 02320 Trenchless Installation of Pressure Mains by Directional Boring 02401 Dewatering 02485 Grassing 02576 Pavement, Sidewalk, and Driveway Replacement 02610 Restrained Joints, Excavation, and Backfilling 02623 Water Mains Polyvinyl Chloride Pipe 02625 Water Mains Ductile Iron Pipe and Fittings 02627 Water Mains Polyethylene Pipe 02630 Miscellaneous Valves and Appurtenances 02640 Fire Hydrant Assembly 02641 Non -paved Driveway Restoration 02660 Testing and Inspection of Water Mains END OF SECTION ii H:1Projects1074111Bidding Contract SpecificationstSpec Template120071Table of Contents.doc DIVISION 0 BIDDING AND CONSTRUCTION REQUIREMENTS 1 SECTION 00020 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY The Indian River County (IRC) Board of County Commissioners is accepting sear bids for the construction of the Vero Lake Estates Water Main — Phase 11 site. Bids will be received by Indian River County marked "Sealed Bid' until 2:00 P.M. 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 "Vero Lake Estates Water Main — Phase 11 Bid No. 2008020, UCP # 2958' Only bids received on or before the time and date listed will be considered. Bids should be addressed to Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960. All bids will be opened publidy and read aloud at 2:00 PM. Deadline for receipt of bids has been set for Thursday, January 10, 2008. All bids received after 2:00 P.M. will be retumed unopened. 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 Masteller & Moler, Inc. 1655 27n' Street. Suite 2. Vero Beach, Florida 32960 (772-567- 5300). Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Mastelier & Moler, Inc., in the amount of One Hundred Fifty ($150.00) Dollars for each set, which represents cost of printing, handling and is non refundable. Communicaations concerning this bid shall be directed to IRC Purchasing Department at 772-567-8000 Ext 1416. All bids shall be submitted in Duplicate on the Bid Proposal forms provided within the specifications. A BID SECURITY must accompany each Bid, and be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or certified check or cashier's check on any bank authorized to do business in the State of Florida, 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 County and furnish the required Performance and Payment Bonds within "the timeframe set by the County. If Bidder fails to do so, the Bid Security shall retained by the County as liquidated damages and not as a penalty. The County reserves the right to delay awarding of the Contract for a period of ninety (90) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgment, will serve the best interest of IRC Florida. IRC is an Equal Opportunity Employer. A Pre -Bid Conference meeting will be held on Wednesday. December 19. 2007 at 2:00 P.M. in the Indian River County Utilities Services Conference Room in Indian River County, 1801 27th Street, Vero Beach, FL 32960. This meeting is NON -MANDATORY. INDIAN RIVER COUNTY PURCHASING MANAGER For Publication in the Vero Beach Press Journal (Date): December 5. 2007 Please fumish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Vero Beach, Florida 32960 Advertisement for Bids 00020-1 H1Projects‘07411Bidding Contrail Specilc abons%Spec Tempiate12007\00020Wdvertiisement for Bid.doc SECTION 00100 INSTRUCTIONS TO BIDDERS (Based Upon EJCDC No. C-700, 2002 Ed.) 1.01 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. C-700, 2002 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" indudes the Advertisement or Invitation to Bid, Instructions to Bidders, The Bid Form, Disclosure of Relationships Statement, General Information Regarding Bidder, and the proposed Contract Documents (induding all Addenda issued prior to receipt of Bids). 1.02 COPIES OF BIDDING DOCUMENTS A. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from Engineer Earl H. Masteller P.E., DEE, Masteller & Moler, Inc., 1655 27th Street, Suite 2, Vero Beach, Florida 32960, telephone (772) 567-5300, fax (772) 794- 1106. B. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. C. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use of the Bidding Documents. 1.03 QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within 5 days of Owner's request, written evidence, such as financial data, previous experience, present commitments, and other such data as may be necessary to prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and is prepared to complete the work within the stated time period. '1.04 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. It is the responsibility of each Bidder, before submitting a bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost progress, performance, or fumishing of the work, (c) consider federal, state, and local laws and regulations that may affect costs, progress, performance, or fumishing of the work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, or discrepancies in the Contract Documents. 00100-1 H\Project\07411Bidding Contract SpecificationssSpec Template120071001001Instrudions to Bidders.doc B. Reference is made to the Supplementary Conditions for identification of: 1. Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations, or opinions contained therein or for the completeness thereof the purposes of bidding or construction. To obtain access to the site, the following shall be contacted: Michael Hotchkiss, P.E., Indian River County Utilities. The site is located at 87th Street, 99th Court and 95th Court in Vero Lake Estates. 2. Those drawings of physical conditions in relation to existing surface and subsurface conditions (except underground facilities) which are at or contiguous to the site have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings, but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 1.04.81 and 1.04.62 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. C. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. D. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. E. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies,' and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or fumishing of the work and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. 00100-2 H\roject►07411Bidding Contract Spedfications1Spec Template\20071001001Instructions to Bidders.doc F. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. G. The lands upon which the work is to be performed, right-of-way and easements for access thereto and other lands designed for use by the Contractor in performing the work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by and paid for by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents. H. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this the Instruction to Bidder, that without exception the Bid is premised upon performing and fumishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and fumishing of the work. 1.05 INTERPRETATIONS AND ADDENDA A. Ail questions about the meanings or intent of the Contract Documents are to be directed in writing to the Purchasing Department. Interpretation or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received Tess than ten days prior to the date for the opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will not be binding and will be without legal effect. B. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 1.06 BID SECURITY A. Each Bid must be accompanied by Bid security made payable to Owner in an amountfof five percent of the Bidder's maximum base bid price and in the form of a certified or cashiers check or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. B. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award, and the Bid security of that Bidder will be retained by the County. 00100-3 H\Projecri07411Bidding Contract Specifications1Spec Template12007100100Vnstructions to Bidders.doc The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh (7) day after the effective date of the Agreement or the ninety-first (91) day after the Bid opening, whereupon Bid security fumished by such Bidders will be returned. Bid security with bids which are not competitive may be returned before the end of the ninety -day (90) period. 1.07 CONTRACT TIME The number of days within which, or dates by which, the work is to be substantially completed and also complete and ready for final payment (the Contract Time) are set forth in the Bid Form (Section 00300) and the Agreement (Section 00530). 1.08 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement (Section 00530). 1.09 SUBSTITUTE OR "OR EQUAL" ITEMS The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be fumished 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 Paragraph 6.05 of the General Conditions and may be supplemented in the General Requirements. 1.10 BID FORM A. The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or'the issuing office). B. All blanks on the Bid Form must be completed in ink or by typewriter. C. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. D. Bids by partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and official address of the partnership must be shown below the signature. E. All names must be typed or printed below the signature. F. The Bid shall contain an acknowledgment of receipt of all Addenda (the number of which must be filled in on the Bid Form). 00100-4 H\Project10741 \Bidding Contract specifications1Spec Template120071001001instsuctions to Bidders.doc i G. The address and telephone number for communications regarding the Bid must be shown. H. Additional forms to be submitted with Bid Form include: Section 00452 — "Disclosure of Relationships"; Section 00456 — "General Information Required for Bidders" and "Trench Safety Act Compliance Statement." 1.11 SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. A. The Bidder shall submit the Bid in duplicate on the forms, or an exact copy of the forms, fumished herewith. The blank spaces on the Bid Form shall be filled in correctly for each Bid Item for which a Bid is submitted. B. The Owner will consider only those bids received from parties who have obtained Contract Documents directly from the Owner or the Owners Engineer. Contract Documents are not transferable to other parties for bidding purposes. Bids received from firms whose names are not recorded by the Owner or the Engineer as having secured documents for this Contract will be rejected. 1.12 MODIFICATION AND WITHDRAWAL OF BIDS A. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. B. If, within two business days after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of 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 retumed. Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents 1.13 OPENING OF BIDS Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 1.14 BIDS TO REMAIN SUBJECT OF ACCEPTANCE All bids will remain subject to acceptance for ninety days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 00100-5 H\Project\0741\Bidding Contract SpedflcationsSSpec Template12007100100Nnstructions to Bidders.doc 1.15 AWARD OF CONTRACT A. Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non- conforming, non-responsive, unbalanced, or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to the Bidder. Discrepancies in the multiplication of units of work and 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. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. B. In evaluating Bids, Owner will consider the qualifications of the Bidder, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. C. Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of subcontractors, suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice to Award. D. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and fumish the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. E. If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Owner. F. If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within ninety days after the day of the Bid opening. 00100-6 HU'rojectk0741 Bidding Contract Specirications%Spec Template120071001000nstructions to Bidders.doc G. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that one Bidder is financially interested in more than one proposal for the same work will cause the rejection of all proposals in which such Bidders are believed to be interested. Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the same work. H. Within ten (10) calendar days of the date of the Notice of Award of the Contract, the Bidder to whom the Contract is awarded shall execute and deliver two (2) original Contracts to the Owner, together with a Payment Bond for the total amount of the Bid, a Performance Bond for 100 percent of the Bid in the forms set forth in the Contract Documents and General Conditions; and all required insurance certificates, before the Contract will be executed by the Owner. I. Failure upon the part of the Bidder to whom the Contract has been awarded to execute and deliver the Contract Payment and Perfomhance Bonds and required insurance in the manner and within the time provided shall be just cause for cancellation of the award. It is understood and agreed by said Bidder, that if the award is cancelled for the above persons, the certified check or Bid Bond shall become the property of the Owner, not as a penalty, but as liquidated damages. 1.16 PAYMENT AND PERFORMANCE BONDS The successful Bidder as Contractor shall fumish the County immediately upon execution of the Contract a Performance Bond in an amount equal to 100 percent of the contract price and a Payment Bond in an amount equal to 100 percent of the contract price, each in the form provided in the Contract Documents. The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties. The successful Bidder shall require the attomey-in-fact, who executed the Payment Bond and the Performance Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the successful Bidder shall provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. The Contractor shall provide two separate bonds; a combined Payment and Performance Bond for 100 percent of the contract price is not an acceptable substitute. 1.17 PUBLIC DISCLOSURE STATEMENT Any entity entering into a contract with Indian River County as Owner shall disclose any relationship that may exist between the contracting entity and an Indian River County Commissioner or Indian River County employee. The relationship with either must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son- in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 00100-7 H1Project107411Bidding Contract Spear�cations1Spec Template120071001000nstructions to Bidders.doc 1.18 FLORIDA PRODUCED LUMBER The selected Bidder as Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, as such statute may be amended from time to time, wherein Indian River County as Owner must specify lumber, timber and other forest products produced and manufactured in Florida whenever such products are available and their price, fitness and quality are equal. 1.19 TRENCH SAFETY Florida Statutes Section 553.60 through 553.64, known as the "Trench Safety Act" requires all contractors engaged by Indian River County, Florida to comply with Occupational Safety and Health Administration's excavation safety standard, found in 29 C.F.R. s. 1926.650 Subpart P. All prospective subcontractors are required to sign a Trench Safety Act Compliance Statement and provide compliance cost information where indicated. The costs for complying with the Trench Safety Act must be incorporated into the Bid. 1.20 PUBLIC ENTITY CRIME STATEMENT Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $25,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 1.21 PERMITS, IMPACT, AND INSPECTION FEES. In accordance with Florida Statutes Section 218.80, the "Public Bid Disclosure Act", Indian River County as OWNER is obligated to disclose all license, permit, impact, or inspection fees that are payable to Indian River County in connection with the construction of the Work by the accepted bidder. ALL PERMIT, IMPACT, OR INSPECTION FEES PAYABLE TO INDIAN RIVER COUNTY IN CONNECTION WITH THE WORK ON THIS COUNTY PROJECT WILL BE PAID BY INDIAN RIVER COUNTY, WITH THE EXCEPTION OF RE -INSPECTION FEES AS SET FORTH IN THE CONTRACT. The bidder will not include ANY PERMIT, IMPACT, OR INSPECTION FEES payable to Indian River County in the bid. END OF SECTION 00100-8 H1Project107411Bidding Contract Spec ifIcationslSpec Tempiate120071001000nstrudions to Bidders.doc SECTION 00300 BID FORM (Based Upon EJCDC No.0-700, 2002 Ed.) PROJECT IDENTIFICATION: Indian River County Bid #2008020 Vero Lake Estates Water Main - Phase II PROJECT DESCRIPTION: CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following: Construction of approximately 3,300 LF of 12" Water Main and associated appurtenances along 87th Street and approximately 10,000 LF of 8" diameter water main and associated appurtenances along 95th Court and 99th Court. Construction consists of, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances; 12" directional bore, 8" directional bores; valves, fire hydrant assemblies; wet tap, restrainers, soil compaction, disinfection, testing, (includes providing temporary jumper or another approved method for disinfection and flushing); irrigation repair; non -paved road restoration; non -paved drive restoration; sod; private property replacement or repair, franchise utility repair, and traffic control. PVC pipe shall be C-900 per Indian River County Utility Standards and Specifications. THIS BID IS SUBMITTED TO: Indian River County Purchasing Department 1800 27th Street Vero Beach, FL 32960 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and fumish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. Bidder will sign and submit the Agreement with the bonds and other documents- required by the Bidding Requirements within ten (10) calendar days after the date of Owner's Notice of Award. 00300-1 H\Projects O7411Bidding Contract Specirications1Spec Tempiate120071003001Bid Form.doc 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number (b) Bidder has familiarized itself with the nature and extent of the Contract Documents, the work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or finishing of the work. (c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. (d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the contract price, within the contract time and in accordance with the other terms and conditions of the contract documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examination, investigations, explorations, test, reports, studies or similar information or date or will be required by Bidder for such purposes. (e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by Bidder in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (f) 00300-2 (g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. Bidder will complete and include with the bid the Schedule of Bid Items attached to this proposal. The quantities shown on the Schedule of Bid Items are approximate quantities to be used for the purpose of comparing bids. The actual quantities may vary. It is further understood that the actual amount of the Agreement, and payments there under, will be based upon the actual quantities placed into the work. 5. Bidder agrees that the work will be completed in accordance with the following timeframe. (a) Within 15 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 16 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 91 calendar days to 120 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 00300-3 H\Projects1074118idding Contract SpecificationMSpec Temptate12007\00300\Bid Form.doc Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 6. The following documents are attached to and made a part of this Bid: (a) Certificate of Compliance with the Florida Trench Safety Act (Section 00300 Bid Form). (b) Disclosure of Relationships (Section 00452) (c) General Information Required for Bidders (Section 00456) 7. The terms used in this Bid, which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents, have the meanings assigned to them in the General Conditions. Contractor acknowledges the insurance requirements of Section 00700 as amended by Section 00800 and any other addendums and agrees to provide said insurance upon award of contract. BIDDER INFORMATION: SUBMITTED ON: 1 I � I.D Ic C DATE) SUBMITTED BY: tmL V ... r7 .tL- AMI F BIDDER) 3 Lo Old C� )yr-£ / 1 RC1 (STREET ADDRESS) Y� 8� `'' co (CITY, STATE, ZIP) / 5' I cOO (PHONE #) \ Cly (/ g S J (FAx #) ros-e '76.) be/LSO-al d,h1;12-1- (P - a w'► ` V( / a (FEDERAL ID #) � (FLORIDA LICENSE #) ,,Q, SIGNED BY: �� �1�' f 1CT� (PRINTED NAME) (TITLE) C&Cb Q`-1 (SIGNATURE) 00300-4 SCHEDULE OF BID ITEMS All bid items shall include costs for furnishing to the OWNER all materials, equipment, and supplies and for all costs incurred in completing the work including installation of all materials, equipment, and supplies fumished, complete in place and ready for continued service, all other labor, taxes, insurance, miscellaneous costs, overhead and profit. 00300-5 H\Projects107411Bidding Contract SpecificationslSpec Template120071003001Bid Form.doc Indian River County Department of Utilities BID FORM 0030-5A Project: VERO LAKE ESTATES WATER MAIN - PHASE II Indian River County Bid No. 2008020 September TOTAL CONSTRUCTION COST Lill, LIStr The unit price bid for furnishing and installation/construction of water main shall include, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, removing, disposing of and replacing unsuitable (i.e., plastic or organic) material, dewatering, installation of pipe and all appurtenances, trace wires, sleeves, fittings, restrainers, filling trench, soil compaction, disinfection, flushing, sampling, testing (includes providing temporary jumper or another approved method for filling water main), irrigation repair, removal, disposition and replacement of surface over trench to pre -construction conditions, restoration of any pavement or sidewalk damaged or destroyed, traffic maintenance/control, demobilization, Trench Safety Act Compliance, Payment Bond and Performance Bond, axl construction staking. The PVC pipe shall be C-900. All materials and installation shall be per Indian River County Utility Standards and Specifications unless otherwise noted in the bid documents. Contractor will be provided with a copy of construction plans in AutoCADD format, which includes location reference to state plane coordinates to use in preparing Record Drawings. Contractor's Bid Item List Bid Item No. Bid Item Description Estimated Quantity Unit of Measure Unit Price Total Price 1 Furnish & Install 12" Water Main 3,300 LF a3•C'CI 00J'' 2 Furnish & Install 8" Water Main 10,000 LF ILI,CO f 44Q C=t:' 3 Furnish & Install 12" Directional Bore 700 LF SW)(' 5.71407cp- 4 Furnish & Install 8" Directional Bore 700 LF LRo' ' 32 2 00.442. 5 Furnish & Install Fire Hydrant, Gate Valve & Box 17 EA a(.k aow q4 /f 6 Furnish & Install 12" GV&B 4 EA c`'r' 7 Furnish & Install 8" GV&B 13 EA (a (h ) iSici -c --- 8 20" x 12" Wet Tap w/Tapping Valve 1 EA 5P co''' ).,,A,--'`.' 9 12" x 12" Wet Tap w/Tapping Valve 1 EA q CO roc:C) Lf or, 10 12" x 8" Wet Tap w/Tapping Valve 2 EA a qcocc) s- 11 Air Release Valves 6 EA 3 530c) 4 3CG '' 12 Temporary Jumper Connections 2 EA ;c (Q 00'C) G= 13 Bacteriological Sample Points 18 EA =' F Co �,,�° C,��.R-) 14 Fittings 1 Ton c5�.J 3,R1-1 'ci 15 Non -Paved Road Restoration 600 LF ST°=+-' 3r 16 Non Paved Drive Restoration 800 LF b- _ 14 Tar. 17 Sod 13,300 LF 1— (5r -R -7t+- 18 Project Record Documents (As -Built Survey) 1 LS (p' — (1-257 ' Subtotal Water Facilities = 41' t-159 19 Mobilization (See Section 01025) 1 LS 44. Aa OCU lye (a - - y° TOTAL CONSTRUCTION COST Lill, LIStr The unit price bid for furnishing and installation/construction of water main shall include, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, removing, disposing of and replacing unsuitable (i.e., plastic or organic) material, dewatering, installation of pipe and all appurtenances, trace wires, sleeves, fittings, restrainers, filling trench, soil compaction, disinfection, flushing, sampling, testing (includes providing temporary jumper or another approved method for filling water main), irrigation repair, removal, disposition and replacement of surface over trench to pre -construction conditions, restoration of any pavement or sidewalk damaged or destroyed, traffic maintenance/control, demobilization, Trench Safety Act Compliance, Payment Bond and Performance Bond, axl construction staking. The PVC pipe shall be C-900. All materials and installation shall be per Indian River County Utility Standards and Specifications unless otherwise noted in the bid documents. Contractor will be provided with a copy of construction plans in AutoCADD format, which includes location reference to state plane coordinates to use in preparing Record Drawings. Contractor's Bid Item List TRENCH SAFETY ACT COMPLIANCE STATEMENT Project VZ1?J. ii ( ES!I , tac - in2a'? Pf/ I/ Bid Number # ,a DO S 036) (J,O Instructions Florida Statutes Sections 553.60 through 553.64, known as the "Trench Safety Act" requires all contractors engaged by Indian River County, Florida to comply with Occupational Safety and Health Administration's excavation safety standard, found in 29 C.F.R. s. 1926.650 Subpart P. All prospective contractors are required to sign this Trench Safety Act Compliance Statement and provide compliance cost information where indicated below. The costs for complying with the Trench Safety Act must be incorporated into this Project's base Bid. Certify this Statement in the presence of a notary public. Certification 1. I understand that the Trench Safety Act requires me to comply with OSHA excavation safety standards found in 29 C.F.R. section 1926.650 Subpart P. I will comply with The Trench Safety Act and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this Project. 2. The estimated cost imposed by compliance with The Trench Safety Act will be: 100 Dollars $ 10 c0 per linear foot of trench to be excavated. 3. The estimated cost imposed by compliance with the Trench Safety Act will be: Dollars $.16 per square foot of special shoring used. 4. The amount listed above has been included within the Base Bid. Certified: yn �.1�- r� 1( . %12. Coif ! l od'�.l`..c iiC' (Contractor) By: c r 4 7.)Qi,d_ (Signature) Q-ke.-LLDO (Typed or Printed Name) STATE OF: COUNTY OF: I'\; D i ('4-V.0 A i o. The foregoing instrument was acknowledged before me this If /"t -V-1 of t Y� 1r:�� by 1 i v m f‘ -C).',4(-7 -©fes who is personally known -to me or has produced s fifItlitior atid-wh-o did did not) take an oath. Notary Public-.' My Commissib Expires: 00300-6 GLORIA J. KUa9c$( MY COMMISSION # DD 719964 EXPIRES: May 26, 2009 Bonded Thru Notary pudic Undnrailsp If Bidder is: A CORPORATION J I►iCl rc tc Inc (Clorporation Name) By: By:/110re'' rp rat pn) (Names of Person Authorized to Sign) t (Corporate Seal) ATTEST: (Titl Business address: 136.0 `C t. d 1y.1 Q huJk4 5 41-0(0 By: (SEAL) Business address: (General Partner) END OF SECTION 00300-7 Ii\Projects10741113idding Contract Specifications\Spec Template120071003001Bid Form.doc THE AMERICAN INSTITUTE OF ARCHITECTS 1364D#BB01914 COPY AIA Document A310 Bid Bond {NO1 V ALL MEN EY THESE P1tEiSENTS, that_we Timothy Rose Contracting, Inc. 1360 SW Old Dixie Hwy., Ste 106 (Hare tnseniLil nano and adds= orkual6ue of oii*racted Vero Beach, FL 32962 as Principal, hereinafter called the Principal, aud Developers Surety and Indemnity Company a corporation duly organized under the laws of the State of;I Ow as: Surety, hereinafter talleclthe Surety, are held and firmly bound'unto Indian River County 1800 27 Street Vero Beach, FL 32960 (Bats insert full paw And address or fitly oro r) as Obligee, hereinafter called the Obligee,- in the sum of The Percent of Amount Bid -Dollars ($ 5%), for the payment of which sum well and truly to be made, the said Principal and thesaid 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 Vero Lake Estates Water Main Phase II Bid 2008020, UCP 2958 were invert Gdtnaaae..address and description ofpu jcct) NOW, THEREFORE, if the Obligee •shall accept the bid -of the Principal and the Principal 441 enter into a: Contract with the Obligee in accordance with the terms of such bid and give such bond: or.bonds: as maybe specified in the bidding or Contract Docurnents with good. and sufficient surety for the faithful performance of such Contract'snd far the prompt payment. of labor and: material furnished in the prosecution thereof, or in the event of the failure of the Principal to:entersuch Ccntract.and give such bond:or bonds, lithe Principal shall pay to the Obligee the difference not toexceed the.penalty:hereofbetween the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another -party to.perform the Work covered by saidbid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2 day of J anuary , 2 0 0 8 Timothy R (Principal) Contracting, Inc. (Seal) ose President Surety and Indemnity Company (Witness) le)Robert Barra Attorney In Fact (Seal) AIA DOCUMENT A310 BID BOND AIA c FEBRUARY 1970 ED Tim AMERICAN INSTITUTE OF ARCHITECTS, N.Y. AVE., N.W. WASHINGTON, D.G. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 1 BB01 91 4 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint: ***Robert Barra*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in- Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of November 5, 2007 RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attomey, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this November 5, 2007 By: Stephen T. Pate, Senior Vice President By: ClC.ek t -a0 Charles L. Day, Assistant Secretary STATE OF CALIFORNIA COUNTY OF ORANGE etVi ANO /AN OCT. }< iU41 10 :t"x5 1c> , 1936 lot On November 5, 2007 , before me, Christopher J. Roach, Notary Public, personally appeared Stephen T. Pate and Charles L. Day, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/he/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature a--�'-� (SEAL) Christopher J. Rah CERTIFICATE CHRISTrOPHERJ. FIQAC11 COMM. * 1746939 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY 19, 2011 The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 2 day of January, 2008 By Albert Hillebrand, Assistant Secretary ID•1438(Wet)(Rev.10/11) SECTION 00410 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond" in this Section. END OF SECTION 00410-1 H:\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00410\Bid Bond.doc SECTION 00431 SCHEDULE OF SUBCONTRACTORS The following are the subcontractors to be used if the undersigned is awarded the contract for this project. NAME & ADDRESS TYPE OF WORK n 1 Sc d - 1 q5 6 - 335d fix? -- SoctG-vw s- —3(43.5 - 1S1 \ Y -Q CA10 rx,L) 1?)oQ_e_-7 Total dollar amount that will be awarded to Sub -contractors: $ ai NOTE: The above Schedule of Subcontractors will become a part of the contract that has been awarded and duly executed and must be submitted in writing to the OWNER for approval prior to that sub -contractor performing the work. END OF SECTION 00431-1 H\Projects\07411Bidding Contract Specifications'Spec Template\2007100431\Schedule of Subcontractors.doc (This Page Intentionally Left Blank) 00431-2 H\Projectst0741\Bidding Contract Specifications\Spec Template \2007100431\Schedule of Subcontractors.doc SECTION 00452 DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 0t) (AC -c. This sworn statement is submitted with Bid, Proposal or Contract No.f. for the Vero Lake Estates Water Main — Phase II. 1. This sworn sworp, statement is submitted by: (Name of entity submitting swom(atement) s is: whose business address 'ADO iTMS�C v<t L t ' L lC ve)--44tv and405—a@ (If (if applicable) its Federal Employer Identification Number (FEIN) is the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ). 2. My name is ion -C.)4+4 (Please print name of,indivi ual signing) and my relationship to the entity named above is 1i1 SJr .Q- r)\ 3. l 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. I 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 belief, swome ement statemen�Please indicate which statement I have marked below is true in relation to the entity submitting a Ties. Neither the entity submitting this sworn statement, nor any officers, directors, xecutives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105.08, Indian River County Code, with any County Commissioner or County employee. 00452-1 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00452\Disclosure of Relationships.doc The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate or Entity 1. 2. 3. 4. 5. 6. 7. 8. Name of County Commissioner or employee Relationship (si nature) IIIO1aoo (date) STATE OF 1 (9.. LtcI Ci COUNTY OF jrl d LC(Y1 J 1 W-14 Personally appeared before me, the undersigned authority, ii‘ v\r)rc.t` who a er first bein• wom by me, affixed his/her signpture in the space provided above on this day of . 2 /i , 20 DO Public, St-' at Targe Commission pires: GLORIA J. KU2MICK MY COMMISSION 0 DD 719964 EXPIRES: May 26.2009 Bonded Tiro Notary Punk Underwriters END OF SECTION 00452-2 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\O04520isdosure of Relationships.doc SECTION 00456 GENERAL INFORMATION REQUIRED OF BIDDERS The undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with tthese requirements may bsheets shall be attached aseequ �edered sufficient justification to disqualify a Bidder. Additional Documentation Submitted with Indian River County Bid No: 2008020 for the Vero Lake Estates Water Main — Phase II 1. How many years has your organization been in business as a General Contractor? �tncQ tq --! L.4X1 ..JJ 2. Describe and give the date and owner of the last project that you have completed similar in type, size, and nature as the one proposed? ti-tictiip 12polcatoyoLQE' p gex:- 7426/4) 6Q-eci Lied t.e.1'd2L44.ta - OA( 0/ /rat -4,/,-(p,32 -- I k -7;:ec (14 1,0:2) fq/(2--1 3. Have you ever failed to complete work awarded to you? If so, where and why? 4. Name three individuals or corporations for which you have performed work and to which you refer: e • ��%r;•f:..i1 f 1 5. Name of person who inspected site or proposed work for your / �� / firm: -� � Name: Date of Inspections: / "l'7cc Describe any anticipat= • problems with the site and your proposed solutions: 00456-1 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00456\General Information Required of Bidders.doc 6. Will you Subcontract any part of this Work? If so, describe which portions: *..b 02(51-1:14 acs 7. Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. Additional information will be required in accordance with the Instructions to Bidders (Section 00100). PAVING: \ t YYI SURVEYING: \ WI. TESTING LAB: ¥51 1 (B 0 S2-RV'COS 8. What equipment do you own that is available for the work? / own C C nict oc o71 - 'uc7,3neeplI f /76,ac4,7A7 1,i) 9. What equipment will you purchase for the work? 10. What equipment will you rent for the work? At/A 11. Florida General Contractor's License No: Cc C 0 9110 12. The following is given as a summary of the Financial Statement of the undersigned: (List Assets and Liabilities and use insert sheet if necessary.) C d 00456-2 Ii\Projects\0741\Bidding Contract Specifications\Spec Template‘2007\00456\General Information Required of Bidders.doc 13. List the names and titles of ALL officers of C,glltra tor's firm: Li,, Rxie 4- 5, "Bo-L::e fatAi 14. State the true and exact, correct, and complete name under which you do business. BIDDER is: 15. State your total bonding capacity: ) ) 16. State your bonding capacity per job. \S -O 0---n) 17. Please provide name, address, telephone number, and contact person of your bonding company. b avtAce"Boras 9:5 Lt 9 55 NOTE: If requested by the County, the Bidder shall furnish a notarized financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. END OF SECTION 00456-3 H\Projects O741\Bidding Contract Specifications\Spec Template\2007\00456\General Information Required of Bidders.doc SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement" or "Contract"), dated the )4,1day of the year 2og.g by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Timothy Rose Contracting. Inc..(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows: A. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following. Construction of approximately 3,300 LF of 12" Water Main and associated appurtenances along 87th Street and approximately 10,000 LF of 8" diameter water main and associated appurtenances along 95th Court and 99th Court. Construction consists of, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances; 12" directional bore, 8" directional bores; valves, fire hydrant assemblies; wet tap, restrainers, soil compaction, disinfection, testing, (includes providing temporary jumper or another approved method for disinfection and flushing); irrigation repair; non - paved road restoration; non -paved drive restoration; sod; private property replacement or repair, franchise utility repair, and traffic control. PVC pipe shall be C-900 per Indian River County Utility Standards and Specifications. ARTICLE 2 ENGINEER The project has been designed by Mastelier & Moler, Inc., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 00530-1 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00530\Agreement between Owner Contractor Rev. 012507.doc 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 15 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 16. calendar days to 911 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (Le., Subparagraphs a) and b) constitutes Substantial Completion. (b) From a calendar days to 120 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. Completion of all tasks outlined above (Le., Subparagraphs a, b, and c) constitute Final Completion. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. 00530-2 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00530\ggreement between Owner Contractor Rev. 012507.doc ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $471 ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for 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 percentO(50%) completion; and 2) NER of the withheld retainage0NTRACTR unt I the f na payll not request seek release from the County as 00530-3 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00530\Agreement between Owner Contractor Rev. 012507.doc 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as 00530-4 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00530\Agreement between Owner Contractor Rev. 012507.doc CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Performance and Payment Bonds (Sections 00610 and 00612). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). 8.6 Specifications bearing the title "Vero Lake Estates Water Main — Phase 11" as listed in the table of contents hereof. 8.7 Drawings, inclusive with each sheet bearing the following general title "Vero Lake Fstatea Water Main — Phase 11" 8.8 Addenda numbers 0 to 0 , inclusive. 8.9 CONTRACTOR'S Bid (Section 00300). 00530-5 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00530\Agreement between Owner Contractor Rev. 012507.doc 8.10 Specifications bearing the title "JRCDUS Water and Wastewater _Utility Standards. I1 8.11 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. Therhose listed in this Article 8. The Contract are no onlyct amended,modified orocuments other than t supplemented asaprovided in Paragraphs 3 04 of Documents may be the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to $5 million per occurrence. 00530-6 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00530\Agreement between Owner Contractor Rev. 012507.doc 9.7 Pledge of Credit The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. CounterpartR. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. (Remainder of This Page Intentionally Left Blank) 00530-7 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00530\Agreement between Owner Contractor Rev. 012507.doc IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on OWNER Indian River County andra L. Bowden, Chairman CONTRACTOR Timothv�tt se Contracting. Inc Attest Ltvl 4.20)RPOWE 10SEAL) Attest: J. K. Barton, Clerk of the Circuit Court By. 1/4., a. Deputy Clerk roved By: *• • A eph A. :aird, County Adminis ator • oved as to Form and Legal Sufficiency: /LLL— �O// ounty Attorney Address for giving notices 1801 27th Street Vero Beach, Florida 32960 Address for giving notices 1360 SW Old Dixie Hwy. Ste 106 Vero Beach, Florida 32962 License No CGC052940 Age t -f rvice of process: END OF SECTION 00530-8 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00530Wgreement between Owner Contractor Rev. 012507.doc 1802318 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2240 PG:2360, Pagel of 10 0210812008 at 03:19 PM, JEFFREY K BARTON, CLERK OF COURT PUBLIC WORKS BOND BOND PREMIUM BASED PRICE FINAL CONTRA THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND ISSUED IN COMPLIANCE WITH CHAPTER s255.05 FLORIDA STATUTES. BOND NO. CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO. SURETY COMPANY: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO. OBLIGEE NAME:(If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO. BOND AMOUNT: CONTRACT NO. (If Applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: 534464P Timothy Rose Contracting, Inc. 1360 Old Dixie Hwy. Vero Beach, FL 32962 (773-564-7800 Developers Surety and Indemnity Company 150 South Pine Island Road, Ste 510 Plantation, FL 33324 (954)693-0270 Indian River County Board of County Commissioners 1800 27 Street, Vero Beach, FL 32960 (77$-567-8000 $471,450.00 Bid # 2008020 Vero Lake Estates Water Main Phase II Vero Beach, FL FRONT PAGE (ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PkAGE REGARDLESS OF ANY PAGE NUMBERS THAT MAY BE PRE-PRINTED THEREON) Bond: 534464P SECTION 00610 PE.0 RMANCE BOND THIS IS AN INSTRUCTION, NOT PA , T OF THE BOND. The bond must state on its front page: the name, principal business add ' IS, and phone number of the contractor, the surety, the owner of the property being Impro ; d, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, suc1 as a legal description or the street address of the property being improved, and a general cle,cription of the improvement, and the bond number. KNOW ALL MEN BY THESE PRESENT BY THIS BOND, we Timothy Ros Contracting, Inc . as Principal, and Developers Surety and llkademnity Company , a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, in the sum of Four Hundred Sevent�XX One Thousand Four Dollars ($ 471 , 450 .0 amounting to i !10Wihe' rtilybildctkibd.rPor the ''ayment of said sum we bind ourselves, our heirs, executors, administrators and assigns, ointly and sevqrally, for the faithful performance of a certain written Contract, dated the1 _ day of dANVR,e� ,20a` entered into between the Principal and t' a County of Indian River, for. Project Name: Vero Lake Estates W ' ' .,Makin - Phase 11 'i County Project Bid Number. 280801 County UCP Number. 2958 Project Address: :7'" S 79'" Street & 8 Project Description: CONTRACTOR shall complete all wciik as specified or indicated in the Contract Documents. The work is generally described as fotl�ows which shall include, but is not necessarily limited to the following: •I! en 104°i Aenue & 98'" Avenu:: 99'" Court between reel;: and 95 Court between_nr Street & 87°t Street Construction of approximate! . 3,300 LF of 12" Water Main and associated appurtenances along 87* St , and approximately 10,000 LF of 8" diameter water main and associated appurten hres along 986 Court and 99* Court. Construction consists of, but is not lin to, utilities exploration, coordination with any permitting agencies, trenchln , ilewatering, installation of pipe with fittings and all appurtenances; 12" directilit al bore, Ili" directional bores; valves, fire hydrant assemblies; wet tap, mistral , soil compaction, disinfection, testing, (includes providing temporary jumper .another approved method for disinfection and flushing); irrigation repair; r n,en-paved road restoration; non -paved drive restoration; sod; private replacement or repair, franchise utility repair, and traffic control. PVC pi shall be 0.900 per Indian River County Utility Standards and Specifications. 00610-1 HWrojedW0741131ddlnp Contract Sp.oanc eons‘spec atta20071006101Pe $ sm.nw eond.doc A copy of said Contract is incorporated tt n:in by reference and is made a part hereof as if fully copied herein. . NOW, THEREFORE, THE CONDITIO. S OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply the terms and conditions of said Contract and its obligations thereunder, including all of th Contract Documents therein referred to and made a part thereof, and such alterations as may b3 made in the Contract Drawings and Specifications as therein provided for, and shall inderrify and save harmless the County of Indian River against and from all expenses, costs, and attorney's fees, including appellate proceedings, as set forth in the Contract, that Owner su4iris because of a damages, injury or conduct, want of care of skill, negligence or default, includirli patent infringement on the part of the Principal, his agents or employees, in the execution lor performance of said Contract, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in tiielp osecution of the Work provided for in said Contract, then this obligation shall be null and Void; otherwise, the Principal and Surety, jointly and severally, agree to pay Indian River County any difference between the sum that Indian River County may be obliged to pay for the carnaletion of said Work. by contract or otherwise, and any damages, whether direct, indirect,iYansequential, including reasonable attorney's fees (including appellate proceedings), which , E: 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 herebyy, f.irther bind themselves, their successors, executors, administrators and assigns. jointly and *verally, 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 agai, or which the County of Indian River may be called upon to pay to any person or corpo i ;flan by reason of any damage arising from the performance of the said work, repair or m titenanoe thereof, or the manner of doing the same, or his agents or his servants, or the infririgctments of any patent rights by reason of the use of any material furnished or work done, as of esaid or otherwise. AND, the said Surety, for value receiv i, 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 S pecif'rcati ' a or Drawings accompanying the same, shall in any way affect its obligations on this Bond, ind it does hereby waive notice of any such change, extension of time, alteration or addition tt .he terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety joi and severally covenant and agree that this Bond will remain in full force and effect for a peri of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. :1 Principal and Surety expressly ackcr�w nle d g,9 that any and all provisions relating to liquidated damages contained in the Contract Doct tents are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provision lie within their obligations and within the coverages and limitations 1!this Bond. • • 00610-2 MP'rojects107411Biddinp Contract SpecMicarionaOpeeT paite120071008101Pertomunoa Sond.doc Florida Statutes Section 255.05 (2007),�a amended from time to time, together with all notice and time provisions contained In su, ion (2) of Florida Statutes Section 255.05 (2007), is incorporated herein in its entirety by this! . arenas. I' • IN WITNESS WHEREOF, the above nil parties executed this instrument under their several seals, this 28 day of January , , 20 0 8 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. WNTIIEPRINCJPLI - CO - POR IQN: Attest: fin' o Vetteggifitw .ctrun, Printed Name Official Title Timothy Rose Contracting, Inc. • Name of Co (Affix Corporate SEAL) Timbthy Ross President in the within bond- Principal was.then signature, and his signature thereto is g attested for and on behalf of Said Secretary COR ORATE PRINCIPAL • • the Secretary of the corporation named as Principal , who signed the said bond on behalf of the of said corporation: that 1 know his itne: and that said Bond was duly signed, sealed and hority of Its governing body. • 'r.. j.,ts10741010ding Contract apsomcMionslapec TI 00610-3 wS2OOT V3O8I0WuIfannance Dond.doc (SEAL) : • TO Fig EXECUTED BY CORPORATE SURETY: STATE OF FLORIDA COUNTY OF INDIAN RIVER Develop rs Surety and Indemnity Company Corporate $arty 150 South Pine Island Road, P tation FL 33324 Before me, a Notary Public, duly com Robert Barra ,to me wellkn that he Is the attomey-in-fact for the De by AttackggoPocer . ofto execute named therein in tavo�of the County of me this 28 day of y • Affix Co Ste5l 0 to SEAL) Robert Barra Attorney -In -Fact Robert Barra Bob Barra Bonds, Inc. Name of Local Agency 8575 NW 52 Place Coral Springs, FL 33065 Business Address isioned, qualified and acting, personal) a iPi!�red Y 1, who being by me first duly sworn upon oath ;}says v ropers Suretyand that he hes been authorized ithe foregoing bond on behalf of the CONTRACTOR Januarigen River, Florida. Subscribed and sworrOp bef re , 1. 20 08 c My Commission Expires: •/ PubIlc, Stat Iti"1111"-4P;lorid./A.°1-- 719184 OLOmA d KUIYCK -. C.:10 EXPIRES: May 28.2009 .,_. aordprnmaidalyNactftbomm DF SECTION H1P(OjedMMO741 Blda ng Contract spsanatlons1Speo 006104 ad120071008101Perfamn nw $ond.doc Bond: 534464P SE CTI ON 00612 A t'MENT BONA THIS IS AN INSTRUCTION, NOT PAR; ; OF THE BOND The bond must state on its front page: the name, principal business address i a id phone number of the contractor, the surety, the owner of the property being improved,' arid, if different from the owner, the contracting (� public entity; the contract number assigned . the contracting public entity; and a description of the project sufficient to identify it, such as Isigal description or the street address of the property being improved, and a general description of the improvement, and the bond number. KNOW ALL MEN BY THESEE PRESEN SI BY THIS BOND, we Timothy Rosei ontr tDevelopers Surety Band ,Pii al, an corpo oon, as Sur , g_geld and fir bound unto the County c I Ian r, Florida, in the sum of �rQanR n„r ERR r Xanl.t.taDOltara ($471 , 4,Otinitilinting to 100° of the total bid price. For the payment ofl s aid sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and seheratly, for the faithful performance of a certain written Contract, dated the .7.3.. day of L )' N dol , 20 0 k , entered into between the Principal and the County o Indian River, for: Project Name: "Vero Lake Estates Water Main -• Phase 11" County Project Bid Number: 2008010 County UCP Number: 2958 Project Address: 87" Street be 104th Avenue & 98th Ayenu 99"' Court between 79th Street 87 Street- and 95" Court between 7V Street & 87°' Street Project Description: A. CONTRACTOR shall compl Documents. The work is ge necessarily limited to the fol Construction of approxin appurtenances along 87th water main and asaoclat Construction consists of coordination with any of pips with fittings and alll bores; valves, fire hydrant disinfection, testing, (Inc approved method for dist road restoration; non • ' replacement or repair, fre shall be C-900 per Indian R to all work as specified or Indicated in the Contract ally described as follows which shall indude, but is not ng: brety 3,300 LF of 12" Water Main and associated tnet and approxhnately 10,000 LF of 8" diameter I' appurtenances along lie Court and 99t" Court. but is not limited to, utilities exploration, Ming agencies, trenching, dawatsring, installation ►pwtenancee; 12" directional bon, fr directional embalms; wet tap, restrainers, soil compaction, fides providing temporary jumper or another n and flushing); irrigation repair non -paved d drive restoration; sod; private property hiss utility repair, and traffic control. PVC pipe • County Utility Standerde and Specifications. • 00612-1 anP,oJe t$ O74166:10i ,e contract Specifications1Spec lee PplatA20071006121Payment 9ond.doc A copy of said Contract is incorporated 'erein by reference and is made a part hereof as if fully copied herein. �' NOW, THEREFORE, THE CONDIT* E. OF THIS OBLIGATION ARE SUCH, that, if the Principal shalt promptly make paym eo all claimants, as herein below defined, then this obligation shall be void; otherwise, this ,iand shall remain in full force and effect, subject to the following terms and conditions: 1. A claimant is defined as any' person supplying the Principal with labor, materials or supplies, used directly or in d iectly by the Principal in the prosecution of the Work provided for in said Contra , and is further defined in Florida Statutes Section 713.01. 2. Florida Statutes Section 255., 5 (2007), as amended from time to time, together with all notice and time provisions; ' intained in subsection (2) of Florida Statutes Section 255,05, is incorporated herei in its entirety by this reference The Surety. for value received, hereby 4ptates and agrees that no charge, extension of time, alteration of or addition to the terms of Contract or to the work to be performed thereunder or to the Specifications applicable there , shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. i' The Surety represents and warrants tc the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's ratmlig of "A" and Financial Size Category of Class "X". il; 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 yea' commenting on the date of Substantial Completion as established on the Certificate of Sub; timtial Completion as issued by the County of Indian River. l t The Principal and Surety jointly and gaily, agree to pay the County of Indian River alt losses, damages, expenses, costa, andi attorney's fees. including appellate proceedings, that the County of Indian River sustains becks ao of a default by the Principal under the Contract. • IN WITNESS WHEREOF, the above boi4 c parties executed this instrument under their several seals, this 28 day of January ; i , 20 0 8 the name and corporate seal of each corporate patty being hereto affbced and these presents duly signed by its undersigned representative, pursuant to Out hority of its governing body. 00612-2 MProjscts07410iddhip Comic* SpedhiostlonaispecTcirr dsM‘20071009121PaynrM Bond .doc ., .i1 FriWHEN THE RNNCIPAL IS A CORPt3?app; Atte = t; Timothy Ros j: Timothy Rose Contracting, Inc. Name of Co 7 a j (Affix Corporate SEAL) rrinted Name President , Crfficiat Title CERTIFICATE :TO CORPORATE PRINCIPAL ,yt in the within bon Principal was then signature, and his signature thereto is ge attested for and on behalf of Sai�atndr the Secretary of the corporation named as Principal , who signed the said bond on behalf of the of said corporation: that I know his L ine; and that said Bond was duly signed, sealed and 'on by authority of Its goveming body. Secretary 1074118idetinp Contract 9pedflpaUonslSpac Ti (SEAL) • 00612-3 i•tt Iata12007100612 Payment $ond.doc • .i: TQ BE EXECUTED BY CORPORATE SURETY: DevOlopers Surety and Indemnity Company XSetncelea c Witness Corporate Sur ty 150 South Pihe Is . Road, Ste 510 Plantation, _'L STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly com' Robert Barra , to me well kn that he is the attomey-in fact for the De by Attached Power of to executei narkkillithighYin favor of the County of; me this 28 day of Januar My Commission Expires: ttomey-In-Fact Robert Barra, ! .T Bob Barra Bonds, Inc.';- Name of Local Agency 8575 NW 52 Place Coral Springs, FL 33065 Business Address i,sioned, qualified and aging, personally appeared w13, who being by me first duly sworn upon oath, says !elopers S"uretyand that he has been authorized ti- e foregoing bond on behalf of the CONTRACTOR h<1ian River,gFoga. Subscribed and sworn to before MtProjeets10V411BIddUp Contract epocmcationalsp. T 00612-4 r�latia20071008121Payment eond.doc Bond: 534464P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint: ***Robert Barra*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and at of the acts of said Attomey(s)-in- Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of November 5, 2007 RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this November 5, 2007 By: Stephen T. Pate, Senior Vice President By: Charles L. Day, Assistant Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On November 5, 2007 , before me, Christopher J. Roach, Notary Public, personally appeared Stephen T. Pate and Charles L. Day, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/he/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ,, (SEAL) Christopher J. y CERTIFICATE }" rim .- Sriir - CarimillimiA J. FIOAiCH COMM. N 1746939 NOTARY PUBUC OAI1PORNNA ORANGE COIN TY ay corm. aitros lArt10. 2011 The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations Power of Attomey, are in force as of the date of this Certificate, This Certificate is executed in the City of Irvine, California, the 28 day of Janlla ry 2008 By Albert Htllebrand, AssistantS Secretary ID-1438(Wet)(Rev.10/11) 6�y• S g♦*`, ACORD CERTIFICATE OF LIABILITY INSURANCE 'RODUCER CSR TJ TIMOR -1 Stuart Insurance, Inc. 3070 S W Mapp ?alm City FL 34990 Phone:772-286-4334 Fax:772-286-9389 VSURED DATE (MMIDDIYYYYY) 01/30/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC Timothy Rose Contracting, Inc. 1360uOld Dixie Inc.wy SW Vero Beach FL 329-62 INSURER A: North Pointe Ins Co INSURER B: Crum i Forster Insurance Co. INSURER C: Bridget/4'1d Employers Ins. Co. INSURER D: INSURER E: :OVERAGES 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. iSK .TR AUU L INSRC GENERAL TYPE OF INSURANCE LIABILITY COMMERCIAL GENERAL LIABIUTY POUCY NUMBER 72240996 •10 DAYS NOTICE NON -PAY POLICY EFFECTIVE DATE (MM/DD/YY) 06/06/07 POUCY EXPIRATION DATE (MM/DD/YY) 06/06/08 LIMITS EACH OCCURRENCE $1,000,000 A X X PREMISES(Ea Occcuence) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL 8 ADV INJURY $ 1, 000 000 GENERAL AGGREGATE , $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 000 000 7 POLICY PRO- JECT LOC , , B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 1337237154 •10 DAYS NOTICE NON -PAY 06/06/07 06/06/08 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 ,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESSIUMBRELLA LIABILITY 2094107913-02 06/06/07 06/06/08 EACH OCCURRENCE $2,000,000 X OCCUR CLAIMS MADE AGGREGATE $2,000,000 DEDUCTIBLE RETENTION $ *10 DAYS $ NOTICE $ NON PAY $ C WORKERS COMPENSATION AND EMPLOYERS'UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below 0830 28562 no DAYS NOTICE NON -PAY 02/01/08 02/01/09 X TORY LIMITS OER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE S 1000000 E.L. DISEASE - POLICY LIMIT S 1000000 A OTHER 2094099607 •10 DAYS NOTICE NON -PAY 06/06/07 06/06/08 Rented 50,000 Equipment 5% DED DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Grading of Land/Site Prep - State of Florida RE: IRC Bid # 2008020, Vero Lake Estates Water Main, Phase II. Project# UCP2958 *Indian River County is additional insured for general liability *10 day notice cancellation for non -pay CERTIFICATE HOLDER CANCELLATION INDIR-2 Indian River County Contractor Licensing 1840 25th Street Vero Beach FL 32960 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 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGAT1ON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTA S. C) ACORD (:ORPORATION 1988 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By ACEC ONational Society of Professional Engineers Professional Engineers fn Prfvale Practice ASCE American Society 16 of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America nowdge br Creating andvale Sustaining the Built Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. Alt rights reserved. 00700 - 2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 6 1.01 Defined Terms 6 1.02 Terminology 8 ARTICLE 2 - PRELIMINARY MA 1"1'ERS 9 2.01 Delivery of Bonds and Evidence of Insurance 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times; Notice to Proceed 9 2.04 Starting the Work 2.05 Before Starting Construction 9 2.06 -. Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 10 3.01 Intent 10 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 3.04 Amending and Supplementing Contract Documents 11 3.05 Reuse of Documents 11 3.06 Electronic Data 11 9 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 11 4.01 Availability of Lands 11 4.02 • Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 - Reference Points ...13 4.06 Hazardous Environmental Condition at Site 13 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 17 5.09 Acceptance of Bonds and Insurance; Option to Replace 17 5.10 Partial Utilization, Acknowledgment of Property Insurer 18 ARTICLE 6 - CONTRACTOR►' S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 18 6.02 Labor; Working Hours 18 6.03 Services, Materials, and Equipment 18 6.04 Progress Schedule 18 6.05 Substitutes and "Or -Equals" 19 6.06 . Concerning Subcontractors, Suppliers, and Others 20 6.07 Patent Fees and Royalties 21 6.08 Permits 21 6.09 Laws and Regulations 21 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 _. 6.12 Record Documents 22 6.13 Safety and Protection 22 6.14 Safety Representative 23 6.15 Hazard Communication Programs 23 EJCDC C-700 Standard General Condition of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 6.16 Emergencies 6.17 Shop Drawings and Samples •23 6.18 Continuing the Work .23 6.19 Contractor's General Warranty and Guarantee 24 6.20 Indemnification 24 6.21 Delegation of Professional Design Services .24 ARTICLE 7 - OTHER WORK AT THE Sim .25 7.01 .Related Work at Site 25 7.02 Coordination •25 7.03 Legal Relationships .26 ARTICLE 8 - OWNER'S RESPONSIBILITIES 26 8.01 Communications to Contractor 26 8.02 Replacement of Engineer .26 8.03 Furnish Data •26 8.04 Pay When Due 26 8.05 Lands and Easements; Reports and Tests 26 8.06 Insurance .26 8.07 Change Orders 26 8.08 Inspections, Tests, and Approvals 26 8.09 Limitations on Owner's Responsibilities 26 8.10 Undisclosed Hazardous Environmental Condition .27 8.11 Evidence of Financial Arrangements .27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION .27 9.01 Owner's Representative .27 9.02 Visits to Site 27 9.03 Project Representative 27 9.04 Authorized Variations in Work •27 9.05 Rejecting Defective Work 27 9.06 Shop Drawings, Change Orders and Payments •27 9.07 Determinations for Unit Price Work • 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work - 28 9.09 Limitations on Engineer's Authority and Responsibilities 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 28 10.01 Authorized Changes in the Work 28 10.02 Unauthorized Changes in the Work 28 10.03 Execution of Change Orders 29 10.04 Notification to Surety 29 10.05 Claims 29 ARTICLE 11- COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 30 11.01 Cost of the Work 30 11.02 Allowances 30 11.03 Unit Price Work 31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 31 32 12.01 Change of Contract Price 12.02 Change of Contract Times 32 12.03 Delays 33 33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 33 13.01 Notice of Defects 33 13.02 Access to Work 33 13.03 Tests and Inspections 33 13.04 Uncovering Work 34 13.05 Owner May Stop the Work 34 13.06 Correction or Removal of Defective Work 34 13.07 Correction Period 34 13.08 Acceptance of Defective Work 35 13.09 Owner May Correct Defective Work 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 36 14.01 Schedule of Values 36 - 14.02 Progress Payments 36 14.03 Contractor's Warranty of Title 37 14.04 Substantial Completion 37 EJCDC C-700 Standard General Condidons of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 14.05 Partial Utilization 38 14.06 Final Inspection •38 14.07 Final Payment .38 14.08 Final Completion Delayed .39 14.09 Waiver of Claims .39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .39 15.01 Owner May Suspend Work 39 15.02 Owner May Terminate for Cause .39 15.03 Owner May Terminate For Convenience .40 15.04 Contractor May Stop Work or Terminate .40 ARTICLE 16 - DISPUTE RESOLUTION 41 16.01 Methods and Procedures .41 ARTICLE 17 - MISCELLANEOUS .41 17.01 Giving Notice 41 17.02 Computation of Times .41 17.03 Cumulative Remedies 41 17.04 Survival of Obligations 41 17.05 Controlling Law 41 17.06 Headings 41 EJCDC C-700 Standard General Conditions of the Construction Contract, Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment --The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder --The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form With any supplements. 9. Change Order --A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion; or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final -payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor --The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01.A for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last. of the two parties to sign and deliver. 19. Engineer --The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. - 23. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations -- Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project finds, real property, or personal property. 26. Milestone --A principal event specified in the Contract Documents relating to an intermediate comple- tion date or tune prior to Substantial Completion of all the Work. 27. Notice of Award --The written notice by Owner to the Successful Bidder stating that upon - timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with- whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, -and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule --A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 39. Schedule of Submittals --A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values --A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. EJCDC C-700 Standard General Coadidona of the Constriction Contract Copyright ® 2002 Nstoad Society of Profesilonal Engineers for EJCDC. All rights reserved. 00700 - 7 43. Specifications --That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 44. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Biddar--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or othercontrol systems. 50. Unit Price Work --Work to be paid for on the basis of unit prices. 51. Work --The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive --A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of .Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the require- ments of and information in the Contract Documents and conformance with the design concept of the com- pleted Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or EJCDC C-700 Standard General Conditions of the ConstracHon Contract Copyright C 2002 National Society of Professional Engineer for EJCDC. All rights reserved. 00700 - 8 approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recornmendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services,materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, `provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Docwnents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise speci- fied in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 9 submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not .impose on Engineer responsibil- ity for the Progress Schedule, for sequencing, scheduling, or progress of the Work . nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be accept- able to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contrayt Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equip- ment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except asmay be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or - Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work Ii during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Docu- ments and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16A) until an amendment or supplement to the Contract Documentshas been issued by one of the methods indicated in Paragraph 3.04. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -10 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict; error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepan- cy iscrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. 13. The requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. 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 consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 - day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 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 or a part thereof, Contractor EJCDC C-700 Standard General Conditions of the Construction Contract, Copyright ® 2002 National Society of Professional Engineers for EJCDC. Ad rights reserved, 00700-11 may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- ment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Docu- ments; and 2. those drawings of physical conditions in or relat- ing to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon -or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent - in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to-do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, perfor- mance of the Work; subject, however, to the follow- ing: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price - will be subject to the provisions of Paragraphs . 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: E.fCDC C-700 Standard General Coaditiou of the Constriction Contract. Copyright © 2002 Nadonal Society of Professional Engineers for EJCDC. Alt righty reserved. 00700 -12 a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such fmal conunitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 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 Facili- ties, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -13 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorize& 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 claire against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or • Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.060 shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges .of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC All rights reserved. 00700 -14 I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, eachin an amount at least equal to the Contract Price as security for the faithful performance and payment - of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the convection period specified in Paragraph 13 D7, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract - Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. _ B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of - Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.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 Cert fates 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 Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclu- EICDC C-700 Standard General Conditions of the Contraction Contract Copyright 0 2002 National Society of Professional Engineers for EJCDC. MI rights reserved. 00700 -15 J sion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these addi- tional 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 provid- ed in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement . that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other . additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mental), 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. hi addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner • against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless.. otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 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. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and EJCDC C-700 Standard Genenl Conditions of the Construction Contract. Copyright A 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -16 any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and. subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this. Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other • insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors -of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make EJCDC C-700 standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -17 settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.8.Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not -purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner fords it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the,policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence 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. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perforin construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. 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 special warranties and guaran- tees required by the Specifications shall expressly run to the benefit of. Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. Alt rights reserved 00700 -18 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" _ A.. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed, by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute. item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements- and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as _ that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -19 b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) - available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized estimate of all costs or credits that will result directly or indi- rectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the -substitute proposed is equivalent to that expressly . called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substit.te item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special perfonnance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engines approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supple- mentary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor E./CDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 10700 - 20 2. shall anything in the Contract Documents 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 Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by aSubcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of; relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regula- tions, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringe- ment of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on EJCDC C-700 Standard General Conditions dike Construction Contract. Copyright C 2002 National Society of Professional Engineers for EdCDC. All rights reserved. 00700 - 21 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, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 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 and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs; losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal, or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste _ materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the 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, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; - 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them -in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or EJCDC 0700 Standard General Conditions dee Ceastractioa Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. AU rights reserved. 00700 - 22 indirectly, in whole or in part, by Contractor, any Subcon- tractor, 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 , 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 em- ployed by any of them). D. 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. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. in emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance 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.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6. I7.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures I. Before submitting each Shop Drawing or Sample, Contractor shall have determined and veri- fied: a. all field measurements, quantities, dimen- sions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professlonal Engineer. for EJCDC. All rights reserved. 00700 - 23 requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Sched- ule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents-. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor 's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordancewith 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 Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 6.20 Indemnification A. To the fullest extent permitted by Laws and Regula- tions, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the perfor- mance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perforin any of the Work or anyone for whose acts any of them may be liable . B.. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to cavy out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract - Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 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. EJCDC C-700 Standard General Cordidoas of the Construction Contract. Copyright 0 2002 Nadonal Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 25 B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reason- able 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. 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. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and respon- sibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. -C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Condi- tions, Owner shall issue all communications 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 When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and -easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. EJCDC C-700 Standard General Conditions of the Conetreedon Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspec- tions, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to 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 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project - Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work_ A. Engineer may authorize minor variations in the Work - from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Tunes, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 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. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. .9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters beforerendering a written decision thereon (by recommendation of an Application for Payment or otherwi"se). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles_ them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07A will only be to determine generally that their content complies with the requirements of and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. EJCDC C-700 Standard General Condition. of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered :by Owner pursuant to Paragraph 10.01.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 deci- sion in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall cany 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. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. 13. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be piepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Clain shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 Nattooal Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 29 D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10,05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. . ARTICLE 11- COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work .A.. Costs Included: The tern Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as _otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the -following items, and shall not include any of the costs itemized in Paragraph 11.01.B. 1. Payroll costs for employees in the direct. employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished - and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All 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, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and -subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling; and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone EICDC C-700 Standard General Conditions of the Contraction Contract. Copyright © 2002 National Society of Professional Engineers for E ICRC. All rights reserved. 00700 - 30 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 perfonnance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.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 principal 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 Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to 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.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that -Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance EJCDC C-700 Standard General Conditions of tie Constrncdoa Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner tocover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 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. 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. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.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 (deter- mined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 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 Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid -a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier EJCDC C-700 Standard General Conditions of the Contraction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.8; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of_the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2:e, inclusive. 1102 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any; Claim for an adjustment in the Contract Times shalt 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 covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epideinics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 33 tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.8 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. 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 inspection 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 Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limitedto 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, observation, 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. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shal l correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed 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: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected. by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced: All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or - arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in- continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily complet- ed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to _ . Engineer'srecommendation of final payment, 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 recommendation 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 inay 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 convect defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) -incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorpo- rating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to EJCDC C-700 Standard General Conditions dee Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 35 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 because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in _Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other docu- mentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 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, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of..the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4: Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due.will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment o(the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occur- rence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor wants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. EJCDC 4700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 37 C. If Engineer considers the Work substantially com- plete, Engineer will 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, Engineerconcludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be_completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections front Owner. 0. At the time of delivery of the tentative certificate of Substantial Conipletion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, • insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. _ 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or whiph Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with - Contractor's performance of the remainder of the Work, subject to the following conditions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. 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 substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. 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. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include _ all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as re- quired by the Contract Documents, Engineer is satisfiedthat the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommen- dation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in rwriting 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 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, fnat-completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims: 14.09 Waiver of Claims A. The 'Making and acceptance of final payment will constitute: 1.. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the C6ntract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contra: Copyright 0 2002 National Society of Professional Engineer for EJCDC. Ali rights reserved. 00700-39 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 suffi- cient skilled workers or suitable materials or equip- ment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the_ Work performed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2002 National Society of Professional Engineers for EJCDC. Albright' reserved. 00700 - 40 D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the tennination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue..Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Ccintractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede.the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and 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. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If; through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. • ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it isintended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies - A. The duties and obligations imposed by these General Conditions and therights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will. be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. EJCDC C-700 Standard General Condidone of the Contraction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 41 1 7.0 6 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved 00700 - 42 SECTION 00800 SUPPLEMENTARY CONDITIONS INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES BOARD OF COMMISSIONERS MO 264h Street, Vero Beach, Florida 32960 SUPPLEMENTARY CONDITIONS TO THE GENERAL. CONDITIONS 00800-1 H\Projects107411Bidding Contract Specifications%Spec Template200710080O\supplementary Conditions.doc TABLE OF CONTENTS PART I - AMENDMENTS TO GENERAL CONDITIONS Article Number Title 1 DEFINITIONS AND TERMINOLOGY 2 PRELIMINARY MATTERS 3 CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 5 BONDS AND INSURANCE 6 CONTRACTOR'S RESPONSIBILITIES 7 OTHER WORK AT THE SITE 8 OWNER'S RESPONSIBILITIES 9 ENGINEER'S STATUS DURING CONSTRUCTION 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14 PAYMENTS TO CONTRACTOR AND COMPLETION 15 SUSPENSION OF WORK AND TERMINATION 16 DISPUTE RESOLUTION 17 MISCELLANEOUS 00800-2 H\Projects107411Bidding Contract Specifications\Spec Template1200710080o1supplementary Conditions.doc SUPPLEMENTARY CONDITIONS PART I - AMENDMENTS TO GENERAL CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC Document No. C-700, 2002 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC -1.01A.43. Delete paragraph 1.01A.43. of the General Conditions in its entirety and replace with the following: 43. Specifications - Sections induded under Division 1 through Division 2 of the Project Manual. ARTICLE 2 - PRELIMINARY MATTERS SC -2.01B. Delete paragraph 2.01B of the General Conditions in its entirety and replace with the following: B. Before any Work at the site is started, Contractor shall deliver to Owner, with copies to Engineer, certificates of insurance, which Contractor is required to purchase and maintain in accordance with the requirements of the Contract Documents. SC 2.03A Delete paragraph 2.03A of the General Conditions in its entirety, and replace with the following: The Contract Times will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 60 days after the Effective Date of the Agreement. SC 2.05A1 Add the following immediately at the end of subparagraph 2.05A1: using the Critical Path Method (CPM). SC 2.05A.4 Add new subparagraph 4 after the existing text of 2.05 of the General Conditions: 4. If this Project is an addition to an existing working plant, then the Contractor shall coordinate with the Owner on tie-ins. The Owner shall have final say on plant shut down times and duration to make tie-ins. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SC -3.01 C Add a new paragraph immediately after Paragraph 3.010 of the General Conditions which is to read as follows: 00800-3 H\Projects107411Bidding Contract Spec fications'Spec Template120071008001supplementary Conditions.doc D. Each and every provision of law and clause required by law to be inserted in these Contract Documents shall be deemed to be inserted herein, and they shall be read and enforced as though it were included herein SC3.03A.3 Delete existing 3.03A.3 of the General Conditions in its entirety and replace it with the following: Contractor shall not be liable to Owner or Engineer for failure to report any such conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or, in the exercise of ordinary care, reasonably should have recognized such conflict, error, ambiguity, or discrepancy and failed to report it in writing to the Owner and the Engineer. SC 3.03B Delete existing 3.03B of the General Conditions in its entirety and replace it with the following B. Resolving Discrepancies. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall be read together as a whole not in isolation so as to give meaning to each provision; however, to the extent there is a conflict or inconsistency between or among provisions, the strictest or most stringent standard shall apply. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC 4.01A Delete existing paragraph 4.01A of the General Conditions in its entirety and replace it with the following: A. Owner shall furnish the site. SC 4.01B Delete existing paragraph 4.01B of the General Conditions in its entirety. SC 4.02A Delete 4.02 A.1 of the General Conditions in its entirety and replace it with the following: A. Reports and Drawings: The Contract Documents may identify those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents. Engineer has relied upon the data obtained from subsurface investigations made at the site in the form of test borings. Suchdata is in the form of boring logs, which are available upon request. The locations of the test borings are indicated on the Drawings. Such Togs and samples are not part of the Contract Documents. SC -4.02A.2. r Add the following new sentences immediately at the end of existing paragraph 4.02A.2. of the General Conditions which is to read as follows: In the preparation of Drawings and Specifications, the Engineer has relied upon the reports listed in Section 00200 and tests of subsurface physical conditions at the site. Copies of these reports are available upon request. The foregoing information and data shown or indicated in the Contract Documents is based on information and data fumished to Owner or the Engineer by others. The Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for requesting, reviewing, and checking all such information and data. 00800-4 H\Projects1074118idding Contract Specifications\Spec Template12007100800\supplementary Conditions.doc Sc 4.03A Delete 4.03 A of the General Conditions in its entirety and replace it with the following: A. Notice. The Contractor shall promptly, and before such conditions are disturbed, and in no event later than 10 days after first observance of the conditions, notify the Owner and Engineer in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or (2) unknown physical conditions at the site of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract. The Owner will promptly investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under this Contract, a Change Order shall be issued accordingly based on the Schedule of Values and executed by the Owner and the Contractor. Contractor's failure to provide notice upon discovery of the differing site condition shall waive any entitlement to such an adjustment in the Contract Price or Contract Time. Further, no Claim of the Contractor under this paragraph 4.03A shall be allowed unless the Contractor has given the notice as required in this paragraph 4.03A. SC 4.03C1 Delete subparagraph 4.03C1 of the General Conditions in its entirety. SC 4.03-C.3: Delete the words: "arbitration or" in line 10 of paragraph 4.03-C.3 of the General Conditions. SC -4.05A. Add the following new paragraph immediately after paragraph 4.05A. of the General Conditions to read as follows: B. Engineer may check the lines, elevations, reference marks, batter boards, etc., set by Contractor, and Contractor shall correct any errors disclosed by such check. Such a check shall not be considered as approval of Contractor's work and shall not relieve Contractor of the responsibility for accurate construction of the entire Work. Contractor shalt fumish personnel to assist Engineer in checking lines and grades. SC 4.06D Delete the last sentence of paragraph 4.06D of the General Conditions in its entirety SC 4.06G Delete paragraph 4.066 of the General Conditions in its entirety. SC 4.07 Archaeological or Resources at Site SC4.07A if Archaeoldgical or Historical Resources are revealed, uncovered or discovered at site, Contractor shall cease work immediately and solicit the services of an Archaeologist Registered with the Registry of Professional Archaeologists. Based on Archaeologist's determination, Contractor shall then submit a Change Order in order to avoid resources or mitigate as required to proceed with project. 00800-5 H1Projec ts10741 \Bidding Contract Specifications1Spec TemplateV007100800tsupplementary Conditions.doc ARTICLE 5 - BONDS AND INSURANCE SC 5.01A Add the following sentence immediately after the existing text in paragraph 5.01A of the General Conditions: Pursuant to Florida Statutes section 255.05(1)(a) (2007), any claimant (as such term is defined in Florida Statutes section 713.01) may apply to Indian River County as Owner for copies of the Agreement and the recorded payment and performance bonds and shall thereupon be fumished with certified copies of such documents. SC 5.03B Delete existing paragraph 5.03B of the General Conditions in its entirety. SC 5.04B Delete existing paragraph 5.04B of the General Conditions in its entirety and replace with the following: B. The Contractor shall not commence Work under the required under the Agreement and the Indian River Countn y mRisk Managert until it has ohasna all ved such ch insurance. The Contractor shall procure and maintain, for the duration of the Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the Contract Price C. The insurance required by paragraph 5.04A of the General Conditions shall provide coverage for not Tess than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation: To meet statutory limits in compliance with the Workers Compensation Law of Florida. This policy must include employers' liability with a limit $500,000 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 on account of injury sustained by an employee(s) of the Contractor. 2. Commercial General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $3,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). 3. Business Auto Liability: Coverage shall indude Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not Tess than $3,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection — statutory limits; $1,000,000 uninsured/underinsured motorist; $1,000,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). D. Insurance Requirements — Ten (10) days prior to the commencement of any Work under the Contract, a certificate of insurance shall be provided to the Indian River County Risk Manager for review and approval. The certificate shall provide that: (a) Indian River County (as Owner) and Masteller & Moler, Inc. (as Engineer) be named as an additional insured on the commercial general liability, auto liability, and Contractor's Builders' Risk "All Risk" insurance policies; (b) the Contractor's insurance coverage shall be primary; and (c) Indian River County (as Owner) and Masteller & Moler, Inc. will be given thirty (30) days' notice prior to cancellation or modification of any required insurance and such notice shall be in writing by registered mail, return receipt requested 00800-6 H1Projec t 7411Bidding Contract Specificationsl,Spec Template12OO7100800 supplementary Conditions.doc and addressed to the Indian River County Risk Manager. It shall be the responsibility of the Contractor to ensure that all subcontractors comply with all insurance requirements of this Contract. E. All coverage shall be maintained without interruption from date of commencement of Work until date of final payment. F. All insurers must be authorized to do business in Florida and have a Best Key Rating of A- VIII. G. The insurance companies selected shall send written verification to the Indian River County Risk Manager that they will provide 30 days prior written notice to the Indian River County Risk Manager of its intent to cancel or modify any required policies of insurance. SC 5.05 Delete existing paragraph 5.05 of the General Conditions in its entirety. SC -5.06 Delete existing paragraph 5.06 of the General Conditions in its entirety. SC -5.07 Delete existing paragraph 5.07 of the General Conditions in its entirety and replace with the following. A. All insurance policies provided by the Contractor shall contain provisions to the effect that the insurer waives all rights of subrogation against any of the insured, additional insured, (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) Owner and the Engineer. SC -5.08 Delete existing paragraph 5.08 of the General Conditions in its entirety. SC -5.09 Delete existing paragraph 5.09 of the General Conditions in its entirety. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC 6.01 B Delete paragraph 6.01 B of the General Conditions in its entirety, and replace with the following: 6.01 B The Contractor shall employ a competent superintendent and necessary assistants who shall be assigned to, and in attendance at, the Project site during performance of the Work. The superintendent shall be reasonably satisfactory to the Owner. So long as the superintendent remains employed by the Contractor or any related entity, the superintendent shall not be replaced without the Owner's prior written consent, except under extraordinary circumstances. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. SC -6.02B Add the following new paragraphs immediately after paragraph 6.02B. of the General Conditions which are to read as follows: C. Regular working hours are defined as 8 hours per day, Monday through Friday, excluding holidays, between the hours of 7:00 AM and 7:00 PM. Requests to work other than regular working hours shall be submitted to Engineer not less than 48 hours prior to any proposed weekend work or scheduled extended work weeks. Occasional unscheduled overtime on weekdays may be permitted provided two hours notice is given to Engineer. 00800-7 H1Projects107411Bidding Contract Specs ations'Spec Template1200710o800%supplementary Conditions.doc D. Contractor shall reimburse the Owner for additional engineering and/or inspection costs incurred as a result of overtime work in excess of the regular working hours stipulated in Article SC -6.02C. At Owner's option, overtime costs may either be deducted from the Contractor's monthly payment request or deducted from the retainage prior to release of final payment. Overtime costs for the Owner's personnel shall be based on the individual's current overtime wage rate. Overtime costs for personnel employed by the Engineer or Owner's independent testing laboratory shall be calculated in accordance with the terms of their respective contracts with the Owner. SC 6.04A.1 Add the following sentence immediately after the existing text in paragraph 6.04 A.1 of the General Conditions: Additionally, any and all changes to the Project's critical path must be reflected in each Project schedule. SC -6.04.A.3 Add the following paragraph immediately after paragraph GC -6.04.A.2 of the General Conditions: Contractor shall give Owner full information in advance as to its plans for performing each part of the Work. If at any time during the progress of Work, Contractor's actual progress is inadequate to meets the requirements of the Contract, Owner may, but is not obligated to, so notify Contractor. In such event, Contractor acknowledges and agrees that Contractor shall implement some or all of the following remedial actions at the sole cost and expense of Contractor: (a) Increase manpower in such quantities and crafts as necessary to eliminate the backlog of Work; (b) Increase the number of working hours per shift, shifts per working day, working days per week, the amount of construction equipment, or any combination of the foregoing to eliminate the backlog of Work; or (c) Reschedule the Work in conformance with the specification requirements. Neither such notice by Owner nor Owner's failure to issue such notice shall relieve Contractor of its obligation to achieve the quality of Work and rate of progress required by the Contract. Failure of Contractor to implement some or all of the remedial actions may be grounds for determination by Owner that Contractor is not prosecuting its Work with such diligence as will assure completion within times specified. Upon such determination, Owner may terminate Contractor's tight to proceed with the performance of the Contract, or any separable part thereof, in accordance with the applicable provisions of this Contract. SC -6.06A Delete Paragraph 6.06A of the General Conditions in its entirety and replace with the following: A. Contractor shall not employ any Subcontractor, Supplier or other, person or organization, (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom Owner may have reasonable objection. Acceptance of any Subcontractor, Supplier or other person or organization by Owner shall not constitute a waiver of any right of Owner to reject defective Work. Contractor shall not be required to employ any Subcontractor, Supplier or other person or organization against whom Contractor has reasonable objection. SC -6.068 Delete Paragraph 6.06B of the General Conditions in its entirety. SC -6.08 Delete Paragraph 6.08 of the General Conditions in its entirety and replace with the following: 00800-8 H1Projects10741 w3idding Contract Specifications1Spec Template120071008001sepplementary Conditions.doc ALL PERMIT, IMPACT, OR INSPECTION FEES APPLICABLE AT THE TIME OF OPENING OF BIDS THAT ARE PAYABLE TO INDIAN RIVER COUNTY IN CONNECTION WITH THE WORK ON THIS COUNTY PROJECT WILL BE PAID BY INDIAN RIVER COUNTY. Contractor acknowledges that the foregoing items are govemed by the provisions of Florida Statutes section 218.80, Public Bid Disclosure Act. Further, Contractor shall pay the applicable business tax and obtain a business tax receipt from the Indian River County Tax Collector. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all applicable construction permits. Owner shall reimburse Contractor for the cost of such permits on the basis of actual cost. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. As set forth in the Contract Documents, re -inspection fees are payable solely by Contractor. Owner shall pay all charges of utility owners for connections for providing permanent services to the Work. Owner has obtained the Water Permit from Florida Department of Environmental Protection and IRC Right-of-way Permit and such permits are included in the Contract Documents in Section 00901. Owner has obtained/made application for the Florida Department of Transportation right-of-way permit, the NPDES permit, and the dewatering permit, if required. Copies of the foregoing permits are included in the Contract Documents in Section 00901. Any permits issued after issuance of bid documents will be provided as an Addendum. Contractor acknowledges that the foregoing items are govemed by the provisions of Florida Statutes section 218.80 (2006), Public Bid Disdosure Act. SC 6.11 A.3: Delete the words: "arbitration or" in line 9 of paragraph 6.11 A.3 of the General Conditions. SC 6.19A: Delete Paragraph 6.19A. of the General Conditions in its entirety and replace with the following: A. Contractor warrants and guarantees to Owner for one (1) year from the date of Final Completion that all Work will be in accordance with the Contract Documents and will not be defective; provided, however, that manufacturer equipment warranties may be of a longer duration. SC -6.20A Delete paragraph 6.20A of the General Conditions in its entirety. SC -6.21 E Delete paragraph 6.21E of the General Conditions in its entirety and replace with the following: E. Contractor shall not be responsible for the adequacy of the performance criteria or design criteria required by or contained in the Contract Documents. ARTICLE 7 OTHER WORK AT THE SITE 00800-9 Ii\Projects107411Bidding Contract Specific ations1Spec Template12007100800tsupplementary Conditions.doc ARTICLE 8 OWNER'S RESPONSIBILITIES SC -8.02 Delete paragraph 8.02 of the General Conditions in its entirety and replace with the following If Owner terminates the employment of Engineer, Owner may appoint another engineer whose status under the Contract Documents shall be that of the former Engineer. SC -8.04 Delete paragraph 8.04 of the General Conditions in its entirety and replace with the following: Payments under this contract are govemed by the Local Govemment Prompt Payment Act, Florida Statutes section 218.70 et. seq., SC -8.06 Delete paragraph 8.06 of the General Conditions in its entirety. SC -8.11 Delete paragraph 8.11 of the General Conditions in its entirety. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC 9.02 Delete the first sentence of paragraph 9.03A of the General Conditions in its entirety and replace with the following: A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified Engineer the progress that has been made and the qualityofthe various aspects of Contractor's executed Work. SC -9.03A Add the following new paragraph immediately after paragraph 9.03A of the General Conditions which is to read as follows: B. Engineer will fumish a part-time Resident Project Representative. Contractor is responsible to give 24-hour notice on all required inspections so that the Resident Project Representative may be present. SC 9.04 A Delete the third sentence of paragraph 9.04A of the General Conditions in its entirety and replace with the following: However, if Contractor daims entitlement to additional time or money as a result of the Field Order, such entitlement is conditioned upon obtaining a Change Order authorized and executed by Owner after timely making a Claim as provided in the Contract Documents. SC 9.08-A: Delete the second sentence of 9.08A of the General Conditions in its entirety and replace with the following: 00800-10 H\Projects\074118idding Contract Specificationslspec Templat020071008001supplementary Conditions.doc Except for: (a) Claims for differing subsurface or physical conditionsgovemed and (b) claims for time extensions governed by paragraphand other by paragraph 12.03, all matters in question and other matters between Owner and Contractor arising prior to the date final payment is due, relating to the acceptability of the Work and the interpretation of the requirements of the contract documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 15 days after occurrence of the event giving rise to such Claim or within 15 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later, provided, however, the Owner shall make all final determination of such matters. SC 9.08-C Delete paragraph 9.08-C of the General Conditions in its entirety SC 9.08-D Delete paragraph 9.08-D of the General Conditions in its entirety SC 10.03 A.3 Delete subparagraph 10.03.A.3 of the General Conditions in its entirety SC 10.05A Delete paragraph 10.05A of the General Conditions in its entirety and replace with the following: A. All Claims shall initially be referred to the Engineer for decision. SC 10.05.8 Delete paragraph 10.05.B of the General Conditions in its entirety and replace with the following: Except for: (a) Claims for differing subsurface or physical conditions govemed by paragraph 4.03; and (b) claims for time extensions govemed by paragraph 12.03, Claims by either party shall be initiated within 15 days after occurrence of the event giving rise to such Claim or within 15 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later, by written notice of the amount or extent of the Claim, dispute, or other matter with supporting data to the Engineer and the other party by written notice stating the general nature of each Claim, dispute, or other matter delivered by the claimant to Engineer and the other party to the Contract A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.8. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. No daim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. SC 10.05 C Delete paragraph 10.05C of the General Conditions in its entirety. SC 10.05 D and E Delete paragraphs 10.05.0 and E of the General Conditions in their entirety ARTICLE 11 - COST QF THE WORK; ALLOWANCES; UNIT PRICE WORK SC -11.02A Delete paragraph 11.02.A of the General Conditions in its entirety and replace with the following: It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER. Delete paragraphs 11.028 through D of the General Conditions in their entirety. 00800-11 H1Projects107411Bidding Contract Specifications1Spec Template1200710080o1supplernentary Conditions.doc ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC12.01C Delete "15 percent" in line 2 of paragraph 12.01C.2.a of the General Conditions and replace with "10 percent". SC12.01 C Delete "15 percent" in line 6 of paragraph 12.01 C.2.c of the General Conditions and replace with "10 percent". 12.03A and B Delete paragraphs 12.03.A and 12.03B of the General Conditions in their entirety and replace with the following: A. Where Contractor is delayed or prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if fj a Claim is made therefore as provided in paragraph 12.02.A and (2) Contractor provides evidence that the delay impacted the critical path of the Project. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, abnormal weather conditions or acts of God. The Contractor must request the extension of time in writing and must provide the following information within the time periods stated hereafter. Failure to submit such information and in compliance with the time requirements hereinafter stated, shall constitute a waiver by the Contractor and a denial of the daim for extension of time: 1. Nature of the delay or change in the Work; 2. Dates of commencement and cessation of the delay or change in the Work; 3. Activities on the current progress schedule affected by the delay or change in the Work; 4. Identification and demonstration that the delay or change in Work affects the critical path; 5. Identification of the source of delay or change in the Work; 6. Anticipated extent of the delay or change in the Work; and 7. Recommended action to minimize the delay. B. Contractor hereby affirms that the extension of time granted herein is the Contractor's sole and exclusive remedy. Apart from extension of time, no payment or claim for damages shall be made to the Contractor as compensation for damages for any delays or hindrances from any cause whatsoever in the progress of the Work whether such delay is avoidable or unavoidable. SC 12.03C Delete paragraph 12.03.0 of the General Conditions in its entirety. SC 12.030 Delete paragraph 12.030 of the General Conditions in its entirety and replace with the following: In no event shall Owner, Engineer, or the Related Entities of either of them be liable to Contractor, any Subcontractor, any Supplier, any other person or organization, or any surety for or employee or agent of any of them, for any daim, cost, Toss, or damages of any nature whatsoever arising out of or resulting from delays. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC 13.04C Delete the words: "arbitration or" in line 10 of paragraph 13.04.0 of the General Conditions. 00800-12 H1Projects107411Bidding Contract Spec ificfications1Spec Template1200710080o1supplementary Conditions.doc SC 13.06A Delete the words: "arbitration or" in line 9 of paragraph 13.06.A of the General Conditions. SC13.07A Add the following sentence at the beginning of paragraph 13.07.0 of the General Conditions: The Owner and Contractor agree that a warranty inspection shall be scheduled no later than eleven (11) months after final payment under this Contract so that the Owner and the Contractor may inspect and otherwise examine the Work prior to the expiration of the Performance Bond SC 13.07E Delete paragraph 13.07E of the General Conditions in its entirety and replace with the following: Contractor's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or any way to limit the Contractor's continued liability for defective Work, including latent defects. SC 13.08A TWO changes: 1. Delete the words: arbitration or" in line 8 of paragraph 13.08.A of the General Conditions. 2. Delete the phrase "(such costs to be approved by Engineer as to reasonableness)" in lines 10 and 11 of paragraph 13.08.A of the General Conditions. 13.09C Delete the words: "arbitration or" in line 4 of paragraph 13.09.0 of the General Conditions. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02A.1 Delete the first sentence of paragraph 14.02.A.1 of the General Conditions in its entirety and replace with the following: On or before the tenth (10th) day of each month, the Contractor shall submit completed partial progress payment requests to the Engineer, as set forth herein. Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. Such supporting documents shall include but not be limited to, the required Contractors certification; retainage as set forth in the Agreement; and a monthly dated CPM schedule for the Project. The Contractor shall make the following certification (Affidavit) qn each Application for Payment: 1 I hereby certify that the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below: "Alt payments by Indian River County as Owner shall be made in accordance with the Local Govemment Prompt Payment Act. Florida Statutes section 218.70 et. seq. SC -14.02A.3 Add a new paragraph immediately after paragraph 14.02A.3 of the General Conditions, which is to read as follows: 00800-13 H\Projects107411Bidding Contract Specifications1Spec Template12007V00800supplementary Conditions.doc 1 4. Contractor shall furnish satisfactory proof to Owner and Engineer that payment received from Owner for materials and equipment not incorporated into the Work and suitably stored, has in fact been paid to the respective supplier(s) within ten (10) days of Contractor's receipt of payment from Owner. Failure to provide such evidence of payment shall result in the withdrawal of previous approval(s) and removal of the cost of related materials and equipment from the next submitted Application for Payment, and shall be deemed a default under the Contract. SC -14.02C.1 Delete paragraph 14.02.0 of the General Conditions in its entirety and replace with the following: All payments by Indian River County as Owner shall be made in accordance with the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. SC-14.02D.1.d Delete paragraph 14.02D.1.d of the General Conditions in its entirety and replace with the following: d. OWNER has actual knowledge of the occurrence orprobable occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. SC -14.02D.2 Delete paragraph 14.02D.2 of the General Conditions in its entirety and replace with the following: If Owner refuses to make payment of the full amount recommended by Engineer, Owner shall provide notice to Contractor in accordance with the provisions of the Local Govemment Prompt Payment Act. Florida Statutes section 218.70 et. seq. and pay Contractor any amount remaining after deduction of the amount so withheld in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. Owner shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. SC -14.03A. Add the following sentences to the end of the existing paragraph 14.03A of the General Conditions as follows: No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. Contractor warrants that Contractor has good title to all materials and supplies used by Contractor in the Work, free from all liens, daims or encumbrances. SC -14.04C. Delete paragraph 14.04C of the General Conditions in its entirety and replace with the following: If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion. In accordance with the provisions of Florida Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the. Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay 00800-14 H\Projects107411Bidding Contract Specifications1Spec Template12007\008001supplementary Conditions.doc 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 14.040 Delete paragraph 14.040 of the General Conditions in its entirety and replace with the following: At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. SC14.07A.3 Delete paragraph 14.07A.3 of the General Conditions in its entirety. SC -14.07B.1 Delete paragraph 14.07B.1 of the General Conditions in its entirety and replace with the following: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will indicate, within twenty days after receipt of the final Application for Payment, in writing Engineer's recommendation of payment and present the Application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. SC -14.07.C.1 Delete paragraph GC -14.07.C.1 in its entirety and replace with the following: Payment shall be made by Owner to Contractor according to the Local Government Prompt Payment Act, Florida Statutes section 218. etseq. SC 14.08 Delete paragraph 14.08 of the General Conditions in its entirety. SC 14.09 Delete paragraph 14.09 of the General Conditions in its entirety. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION SC -15.02.A.1 Delete subparagraph 15.02.A.1 of the General Conditions in its entirety, and replace with the following: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents; SC -15.02.A.4 Delete subparagraph 15.02.A.4 of the General Conditions in its entirety, and replace with the following: 4. Contractor's violation of any material provisions of the Contract Documents. SC 15.02A5 and 6: Add the following new subparagraphs at the end of paragraph GC -15.02.A 00800-15 H\Projects107411Bidding Contract Specifications1Spec Template120071008001supplementary Conditions.doc 5. Failure of Contractor to make proper payments to Subcontractors for labor, services, materials or equipment in connection with the Work; 6. If Contractor abandons the Work, or assigns Contract or any part thereof, without the previous written consent of Owner, otherwise than in accordance with the Contract Documents. SC -15.02.0 Delete the words: "arbitration or" in line 7 of paragraph 15.02.0 of the General Conditions. SC -15.03.A.3 Delete subparagraph 15.03.A.3 of the General Conditions in its entirety. SC 15.02.G Add the following new paragraph immediately following paragraph 15.02.F of the General Conditions: G. If, after termination of the Contract by the Owner for cause as set forth in paragraph 15.02, it is determined that the Contractor had not failed to fulfill its contractual obligations, the termination under paragraph 15.02 shall be deemed to have been for the convenience of the Owner. In such event, adjustment of the contract price shall be made as provided in paragraph 15.03. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01A Delete the paragraph 16.01A of the General Conditions in its entirety and replace with the following: A. Prior to the filing of any suit or other legal proceedings, the parties shall endeavor to resolve claim disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The parties shall, by mutual agreement, select a circuit court mediator as certified by the Supreme Court of Florida within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a circuit court mediator as certified by the Supreme Court of Florida, then the Owner shall select the mediator, who shall be a circuit court mediator as certified by the Supreme Court of Florida. The mediator's fee shall be paid in equal shares by Owner and Contractor. SC 16.01.C. Delete paragraph 16.01 C of the General Conditions in its entirety and replace with the following C. Contractor shall carry on the Work and maintain the progress schedule during the dispute resolution proceedings, unless otherwise agreed by Contractor and Owner in writing. ARTICLE 17 - MISCELLANEOUS SC 17.01A Delete paragraph 17.01A of the General Conditions in its entirety and replace with the following Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial ovemight courier service; or (c) Mailed by registered or certified mail (postage prepaid), retum receipt requested at the addresses of the parties shown in the Agreement. Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions 00800-16 HProjects10741 \Bidding Contract specificationslspec Temprate\20071008001supplementary Conditions.doc received (Le., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this paragraph, by written notice to the other party given in accordance with the provisions of this paragraph. PART II — FORMS TO BE USED DURING PROJECT CONSTRUCTION (Pages 16 through 34) NOTICE OF AWARD — (Sample) NOTICE TO PROCEED FIELD ORDER WORK CHANGE DIRECTIVE CHANGE ORDER APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION FINAL RELEASE OF LIEN DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 00800-17 H\Projects\0741\Bidding Contract Specifications\Spec Template1200A00800 supplementary Conditions.doc (This Page Intentionally Left Blank) 00800-18 H\Projects107411Bidding Contract Specifications\Spec Template120071008001supplementary Conditions.doc TO: (SAMPLE) NOTICE OF AWARD (Bidder) Dated , 20_ CONTRACT FOR: VERO LAKE ESTATES WATER MAIN — PHASE 11 You are notified that your Bid dated , 20_ for the above Contract has been considered. You are the apparent successful Bidder and have been awarded a contract for: (Indicate total Work, alternates or sections of Work awarded) The Contract Price of your contract is Dollars )- Enclosed are two (2) copies of the Contract Documents for your execution and subsequent retum to this office for further processing. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by , 20 : 1. Execute all copies of the Agreement Each Project Manual and set of contract drawings must bear your signature on the cover sheet. Do not date the Agreements or bonds; this will be accomplished upon execution of the contracts by the OWNER. Submit a power of attorney authorizing OWNER to date bonds and Agreements. 2. Submit one (1) original copy of the Payment and Performance Bonds. Instructions to the Surety and the Principal for execution of the bonds are as follows: Where the CONTRACTOR is a Corporation, the Agreement and any bonds must be executed by the President or other duly authorized officer of the corporation. The Agreement or Bond is acc9mpanied by a statement certified by a Secretary of the Corporation. The signatures of the persons executing the bond on behalf of the Principal and of the Surety, respectively, shall each be dated on the signature line. If the bond is executed by an Attomey-in-Fact for the Surety, the accompanying Power of Attorney must be executed by persons whose authority to do so is plainly identified on the face of the Power of Attomey. 00800-19 H\Projects10741\Bidding Contract Specifications\Spec Template120071008001suppiementary Conditions.doc Neither signatures nor the Corporate Seal may appear by facsimile unless the authority for them to appear in that form is plainly disclosed on the face of the document. The Secretary or other properly authorized Officer must certify and seal a statement declaring that the authority granted by the Power of Attorney remained in force on the date that the bond was executed by the Attomey-in-Fact. 3. Include two (2) copies of the Certificate of Insurance. The Certificate must name the OWNER as an additional insured and the standard cancellation clause must read as follows: "Should any of the above described policies be canceled or changed by restricted amendment before the expiration date thereof, the issuing Company will give thirty (30) days written notice to the below named certificate holder." Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within twenty (20) days after you comply with the above conditions, the OWNER will return to you one fully signed counterpart of the Contract Documents attached. If you have any questions, or if we can be of any further assistance, please do not hesitate to contact this office. Sincerely, f 00800-20 H1Projects107411Bidding Contract Specifications'Spec Template\2007V008001supplementary Conditions.doc J i NOTICE TO PROCEED , 20 CONTRACT FOR: VERO LAKE ESTATES WATER MAIN — PHASE 11 CONTRACTOR: Gentlemen: You are hereby notified to commence work on the subject contract on or before , 20 and are to fully complete the work within calendar days. In accordance with the contract documents, the Substantial Completion date is , ( days) with the Final Completion date being ( days). Extension in time will be by written change order only. The contract provides for assessment of liquidated damages for each consecutive calendar day that the work remains incomplete after the above established substantial completion date the sum of $ and for each consecutive calendar day that the work remains incomplete after the above established final completion date the sum of $ Indian River County, Florida (OWNER) By: (Authorized Signature) W. Erik Olson, Director of Utilitv Services (Printed Name & Title of Above Signer) NOTE: Attach this notice to your contract making it a part thereof. 00800-21 H\Projects\0741 \Bidding Contract Specifications\Spec Template\2007100800\supplementary Conditions.doc FIELD ORDER PROJECT: FIELD ORDER NO.: DATE: CONTRACT: OWNER: OWNER'S PROJECT NO.: TO: CONTRACT DATE: This Field Order is issued to interpret/clarify the Contract Documents, order minor changes in the work and/or memorialize trade-off agreements. Both parties hereby agree that the work described by this Field Order is to be accomplished without change in Contract Sum, Contract Time, and/or claims for other costs. DESCRIPTION: (Here insert a written description of the interpretation, change or agreement.) FIELD ENGINEER: CONTRACTOR: BY: BY: DATES: DATE: 00800-22 H\Projects107411eidding Contract Specirications.Spec Template120071008001supplementary Conditions.doc (This Page intentionally Left Blank) 00800-23 H1Projects107411Bidding Contract SpecificationsISpec Template12007100800%supplementary Conditions.doc i WORK CHANGE DIRECTIVE No. PROJECT: DATE OF ISSUANCE: OWNER: (Name, Address) CONTRACTOR: CONTRACT FOR: OWNER's Project No.: ENGINEER: ENGINEER's Project No.: You are directed to proceed with the following change(s): Description: Purpose of Work Directive Change: Attachment(s) (list documents supporting change): If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Time: [ ] Time and Materials [ ] Contractor's records [] Unit Prices [ ] Engineer's records [ ] Cost plus fixed fee [ ] Other Estimated increase (decrease) in Contract Price Estimated increase (decrease) in Contract Time $ . If the days. If the change involves an change involves an increase, the estimated increase, the estimated time is not to be exceed amount is not to be exceeded without further without further authorization. authorization. Once the Work covered by the directive is completed or final cost and time determined, Contractor should submit documentation for inclusion in a change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIME. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. RECOMMENDED: APPROVED: By: By: Engineer Owner Date: Date: 00800-24 HRProjectsW741 (Bidding Contract Specifications1Spec Template12007100800%aupplementary Conditions.doc WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, induding a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimates time is reached. If Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. 00800-25 H\Projects107411t3idding Contract SpecificationslSpec Template120071008001supplementary Conditions.doc CHANGE ORDER No. PROJECT DATE OF ISSUANCE EFFECTIVE DATE OWNER OWNER's Contract No. M&M Project No. CONTRACTOR ENGINEER You are directed to make the following changes in the Contract Documents: Description: Reason for change order. Attachments: (List documents sunnortina chan�e� CHANGE IN CONTRACT PRICE Original Contract Price $ CHANGE IN CONTRACT TIME Original Contract Times Substantial Completion: Ready for final payment: Days or dates Net changes from previous Change Orders No. to No. Net change from previous Change Orders No. to No. $ days Contract Price prior to this Change Order $ - Contract Time prior to this Change Order Substantial Completion: Ready for final payment: Days or dates Net Increase (decrease) in this Change Order $ Net Increase in this Change Order days Contract Price with all approved Change Orders $ Contract Time with all approved Change Orders Substantial Completion: ..�,.......__.__ _ ___ f __ Ready for final payment: Days or dates By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) ACCEPTED: By: Date: Date: Date: EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 00800-26 HProjectsO074116idding Contract SpecificationslSpec Temptate12007100800%supplementary Conditions.doc i CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval; depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. r 00800-27 H\Projects\0741\Bidding Contract Specifications\Spec Templatee20071008001supplementary Conditions.doc To: From: Contract Project: APPLICATION FOR PAYMENT NO. (OWNER) (CONTRACTOR) OWNER's Contract No. ENGINEER's Project No. For Work accomplished through the date of: 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 less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances; (2) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (3) the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last progress payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below: " Dated CONTRACTOR By: State of County of Subscribed and swom to before me this _ day of Notary Public My Commission expires: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated ENGINEER By: EJCDC No. C -700-E (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification Institute. 00800-28 H1Projects10741\Bidding Contract Specifications%SpecTemplate120071008OOnsupplementary Conditions.doc l APPLICATION FOR PAYMENT INSTRUCTIONS A. GENERAL INFORMATION The sample form of Schedule of Values is intended as a guide only. Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor's schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to Artide 14 of the General Conditions for provisions concerning payments to Contractor. B. COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2.05.6.3 and 2.07 of the General Conditions, should be reproduced as appropriate in the space indicated on the Application for Payment form. Note that the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit. All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments. The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the form. C. LEGAL REVIEW All accompanying documentation of a legal nature, such as Lien Waivers, should be reviews by an attomey, and Engineer should so advise Owner. 00800-29 H\Projects10741 \Bidding Contract Specifications1Spec Template120071008001supplementary Conditions.doc CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT DATE OF ISSUANCE OWNER Indian River County Board of County Commissioners OWNER's Contract No. M&M Project No. CONTRACTOR ENGINEER Masteller & Moler, Inc. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: And To OWNER CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of Remit° be completed or corrected is attached hereto. This list may not be all - i nclusive, and the failure to indude an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within Days of the above date of Substantial Completion. EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 00800-30 H1ProjectsW74116idding Contract SpearicationslSpec Template120071008001supplementary Conditions.doc 1 From the date of Substantial Completion, the responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: (For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.) This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on ENGINEER By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR By: OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: (Authorized Signature) 00800-31 H1Projects107411Bidding Contract SpecificationssSpec Template120071008001supplementary Conditions.doc FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that (Company Name) The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all daims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. for all in consideration of (Total Amount of Contract) dollars ($ ) paid to by receipt of which is hereby acknowledged, (Me/Us) do hereby release and quit claim to the OWNER, its successors (I/We) or assigns, all liens, lien rights, claims or demands of any kind whatsoever which now have or might have against the property, building, and/ or (1/We) for any incidental expense for the construction of (Project Number) (Project Name) thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF I have hereunto set my hand and seal this day of , 20 By WITNESS: Title (SEAL) 00800-32 H1Projectsm741\Bidding Contract Specifications%Spec TemplateV007100800\supplementary Conditions.doc (This Page Intentionally Left Blank) 00800-33 H\Projects10741\Bidding Contract SpecificationsVSpec Template120071008001supplementary Conditions.doc DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 1. GENERAL Resident Project Representative is ENGINEER'S Agent, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings with Subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with OWNER will be only through or as directed by ENGINEER. 2. DUTIES AND RESPONSIBILITIES Resident Project Representative will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER conceming their acceptability. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. 3. Liaison: 4. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site operations. 5. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 6. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 7. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 00800-34 H1Projects107411Bidding Contract Specifications1Spec Template120071008001supplementary Conditions.doc c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. 8. Interpretation of Contract Documents: Transmit to CONTRACTOR engineer's clarifications and interpretations of the Contract Documents. 9. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 10. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents induding all Addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S darifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as the case of observing test procedures. Send copies to ENGINEER. c. Record names, addresses and telephone numbers of all contractors, Subcontractors and major suppliers of materials and equipment. 11. Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR'S compliance with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c. Report immediately to ENGINEER upon the occurrence of any accident. 12. Payment Requisitions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with redommendations to ENGINEER, noting particularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work_ 13. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and fumished by CONTRACTOR are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 00800-35 MProjects O7411Bidding Contract Specifications1Spec Template120071008001supplementary Conditions.doc 14. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of ENGINEER, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on ENGINEER'S authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR; Subcontractors or CONTRACTOR'S superintendent, or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests. END OF SECTION 00800-36 H1Projeds107411Bidding Contract Specifications%Spec Template120071008001supplementary Conditions.doc (This Page Intentionally Left Blank) 00800-37 Ii\Projects107411Bidding Contract Specffications1Spec Template120071008001supplementary Conditions.doc SECTION 00850 DRAWINGS INDEX 1 TITLE SHEET K-1 INDEX SHEET K1 87"' STREET PLAN & PROFILE SHEET W-2 87"' STREET PLAN & PROFILE SHEET W-3 87"' STREET PLAN & PROFILE SHEET W-4 87"' STREET PLAN & PROFILE SHEET W-5 99TH COURT PLAN & PROFILE SHEET W-6 99TH COURT PLAN & PROFILE SHEET W-7 99TH COURT PLAN & PROFILE SHEET W-8 99TH COURT PLAN & PROFILE SHEET W-9 99TH COURT PLAN & PROFILE SHEET W-10 95TH COURT PLAN & PROFILE SHEET W-11 95TH COURT PLAN & PROFILE SHEET W-12 95TH COURT PLAN & PROFILE SHEET W-13 95TH COURT PLAN & PROFILE SHEET W-14 95TH COURT PLAN & PROFILE SHEET D-1 CONSTRUCTION NOTES D-2 DETAIL SHEET END OF SECTION 00850-1 H\Projeds1074116idding Contrail Specifications1Spec Tempiate12007W08501Drawing Index.doc SECTION 00900 ADDENDA (ADDENDA TO BE INSERTED HERE) END OF SECTION 00900-1 H\Projects0741\Bidding Contract SpecificationslSpec Template120071009001Adenda.doc (This Page intentionally Left Blank) 00900-2 H1Projects07411Bidding Contract SpecificationsSSpec Template\2007W09001Adenda.doc SECTION 00901 APPROVED PERMITS (PERMITS TO BE INSERTED HERE) END OF SECTION 00901-1 H \Projects \0741 \Bidding Contract Specifications1Spec Template12007\009011Aapproved Permits.doc Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Notification of Use of General Permit SENT BY E-MAIL Permittee: Erik W. Olson, Indian River County Utilities Department Utility: Erik W. Olson, Indian River County Utilities Department Engineer: Earl H. Masteller, P.E., DEE, Masteller & Moller, Inc Permit Number: WD31-0039206-73 8 Project Name: Vero Lake Estates Phase II County: Indian River Location: Vero Lakes Estates Subdivision Charlie Crist Governor Jeff Kottkamp Lt. Governor Michael W. Sok Secretary iriCCIERTICT lit NOV 2 1 2001, v Project Description: Part of Vero Lake Estates Master Planned water transmission main to run along 87th St. from 98th Ave. west, to 104th Ave ; along 99th Court from 87th St south to 79th St; along 95th Court from 87th St south to 79th St. To the Permittee: Erik W. Olson, Utility Department Director In response to your request, this document is to advise you that the Department has received your notice of intent to use a general permit as provided in Chapter 62-555, Florida Administrative Code (F.A.C.), to construct a water distribution system extension and is not at this time objecting to your use of such general permit. Please be advised that you are required to abide by all conditions in Chapters 62-4, 62-550, 62-555, the general requirements for general permits, and Rule 62-555.405, F.A.C. Also note that the permittee must promptly notify the Department upon sale or legal transfer of the permitted facility. This permit is transferable only upon Department approval. The new owner must apply, by letter, for a transfer of permit within 30 days. A LETTER OF CLEARANCE MUST BE ISSUED BY THE DEPARTMENT PRIOR TO PLACEMENT OF THIS PROJECT INTO SERVICE. FAILURE TO DO SO WILL RESULT IN THE PERMITTEE BEING SUBJECT TO APPROPRIATE ENFORCEMENT ACTION. To obtain the clearance letter, the engineer -of -record must submit a "Request for Letter of Release to Place Water Supply System into Service" [DEP Form 62-555.900(9), F.A.C.] (attached), a copy of this letter and satisfactory bacteriological test results (with chlorine residuals indicated) taken on two consecutive days from the following locations: a. The proposed 1$ bacteriological sampling points as indicated in the plans. Water sample forms must indicate specific recommended sample locations and file number above. Permit expiration date is five years from the date of issuance. Pawl Shachiml <,Colt Richard S. Lott, P.G., P.E. Manager — Drinking Water Program Date: November 21, 2007 RSL/DAV/DAV eolson@ircgov.com ; mastmolr@bellsouth.net "More Protection, Less Process'' DIVISION 1 GENERAL REQUIREMENTS SECTION 01010 SUMMARY OF WORK PART 1 — GENERAL 1.01 LOCATION OF WORK A. The Work of this Contact is located on the Spoonbill Marsh Wetland Disposal Treatment Site, as shown on the Construction Drawings. 1.02 SCOPE OF WORK A. Fumish all labor, materials, equipment and incidentals required to construct the 12" water main as shown on the Drawings and specified herein. The work shall be complete. Ali labor, materials, and services not expressly indicated or called for in the Contract Documents, which may be necessary for the complete and proper construction of the work in good faith shall be provided by the CONTRACTOR as though originally so indicated, at no increase in cost to the OWNER. B. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally descxthed as follows which shall indude, but is not necessanly limited to the following. Construction of approximately 3,300 LF of 12" Water Main and associated appurtenances along 87' Street and approximately 10,000 LF of 8" diameter water main and associated appurtenances along 95th Court and 99"' Court. Construction consists of, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances; 12" directional bores, 8" directional bores, valves, fire hydrant assemblies, wet tap, restrainers, soil compaction, disinfection, testing, (includes providing temporary jumper or another approved method for disinfection and flushing), irrigation repair, non -paved road and drive restorations, sod, private property replacement or repair, franchise utility repair and traffic controL PVC pipe shall be C-900 per Indian River County Utility Standards and specifications. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied within. 01010-1 H\Projects107411Bidding Contract Spec iications\Spec Template120070010\Summary of Work.doc 1.03 WORK BY OTHERS A. Any work performed by others prior to or in conjunction with the Work of this Contract, the CONTRACTOR shall cooperate with other CONTRACTOR's on the site. B. Interference With Work on Roads/Utilities: the CONTRACTOR shall cooperate fully with all utility forces of the OWNER or forces of other public or private agencies engaged in relocation, altering, or otherwise rearranging of any Road/Utility facilities which interfere with the progress of the Work, and shall schedule the Work so as to minimize interference with said relocation, altering, or other rearranging of facilities. CONTRACTOR shall minimize road lane dosures and obtain County approval in writing and secure any necessary permits prior to any lane dosures or work in the right-of-way. C. Concurrent Work by Other CONTRACTOR's: The CONTRACTOR's attention is directed to the fact that work may be conducted adjacent to or on the site by other CONTRACTOR's during the performance of the Work of this Contract. The CONTRACTOR shall conduct its operations so as to cause a minimum of interference with the Work of such other CONTRACTOR's. D. Refer to the General Conditions for additional requirements. 1.04 WORK SEQUENCE A. Perform Work to ensure completion of the Work within the Contract Time. Completion dates of the various stages shall be in accordance with the approved construction schedule submitted by the CONTRACTOR. The CONTRACTOR shall provide a written plan and Schedule in the event he desires to perform work from different stages concurrently. A written plan describing the CONTRACTOR's intent must be submitted for approval by the ENGINEER. 1.05 CONTRACTOR's USE OF PREMISES A. CONTRACTOR shall have use of the premises as indicated on the drawings for the performance of the Work, subject to ongoing work by other CONTRACTOR's and the County. B. Coordinate use of premises with OWNER and ENGINEER. C. CONTRACTOR shall assume full responsibility for security of all his and his subCONTRACTOR's materials and equipment stored on the site. D. If directed by the OWNER or ENGINEER, move any stored items which interfere with operations of OWNER or other CONTRACTOR's. E. Obtain and pay for use of additional storage or work areas if needed to perform the Work. 01010-2 H\Projects107411Bidding Contract SpecificationslSpec Template120071010101Summary of Workdoc F. The CONTRACTOR shall be responsible for obtaining temporary sanitary facilities during construction and all associated costs. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION 3.01 GENERAL A. The CONTRACTOR shall coordinate construction and reconstruction work with the OWNER and ENGINEER. Unless otherwise indicated, the CONTRACTOR shall be responsible for the sequence of the work. All work shall be performed in accordance with applicable safety rules and regulations. B. The CONTRACTOR shall insure that any utilities connected to structures, equipment, and facilities to be removed, relocated, salvaged, replaced, or abandoned shall be rendered inoperable, replaced with new utilities, or adequately bypassed with temporary utilities before proceeding with reconstruction. C. The CONTRACTOR shall take precautions to avoid damage to adjacent facilities and to limit the reconstruction activities to the extent indicated. If reconstruction beyond the scope indicated is required, the CONTRACTOR shall obtain approval from the ENGINEER prior to commencing work. 3.02 DISPOSAL A. Clearing and grubbing and removal of debris, where necessary, shall minimize interference with roads, streets, walks, and other adjacent occupied or used facilities which shall not be dosed or obstructed without permission from the OWNER. Alternate routes shall be provided around dosed or obstructed traffic ways. B. Site debris, rubbish, and other materials resulting from reconstruction operations shall be legally removed and disposed of at the CONTRACTOR's expense. Structures and equipment to be demolished shall be deaned prior to demolition and the wash water properly disposed. No trace of these structures shall remain prior to placing of backfin in the areas from which structures were removed. C. Refuse, debris, and waste materials resulting from demolition and site clearing operations shall not be burned. All refuse and waste material shall be disposed of at the IRC Landfill with the CONTRACTOR paying all transportation and disposal fees. END OF SECTION 01010-3 HU'rojects107411Bidding Contract Specifications1Spec Template120071010101Summary of Work.doc SECTION 01025 MEASUREMENT AND PAYMENT PART 1 — GENERAL 1.01 GENERAL Measurement and payment will be based upon work completed and accepted in accordance with the Contract Documents. No separate payment will be made for excavation, trenching, dewatering, backfilling, leakage tests, surveying, density tests, or other incidental items of work not shown in the Agreement. 1.02 EQUIPMENT AND MATERIALS IN STORAGE Partial payment for materials and equipment in proper storage at the site of the work or other approved storage site will be made for those items for which the Contractor has submitted paid invoices to the Engineer. The partial payment for stored materials will be 50% of the value of materials and equipment, based on receipted bilis, furnished but not incorporated in the work, as determined by Engineer. 1.03 MEASUREMENT A. Mobilization: Measurement shall be on a lump sum basis, and shall be limited to the following maximum amounts: ORIGINAL CONTRACT AMOUNT ($) MAXIMUM AMOUNT OF FROM MORE THAN TO AND INCLUDING ITEM FOR MOBILIZATION 0 100,000 3,000 100,000 500,000 15,000 500,000 1,000,000 30,000 1,000,000 2,000,000 60,000 2,000,000 3,000,000 90,000 3,000,000 4,000,000 120,000 4,000,000 5,000,000 125,000 5,000,000 6,000,000 150,000 6, 000,000 7,000,000 175,000 7,000,000 10,000,000 200,000 10,000,000 250,000 Should the lump sum price bid for the item Mobilization exceed the maximum permissible amount for this item, as specified herein, the bid price will be reduced to the maximum permissible amount, and the reduced price will be used in correctly determining the total price for comparison of bids received. The cost of video taping the pre -construction condition shall be included in the lump -sum cost of mobilization. 01025-1 H:1Project 07411Bidding Contract Specifific ationsZpec Ternplate12007101025 Measurement and Payment.doc B. Pipe: Measurement of pipe shall be computed using linear feet, as measured along the centerline of the pipe installed (Except when included in lump sum bid items -ie; Aerial crossing). No deduction will be made for the length of valves and fittings installed in the line. Where the measurement terminates at a valve, bend, tee, or other fitting, the centerline of the valve or fitting shall be the point of termination. All required erosion control clearing, excavation, backfill, compaction, all restoration and replacement, paving, grading, density testing, pipe lining, coating, encasement material, restraining devices, and all mechanical joint fittings and thrust blocks shall be included in the cost of the pipe. C. Fittings: Measurement of cast iron and ductile iron fittings shall be on the basis of weight. The weights used to determine the quantity installed shall be the weights of the appropriate fittings as listed in the supplier's invoice or catalog. When mechanical joint fittings are required, the weight of the gland bolts and gaskets shall not be added to the listed weight of the fittings. Where flanged fittings are fumished, the weight of the bolts and gaskets shall not be included. D. Gate Valves, air release valves, Tapping Sleeve and Valves and other miscellaneous appurtenances: Measurement shall be on the basis of furnishing and installing each type and size of appurtenance required, including valve boxes, covers, and other associated items. (Except when included in lump sum bid items — eg; aerial crossing, directional bore.) E. Fire Hydrant Assembly: Measurement of fire hydrant assembly shall be for the actual number constructed in accordance with the Plans and Specifications, or as directed by the Engineer, at the unit price bid for the item "Fire Hydrant Assembly," scheduled in the Form of Proposal. The unit price for "Fire Hydrant Assembly" shall include cutting bituminous paving, removal of paving courses and curb if required, excavation, fumishing and installation required length of 6' DIP water main, dry -barrel traffic hydrant, concrete foundations for hydrant, fitting, one (1) 6' diameter gate valve, concrete thrust block (reaction backing) for fire hydrant , backfill, blue reflective markers, all materials, equipment, labor and all else necessary therefore and incidential thereto. F. HDPE Horizontal Directional Bore: Measurement of HDPE horizontal directional bore shall be computed using linear feet, as measured prior to pull(ng, and deducting the length of pipe above ground service and include all material (induding HDPE pipe), equipment, supplies, fuel, labor, sheeting and bracing, receiving and boring pits (if required), excavation, dewatering, backfilling, compaction, mechanical fittings, restoration, fumishing and in stallion of the HDPE pipe. Payments shall be based on a linear foot price for the directional bore length as measured as specified above. 01025-2 H:1Project 074116idding Contract Specifications1Spec Template12007101025 Measurement and Paymentdoc G. Concrete Sidewalk and Driveway Replacement: Shall include sidewalk and/or driveway removed and replaced as a result of Contractor's operations. Minimum widths of replacement shall be as described in specifications or as shown on the plans. No separate payment will be made for concrete construction, induding sawcutting, excavation, formwork, reinforcing, or other work or materials required in connection with concrete construction. The cost of all concrete sidewalk and driveway replacement shall be included in the cost of the pipe. H. Asphaltic Pavement Replacement: " Shall include asphalt removed and replaced as a result of Contractor's operations. Minimum width of replacement shall be as described in the specifications or as shown on the plans. Work shall indude sawcutting, disposal of demo'd asphalt, and construction of the surface course, base, subgrade materials, and pavement markings, testing and all else incidental thereto. The cost of all asphaltic pavement replacement shall be included in the cost of the pipe. I. Asphalt Pavement Overlay: Shall indude all re -surfacing as a result of construction operations. The work shall indude tack coat, surface course and pavement markings. Asphalt pavement overlay shall be included in the cost of the pipe. J. Unimproved Driveway Replacement: Shall include (dirt, marl or shell) driveway replacement/reconstruction removed and replaced as a result of the construction operations. Work shall include subgrade and surface (shell) materials, compaction, density testing, etc. Unimproved driveway replacement shall be computed using linear fee, as measured along the centerline of the pipe installed. K. Grassing: Measurement of grassing (seed or sod) shall be computed using the linear feet, as measured along the water main pipe, or grassed area disturbed and restored as a result of Contractor's operations. The entire width of the disturbed area shall be grassed. Payment shall include all necessary grading, soil preparation, seeding, sodding, fertilizer, mulch, and irrigation. L. Construction Stake -Out: Measurement of construction stake -out shall be computed as a lump sum item, for all required construction stake -out, incltiding: layout and survey of the proposed construction, setting of stakes as required, necessary computations to establish the exact position of the work, establish reference to baselines, and provide and maintain off -set stakes outside the limits of construction and marked to show offset distance. M. Record Drawings/As-built Survey: Measurement of record drawings/as-built survey shall be computed as a lump sum item, for the preparation of "As -built Drawings", including field survey, drawing preparation in °ACRD°, with ties to state plan coordinates, all in accordance with IRCUDS water and wastewater utility standards. The as -built drawings shall be provided certified by a licensed and registered land surveyor. 01025-3 HAProject 0741\Bidding Contract Specifications%Spec Template22007W1025 Measurement and Payment.doc PAYMENT Payment will be made at the respective contract unit and/or lump sum price for each item shown in the Agreement, installed and accepted, which price and payment shall constitute full compensation for furnishing all materials and performing all work in connection therewith and incidental thereto. 1.05 RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY Where pavement, trees, shrubbery, fences, or other property or surface structures not designated as pay items have been damaged, removed, or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, state laws, municipal ordinances, or the specific direction .of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before work began within a time frame approved by the Engineer. ** END OF SECTION ** 01025-4 H:1Project 07411Bidding Contract Specifications%Spec Template12007\01025 Measurement and Payment.doc SECTION 01035 CHANGE ORDER PROCEDURES PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDE A. Promptly implement Change Order Procedures 1. Provide full written data required to evaluate changes. 2. Maintain detailed records of work done on a time-and-material/force account basis. 3. Provide full documentation to Engineer on request. B. Designate in writing the member of Contractor's organization: 1. Who is authorized to accept changes in the Work, 2. Who is responsible for informing others in the Contractor's employ of the authorization of changes in the Work. C. Owner will designate in writing the person who is authorized to execute Change Orders. 1.02 RELATED REQUIREMENTS A. The amount of established unit prices. B. Conditions of the Contract: 1. Methods of determining cost or credit to Owner resulting from changes in Work made on a time -and -materials basis. 2. Contractor's claims for additional costs. C. Applications for Payment are included in Section 01052. D. Construction Schedules is included in Section 01311. E. Schedule of Values is included in Section 01370. 1.03 DEFINITIONS A. Change Order See General Conditions 1.04 PRELIMINARY PROCEDURES A. Owner or Engineer may initiate changes by submitting a proposal Request to Contractor. Request will include the following: 1. Detailed description of the Change, Products, and location of the change in the Project. - 2. Supplementary or revised Drawings and Specifications. 3. The projected time span for making the change and a specific statement as to whether overtime work is, or is not, authorized. 4. A specific period of time during which the requested price will be considered valid. 01035-1 H\Projects107411Bidding Contrail Specifications\Spec Template120071010351Change Order Procedures.doc • 5. Such request is for information only, and is not an instruction to execute the changes, nor to stop work in progress. B. Contractor may initiate changes by submitting a written notice to Engineer, containing: 1. Description of the proposed changes 2. Statement of the reason for making the changes. 3. Statement of the effect on the Contract Sum and the Contract Time. 4. Statement of the effect on the work of separate contractors. 5. Documentation supporting any changes in Contract Sum or Contract Time, as appropriate. 1.05 CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of Proposal Request, Engineer may issue a 'Work Directive Change" for Contractor to proceed with a change for subsequent inclusion in a Change Order. B. Authorization will describe changes in the work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. C. Owner and Engineer will sign and date the Work Directive Change as authorization for the Contractor to proceed with the Changes. 1.06 DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each quotation for a lump sum proposal, and for each unit price which has not previously been established, with sufficient substantiating data to allow Engineer to evaluate the quotation. B. On request, provide additional data to support time and cost computation including the following: 1. Labor required. 2. Equipment required. 3. Products required: a. Recommended source of purchase and unit cost. b. Quantities required. 4. Taxes, insurance bonds. 5. Credit for work deleted from Contract, similarly documented. 6. Overhead and profit. 7. Justification for any change in Contract Time. C. Support each claim for additional costs, and for work done on a time -and - material / force account basis, with documentation as required for a lump sum proposal, plus the following additional information: 1. Name of the Owner's authorization agent who ordered the work, and date of the order. 2. Dates and time work performed, and by whom. 3. Time record, summary of hours worked, and hourly rates paid. 4. Receipts and invoices for. a. Equipment used, listing dates and times of use. b. Products used; listing quantities. c. Subcontracts. 01035-2 H1Projects107411Bidding Contract SpeaficationslSpec Template120071010351Change Order Procedures.doc D. Document requests for substitutions for Products as specified in Section 01630. 1.07 PREPARATION OF CHANGE ORDERS A. Engineer will prepare each Change Order. B. Form: Change Order format provided in the Contract Documents. C. Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of change. D. Change Order will provide an accounting of the adjustmentin the Contract Sum and in the Contract Time. 1.08 LUMP SUM / FIXED PRICE CHANGE ORDER A. Content of Change Orders will be based on either. 1. Engineer's Proposal Request and Contractor's responsible Proposal as mutually agreed upon between OWNER and Contractor. 2. Contractor's Proposal for a change, as recommended by Engineer. B. Owner and Engineer will sign and date the Change Order as authorization for the contractor to proceed with the changes. C. Contractor shall sign and date the Change Order to indicate agreement with the terms therein. 1.09 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on, either. 1. Engineer definition of the scope of the required changes. 2. Contractor's Proposal for a change, as recommended by Engineer. 3. Survey of completed work B. The amount of the unit prices shall be: 1. Those stated in the Agreement. 2. Those mutually agreed upon between Owner and Contractor. C. When quantities of each of the items affected by the Change Order can be determined prior to start of the work: 1. Owner and Engineer will sign and date the Change Order as authorization for Contractor to proceed with the changes. 2. Contractor shall sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the work: 1. Engineer or Owner will issue a Change Order directing Contractor to proceed with the change on the basis of unit prices, and will cite the applicable unit prices. 2. At completion of the change, Engineer will determine the cost of such work based on the unit prices and quantities used. 01035-3 H\Projects107411Bidding Contract SpecifcationslSpec TemplateVO07101035 Change Order Procedures.doc a. Contractor shall submit documentation to establish the number of units of each item and any daims for a change in Contract Time. 3. Engineer will sign and date a second Change Order to establish the change in Contract Sum and in Contract Time. 4. Owner and Contractor will sign and date the second Change Order to indicate their agreement with the terms therein. 1.10 TIME AND MATERIAL / FORCE ACCOUNT CHANGE ORDER / CONSTRUCTION AUTHORIZATION A. Engineer and Owner will issue a Work Directive Change directing Contractor to Proceed with the changes on a time -and -material / force account basis. B. At completion of the change, Contractor shall submit itemized accounting and supporting data as provided in the Article Documentation of Proposals and Claims" of this section. C. Engineer will determine the allowable cost of such work, as provided in General Conditions and Supplementary Condition. D. Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. E. Owner and Contractor will sign and date the Change Order to indicate their agreement therein. 1.11 CORRELATION WITH CONTRACTOR's SUBMITTALS A. Contractor shall periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Contract Sum. B. Contractor shall periodically revise the Construction Schedule to reflect each change in Contract Time. 1. Revise sub -schedules to show changes for other items of work affected by the changes. C. Upon completion of work under a Change Order, enter pertinent changes in Record Documents. PART 2 — PRODUCTS Not Applicable PART 3 — EXECUTION Not Applicable **END OF SECTION** 01035-4 H Projects\O7411Bidding Contract Specifications‘Spec Template120071010351Change Order Procedures.doc SECTION 01050 FIELD ENGINEERING PART 1 GENERAL 1.01 SCOPE OF WORK A. Provide and pay for field engineering services required for project. 1. Survey work required in execution of project. 2. Civil, structural or other professional Engineering services specified, or required to execute Contractor's construction methods._ B. The Contractor shall retain the services of a registered land surveyor licensed in the State of Florida: 1. Identify existing control points and property line comer stakes indicated on the Drawings, as required. 2. Maintain an accurate location of all buried piping 4 -inch in diameter and larger. 1.02 RELATED WORK A. Standard General Conditions of the Construction Contract are included in Section 00700. B. Summary of Work is induded in Section 01010. C. Applications for Payment are induded in Section 01052. D. Contract Closeout is induded in Section 01700. 1.03 SUBMITTALS A. Submit, in accordance with Section 01300, name and address of registered land surveyor or professional Engineer. B. On request of the Engineer, submit documentation to verify accuracy of field engineering work. C. Submit certificate signed by registered Engineer or land surveyor certifying that elevations and locations of improvements are in conformance, or non-conformance, with Contract Documents. D. At the end of the project, and prior to final payment, submit certified drawings with the Surveyors title block (signed and sealed by the registered land surveyor) of the items listed below. Vertical Control shall conform to NGVD mean sea level datum. 01050-1 H\ProjectW741113idding Contract SpecificationssSpec Temptate\200701050Tiield Engineering.doc These drawings shall be included with, and made a part of, the project record documents. 1. Certified site survey at 1 -inch = 40 -feet scale or larger but not greater than 1 -inch = 20 -feet scale, on reproducible mylar(s) 24 -inch by 36 -inch, indicating the building comers, sidewalks, paved areas and location of all above ground structures within the plant or project site. 2. Certified drawing showing the location, lines and grades of all lines 4 -inch in diameter and larger buried and exterior to buildings and other buried facilities (e.g. valves, tanks, vaults, etc) installed as a result of the work. This shall be at the same scale as the Engineer's yard piping drawing and submitted on reproducible mylar. 3. Certified survey at the same scale as the Engineer's line drawings (e.g. transfer piping, force main, water transmission, etc) indicating lines, grades, elevations and stationing at 20 -feet increments. Provide elevations of structure bottom, pipe invert(s) and rim elevations on all manholes. E. Topographical surveys shall meet the following criteria: 1. 1 -inch = 100 -feet scale reproducible plot, 2 foot contours. 2. Produced on national map accuracy standards for 1 -inch = 100 -feet scale maps with 2 foot contour intervals 3. Contractor shall submit computer generated drawing files in AutoCAD 2005 format on CD-R/RW disks. All entries shall be place on layers named to describe the entity being mapped. All elevation information in the AutoCAD file shall be in an appropriate three dimensional format. A digital terrain model (DTM) AutoCAD file containing adequate three dimensional points and break lines to accurately model the surface shall be submitted. The DTM file shall be compatible for use with SoftDesk S.7 software. F. Survey shall include all the requirements as outlined in Paragraph 1.06 below. 1.04 QUALIFICATIONS OF SURVEYOR OR ENGINEER A. Registered professional Engineer or land surveyor of the discipline required for the specific service on the project, currently licensed in the State of Florida. 1.05 SURVEY REFERENCE POINTS A. Existing basic horizontal and vertical control points for the project are those designated on Drawings. B. Locate and protect control points prior to starting site work and preserve all permanent reference points during construction. 1. Make no changes or relocations without prior written notice to the Engineer. 2. Report to the Engineer when any reference point is lost or destroyed, or requires relocation because of necessary changes in grades or locations. 3. Require surveyor to correctly replace project control points which may be lost or destroyed. a. Establish replacements based on original survey control. 01050-2 H1Project1074116idding Contract Specifications SPec Template12007101050Wield Engineering.doc 1.06 PROJECT SURVEY REQUIREMENTS A. Establish a minimum of two permanent bench marks on site, referenced to data established by survey control points. 1. Record locations, with horizontal and vertical data, on Project Record Documents. B. Establish lines and levels, locate and lay out, by instrumentation and similar appropriate means: 1. Site improvements. - a. Stakes for grading, fill and topsoil placement. b. Utility slopes and invert elevations. 2. Batter boards for structures. 3. Building foundation, column locations and floor levels. 4. Controlling lines and levels required for mechanical and electrical trades. C. From time to time, verify layouts by same methods. D. Establish all lines and grades prior to construction of line work for all force mains, raw water mains and transmission mains at 100 -feet increments and at defined breaks in grade. 1.07 RECORDS A. Maintain a complete, accurate log of all control and survey work as it progresses. B. Update the project record drawings on a monthly basis based on the work performed during the month ending at the pay request as a condition for approval of monthly progress payment requests. C. Maintain an accurate record of piping changes, revisions, and modifications. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) **.END OF SECTION** 01050-3 H\Project\07411Bidding Contract Specifications \SpecTemplate120071010501Field Engineering.doc SECTION 01052 APPLICATIONS FOR PAYMENT PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit Applications for Payment to Engineer in accordance with the schedule established by Conditions of the contract and Agreement between Owner and Contractor. B. The accepted Schedule of Values, Section 01370, shall be used as the basis for the CONTRACTOR's Application for Payment. 1.02 RELATED REQUIREMENTS A. In other parts of the Construction Documents: 1. Agreement between Owner and Contractor 2. General Conditions of the Contract 3. Article 14 — Payments to Contractor and Completion B. Specified in Other Sections: 1. Summary of Work is induded in Section 01010. 2. Contract Closeout is included in Section 01700. 1.03 FORMAT AND DATA REQUIRED A. Submit itemized applications typed in a format approved by Engineer. All applications for payment must be numbered, dated, and signed by the Contractor. B. Provide itemized data on payment application (format, schedules, line items and values accepted by Engineer). 1.04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Fill in required information, including that for Change Orders executed prior to the date of submittal of application 2. Fill in summary of dollar values 3. Execute certification with the signature of a responsible officer of the contract firm 4. Have resident project representative review and sign application prior to submission to Engineer 01052-1 H1Projects107411Bidding Contract Specifications%Spec Temp ate120071010521Application for Paymentdoc 1.05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner or the Engineer requires substantiating data, Contractor shall submit suitable information, with a cover letter identifying: 1. Project 2. Application number and date 3. Detailed list of endosures 4. For stored products: a. Item number and identification b. Description of specific material B. Submit one copy of data and cover letter for each copy of application. 1.06 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Application for payment is required for progress payments B. Only one application will be acceptable in any one month 1.07 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Engineer at the time stipulated in the Agreement B. Number. Five copies of each progress Application C. When Engineer finds the Application properly completed and correct, he will transmit the applications for payment to the Owner PART 2 — PRODUCTS Not applicable PART 3 — EXECUTION Not applicable **END OF SECTION** 01052-2 H\Projects10741\Bidding Contract SpecificationstSpec Template120071010521AppIication for Payment.doc SECTION 01060 REGULATORY REQUIREMENTS AND NOTIFICATION PART 1 — GENERAL 1.01 PERMITS REQUIRED A. Florida Department of Transportation (FDOT) Utility Right -of -Way. B. Other Permits Required: The Contractor is responsible for obtaining any temporary discharge permits that may be required by local drainage districts as well as any right-of-way permits necessary to complete the Work. 1.02 NOTIFICATION A. Indian River County: The Contractor is required to notify the Indian River County Utilities Department 48 hours prior to initiating construction (Mike Hotchkiss, 772- 567-8000 x1821). The Contractor is required to notify the Indian River County Road and Bridge Department 72 hours prior to blocking any County roads or detouring any traffic (Terry R. Cook, 772-770-5085). B. Utility Companies: Contractor shall notify the utility companies in the area 48 hours prior to initiating construction and contact SunShine State One Cali (1-800-432- 4770). A list of contacts can be obtained by contacting Mike Hotchkiss, 772-567- 8000 x1821. C. The Contractor shall give the Engineer not less than seven (7) calendar days notice of the time and place (or places) where he will start the work. D. When the Contractor's excavating operations encounter prehistoric remains or artifacts of historical or archeological significance, the operations shall be temporarily discontinued in that area and the Engineer shall be notified. The Engineer will consult archaeological authorities and determine the disposition of the remains or artifacts. The Contractor agrees that he will make no daim for additional payment or for extension of time because of any delays in or alteration of his procedure due to removal of any such remains or artifacts. PART 2 — PRODUCTS' Not applicable PART 3 — EXECUTION Not applicable END OF SECTION 01060-1 H\Projectst0741\Bidding Contract Speafications\Spec Templatee2007V01060 Regulatory Requirements and Notification.doc SECTION 01090 REFERENCE STANDARDS PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED Abbreviations and acronyms used in Contract Documents to identify reference standards. 1.02 QUALITY ASSURANCE A. Application: When a.• standard is specified by reference, comply with requirements and recommendations stated in that standard, except when requirements are modified by the Contract Documents, or applicable codes establish stricter standards. B. Publication Date: The publication in effect on the date of issue of Contract Documents, except when a specific publication date is specified. 1.03 ABBREVIATIONS, NAMES, AND ADDRESSES OR ORGANIZATIONS A. Obtain copies of reference standards direct from publication source, when needed for proper performance of work, or when required for submittal by Contract Documents. B. The following, as appropriate to project, is a list of referenced standards and their mailing addresses for requesting copies of standards: AA Aluminum Association 818 Connecticut Avenue, NW Washington, D.C. 20006 AABC Associated Air Balance Council 1000 Vermont Avenue, NW Washington, D.C. 20005 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Washington, D.C. 20001 ACI American Concrete Institute Box 19150 Redford Station Detroit, MI 48219 01090-1 H1Projects1074116idding Contract SpecficationsNSpec TempIate120071010901Refenence Standards.doc ADC Air Diffusion council 435 North Michigan Avenue Chicago, IL 60611 Al AISC AISI Asphalt Institute Asphalt Institute Building College Park, MD 20740 American Institute of Steel Construction 1221 Avenue of the Americas New York, NY 10020 American Iron and Steel Institute 1000 16th Street, NW Washington, D.C., 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights, IL 60004 ANSI ARI American National Standards Institute 1430 Broadway New York, NY 10018 Air Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington, VA 22209 ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 345 East 47th Street New York, NY 10017 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 4SPA American Sod Producers' Association Association Building Ninth and Minnesota Hastings, NE 68901 ASSE American Society of Sanitary Engineers 960 illuminating Building Cleveland, OH 44113 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 01090-2 H\Projects\07411Bidding Contract Specifica ions\Spec Template120071010901Reference Standards.doc AWI Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington, VA 22206 AWPA American Wood -Preservers Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society 2501 NW 7th Street Miami, FL 33125 AWWA American Water Works Association 6666 W. Quincy Avenue Denver, CO 80235 CDA Copper Development Association 5r Floor, Chrysler Building 405 Lexington Avenue New York, NY 10017 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue Washington, D.C. 20036 CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street, Suite 2110 Chicago, IL 60601 FDOT Florida Department of Transportation Haydon Bums Building 605 Suwannee Street Tallahassee, FL 32301 FM Factory Mutual System 1151 Boston -Providence Turnpike Norwood, MA 02062 FS Federal Specifications General Services Administration Specifications and Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, D.C. 20407 GA Gypsum Association 1603 Orrington Avenue Evanston, IL 60201 01090-3 H\Projects\0741\Bidding Contract Specifications\Spec Template\ 2007%010901Reference Standards.doc MFMA Maple Flooring Manufacturers Association 2400 East Devon, Suite 205 Des Plaines, IL 60018 MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 MLSFA Metal Lath / Steel Framing Association 221 North LaSalle Street Chicago, IL 60601 NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL 60601 NEBB National Environmental Balancing Bureau 8224 Old Courthouse Road Vienna, VA 22180 NEMA National Electrical Manufacturers Association 2101 L Street, NW Washington, D.C. 20037 NFPA National Fire Protection Association 470 Atlantic Avenue Boston, MA 02210 NFPA National Forest Products Association 1619 Massachusetts Avenue, NW Washington, D.C. 20036 NOFMA National Oak Flooring Manufacturers Association 804 Sterick Building Memphis, TN 38103 NSF National Sanitation Foundation NSF Building 3475 Plymouth Road Ann Arbor, MI 48106 NSWMA National Solid Waste Management Association 1120 Connecticut Avenue, NW Washington, D.C. 20036 NTMA National Terrazzo and Mosaic Association 3166 Des Plaines Avenue Des Plaines, IL 60018 01090-4 H1Projects\07411Bidding Contract Specifications\SpecTemplate\2007V010901Reference Standards.doc PCA PCI PS Portland Cement Association 5420 Old Orchard Road Skokie, IL 20076 Prestressed Concrete Institute 20 North Wacker Drive Chicago, IL 60606 Product Standard U.S. Department of Commerce Washington, D.C. 20203 RCSHSB Red Cedar Shingle and Handsplit Shake Bureau 515 116th Avenue Bellevue, WA 98004 SDI Steel Deck Institute Box 3812 St. Louis, MO 63122 SDI Steel Door Institute 712 Lakewood Center North Cleveland, OH 44107 SIGMA Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive Chicago, IL 60601 SJI Steel Joint Institute 1703• Parham Road, Suite 204 Richmond, VA 23229 SMACNA Sheet Metal and Air Conditioning Contractor's National Association 8224 Old Courthouse Road Vienna, VA 22180 TCA Technical Aid Series Construction Specifications Institute 1150 Seventeenth Street, NW Washington, D.C. 20036 TCA UL Tile Council of America, Inc. Box 326 Princeton, NJ 08540 Underwriters Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 01090-5 H\Projects 0741\Bidding Contract SpecificationsiSpec Template%2007010901Reference Standards.doc PART 2 - PRODUCTS Not Applicable PART 3 - EXECUTION Not Applicable END OF SECTION (Remainder of Page Intentionally Left Blank) 01090-6 H\Projects\0741\Bidding Contract Specifications\Spec TempIate12007\010901Reference Standards.doc SECTION 01110 ENVIRONMENTAL PROTECTION PROCEDURES PART 1 — GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials and equipment and perform all work required for the prevention of environmental pollution in conformance with applicable laws and regulations, during and as the result of construction operations under this Contract. For the purpose of this Section, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man, or degrade the utility of the environment for aesthetic and/or recreational purposes. B. The control of environmental pollution requires consideration of air, water and land, and involves management of noise and solid waste, as well as other pollutants. C. Schedule and conduct all work in a manner that will minimize the erosion of soils in the area of the work. Provide erosion control measures such as diversion channels, sedimentation or filtration systems, berms, staked hay bales, seeding, mulching or other special surface treatments as are required to prevent silting and muddying of streams, rivers, impoundments, lakes, etc. All erosion control measures shall be in place in an area prior to any construction activity in that area. D. This Section is intended to ensure that construction is achieved with a minimum of disturbance to the existing ecological balance between a water resource and its surroundings. These are general guidelines. It is the Contractor's responsibility to determine the specific construction techniques to meet these guidelines. E. All phases of sedimentation and erosion control shall comply with and be subject to the approval of the Florida Department of Environmental Protection. Contractor shall prepare sedimentation and erosion control drawings meeting the requirements for approval by that agency. Upon approval, fumish two copies of the approved Drawing to the Engineer. 1.02 APPLICABLE REGULATIONS A. Comply with ail applicable Federal, State, and local laws and regulations conceming environmental pollution control and abatement. 1.03 NOTIFICATIONS A. The Engineer will notify the Contractor in writing of any non-compliance with the foregoing provisions or of any environmentally objectionable acts and corrective action to be taken. State or local agencies responsible for verification of certain aspects of the environmental protection requirements shall notify the Contractor in writing, through the Engineer, of any non-compliance with State or Local requirements. After receipt of such notice from the Engineer or from the regulatory 01110-1 H\Projects\0741\Bidding Contrail Specifications1Spec Template12007101110 Environmental Protection Procedures.doc agency through the Engineer, immediately take corrective action. Such notice, when delivered to the Contractor or his authorized representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the Owner may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs or damages by the Contractor unless it is later determined that the Contractor was in compliance. 1.04 IMPLEMENTATION A. Prior to commencement of the work, meet with the Engineer to develop mutual understandings relative to compliance with these provisions and administration of the environmental pollution control program. B. Remove temporary environmental control features, when approved by the Engineer and incorporate permanent control features into the project at the earliest practicable time. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 EROSION CONTROL A. Provide positive means of erosion control such as shallow ditches around construction to carry off surface water. Erosion control measures, such as siltation basins, hay check dams, mulching, jute netting and other equivalent techniques, shall be used as appropriate. Offsite surface water shall be diverted around the site, to a downstream channel ahead of siltation barriers. Flow of surface water into excavated areas shall be prevented. Ditches around construction area shall also be used to carry away water resulting from dewatering of excavated areas. At the completion of the work, ditches shall be backfilled and the ground surface restored to original condition. 3.02 PROTECTION OF STREAMS AND SURFACE WATERS A. Take all precautions to prevent, or reduce to a minimum, any damage to any stream or surface water from pollution by debris, sediment or other material, or from the manipulation of equipment and/or materials in or near such streams. Water that has been used for washing or processing, that contains oils or sediments that will reduce the quality of the water in the stream, shall not be directly returned to the stream. Divert such waters through a settling basin orfilter before being directed into streams or surface waters. B. Do not discharge water from dewatering operations directly into any live or intermittent stream, channel, wetlands, surface water or any storm sewer. Water from dewatering operations shall be treated by filtration, settling basins, or other approved method to reduce the amount of sediment contained in the water to allowable levels. 01110-2 H\Projects107411Bidding Contract Spedfications1Spec Template12007101110 Environmental Protection Proc edures.doc C. Take all preventative measures to avoid spillage of petroleum products and other pollutants. In the event of any spillage, prompt remedial action shall be taken in accordance with a contingency action plan approved by the Florida Department of Environmental Protection. Submit two copies of approved contingency plans to the Engineer. D. Water being flushed from structures or pipelines after disinfection, with a Cl2 residue of 2 mg/I or greater shall be treated with a dechlorination solution, in a method approved by the Engineer, prior to discharge. 3.03 PROTECTION OF LAND RESOURCES A. Restore land resources within the project boundaries and outside the limits of permanent work to a condition, after completion of construction that will appear to be natural and not detract from the appearance of the project. B. Outside of areas requiring earthwork for the construction of the new facilities, do not deface, injure, or destroy trees or shrubs, nor remove or cut them without prior approval. No ropes, cables, or guys shall be fastened to or attached to any existing nearby trees for anchorage unless specifically authorized by the Engineer. Where such special emergency use is permitted, first wrap the trunk with a sufficient thickness of burlap or rags over which softwood cleats shall be tied before any rope, cable, or wire is placed. The Contractor shall in any event be responsible for any damage resulting from such use. C. Before beginning operations near them, protect trees that may possibly be defaced, bruised, injured, or otherwise damaged by the construction equipment, dumping or other operations, by placing boards, planks, or poles around them. Monuments and markers shall be protected similarly. D. Any trees or other landscape features scarred or damaged by the Contractors equipment or operations shall be restored as nearly as possible to their original condition. The Engineer will decide the method of restoration to be used and whether damaged trees shall be treated and healed or removed and disposed of. 1. All scars made on trees by equipment, construction operations, or by the removal of limbs larger than 1 -inch in diameter shall be coated as soon as possible with an approved tree wound dressing. All trimming or pruning shall be performed in an approved manner by experienced workmen with saws or pruning shears. Tree trimming with axes will not be permitted. 2. Climbing ropes shall be used where necessary for safety. Trees that are to remain, both within or outside established Bearing limits, that are subsequently damaged by the Contractor and are beyond saving in the opinion of the Engineer, shall be immediately removed and replaced. E. The Contractor's storage and other construction buildings required temporarily for the performance of the work, shall be located at previously deared portions of the job site or areas which are proposed to be cleared and shall not be within wetlands, stormwater detention areas or floodplain. The preservation of the landscape shall be an imperative consideration in the selection of all sites and in the construction of 01110-3 HWrojects\07411Bidding Contract Specifications1Spec Template12007101110 Environmental Protection Prooedures.doc buildings. Drawings showing storage facilities shall be submitted by the Contractor for approval of the Engineer. F. If the Contractor proposes to construct temporary roads or embankments and excavations for plant and/or work areas, he shall submit the following for approval at least ten days prior to scheduled start of such temporary work. 1. A layout of all temporary roads, excavations, embankments and drainage to be constructed within the work area. 2. Details of temporary road construction. 3. Drawings and cross sections of proposed embankments and their foundations, including a description of proposed materials. 4. A landscaping drawing showing the proposed restoration of the area. Indicate the proposed removal of any trees and shrubs outside the limits of existing clearing area. Indicate locations of guard posts or barriers required to control vehicular traffic and protect trees and shrubs to be maintained undamaged. The Drawing shall provide for the obliteration of construction scars as such and shall provide for a natural appearing final condition of the area. Modification of the Contractor's approved drawings shall be made only with the written approval of the Engineer. No unauthorized road construction, excavation or embankment construction including disposal areas will be permitted. G. Remove all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess of waste materials, or any other vestiges of construction as directed by the Engineer. It is anticipated that excavation, filling and plowing of roadways will be required to restore the area to near natural conditions which will permit the growth of vegetation thereon. The disturbed areas shall be prepared and sodded as described in Section 02485, or as approved by the Engineer. H. All debris and excess material will be disposed of outside wetland or floodplain areas in an environmentally sound manner. 3.04 PROTECTION OF AIR QUALITY A. Buming - The use of buming at the project site for the disposal of refuse and debris will not be permitted. r B. Dust Control - Maintain all excavations, embankment, stockpiles, access roads, plant sites, waste areas, borrow areas and all other work areas within or without the project boundaries free from dust which could cause the standards for air pollution to be exceeded and which would cause a hazard or nuisance to others. C. An approved method of stabilization consisting of sprinkling or other similar methods will be permitted to control dust. The use of petroleum products is prohibited. The use of chlorides may be permitted with approval from the Engineer. 01110-4 H\Projects\0741\Bidding Contract Specific ations1Spec TemplateV007101110 Environmental Protection Procedures.doc D. Sprinkling, to be approved, must be repeated at such intervals as to keep all parts of the disturbed area at least damp at all times, and the Contractor shall have sufficient competent equipment on the job to accomplish this. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazard occurs, as determined by the Engineer. 3.05 NOISE CONTROL A. Make every effort to minimize noises caused by the construction operations. Equipment shall be equipped with silencers or mufflers designed to operate with the least possible noise in compliance with Federal and State regulations. 3.06 MAINTENANCE OF POLLUTION CONTROL FACILITIES DURING CONSTRUCTION A. Maintain all facilities constructed for pollution control as long as the operations creating the particular pollutant are being carried out or until the material concerned has become stabilized to the extent that pollution is no longer being created. END OF SECTION 01110-5 MProjectst741\Bidding Contract Specifications1Spec Template12007101110 Environmental Protection Procedures.doc SECTION 01200 PROJECT MEETINGS PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED A. The Engineer shall schedule and administer pre -construction meeting, periodic progress meetings and specially called meetings throughout progress of the work. 1. Prepare agenda for meetings. 2. Make physical arrangements for meetings. 3. Preside at meetings. 4. Record the minutes; include significant proceedings and decisions. 5. Reproduce and distribute copies of minutes within 15 working days after each meeting. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. B. Representatives of Contractors, Subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. Attend meetings to ascertain that work is expedited consistent with Contract Documents and construction schedules. 1.02 RELATED REQUIREMENTS A. Instructions to Bidders are included in Section 00100. B. Construction Schedules are included in Section 01311. C. Shop Drawings, Working Drawings and Samples are included in Section 01300. D. Contract Closeout is included in Section 01700. 1.03 PRE -CONSTRUCTION MEETING A. Schedule a preconstruction meeting no later than 15 days after date of Notice to Proceed. B. Location: A central site, convenient for all parties, designated by the Owner. r C. Attendance 1. Owner's Representative. 2. Engineer and his/her professional consultants. 3. Resident Project Representative. 4. Contractor's Superintendent. 5. Major Subcontractors. 6. Major suppliers. 7. Utilities 8. Others as appropriate. 01200-1 H1Projects107411Bidding Contract Specifications1Spec Template120071012001Project Meetings.doc D. Suggested Agenda 1. Distribution and discussion of: a. List of major Subcontractors and suppliers. b. Projected Construction Schedules. 2. Critical work sequencing. 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. c. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. b. Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Housekeeping procedures. 1.04 PROGRESS MEETINGS A. Schedule regular periodic meetings. The progress meetings will be held every 30 days with the first meeting 30 days after the pre -construction meeting or 30 days after the date of Notice to Proceed. B. Hold called meetings as required by progress of the work. C. Location of the meetings: Project field office of Contractor or Engineer. D. Attendance 1. Engineer and his/her professional consultants as needed. 2. Subcontractors as appropriate to the agenda. 3. Suppliers as appropriate to the agenda. 4. Others as appropriate. E. Suggested Agenda 1. Review, approval of minutes of previous meeting. 2. Review of work progress since previous meeting. 3. Field observations, problems and conflicts. 4. Problems which impede Construc ion Schedule. 5. Review of off-site fabrication, delivery schedules. 6. Corrective measures and procedures to regain projected schedule. 7. Revisions to Construction Schedule. 8. Progress, schedule, during succeeding work period. 9. Coordination of schedules. 10. Review submittal schedules; expedite as required. 01200-2 H1Projec ts1074118idding Contract Specifications%Spec Templatee200?' 12001Project Meetings.doc 11. Maintenance of quality standards. 12. Pending changes and substitutions. 13. Review proposed changes for. a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the project. 14. Other business. 15. Construction schedule. 16. Critical long lead items. F. Attend progress meetings and is to study previous meeting minutes and current agenda items, in order to be prepared to discuss pertinent topics such as deliveries of materials and equipment, progress of the work, etc. Provide a current submittal log at each progress meeting in accordance with Section 01300. 1.05 SPECIAL SHOP DRAWING REVIEW MEETING A. Within twenty one calendar days following the Notice to Proceed (NTP) the Contractor shall schedule a special shop drawing review meeting to facilitate the review of the systems. B. The purpose of this meeting is to expedite the review process so that the Contractor may place orders with his Supplier's as soon as possible. C. At this meeting, the Contractor shall provide the shop drawings for the items and equipment required. The number of shop drawings required shall be as specified in Section 01300. D. The Contractor shall schedule a special shop drawing review meeting every 21 calendar days following the initial meeting until the items and equipment have been approved to a degree acceptable to the Engineer. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01200-3 H\PnojeCts$0741\Bidding Contract SpecificationslSpec Template120071,012001Project Meetings.doc 1 SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.01 DESCRIPTION OF REQUIREMENTS A. This Section specifies the general methods and requirements of submissions applicable to Shop Drawings, Product Data, Samples, Audio -Visual Documentation, and Construction or Submittal Schedules. Additional general submission requirements are contained in Article 6.17 of the General Conditions. Detailed submittal requirements are specified in the technical Sections. All submittals shall be clearly identified by reference to Section Number, Paragraph, Drawing Number or Detail as applicable. Submittals shall be dear and legible and of sufficient size for presentation of data. C. The Contractor is to maintain an accurate updated submittal log and will bring this log to each scheduled progress meeting with the Owner and the Engineer. This log should include the following items: 1. Submittal -Description and File number assigned. 2. Date to Engineer. 3. Date retumed to Contractor from Engineer. 4. Status of submittal (approved/resubmit/rejected). 5. Date of resubmittal and retum (as applicable). 6. Date material released for fabrication. 7. Projected date of fabrication. 8. Projected date of delivery to site. 9. Status of O&M submittal. 1.02 SHOP DRAWINGS, PRODUCT DATA, SAMPLES A. Shop Drawings 1. Shop drawings as specified in individual Sections include, custom -prepared data such as fabrication and erection/installation (working) drawings, scheduled information, setting diagrams, actual shop work manufacturing instructions, custom templates, special wiring diagrams, coordination drawings, individual system or equipment inspection and test reports including performance curves and certifications, as applicable to the work. 2. All shop drawings submitted by subcontractors shall be sent directly to the Contractor for checking. The Contractor shall be responsible for their submission at the proper time so as to prevent delays in delivery of materials. 3. Check all subcontractors' shop drawings regarding measurements, size of members, materials and details to make sure that they conform to the intent of the Drawings and related Sections. Return shop drawings found to be inaccurate or otherwise in error to the subcontractors for correction before submission thereof. 01300-1 H\ProjectsW7411Bidding Contract SpecificationslSpec Template120071013001Submittals.doc 4. All details on shop drawings shall show dearly the relation of the various parts to the main members and lines of the structure and where correct fabrication of the work depends upon field measurements, such measurements shall be made and noted on the drawings before being submitted. B. Product Data 1. Product data as specified in individual Sections include, standard prepared data for manufactured products (sometimes referred to as catalog data), such as the manufacturer's product specification and installation instructions, availability of colors and pattems, manufacturer's printed statements of compliances and applicability, roughing -in diagrams and templates, catalog cuts, product photographs, standard wiring diagrams, printed performance curves and operational -range diagrams, production or quality control inspection and test reports and certifications, mill reports, product operating and maintenance instructions and recommended spare -parts listing and printed product warranties, as applicable to the work. C. Samples 1. Samples specified in individual Sections indude, physical examples of the work such as sections of manufactured or fabricated work, small cuts or containers of materials, complete units of repetitively -used products, color/texture/pattem swatches and range sets, specimens for coordination of visual effect, graphic symbols and units of work to be used by the Engineer or Owner for independent inspection and testing, as applicable to the work. 2. The Contractor shall prepare a transmittal letter in triplicate for each shipment of samples. Contractor shall enclose a copy of this letter with the shipment and send a copy of this letter to the Engineer. Approval of a sample shall be only for the characteristics or use named in such approval and shall not be construed to change or modify any Contract Requirements. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: 1. Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance with related Sections B. Each shop drawing, sample and product data submitted by the Contractor shall have affixed to it the following Certification Statement induding the Contractor's Company name and signed by the Contractor. "Certification Statement by this submittal, I hereby represent that I -have determined and verified all field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements." Shop drawings and product data sheets 11 -inch by 17 -inch and smaller shall be bound together in an orderly fashion and bear the above Certification Statement on the cover sheet. The cover sheet shall 01300-2 H\Projects1o741\Bidd ng Contract dons Spec Template120071013001Submittals.doc fully describe the packaged data and include a listing of all items within the package. Provide to the Resident Project Representative a copy of each transmittal sheet for shop drawings, product data and samples at the time of submittal to the Engineer. C. Notify the Engineer in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. D. The review and approval of shop drawings, samples or product data by the Engineer shall not relieve the Contractor from the responsibility for the fulfillment of the terms of the Contract. All risks of error and omission are assumed by the Contractor and the Engineer will have no responsibility therefor. E. No portion of the work requiring a shop drawing, sample, or product data shall be started nor shall any materials be fabricated or installed prior to the approval or qualified approval of such item. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data shall be at the Contractor's risk. The Owner will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. F. Project work, materials, fabrication, and installation shall conform with approved shop drawings, applicable samples, and product data. 1.04 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Each submittal, appropriately coded, will be returned within 30 calendar days following receipt of submittal by the Engineer. C. Number of submittals required: 1. Shop Drawings: Five copies. 2. Product Data: Three copies. 3. Samples: Submit the number stated in the respective Sections. D. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The Project title and number. 3. Contractor identification. 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product with the section number, page and paragraph(s). 6. Field dimensions, dearly identified as such. 7. Relation to adjacent or critical features of the work or materials. 8. Applicable standards, such as ASTM or Federal Standards numbers. 9. Identification of deviations from Contract Documents. 01300-3 H1Projects107411t3idding Contrail Specifications1Spec Template12007V013001Submittals.doc 10. Identification of revisions on resubmittals. 11. A blank space suitably sized for Contractor and Engineer stamps. 12. Where calculations are required to be submitted by the Contractor, the calculations shall have been checked by a qualified individual other than the preparer. The submitted calculations shall clearly show the names of the preparer and of the checker. 1.05 REVIEW OF SHOP DRAWINGS, PRODUCT DATA, WORKING DRAWINGS AND SAMPLES A. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. They shall not be construed: 1. as permitting any departure from the Contract requirements; 2. as relieving the Contractor of responsibility for any errors, induding details, dimensions, and materials; 3. as approving departures from details fumished by the Engineer, except as otherwise provided herein. B. The Contractor remains responsible for details and accuracy, for coordinating the work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly, and for performing work in a safe manner. C. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which Engineer finds to be in the interest of the Owner and to be so minor as not to involve a change in Contract Price or Contract Time, the Engineer may return the reviewed drawings without noting an exception. D. Submittals will be returned to the Contractor under one of the following codes. Code 1 -"APPROVED" is assigned when there are no notations or comments on the submittal. When returned under this code the Contractor may release the equipment and/or material for manufacture. Code 2 -"APPROVED AS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. Code 3 -"APPROVED AS NOTED/CONFIRM". This combination of codes is assigned when a confirmation of the notations and comments IS required by the Contractor. The Contractor may, at his own risk, release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. This confirmation shall specifically address each omission and nonconforming item that was noted. Confirmation is to be received by the Engineer within 15 calendar days of the date of the Engineer's transmittal requiring the confirmation. Code 4 -"APPROVED AS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. This resubmittal is to address all comments, omissions and non -conforming items that were noted. Resubmittal is to be received by the Engineer within 15 calendar days of the date of the Engineer's transmittal requiring the resubmittal. 01300-4 MprojectsA0741\Bidding Contract Specifications%SPec Templaie12007101300%Submittais.doc Code 5 -"NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. The Contractor must resubmit the entire package revised to bring the submittal into conformance. It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. Code 6 -"COMMENTS ATTACHED" is assigned where there are comments attached to the returned submittal which provide additional data to aid the Contractor. Codes 1 through 5 designate the status of the reviewed submittal with Code 6 showing there has been an attachment of additional data. E. Resubmittals will be handled in the same manner as first submittals. On resubmittals the Contractor shall identify all revisions made to the submittals, either in writing on the letter of transmittal or on the shop drawings by use of revision triangles or other similar methods. The resubmittal shall dearly respond to each comment made by the Engineer on the previous submission. Additionally, the Contractor shall direct specific attention to any revisions made other than the corrections requested by the Engineer on previous submissions. F. Partial submittals may not be reviewed. The Engineer will be the only judge as to the completeness of a submittal. Submittals not complete will be retumed to the Contractor and will be considered "Not Approved" until resubmitted. The Engineer may at his option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. G. Repetitive Review 1. Shop Drawings and other submittals will be reviewed no more than twice at the Owner's expense. All subsequent reviews will be performed at times convenient to the Engineer and at the Contractor's expense based on the Engineer's then prevailing rates. The Contractor shall reimburse the Owner for all such fees invoiced to the Owner by the Engineer. Submittals are required until approved, 2. Any need for more than one resubmission, or any other delay in obtaining Engineer's review of submittal will not entitle Contractor to extension of the contract time. H. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, the Contractor shall give written notice thereof to the Engineer at least 7 working days prior to release for manufacture. I. When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the Engineer. 01300-5 H\ProjectsW7411Bidding Contract SpecificationslSpec Template120071013001Submittals.doc 1.06 DISTRIBUTION A. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the Engineer. Number of copies shall be as directed by the Engineer but shall not exceed six. 1.07 GENERAL PROCEDURES FOR SUBMITTALS A. Coordination of Submittal Times: Prepare and transmit each submittal sufficiently in advance of performing the related work or other applicable activities, or within the time specified in the individual work of other related Sections, so that the installation will not be delayed by processing times including disapproval and resubmittal (if required), coordination with other submittals, testing, purchasing, fabrication, delivery and similar sequenced activities. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 01300-6 H1Projects107411Bidding Contract SpecificationslSpec Templatee20071013001Submittals.doc P.E. CERTIFICATION FORM The undersigned hereby certifies that he/she is a professional engineer registered in the State of Florida and that he/she has been employed by to design (Name of Contractor) (Insert P.E. Responsibilities) in accordance with Section for the (Name of Project) The undersigned further certifies that he/she has performed the design of the , that said design is in conformance (Name of Project) with all applicable local, state and federal codes, rules, and regulations, and that his/her signature and P.E. stamp have been affixed to all calculations and drawings used in, and resulting from, the design. The undersigned hereby agrees to make all original design drawings and calculations available to the Indian River County Department of Utility Services (Insert Name of Owner) or the Owner's authorized representative within seven days following written request therefor by the Owner. P.E. Name Contractor's Name Signature Signature Address Title Address END OF SECTION 01300-7 H \Projects \0741 \Bidding Contract Specifications\Spec Ter 120071013001Submittals.doc SECTION 01311 CONSTRUCTION SCHEDULES PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED A. Promptly after award of the Contract, Contractor shall prepare and submit to the Engineer estimated construction progress for the Work, with sub -schedules of related activities which are essential to its progress. B. Coordinate the work and scheduling with and around other Contractors and individual trades performing work on the Project. C. Submit revised progress schedules with each application for payment. D. Progress Schedule shall become part of Contract Documents after approval by Engineer. 1.02 RELATED REQUIREMENTS A. In other parts of the Contract Documents: 1. General Conditions: a. Articles 2 and 6 — Schedules, Reports, and Records b. Sections 6.01 and 6.02 — Supervision by Contractor c. Article 15 — Supervision of Work, Termination, and Delay B. Specified in other sections: 1. Summary of Work is induded in Section 01010. 2. Submittals is included in Section 01300. 1.03 FORM OF SCHEDULES A. Prepare schedules in the form of a horizontal bar chart as follows: 1. Provide separate horizontal bar for each trade or operation 2. Horizontal time scale: Identify the first work day of each week. 3. Scale and spacing: To allow space for notations and future revisions. 4. Minimum sheet size: 24 inch by 36 inch B. Format of listings: The chronological order of the start of each item of work. C. Identification of listings: By major specification section numbers. 1.04 CONTENT OF SCHEDULES . A. Construction Progress Schedule shall: 1. Show the complete sequence of construction by activity. 2. Show the dates for the beginning and completion of each major element of construction; specifically list (at a minimum): a. Subcontractor work 01311-1 H1Projeds107411Bidding Contrail Specifific ationslSpec Tem plate&2007V013111Conshudion Schedules.doc b. Utility Construction c. Restoration 3. Show projected percentage of completion for each item, as of the first day of each month. 4. Show projected dollar cash flow requirements for each month of construction. 1.05 PROGRESS REVISIONS A. Indicate progress of each activity to date of submission B. Show changes occurring since previous submission of Schedule: 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended, and its effect. 3. The effect of changes on schedules of other prime Contractors. 1.06 SUBMISSIONS A. Submit initial schedules within ten (10) days after award of Contract; Engineer will review schedules for information only. B. Submit revised progress schedules with each application for payment or monthly, whichever is the shortest period. C. Submit the number of opaque reproductions which the Contractor requires, plus five (5) additional copies; one for Owner and one for Engineer. 1.07 DISTRIBUTION A. Distribute copies of approved schedules to: 1. Engineer 2. Job site file 3. Subcontractors 4. Other concerned parties 5. Owner (two copies) B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedule. PART 2 - PRODUCTS Not Applicable 01311-2 H\Projects107411Bidding Contract SpecifcationsVpec Template12007O1311%ConsWction Schedules.doc 1 PART 3 - EXECUTION 3.01 RESPONSIBILITY FOR SCHEDULE COMPLIANCE A. The Contractor agrees that whenever it becomes apparent from the current monthly schedule that delays to the critical path have resulted, and hence, that the contract completion date will not be met or when so directed by the Engineer, he will take some or all of the following actions at no additional cost to the Owner, submitting to the Engineer for approval, a written statement of the steps he intends to take to remove or arrest the delay to the critical path in the approved schedule. 1. increased construction manpower in such quantities and crafts as will substantially eliminate, in the judgment of the Engineer, the backlog of Work. 2. Increase the number of working hours per shift, shifts per working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate, in the judgment of the Engineer, the backlog of work. 3. Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule. 4. Costs incurred by the Owner arising from such lengthening of hours, including furnishing of Inspectors, shall be the Contractor's responsibility and shall be deducted from monies due him. Failure of the Contractor to comply with the requirements of the Engineer may be grounds for determination by the Owner that the Contractor is not proceeding at such rates as will insure completion within the specified time and may result in the termination of the right of the Contractor to continue the Work. 3.02 ADJUSTMENT OF CONTRACT SCHEDULE AND COMPLETION TIME A. If the Contractor desires to -Hake changes in his method of operating which affect the approved schedule, he shall notify the Engineer in writing stating what changes are proposed and the reason for the change. If the Engineer approves these changes, the Contractor shall revise and submit for approval, without additional cost to the Owner, all of the affected portion of the schedule. The schedule shall be adjusted by the Contractor only after prior approval of his proposed changes by the Engineer. B. Adjustments may consist of changing portions of the activity sequence and/or activity durations, division of approved activities, or other adjustments as may be approved by the Engineer. The addition of extraneous, non -working activities and/or activities which add unapproved restraints to the schedule shall not be approved. C. If the completion of any activity, whether or not critical, falls more than 100 percent behind its approved duration, the Contractor shall submit for approval a schedule adjustment showing each such activity divided into two activities reflecting completed versus uncompleted work. 01311-3 H\Projects107411Bidding Contract Specifications&ec Template1200710131Monstruction Schedules.doc D. Shop drawings which are not approved on the first submittal or within the scheduled time shall be immediately rescheduled, as well as pipelines and tanks which do not pass leak tests. E. The contract completion time will be adjusted only for causes specified in this contract. In the event the Contractor requests an extension of any contract completion date, he shall fumish such justification and supporting evidence as the Engineer may deem necessary for determination as to whether the Contractor is entitled to an extension of time under the provisions of the contract. Engineer will, after receipt of such justification and supporting evidence make findings of fact and will advise the Contractor in writing thereof. If the Engineer finds that the Contractor is entitled to any extension of any contract completion date under the provisions of this contract, the Engineer's determination as to the total number of days of extension shall be based upon the currently approved schedule and on all data relevant to the extension. Such data shall be included in the next monthly updating of the schedule. The Contractor acknowledges and agrees that actual delays in activities which, according to the schedule, do not affect any contract completion date shown by the critical path in the schedule do not have any affect on the contract completion date or dates, and therefore, will not be the basis for a change therein. F. From time to time it may be necessary for the contract schedule and/or completion time to be adjusted by the Engineer to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the Owner or his representatives, and other unforeseeable conditions which may indicate schedule adjustments and/or completion time extension. Under such conditions, the Contractor shall reschedule the work and/or contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. No additional compensation shall be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of all unaffected work in the contract, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the Owner. It is specifically pointed out that the use of available float time in the schedule may be used by the Owner as defined by the Engineer, as well as by the Contractor. Float time is defined as the amount of time between the early start date, and the late start date, or the early finish date and the late finish date, of any of the activities in the schedule. G. The Owner controls the float time in the approved schedule and , therefore, without obligation to extend either the overall completion date or any intermediate completion dates set out in the schedule, the Owner may initiate changes to the contract work that absorb float time only. Owner -initiated changes that affect the critical path on the approved schedule shall be the sole grounds for extending (or contracting) said completion dates. Contractor -initiated changes that encroach on the float time identified. in the approved schedule may be accomplished with the Owner's concurrence. Such changes, however, shall give way to Owner -initiated changes competing for the same float time. 01311-4 H1Projeds%07411Bidding Contract Specifica ionsSSpec Templatet20071O13111Conat udion Schedules.doc 3.03 COORDINATING SCHEDULES WITH OTHER CONTRACT SCHEDULES A. Where work is to be performed under this contract concurrently with and/or contingent upon work performed on the same facilities or area under other contracts, the Contractor's schedule shall be coordinated with the schedules of the other contracts. The Contractor shall obtain the schedules of the other appropriate contracts from the Engineer and/or Owner for the preparation and updating of his schedule and shall make the required changes in his schedule when indicated by changes in corresponding schedules. END OF SECTION 01311-5 H\Projects O74118idding Contract Specitions\Spec TempIate12OO7V01311\Construction Schedules.doc SECTION 01370 SCHEDULE OF VALUES PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit a Schedule of Values allocated to the various portions of the work, within twenty-one (21) days after the effective date of the Agreement. B. Upon request of the Engineer, support the values with data which will substantiate their correctness. C. The accepted Schedule of Values shall be used only as the basis for the Contractor's Applications for Payment. 1.02 RELATED REQUIREMENTS A. Standard General Conditions of the Construction Contract are included in Section 00700. B. Application for Payment is induded in Section 01052. 1.03 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on an 8% -inch by 11 -inch or 8% -inch by 14 -inch white paper furnished by the Owner, Contractor's standard forms and automated printout will be considered for approval by the Engineer upon Contractors request. Identify schedule with: 1. Title of Project and location. 2. Engineer and Project number. 3. Name and Address of Contractor. 4. Contract designation. 5. Date of submission. B. Schedule shall list the installed value of the component parts of the work in sufficient detail to serve as a basis for computing values for progress payments during construption. C. Identify each line item with the number and title of the respective Section. D. For each major line item list sub -values of major products or operations under the item. E. For the various portions of the work: 1. Each item shall include a directly proportional amount of the Contractor's overhead and profit. 01370-1 H\projects107411Bidding Contract Spec ificat onslSpec Template120071013701Schedule of Values.doc 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. Paid invoices are required for materials upon request by the Engineer. b. The total installed value. F. The sum of all values listed in the schedule shall equal the total Contract Sum. 1.04 SUB -SCHEDULE OF UNIT MATERIAL VALUES A. Submit a sub -schedule of unit costs and quantities for: 1. Products on which progress payments will be requested for stored products. B. The form of submittal shall parallel that of the Schedule of Values, with each item identified the same as the line item in the Schedule of Values. C. The unit quantity for bulk materials shall include an allowance for normal waste. D. The unit values for the materials shall be broken down into: 1. Cost of the material, delivered and unloaded at the site, with taxes paid. 2. Copies of invoices for component material shall be included with the payment request in which the material first appears. 3. Paid invoices shall be provided with the second payment request in which the material appears or no payment shall be allowed and/or may be deleted from the request. E. The installed unit value multiplied by the quantity listed shall equal the cost of that item in the Schedule of Values. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01370-2 H \Projects 10741 \Bidding Contract Specifications\SpecTemplate120071013701Sthedule of Values.doc SECTION 01381 AUDIO-VISUAL DOCUMENTATION PART 1 — GENERAL 1.01 SCOPE OF WORK Prior to commencing of the Work, the Contractor shall have a continuous color audio -video tape recording taken along the entire length of the project to serve as a record of preconstruction conditions. The preconstruction swale elevations shall be recorded at 100' intervals. 1.02 RELATED WORK A. Summary of Work is included in Section 01010. B. Contract Closeout is included in Section 01700. 1.03 APPROVAL No construction shall begin prior to review and acceptance of the tapes covering the construction area by the Engineer. The Engineer shall have the authority to reject all or any portion of a videotape not conforming to specifications and order that it be redone at no additional charge. The Contractor shall reschedule unacceptable coverage within five (5) days after being notified. The Engineer shall designate those areas, if any, to be omitted from or added to the audio -video coverage. Tape recordings shall not be made more than thirty (30) days prior to beginning of construction of any area. All tapes and written records shall become the property of the Owner. The tapes shall be delivered to the Owner as soon as possible after recording. 1.04 QUALITY ASSURANCE The Contractor shall engage the services of a professional electrographer. The color audio - video tapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio -video tape documentation. PART 2 — PRODUCTS 2.01 GENERAL All equipment, accessories, materials, and labor to perform this service shall be fumished by the Contractor. 2.02 QUALITY The total audio -video system shall reproduce bright, sharp, clear pictures with accurate colors and shall have minimal distortion, tearing, rolls, or other imperfections. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume and darity and be free from distortion and interruptions. 01381-1 HlProjects10741 Bidding Contract Spedr�cations%Spec Template12007 O1381Audio-Visual Documentation.doc ARTICLE 8 OWNER'S RESPONSIBILITIES SC -8.02 Delete paragraph 8.02 of the General Conditions in its entirety and replace with the following ItOwner terminates the employment of Engineer, Owner may appoint another engineer whose status under the Contract Documents shall be that of the former Engineer. SC -8.04 Delete paragraph 8.04 of the General Conditions in its entirety and replace with the following: Payments under this contract are govemed by the Local Govemment Prompt Payment Act, Florida Statutes section 218.70 et. seq., SC -8.06 Delete paragraph 8.06 of the General Conditions in its entirety. SC -8.11 Delete paragraph 8.11 of the General Conditions in its entirety. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC 9.02 Delete the first sentence of paragraph 9.03A of the General Conditions in its entirety and replace with the following: A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified Engineer the progress that has been made and the quality -of the various aspects of Contractor's executed Work. SC -9.03A Add the following new paragraph immediately after paragraph 9.03A of the General Conditions which is to read as follows: B. Engineer will furnish a part-time Resident Project Representative. Contractor is responsible to give 24-hour notice on all required inspections so that the Resident Project Representative may be present. SC 9.04 A Delete the third sentence of paragraph 9.04A of the General Conditions in its entirety and replace with the following: However, if Contractor claims entitlement to additional time or money as a result of the Field Order, such entitlement is conditioned upon obtaining a Change Order authorized and executed by Owner after timely making a Claim as provided in the Contract Documents. SC 9.08-A: Delete the second sentence of 9.08A of the General Conditions in its entirety and replace with the _ following: 00800-10 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\008001supplementary Conditions.doc Except for: (a) Claims for differing subsurface or physical conditions governed by paragraph 4.03; and (b) claims for time extensions governed by paragraph 12.03, all matters in question and other matters between Owner and Contractor arising prior to the date final payment is due, relating to the acceptability- of the Work and =the =interpretation =of the requirements of the -contract -documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 15 days after occurrence of the event giving rise to such Claim or within 15 days after the claimant first recognize$ the condition giving rise to the Claim, whichever is tater,, provided, however, the Owner shall make all final determination of such matters. SC 9.08-C Delete paragraph 9.08-C of the General Conditions in its entirety SC 9.08-D Delete paragraph 9.08-D of the General Conditions in its entirety SC 10.03 A.3 Delete subparagraph 10.03.A.3 of the General Conditions in its entirety SC 10.05.A Delete paragraph 10.05A of the General Conditions in its entirety and replace with the following: A. All Claims shall initially be referred to the Engineer for decision. SC 10.05.B Delete paragraph 10.05.8 of the General Conditions in its entirety and replace with the following: Except for. (a) Claims for differing subsurface or physical conditions governed by paragraph 4.03; and (b) claims for time extensions governed by paragraph 12.03, Claims by either party shall be initiated within 15 days after occurrence of the event giving rise to such Claim or within 15 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later, by written notice of the amount or extent of the Claim, dispute, or other matter with supporting data to the Engineer and the other party by written notice stating the general nature of each Claim, dispute, or other matter delivered by the claimant to Engineer and the other party to the Contract A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. No daim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract. SC 10.05 C Delete paragraph 10.05C of the General Conditions in its entirety. SC 10.05 D and E Delete paragraphs 10.05.D and E of the General Conditions in their entirety ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK SC -11.02A Delete paragraph 11.02.A of the General Conditions in its entirety and replace with the following: It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER. Delete paragraphs 11.02B through D of the General Conditions in their entirety. 00800-11 H\Projects\0741\Bidding Contract Speciflcations\Spec Template120071008001supptementary Conditions.doc ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC12.01 C Delete "15 percent" in line 2 of paragraph 12.01 C.2.a of the General Conditions- and replace with "10 percent". SC12 01C Delete 15_percent" in line 6 of paragraph 12.01C.2.c of the General Conditions and replace with "10 percent". 12.03A and B Delete paragraphs 12.03.A and 12.03B of the General Conditions in their entirety and replace with the following: A. Where Contractor is delayed or prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if al a Claim is made therefore as provided in paragraph 12.02.A and (2) Contractor provides evidence that the delay impacted the critical path of the Project. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, abnormal weather conditions or acts of God. The Contractor must request the extension of time in writing and must provide the following information within the time periods stated hereafter. Failure to submit such information and in compliance with the time requirements hereinafter stated, shall constitute a waiver by the Contractor and a denial of the claim for extension of time: 1. Nature of the delay or change in the Work; 2. Dates of commencement and cessation of the delay or change in the Work; 3. Activities on the current progress schedule affected by the delay or change in the Work; 4. Identification and demonstration that the delay or change in Work affects the critical path; 5. Identification of the source of delay or change in the Work; 6. Anticipated extent of the delay or change in the Work; and 7. Recommended action to minimize the delay. B. Contractor hereby affirms that the extension of time granted herein is the Contractor's sole and exclusive remedy. Apart from extension of time, no payment or claim for damages shall be made to the Contractor as compensation for damages for any delays or hindrances from any cause whatsoever in the progress of the Work whether such delay is avoidable or unavoidable. SC 12.03C Delete paragraph 12.03.0 of the General Conditions in its entirety. SC 12.03D Delete paragraph 12.03D of the General Conditions in its entirety and replace with the following: In no event shall Owner, Engineer, or the Related Entities of either of them be liable to Contractor, any Subcontractor, any Supplier, any other person or organization, or any surety for or employee or agent of any of them, for any daim, cost, loss, or damages of any nature whatsoever arising out of or resulting from delays. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC 13.04C Delete the words: "arbitration or" in line 10 of paragraph 13.04.0 of the General Conditions. 00800-12 H\Projects107411Bidding Contract SpecificationssSpec Template12007100800\supplementary Conditions.doc SC 13.06A Delete the words: "arbitration or" in line 9 of paragraph 13.06.A of the General Conditions. SC13.07A Add the following sentence at the beginning of paragraph 13.07.0 of the General Conditions: The Owner and Contractor agree that a warranty inspection shall be scheduled no later than eleven (11) months after final payment under this Contract so that the Owner and the Contractor may inspect and otherwise examine the Work prior to the expiration of the Performance Bond SC 13.07E Delete paragraph 13.07E of the General Conditions in its entirety and replace with the following: Contractor's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or any way to limit the Contractor's continued liability for defective Work, including latent defects. SC 13.08A TWO changes: 1. Delete the words: "arbitration or in line 8 of paragraph 13.08.A of the General Conditions. 2. Delete the phrase "(such costs to be approved by Engineer as to reasonableness)" in lines 10 and 11 of paragraph 13.08.A of the General Conditions. 13.09C Delete the words: "arbitration or in line 4 of paragraph 13.09.0 of the General Conditions. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02A.1 Delete the first sentence of paragraph 14.02.A.1 of the General Conditions in its entirety and replace with the following: On or before the tenth (10th) day of each month, the Contractor shall submit completed partial progress payment requests to the Engineer, as set forth herein. Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. Such supporting documents shall include but not be limited to, the required Contractor's certification; retainage as set forth in the Agreement; and a monthly dated CPM schedule for the Project. The Contractor shall make the following certification (Affidavit) on each Application for Payment 1 hereby certify that the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below "All payments by Indian River County as Owner shall be made in accordance with the Local Govemment Prompt Payment Act. Florida Statutes section 218.70 et. seq. SC -14.02A.3 Add a new paragraph immediately after paragraph 14.02A.3 of the General Conditions, which is to read as follows: 00800-13 H\Projeds10741\Bidding Contract Specifications\Spec Template12007\008001supPlementary Conditions.doc 4. Contractor shall furnish satisfactory proof to Owner and Engineer that payment received from Owner for materiais and equipment not incorporated into the Work and suitably stored, has in fact been paid to the respective supplier(s) within ten (10) days of Contractors receipt of payment from Owner. Failure to provide such evidence of payment shall result in the withdrawal of previous approval(s) and removal of the cost of related materials and equipment from the next submitted --Application for_Payozent, and_shall_Wsleemed a default under the Contract. SC -14.02C.1 Delete paragraph 14.02.0 of the General Conditions in its entirety and replace with the following: Ail payments by Indian River County as Owner shall be made in accordance with the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. SC-14.02D.1.d Delete paragraph 14.02D.1.d of the General Conditions in its entirety and replace with the following: d. OWNER has actual knowledge of the occurrence or probable occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. SC -14.02D.2 Delete paragraph 14.02D.2 of the General Conditions in its entirety and replace with the following: If Owner refuses to make payment of the full amount recommended by Engineer, Owner shall provide notice to Contractor in accordance with the provisions of the Local Govemment Prompt Payment Act. Florida Statutes section 218.70 et. seq. and pay Contractor any amount remaining after deduction of the amount so withheld in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. Owner shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. SC -14.03A. Add the following sentences to the end of the existing paragraph 14.03A of the General Conditions as follows: No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. Contractor warrants that Contractor has good title to all materials and supplies used by Contractor in the Work, free from all liens, daims or encumbrances. SC -14.04C. Delete paragraph 14.04C of the General Conditions in its entirety and replace with the following: If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantiae 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 indude any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay 00800-14 H\Projects\0741\Bidding Contract SpecificationslSpecTempiateS2OO \sr Conditions.doc request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of -the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project. SC 14.04D Delete paragraph 14.040 of the General Conditions in its entirety and replace with the following: At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. SC14.07A.3 Delete paragraph 14.07A.3 of the General Conditions in its entirety. SC -14.076.1 Delete paragraph 14.076.1 of the General Conditions in its entirety and replace with the following: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will indicate, within twenty days after receipt of the final Application for Payment, in writing Engineer's recommendation of payment and present the Application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. SC -14.07.C.1 Delete paragraph GC -14.07.C.1 in its entirety and replace with the following: Payment shall be made by Owner to Contractor according to the Local Government Prompt Payment Act, Florida Statutes section 218. etseq. SC 14.08 Delete paragraph 14.08 of the General Conditions in its entirety. SC 14.09 Delete paragraph 14.09 of the General Conditions in its entirety. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION SC -15.02.A.1 Delete subparagraph 15.02A1 of the General Conditions in its entirety, and replace with the following: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents; SC -15.02.A.4 Delete subparagraph 15.02.A.4 of the General Conditions in its entirety, and replace with the following: 4. Contractor's violation of any material provisions of the Contract Documents. SC 15.02A5 and 6: Add the following new subparagraphs at the end of paragraph GC -15.02.A 00800-15 H\Projects\0741\Bidding Contract SpecificationMSpec Template12007100800\supplemerdary Conditions.doc 5. Failure of Contractor to make proper payments to Subcontractors for labor, services, materials or equipment in connection with the Work; ---- -- ------ --- ------- 6. If Contractor abandons the Work, or assigns Contract or any part thereof, without the previous written consent of Owner, otherwise than in accordance with the Contract Documents. -SC-15.02.0--Delete-the words: "arbitration or" in line 7 of paragraph 15.02.0ofthe General Conditions. SC -15.03.A.3 Delete subparagraph 15.03.A.3 of the General Conditions in its entirety. SC 15.02.G Add the following new paragraph immediately following paragraph 15.02.F of the General Conditions: G. If, after termination of the Contract by the Owner for cause as set forth in paragraph 15.02, it is determined that the Contractor had not failed to fulfill its contractual obligations, the termination under paragraph 15.02 shall be deemed to have been for the convenience of the Owner. In such event, adjustment of the contract price shall be made as provided in paragraph 15.03. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01A Delete the paragraph 16.01A of the General Conditions in its entirety and replace with the following: A. Prior to the filing of any suit or other legal proceedings, the parties shall endeavor to resolve claim disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The parties shall, by mutual agreement, select a circuit court mediator as certified by the Supreme Court of Florida within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a circuit court mediator as certified by the Supreme Court of Florida, then the Owner shall select the mediator, who shall be a circuit court mediator as certified by the Supreme Court of Florida. The mediator's fee shall be paid in equal shares by Owner and Contractor. SC 16.01.C. Delete paragraph 16.01 C of the General Conditions in its entirety and replace with the following C. Contractor shall carry on the Work and maintain the progress schedule during the dispute resolution proceedings, unless otherwise agreed by Contractor and Owner in writing. ARTICLE 17 - MISCELLANEOUS SC 17.01A Delete paragraph 17.01A of the General Conditions in its entirety and replace with the following Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial ovemight courier service; or (c) Mailed by registered or certified mail (postage prepaid), retum receipt requested at the addresses of the parties shown in the Agreement. Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions 00800-16 H\Projects\07411Bidding Contract SpecificationslspecTemplate12007100800\supplementary Conditions.doc received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed_Either party may change its address, for the purposes of this paragraph, by written notice to the other party given in accordance with the provisions of this paragraph. PART II — FORMS TO BE USED DURING PROJECT CONSTRUCTION (Pages 16 through 34) NOTICE OF AWARD — (Sample) NOTICE TO PROCEED FIELD ORDER WORK CHANGE DIRECTIVE CHANGE ORDER APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION FINAL RELEASE OF LIEN DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 00800-17 H\Projects\0741\Bidding Contract Specifications1Spec Template12007100800\supplementary Conditions.doc (This Page Intentionally Left Blank) 00800-18 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007W0800\supplementary Conditions.doc (SAMPLE) NOTICE OF AWARD Dated , 20 TO: (Bidder) CONTRACT FOR: VERO LAKE ESTATES WATER MAIN — PHASE 11 You are notified that your Bid dated , 20_ for the above Contract has been considered. You are the apparent successful Bidder and have been awarded a contract for: (Indicate total Work, alternates or sections of Work awarded) The Contract Price of your contract is Dollars ($ )- Enclosed are two (2) copies of the Contract Documents for your execution and subsequent retum to this office for further processing. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by , 20 1. Execute all copies of the Agreement. Each Project Manual and set of contract drawings must bear your signature on the cover sheet. Do not date the Agreements or bonds; this will be accomplished upon execution of the contracts by the OWNER. Submit a power of attomey authorizing OWNER to date bonds and Agreements. 2. Submit one (1) original copy of the Payment and Performance Bonds. Instructions to the Surety and the Principal for execution of the bonds are as follows: Where the CONTRACTOR is a Corporation, the Agreement and any bonds must be executed by the President or other duly authorized officer of the corporation. The Agreement or Bond is accompanied by a statement certified by a Secretary of the Corporation. The signatures of the persons executing the bond on behalf of the Principal and of the Surety, respectively, shall each be dated on the signature line. If the bond is executed by an Attomey-in-Fact for the Surety, the accompanying Power of Attorney must be executed by persons whose authority to do so is plainly identified on the face of the Power of Attomey. 00800-19 H1Projects\0741 \Bidding Contract Specifications\Spec Template\20071008001supplementary Conditions.doc Neither signatures nor the Corporate Seal may appear by facsimile unless the authority for them to appear in that -form is plainly disclosed on -the -face -of the document. -The Secretary or other properly authorized Officer must certify and seal a statement declaring that the authority granted by the Power of Attorney remained in force on the date that the bond was executed by the Attorney -in -Fact. 3. Include two (2) copies of the Certificate of Insurance. The Certificate must name the OWNER as an additional insured and the standard cancellation clause must read as follows: "Should any of the above described policies be canceled or changed by restricted amendment before the expiration date thereof, the issuing Company will give thirty (30) days written notice to the below named certificate holder." Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within twenty (20) days after you comply with the above conditions, the OWNER will return to you one fully signed counterpart of the Contract Documents attached. If you have any questions, or if we can be of any further assistance, please do not hesitate to contact this office. Sincerely, 00800-20 H\Projects\0741\Bidding Contract Specifications\Spec Template\20071008001supplementary Conditions.doc NOTICE TO PROCEED CONTRACT FOR: VERO LAKE ESTATES WATER MAIN — PHASE H CONTRACTOR:_ Gentlemen: 2 You are hereby notified to commence work on the subject contract on or before , 20 and are to fully complete the work within calendar days. In accordance with the contract documents, the Substantial Completion date is , ( days) with the Final Completion date being ( days). Extension in time will be by written change order only. The contract provides for assessment of liquidated damages for each consecutive calendar day that the work remains incomplete after the above established substantial completion date the sum of $ and for each consecutive calendar day that the work remains incomplete after the above established final completion date the sum of $ Indian River County, Florida (OWNER) By: (Authorized Signature) W. Erik Olson, Director of Utility Services (Printed Name & Title of Above Signer) NOTE: Attach this notice to your contract making it a part thereof. 00800-21 H\Projects\0741 \Bidding Contract Specifications\Spec Template\2007\00800\supplementary Conditions_doc FIELD ORDER PROJECT: OWNER: TO: FIELD ORDER NO.: DATE: CONTRACT: OWNER'S PROJECT NO.: CONTRACT DATE: This Field Order is issued to interpret/clarify the Contract Documents, order minor changes in the work and/or memorialize trade-off agreements. Both parties hereby agree that the work described by this Field Order is to be accomplished without change in Contract Sum, Contract Time, and/or claims for other costs. DESCRIPTION: (Here insert a written description of the interpretation, change or agreement.) FIELD ENGINEER: CONTRACTOR: BY: BY: DATES: DATE: 00800-22 H\Projects\0i41\Bidding Contract Specifications\Spec Template\2007100800\supplementary Conditions.doc (This Page intentionally Left Blank) 00800-23 H\Projects\0741\Bidding Contract Specifications\Spec Template12007\00800\supplementary Conditions.doc WORK CHANGE DIRECTIVE PROJECT: DATE OF ISSUANCE: OWNER: (Name, Address) CONTRACTOR: CONTRACT FOR: No. OWNER's Project No.: ENGINEER: ENGINEER'S Project No.: You are directed to proceed with the following change(s): Description: Purpose of Work Directive Change: Attachment(s) (list documents supporting change): If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Method of determining change in Contract Time: Contractor's records [ ] Time and Materials [1 [] Unit Prices [] Engineer's records [] Cost plus fixed fee [ ] Other Estimated increase change involves an exceed amount is not to be authorization. (decrease) in Contract Price Estimated increase (decrease) in Contract Time . If the days. If the change involves an increase, the estimated increase, the estimated time is not to be exceeded without further without further authorization. Once the Work covered by the directive is completed or final cost and time determined, Contractor should submit documentation for indusion in a change Order. T Y AFFECT THE CONTRACT THIS IS A DIRECTIVE TO PR TIME. PROCEED A CHTH A CHANGE HANGE ORDER, IFAANMYA, SHOULD BE CONSIDERED PRICE OR THE CONTRACT PROMPTLY. RECOMMENDED: By: By: Engineer Owner Date: Date: APPROVED: 00800-24 H\Projects\0741Sidding Contract Specifications%Spec Template\ 2007DOO800\supplementary Conditions.doc WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION_ This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimates time is reached. If Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable. Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. 00800-25 HlProjects\07411Bidding Contract Specifications1Spec Template120071008001supplementary Conditions.doc CHANGE ORDER No. PROJECT DATE OF ISSUANCE EFFECTIVE DATE OWNER OWNER's Contract No. M&M Project No. CONTRACTOR ENGINEER 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 Original Contract Price $ CHANGE IN CONTRACT TIME Original Contract Times Substantial Completion: Ready for final payment: Days or dates Net changes from previous Change Orders No. to No. Net change from previous Change Orders No. to No. $ days Contract Price prior to this Change Order $ Contract Time prior to this Change Order Substantial Completion: Ready for final payment: Days or dates Net Increase (decrease) in this Change Order $ Net Increase in this Change Order days Contract Price with all approved Change Orders $ Contract Time with all approved Change Orders Substantial Completion: r Ready for final payment: Days or dates RECOMMENDED: APPROVED: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) ACCEPTED: By: Date: Date. Date: EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 00800-26 H\Projects\0741\Bidding Contract Specifications\Spec Template%2007100800'supplementary Conditions.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change_ After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. 00800-27 H\Projects\0741\Bidding Contract Specifications\Spec Template12007100800♦supplementary Conditions.doc APPLICATION FOR PAYMENT NO. To: (OWNER) From: (CONTRACTOR) Contract: Project: OWNER's Contract No. ENGINEER's Project No. For Work accomplished through the date of. 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 less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances; (2) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (3) the labor and materials listed on this Application for Payment have been used in the construction of this Work and payment received from the last progress payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below: " Dated CONTRACTOR By: State of County of Subscribed and swom to before me this _ day of Notary Public My Commission expires: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated ENGINEER By: EJCDC No. C -700-E (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification Institute. 00800-28 H\Projects107411Bidding Contract Specification\Spec Template120071008001supplementary Conditions.doc APPLICATION FOR PAYMENT INSTRUCTIONS A. GENERAL INFORMATION The sample form of Schedule of Values is intended as a guide only. Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor's schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payments to Contractor. B. COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2.05.6.3 and 2.07 of the General Conditions, should be reproduced as appropriate in the space indicated on the Application for Payment form. Note that the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor's overhead and profit. All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments. The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the form. C. LEGAL REVIEW All accompanying documentation of a legal nature, such as Lien Waivers, should be reviews by an attorney, and Engineer should so advise Owner. 00800-29 H\Projects107411Bidding Contract Specifications\Spec Template12007100800\supplementary Conditions.doc CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT DATE OF ISSUANCE OWNER Indian River County Board of County Commissioners OWNER's Contract No. M&M Project No. CONTRACTOR ENGINEER Masteller & Moler, Inc. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: And To OWNER CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Worts is hereby declared to be substantially complete in accordance with the contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of Remit() be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within Days of the above date of Substantial Completion. EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 00800-30 H\Projects107411Bidding Contract Specitications1Spec Template12007V008001supplementary Conditions.doc From the date of Substantial Completion, the responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: (For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on ENGINEER By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on , 20, CONTRACTOR By: OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: (Authorized Signature) 00800-31 H\Projects\07411Bidding Contract SpeciricationslSpec Template12007\008001supplementary Conditions.doc FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that (Company Name) The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all daims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. for all in consideration of dollars ($ ) (Total Amount of Contract) paid to by receipt of which is hereby acknowledged, (Me/Us) do hereby release and quit claim to the OWNER, its successors (I/We) or assigns, all liens, lien rights, claims or demands of any kind whatsoever which now have or might have against the property, building, and/ or (I/We) for any incidental expense for the construction of (Project Number) (Project Name) thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF I have hereunto set my hand and seal this day of , 20_ (SEAL) By WITNESS: Title 00800-32 H\Projects\0741Zidding Contract Specifications\Spec Template12007100800\supplementary Conditions.doc (This Page Intentionally Left Blank) 00800-33 H\Projectst0741\Bidding Contract Specifications\Spec Template\2007\00800'.supplementary Conditions.doc DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 1. GENERAL Resident Project Representative is ENGINEER'S Agent, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings with Subcontractors shall only be through or with the full knowledge of CONTRACTOR_ Written communication with OWNER will be only through or as directed by ENGINEER. 2. DUTIES AND RESPONSIBILITIES Resident Project Representative will: 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER conceming their acceptability. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. 3. Liaison: 4. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site operations. 5. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper execution of the Work. 6. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 7. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 00800-34 H\Projects\074118idding Contract Specifications'Spec Template120071008001supplementary Conditions.doc c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. 8. Interpretation of Contract Documents: Transmit to CONTRACTOR engineer's clarifications and interpretations of the Contract Documents. 9. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 10. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all Addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as the case of observing test procedures. Send copies to ENGINEER. c. Record names, addresses and telephone numbers of all contractors, Subcontractors and major suppliers of materials and equipment. 11. Reports: a. Fumish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR'S compliance with the approved progress schedule and schedule of Shop Drawing submissions. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c. Report immediately to ENGINEER upon the occurrence of any accident. 12. Payment Requisitions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 13. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and fumished by CONTRACTOR are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 00800-35 H \Projectsl0741 \Bidding Contract Specifications1Spec Template12007100800suppiementary Conditions.doc 14. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER conceming acceptance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of ENGINEER, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on ENGINEER'S authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR; Subcontractors or CONTRACTOR'S superintendent, or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests. END OF SECTION 00800-36 H1Projects\0741\Bidding Contract Specifications\Spec Templatet2007V008001supplementary Conditions.doc (This Page Intentionally Left Blank) 00800-37 H\Projects\0741\Bidding Contract Spermcations.SpecTemplate \2007\008001supplementary Conditions.doc SECTION 00850 DRAWINGS INDEX 1 TITLE SHEET K-1 INDEX SHEET K1 87th STREET PLAN & PROFILE SHEET W-2 87th STREET PLAN & PROFILE SHEET W-3 87"' STREET PLAN & PROFILE SHEET W-4 87th STREET PLAN & PROFILE SHEET W-5 99TH COURT PLAN & PROFILE SHEET W-6 99TH COURT PLAN & PROFILE SHEET W-7 99TH COURT PLAN & PROFILE SHEET W-8 99TH COURT PLAN & PROFILE SHEET W-9 99TH COURT PLAN & PROFILE SHEET W-10 95TH COURT PLAN & PROFILE SHEET W-11 95TH COURT PLAN & PROFILE SHEET W-12 95114 COURT PLAN & PROFILE SHEET W-13 95TH COURT PLAN & PROFILE SHEET W-14 95TH COURT PLAN & PROFILE SHEET D-1 CONSTRUCTION NOTES D-2 DETAIL SHEET END OF SECTION 00850-1 H\Projects107411Bidding Contract SpecificationssSpec Template120071008501Drawing Index.doc SECTION 00900 ADDENDA (ADDENDA TO BE INSERTED HERE) END OF SECTION 00900-1 H\Projects0741\Bidding Contract Specifications1Spec Template\2007100900Wdenda.doc (This Page Intentionally Left Blank) 00900-2 H \Projects0741 \Bidding Contract SpecificationslSPec Template\20071009001Adenda.doc SECTION 00901 APPROVED PERMITS (PERMITS TO BE INSERTED HERE) END OF SECTION 00901-1 H\Projects\07411Bidding Contract Specifications%Spec Template12007\00901 %approved Pemiits.doc 141'1.011C1 N Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Notification of Use of General Permit SENT BY E-MAIL Permittee: Erik W. Olson, Indian River County Utilities Department Utility: Erik W. Olson, Indian River County Utilities Department Engineer: Earl H. Masteller, P.E., DEE, Masteller & Moller, Inc Permit Number: WD31-0039206-738 Project Name: Vero Lake Estates Phase II County: Indian River Location: Vero Lakes Estates Subdivision Project Description: Part of Vero Lake Estates Master Planned water transmission main to run along 87th St. from 98th Ave. west, to 104th Ave ; along 99th Court from 87th St south to 79th St; along 95th Court from 87th St south to 79th St. Charlie Crist Governor Jeff Kottkamp Lt. Governor Michael W. Sole Secretary 1:0XCIERVMT NOV2 1 2007:cit To the Permittee: Erik W. Olson, Utility Department Director In response to your request, this document is to advise you that the Department has received your notice of intent to use a general permit as provided in Chapter 62-555, Florida Administrative Code (F.A.C.), to construct a water distribution system extension and is not at this time objecting to your use of such general permit. Please be advised that you are required to abide by all conditions in Chapters 62-4, 62-550, 62-555, the general requirements for general permits, and Rule 62-555.405, F.A.C. Also note that the permittee must promptly notify the Department upon sale or legal transfer of the permitted facility. This permit is transferable only upon Department approval. The new owner must apply, by letter, for a transfer of permit within 30 days. A LETTER OF CLEARANCE MUST BE ISSUED BY THE DEPARTMENT PRIOR TO PLACEMENT OF THIS PROJECT INTO SERVICE. FAILURE TO DO SO WILL RESULT IN THE PERMITTEE BEING SUBJECT TO APPROPRIATE ENFORCEMENT ACTION. To obtain the clearance letter, the engineer -of -record must submit a "Request for Letter of Release to Place Water Supply System into Service" [DEP Form 62-555.900(9), F.A.C.] (attached), a copy of this letter and satisfactory bacteriological test results (with chlorine residuals indicated) taken on two consecutive days from the following locations: a. The proposed 18 bacteriological samDlins points as indicated in the plans. Water sample forms must indicate specific recommended sample locations and file number above. Permit expiration date is five years from the date of issuance. Richard Stz4,1 c ott Richard S. Lott, P.G., P.E. Manager — Drinking Water Program Date: November 21, 2007 RSL/DAV/DAV eolson@ircgov.com ; mastmolr(a,bellsouth.net "More Protection. Less Process.' DIVISION 1 GENERAL REQUIREMENTS SECTION 01010 SUMMARY OF WORK PART 1— GENERAL 1.01 LOCATION OF WORK A. The Work of this Contact is located on the Spoonbill Marsh Wetland Disposal Treatment Site, as shown on the Construction Drawings. 1.02 SCOPE OF WORK A. Fumish all labor, materials, equipment and incidentals required to construct the 12" water main as shown on the Drawings and specified herein. The work shall be complete. All labor, materials, and services not expressly indicated or called for in the Contract Documents, which may be necessary for the complete and proper construction of the work in good faith shall be provided by the CONTRACTOR as though originally so indicated, at no increase in cost to the OWNER. B. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessanly limited to the following. Construction of approximately 3,300 LF of 12" Water Main and associated appurtenances along 87"' Street and approximately 10,000 LF of 8" diameter water main and associated appurtenances along 95th Court and 99th Court. Construction consists of, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances; 12" directional bores, 8" directional bores, valves, fire hydrant assemblies, wet lap, restrainers, soil compaction, disinfection, testing, (includes providing temporary jumper or another approved method for disinfection and flushing), irrigation repair, non -paved road and drive restorations, sod, private property replacement or repair, franchise utility repair and traffic control PVC pipe shall be C-900 per Indian River County Utility Standards and specifications. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied within. 01010-1 H\Projectst741\Bidding Contract SpecificationMSpecTemplate12007101010�,Summary of Work.doc 1.03 WORK BY OTHERS A. Any work performed by others prior to or in conjunction with the Work of this Contract, the CONTRACTOR shall cooperate with other CONTRACTOR's on the site. B. Interference With Work on Roads/Utilities: the CONTRACTOR shall cooperate fully with all utility forces of the OWNER or forces of other public or private agencies engaged in relocation, altering, or otherwise rearranging of any Road/Utility facilities which interfere with the progress of the Work, and shall schedule the Work so as to minimize interference with said relocation, altering, or other rearranging of facilities. CONTRACTOR shall minimize road lane closures and obtain County approval in writing and secure any necessary permits prior to any lane dosures or work in the right-of-way. C. Concurrent Work by Other CONTRACTOR's: The CONTRACTOR's attention is directed to the fact that work may be conducted adjacent to or on the site by other CONTRACTOR's during the performance of the Work of this Contract. The CONTRACTOR shall conduct its operations so as to cause a minimum of interference with the Work of such other CONTRACTOR's. D. Refer to the General Conditions for additional requirements. 1.04 WORK SEQUENCE A. Perform Work to ensure completion of the Work within the Contract Time. Completion dates of the various stages shall be in accordance with the approved construction schedule submitted by the CONTRACTOR. The CONTRACTOR shall provide a written plan and tchedule in the event he desires to perform work from different stages concurrently. A written plan describing the CONTRACTOR's intent must be submitted for approval by the ENGINEER. 1.05 CONTRACTOR's USE OF PREMISES A. CONTRACTOR shall have use of the premises as indicated on the drawings for the performance of the Work, subject to ongoing work by other CONTRACTOR's and the County. B. Coordinate use of premises with OWNER and ENGINEER. C. CONTRACTOR shall assume full responsibility for security of all his and his subCONTRACTOR's materials and equipment stored on the site. D. If directed by the OWNER or ENGINEER, move any stored items which interfere with operations of OWNER or other CONTRACTOR's. E. Obtain and pay for use of additional storage or work areas if needed to perform the Work. 01010-2 H\Projects10741\Bidding Contract Specihcations\Spec Template120071010101Summary of Work.doc F. The CONTRACTOR shall be responsible for obtaining temporary sanitary facilities during construction and all associated costs. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION 3.01 GENERAL A. The CONTRACTOR shall coordinate construction and reconstruction work with the OWNER and ENGINEER. Unless otherwise indicated, the CONTRACTOR shall be responsible for the sequence of the work. All work shall be performed in accordance with applicable safety rules and regulations. B. The CONTRACTOR shall insure that any utilities connected to structures, equipment, and facilities to be removed, relocated, salvaged, replaced, or abandoned shall be rendered inoperable, replaced with new utilities, or adequately bypassed with temporary utilities before proceeding with reconstruction. C. The CONTRACTOR shall take precautions to avoid damage to adjacent facilities and to limit the reconstruction activities to the extent indicated. If reconstruction beyond the scope indicated is required, the CONTRACTOR shall obtain approval from the ENGINEER prior to commencing work. 3.02 DISPOSAL A. Clearing and grubbing and removal of debris, where necessary, shall minimize interference with roads, streets, walks, and other adjacent occupied or used facilities which shall not be dosed or obstructed without permission from the OWNER. Altemate routes shall be provided around closed or obstructed traffic ways. B. Site debris, rubbish, and other materials resulting from reconstruction operations shall be legally removed and disposed of at the CONTRACTOR'S expense. Structures and equipment to be demolished shall be leaned prior to demolition and the wash water properly disposed. No trace of these structures shall remain prior to placing of backfill in the areas from which structures were removed. C. Refuse, debris, and waste materials resulting from demolition and site clearing operations shall not be bumed. All refuse and waste material shall be disposed of at the IRC Landfill with the CONTRACTOR paying all transportation and disposal fees. END OF SECTION 01010-3 H\Projects107411Eidding Contract Spermcations\SpecTemplaten20071010100,Summary of Work.doc SECTION 01025 MEASUREMENT AND PAYMENT PART 1 — GENERAL 1.01 GENERAL Measurement and payment will be based upon work completed and accepted in accordance with the Contract Documents. No separate payment will be made for excavation, trenching, dewatering, backfilling, leakage tests, surveying, density tests, or other incidental items of work not shown in the Agreement. 1.02 EQUIPMENT AND MATERIALS IN STORAGE Partial payment for materials and equipment in proper storage at the site of the work or other approved storage site will be made for those items for which the Contractor has submitted paid invoices to the Engineer. The partial payment for stored materials will be 50% of the value of materials and equipment, based on receipted bills, furnished but not incorporated in the work, as determined by Engineer. 1.03 MEASUREMENT A. Mobilization: Measurement shall be on a lump sum basis, and shall be limited to the following maximum amounts: ORIGINAL CONTRACT AMOUNT ($) MAXIMUM AMOUNT OF FROM MORE THAN TO AND INCLUDING ITEM FOR MOBILIZATION 0 100,000 3,000 100,000 500,000 15,000 500,000 1,000,000 30,000 1,000,000 2,000,000 60,000 2,000,000 3,000,000 90,000 3,000,000 4,000,000 120,000 4,000,000 5,000,000 125,000 5,000,000 6,000,000 150,000 ,6,000,000 7,000,000 175,000 7,000,000 10,000,000 200,000 10,000,000 250,000 Should the lump sum price bid for the item Mobilization exceed the maximum permissible amount for this item, as specified herein, the bid price will be reduced to the maximum permissible amount, and the reduced price will be used in correctly determining the total price for comparison of bids received. The cost of video taping the pre -construction condition shall be included in the lump -sum cost of mobilization. 01025-1 H:1Project 07411Bidding Contract Specifications\Spec Template12007101025 Measurement and Payment.doc B. Pipe: Measurement of pipe shall be computed using linear feet, as measured along the centerline of the pipe installed (Except when included in lump sum bid items -ie; Aerial crossing). No deduction will be made for the length of valves and fittings installed in the line. Where the measurement terminates at a valve, bend, tee, or other fitting, the centerline of the valve or fitting shall be the point of termination. All required erosion control clearing, excavation, backfill, compaction, all restoration and replacement, paving, grading, density testing, pipe lining, coating, encasement material, restraining devices, and all mechanical joint fittings and thrust blocks shall be included in the cost of the pipe. C. Fittings: Measurement of cast iron and ductile iron fittings shall be on the basis of weight. The weights used to determine the quantity installed shall be the weights of the appropriate fittings as listed in the supplier's invoice or catalog. When mechanical joint fittings are required, the weight of the gland bolts and gaskets shall not be added to the listed weight of the fittings. Where flanged fittings are fumished, the weight of the bolts and gaskets shall not be included. D. Gate Valves, air release valves, Tapping Sleeve and Valves and other miscellaneous appurtenances: Measurement shall be on the basis of furnishing and installing each type and size of appurtenance required, including valve boxes, covers, and other associated items. (Except when included in lump sum bid items — eg; aerial crossing, directional bore.) E. Fire Hydrant Assembly: Measurement of fire hydrant assembly shall be for the actual number constructed in accordance with the Plans and Specifications, or as directed by the Engineer, at the unit price bid for the item "Fire Hydrant Assembly," scheduled in the Fomi of Proposal. The unit price for "Fire Hydrant Assembly" shall include cutting bituminous paving, removal of paving courses and curb if required, excavation, furnishing and installation required length of 6" DIP water main, dry -barrel traffic hydrant, concrete foundations for hydrant, fitting, one (1) 6" diameter gate valve, concrete thrust block (reaction backing) for fire hydrant , backfill, blue reflective markers, all materials, equipment, labor and all else necessary therefore and incidential thereto. F. HDPE Horizontal Directional Bore: Measurement of HDPE horizontal directional bore shall be computed using linear feet, as measured prior to pulling, and deducting the length of pipe above ground service and include all material (including HDPE pipe), equipment, supplies, fuel, labor, sheeting and bracing, receiving and boring pits (if required), excavation, dewatering, backfilling, compaction, mechanical fittings, restoration, fumishing and in stallion of the HDPE pipe. Payments shall be based on a linear foot price for the directional bore length as measured as specified above. 01025-2 H:1Project 07411Bidding Contract Specifications1Spec Tempiate12007101025 Measurement and Payment.doc G. Concrete Sidewalk and Driveway Replacement: Shall include sidewalk and/or driveway removed and replaced as a result of Contractor's operations. Minimum widths of replacement shall be as described in specifications or as shown on the plans. No separate payment will be made for concrete construction, including sawcutting, excavation, formwork, reinforcing, or other work or materials required in connection with concrete construction. The cost of all concrete sidewalk and driveway replacement shall be included in the cost of the pipe. H. Asphaltic Pavement Replacement: Shall include asphalt removed and replaced as a result of Contractor's operations. Minimum width of replacement shall be as described in the specifications or as shown on the plans. Work shall include sawcutting, disposal of demo'd asphalt, and construction of the surface course, base, subgrade materials, and pavement markings, testing and all else incidental thereto. The cost of all asphaltic pavement replacement shall be included in the cost of the pipe. I. Asphalt Pavement Overlay: Shall include all re -surfacing as a result of construction operations. The work shall include tack coat, surface course and pavement markings. Asphalt pavement overlay shall be included in the cost of the pipe. J. Unimproved Driveway Replacement: Shall include (dirt, marl or shell) driveway replacement/reconstruction removed and replaced as a result of the construction operations. Work shall include subgrade and surface (shell) materials, compaction, density testing, etc. Unimproved driveway replacement shall be computed using linear fee, as measured along the centerline of the pipe installed. K. Grassing: Measurement of grassing (seed or sod) shall be computed using the linear feet, as measured along the water main pipe, or grassed area disturbed and restored as a result of Contractor's operations. The entire width of the disturbed area shall be grassed. Payment shall include all necessary grading, soil preparation, seeding, sodding, fertilizer, mulch, and irrigation. L. Construction Stake -Out: Measurement of construction stake -out shall be computed as a lump sum item, for all required construction stake -out, including: layout and survey of the proposed construction, setting of stakes as required, necessary computations to establish the exact position of the work, establish reference to baselines, and provide and maintain off -set stakes outside the limits of construction and marked to show offset distance. M. Record Drawings/As-built Survey: Measurement of record drawings/as-built survey shall be computed as a lump sum item, for the preparation of "As -built Drawings", including field survey, drawing preparation in l'ACAD", with ties to state plan coordinates, all in accordance with IRCUDS water and wastewater utility standards. The as -built drawings shall be provided certified by a licensed and registered land surveyor. 01025-3 H:1Project 0741VBidding Contract Specfications\Spec Template%2007\01025 Measurement and Paymentdoc PAYMENT Payment will be made at the respective contract unit and/or lump sum price for each item shown in the Agreement, installed and accepted, which price and payment shall constitute full compensation for fumishing all materials and performing all work in connection therewith and incidental thereto. 1.05 RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY Where pavement, trees, shrubbery, fences, or other property or surface structures not designated as pay items have been damaged, removed, or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, state laws, municipal ordinances, or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before work began within a time frame approved by the Engineer. ** END OF SECTION *'` 01025-4 H:1Project 0741\Bidding Contract Specifications\Spec Template22007\01025 Measurement and Payment.doc SECTION 01035 CHANGE ORDER PROCEDURES PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDE A. Promptly implement Change Order Procedures 1. Provide full written data required to evaluate changes. 2. Maintain detailed records of work done on a time-and-material/force account basis. 3. Provide full documentation to Engineer on request. B. Designate in writing the member of Contractor's organization: 1. Who is authorized to accept changes in the Work, 2. Who is responsible for informing others in the Contractor's employ of the authorization of changes in the Work. C. Owner will designate in writing the person who is authorized to execute Change Orders. 1.02 RELATED REQUIREMENTS A. The amount of established unit prices. B. Conditions of the Contract: 1. Methods of determining cost or credit to Owner resulting from changes in Work made on a time -and -materials basis. 2. Contractor's claims for additional costs. C. Applications for Payment are induded in Section 01052. D. Construction Schedules is included in Section 01311. E. Schedule of Values is included in Section 01370. 1.03 DEFINITIONS A. Change Order. See General Conditions 1.04 PRELIMINARY PROCEDURES A. Owner or Engineer may initiate changes by submitting a proposal Request to Contractor. Request will include the following: 1. Detailed description of the Change, Products, and location of the change in the Project. - 2. Supplementary or revised Drawings and Specifications. 3. The projected time span for making the change and a specific statement as to whether overtime work is, or is not, authorized. 4. A specific period of time during which the requested price will be considered valid. 01035-1 H\Projeds\0741\Bidding Contract Specifications\Spec Template120071010351Change Order Procedures.doc • 5. Such request is for information only, and is not an instruction to execute the changes, nor to stop work in progress. B. Contractor may initiate changes by submitting a written notice to Engineer, containing: 1. Description of the proposed changes 2. Statement of the reason for making the changes. 3. Statement of the effect on the Contract Sum and the Contract Time. 4. Statement of the effect on the work of separate contractors. 5. Documentation supporting any changes in Contract Sum or Contract Time, as appropriate. 1.05 CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of Proposal Request, Engineer may issue a "Work Directive Change" for Contractor to proceed with a change for subsequent inclusion in a Change Order. B. Authorization will describe changes in the work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. C. Owner and Engineer will sign and date the Work Directive Change as authorization for the Contractor to proceed with the Changes. 1.06 DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each quotation for a lump sum proposal, and for each unit price which has not previously been established, with sufficient substantiating data to allow Engineer to evaluate the quotation. B. On request, provide additional data to support time and cost computation including the following: 1. Labor required. 2. Equipment required. 3. Products required: a. Recommended source of purchase and unit cost. b. Quantities required. 4. Taxes, insurance bonds. 5. Credit for work deleted from Contract, similarly documented. 6. Overhead and profit. 7. Justification for any change in Contract Time. C. Support each claim for additional costs, and for work done on a time -and - material / force account basis, with documentation as required for a lump sum proposal, plus the following additional information: 1. Name of the Owner's authorization agent who ordered the work, and date of the order. _ 2. Dates and time work performed, and by whom. 3. Time record, summary of hours worked, and hourly rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b. Products used; listing quantities. c. Subcontracts. 01035-2 H1Projects107411Bidding Contract SpecificationslSpec Template\2007V01035Change Order Procedures.doc D. Document requests for substitutions for Products as specified in Section 01630. 1.07 PREPARATION OF CHANGE ORDERS A. Engineer will prepare each Change Order. B. Form: Change Order format provided in the Contract Documents. C. Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time. 1.08 LUMP SUM / FIXED PRICE CHANGE ORDER A. Content of Change Orders will be based on either. 1. Engineer's Proposal Request and Contractor's responsible Proposal as mutually agreed upon between OWNER and Contractor. 2. Contractor's Proposal for a change, as recommended by Engineer. B. Owner and Engineer will sign and date the Change Order as authorization for the contractor to proceed with the changes. C. Contractor shall sign and date the Change Order to indicate agreement with the terms therein. 1.09 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on, either 1. Engineer definition of the scope of the required changes. 2. Contractor's Proposal for a change, as recommended by Engineer. 3. Survey of completed work B. The amount of the unit prices shall be: 1. Those stated in the Agreement. 2. Those mutually agreed upon between Owner and Contractor. C. When quantities of each of the items affected by the Change Order can be determined prior to start of the work: 1. Owner and Engineer will sign and date the Change Order as authorization for Contractor to proceed with the changes. 2. Contractor shall sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the work: 1. Engineer or Owner will issue a Change Order directing Contractor to proceed with the change on the basis of unit prices, and will cite the applicable unit prices. 2. At completion of the change, Engineer will determine the cost of such work based on the unit prices and quantities used. 01035-3 H\Projeds\0741\Bidding Contract Specfications%Spec Template12007\010351Change Order Procedures.doc a. Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time. 3. Engineer will sign and date a second Change Order to establish the change in Contract Sum and in Contract Time. 4. Owner and Contractor will sign and date the second Change Order to indicate their agreement with the terms therein. 1.10 TIME AND MATERIAL / FORCE ACCOUNT CHANGE ORDER / CONSTRUCTION AUTHORIZATION A. Engineer and Owner will issue a Work Directive Change directing Contractor to Proceed with the changes on a time -and -material / force account basis. B. At completion of the change, Contractor shall submit itemized accounting and supporting data as provided in the Article "Documentation of Proposals and Claims" of this section. C. Engineer will determine the allowable cost of such work, as provided in General Conditions and Supplementary Condition. D. Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. E. Owner and Contractor will sign and date the Change Order to indicate their agreement therein. 1.11 CORRELATION WITH CONTRACTOR'S SUBMITTALS A. Contractor shall periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Contract Sum. • B. Contractor shall periodically revise the Construction Schedule to reflect each change in Contract Time. 1. Revise sub -schedules to show changes for other items of work affected by the changes. C. Upon completion of work under a Change Order, enter pertinent changes in Record Documents. PART 2 — PRODUCTS Not Applicable PART 3 — EXECUTION Not Applicable END OF SECTION** 01035-4 H1Projects10741\Bidding Contract Specifications%Spec Template\2007101035\Change Order Procedures.doc SECTION 01050 FIELD ENGINEERING PART 1 GENERAL 1.01 SCOPE OF WORK A. Provide and pay for field engineering services required for project. 1. Survey work required in execution of project. 2. Civil, structural or other professional Engineering services specified, or required to execute Contractor's construction methods. B. The Contractor shall retain the services of a registered land surveyor licensed in the State of Florida: 1. Identify existing control points and property line comer stakes indicated on the Drawings, as required. 2. Maintain an accurate location of all buried piping 4 -inch in diameter and larger. 1.02 RELATED WORK A. Standard General Conditions of the Construction Contract are included in Section 00700. B. Summary of Work is included in Section 01010. C. Applications for Payment are included in Section 01052. D. Contract Closeout is included in Section 01700. 1.03 SUBMITTALS A. Submit, in accordance with Section 01300, name and address of registered land surveyor or professional Engineer. B. On request of the Engineer, submit documentation to verify accuracy of field engineering work. C. Submit certificate signed by registered Engineer or land surveyor certifying that elevations and locations of improvements are in conformance, or non-conformance, with Contract Documents. D. At the end of the project, and prior to final payment, submit certified drawings with the Surveyors title block (signed and sealed by the registered land surveyor) of the items listed below. Vertical Control shall conform to NGVD mean sea level datum. 01050-1 H\Project\07411Bidding Contract Specifications\SPec Template‘2007101050\Field Engineering .doc These drawings shall be included with, and made a part of, the project record documents. 1. Certified site survey at 1 -inch = 40 -feet scale or larger but not greater than 1 -inch = 20 -feet scale, on reproducible mylar(s) 24 -inch by 36 -inch, indicating the building comers, sidewalks, paved areas and location of all above ground structures within the plant or project site. 2. Certified drawing showing the location, lines and grades of all lines 4 -inch in diameter and larger buried and exterior to buildings and other buried facilities (e.g. valves, tanks, vaults, etc) installed as a result of the work. This shall be at the same scale as the Engineer's yard piping drawing and submitted on reproducible mylar. 3. Certified survey at the same scale as the Engineer's line drawings (e.g. transfer piping, force main, water transmission, etc) indicating lines, grades, elevations and stationing at 20 -feet increments. Provide elevations of structure bottom, pipe invert(s) and rim elevations on all manholes. E. Topographical surveys shall meet the following criteria: 1. 1 -inch = 100 -feet scale reproducible plot, 2 foot contours. 2. Produced on national map accuracy standards for 1 -inch = 100 -feet scale maps with 2 foot contour intervals 3. Contractor shall submit computer generated drawing files in AutoCAD 2005 format on CD-R/RW disks. All entries shall be place on layers named to describe the entity being mapped. All elevation information in the AutoCAD file shall be in an appropriate three dimensional format. A digital terrain model (DTM) AutoCAD file containing adequate three dimensional points and break lines to accurately model the surface shah be submitted. The DTM file shall be compatible for use with SoftDesk S.7 software. F. Survey shall include all the requirements as outlined in Paragraph 1.06 below. 1.04 QUALIFICATIONS OF SURVEYOR OR ENGINEER A. Registered professional Engineer or land surveyor of the discipline required for the specific service on the project, currently licensed in the State of Florida. 1.05 SURVEY REFERENCE POINTS A. Existing basic horizontal and vertical control points for the project are those designated on Drawings. B. Locate and protect control points prior to starting site work and preserve all permanent reference points during construction. 1. Make no changes or relocations without prior written notice to the Engineer. 2. Report to the Engineer when any reference point is lost or destroyed, or requires relocation because of necessary changes in grades or locations. 3. Require surveyor to correctly replace project control points which may be lost or destroyed. a. Establish replacements based on original survey control. 01050-2 H\Project\0741 \Bidding Contract Specifications\Spec Template\2007\01050Field Engineering.doc 1.06 PROJECT SURVEY REQUIREMENTS A. Establish a minimum of two permanent bench marks on site, referenced to data established by survey control points. 1. Record locations, with horizontal and vertical data, on Project Record Documents. B. Establish lines and levels, locate and lay out, by instrumentation and similar appropriate means: 1 Site improvements. a. Stakes for grading, fill and topsoil placement. b. Utility slopes and invert elevations. 2. Batter boards for structures. 3. Building foundation, column locations and floor levels. 4. Controlling lines and levels required for mechanical and electrical trades. C. From time to time, verify layouts by same methods. D. Establish all lines and grades prior to construction of line work for all force mains, raw water mains and transmission mains at 100 -feet increments and at defined breaks in grade. 1.07 RECORDS A. Maintain a complete, accurate log of all control and survey work as it progresses. B. Update the project record drawings on a monthly basis based on the work performed during the month ending at the pay request as a condition for approval of monthly progress payment requests. C. Maintain an accurate record of piping changes, revisions, and modifications. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) "END OF SECTION** 01050-3 H \Project\0741 \Bidding Contract Specifications\SpecTemplate\2007101050\Field Engineering.doc SECTION 01052 APPLICATIONS FOR PAYMENT PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit Applications for Payment to Engineer in accordance with the schedule established by Conditions of the contract and Agreement between Owner and Contractor. B. The accepted Schedule of Values, Section 01370, shall be used as the basis for the CONTRACTOR'S Application for Payment. 1.02 RELATED REQUIREMENTS A. In other parts of the Construction Documents: 1. Agreement between Owner and Contractor 2. General Conditions of the Contract 3. Article 14 — Payments to Contractor and Completion B. Specified in Other Sections: 1. Summary of Work is included in Section 01010. 2. Contract Closeout is included in Section 01700. 1.03 FORMAT AND DATA REQUIRED A. Submit itemized applications typed in a format approved by Engineer. All applications for payment must be numbered, dated, and signed by the Contractor. B. Provide itemized data on payment application (format, schedules, line items and values accepted by Engineer). 1.04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Fill in required information, including that for Change Orders executed prior to the date of submittal of application 2. Fill in summary of dollar values 3. Execute certification with the signature of a responsible officer of the contract firm 4. Have resident project representative review and sign application prior to submission to Engineer 01052-1 H\Projects\07411Bidding Contract Spec ificationssSpec Tem plate120071010521Application for Payment.doc 1.05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner or the Engineer requires substantiating data, Contractor shall submit suitable information, with a cover letter identifying: 1. Project 2. Application number and date 3. Detailed list of enclosures 4. For stored products: a. Item number and identification b. Description of specific material B. Submit one copy of data and cover letter for each copy of application. 1.06 PREPARATION OF APPLICATION FOR ANAL PAYMENT A. Application for payment is required for progress payments B. Only one application will be acceptable in any one month 1.07 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Engineer at the time stipulated in the Agreement B. Number: Five copies of each progress Application C. When Engineer finds the Application properly completed and correct, he will transmit the applications for payment to the Owner PART 2 — PRODUCTS Not applicable PART 3 — EXECUTION Not applicable "`'`END OF SECTION''` 01052-2 H1Projects\0741\Bidding Contract Specifications\Spec Template12007\01052\AppIcation for Payment.doc SECTION 01060 REGULATORY REQUIREMENTS AND NOTIFICATION PART 1 — GENERAL 1.01 PERMITS REQUIRED A. Florida Department of Transportation (FDOT) Utility Right -of -Way. B. Other Permits Required: The Contractor is responsible for obtaining any temporary discharge permits that may be required by local drainage districts as well as any right-of-way permits necessary to complete the Work. 1.02 NOTIFICATION A. Indian River County: The Contractor is required to notify the Indian River County Utilities Department 48 hours prior to initiating construction (Mike Hotchkiss, 772- 567-8000 x1821). The Contractor is required to notify the Indian River County Road and Bridge Departrnent 72 hours prior to biocking any County roads or detouring any traffic (Terry R. Cook, 772-770-5085). B. Utility Companies: Contractor shall notify the utility companies in the area 48 hours prior to initiating construction and contact SunShine State One Call (1-800-432- 4770). A list of contacts can be obtained by contacting Mike Hotchkiss, 772-567- 8000 x1821. C. The Contractor shall give the Engineer not less than seven (7) calendar days notice of the time and place (or places) where he will start the work. D. When the Contractor's excavating operations encounter prehistoric remains or artifacts of historical or archeological significance, the operations shall be temporarily discontinued in that area and the Engineer shall be notified. The Engineer will consult archaeological authorities and determine the disposition of the remains or artifacts. The Contractor agrees that he will make no claim for additional payment or for extension of time because of any delays in or alteration of his procedure due to removal of any such remains or artifacts. PART 2 — PRODUCTS Not applicable PART 3 — EXECUTION Not applicable END OF SECTION 01060-1 H1Projects1074116idding Contract Specifications'.Spec Template1200A01060 Regulatory Requirements and Notification.doc SECTION 01090 REFERENCE STANDARDS PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED Abbreviations and acronyms used in Contract Documents to identify reference standards. 1.02 QUALITY ASSURANCE A. Application: When a _ standard is specified by reference, comply with requirements and recommendations stated in that standard, except when requirements are modified by the Contract Documents, or applicable codes establish stricter standards. B. Publication Date: The publication in effect on the date of issue of Contract Documents, except when a specific publication date is specified. 1.03 ABBREVIATIONS, NAMES, AND ADDRESSES OR ORGANIZATIONS A. Obtain copies of reference standards direct from publication source, when needed for proper performance of work, or when required for submittal by Contract Documents. B. The following, as appropriate to project, is a list of referenced standards and their mailing addresses for requesting copies of standards: AA Aluminum Association 818 Connecticut Avenue, NW Washington, D.C. 20006 AABC Associated Air Balance Council 1000 Vermont Avenue, NW Washington, D.C. 20005 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Washington, D.C. 20001 ACI American Concrete Institute Box 19150 Redford Station Detroit, MI 48219 01090-1 H\Projects\0741\Bidding Contract Specifications\Spec Template12007\01090\Reference Standards.doc ADC Air Diffusion council 435 North Michigan Avenue Chicago, IL 60611 Al AISC AISI Asphalt Institute Asphalt Institute Building College Park, MD 20740 American Institute of Steel Construction 1221 Avenue of the Americas New York, NY 10020 American Iron and Steel Institute 1000 16th Street, NW Washington, D.C., 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights, IL 60004 ANSI ARI American National Standards Institute 1430 Broadway New York, NY 10018 Air Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington, VA 22209 ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 345 East 47th Street New York, NY 10017 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 ASPA American Sod Producers' Association Association Building Ninth and Minnesota Hastings, NE 68901 ASSE American Society of Sanitary Engineers 960 Illuminating Building Cleveland, OH 44113 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 01090-2 H\Projects\0741\Bidding Contract Specifications'Spec Temptate120071010901Reference Standards.doc AWI Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington, VA 22206 AWPA American Wood -Preservers Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society 2501 NW 7th Street Miami, FL 33125 AWWA American Water Works Association 6666 W. Quincy Avenue Denver, CO 80235 CDA Copper Development Association 57th Floor, Chrysler Building 405 Lexington Avenue New York, NY 10017 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue Washington, D.C. 20036 CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street, Suite 2110 Chicago, IL 60601 FDOT Florida Department of Transportation Haydon Bums Building 605 Suwannee Street Tallahassee, FL 32301 FM Factory Mutual System 1151 Boston -Providence Turnpike Norwood, MA 02062 FS Federal Specifications General Services Administration Specifications and Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, D.C. 20407 GA Gypsum Association 1603 Orrington Avenue Evanston, IL 60201 01090-3 H1Projects\0741\Bidding Contract Specifications\Spec Template\2007\010901Reference Standards.doc MFMA Maple Flooring Manufacturers Association 2400 East Devon, Suite 205 Des Plaines, IL 60018 MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 MLSFA Metal Lath / Steel Framing Association 221 North LaSalle Street Chicago, IL 60601 NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL 60601 NEBB National Environmental Balancing Bureau 8224 Old Courthouse Road Vienna, VA 22180 NEMA National Electrical Manufacturers Association 2101 L Street, NW Washington, D.C. 20037 NFPA National Fire Protection Association 470 Atlantic Avenue Boston, MA 02210 NFPA National Forest Products Association 1619 Massachusetts Avenue, NW Washington, D.C. 20036 NOFMA National Oak Flooring Manufacturers Association 804 Sterick Building Memphis, TN 38103 NSF National Sanitation Foundation NSF Building 3475 Plymouth Road Ann Arbor, MI 48106 NSWMA National Solid Waste Management Association 1120 Connecticut Avenue, NW Washington, D.C. 20036 NTMA National Terrazzo and Mosaic Association 3166 Des Plaines Avenue Des Plaines, IL 60018 01090-4 H \Projects \0741 \Bidding Contract Specifications\Spec Template\2007\01090\Reference Standards.doc PCA PCI Portland Cement Association 5420 Old Orchard Road Skokie, IL 20076 Prestressed Concrete Institute 20 North Wacker Drive Chicago, IL 60606 PS Product Standard U.S. Department of Commerce Washington, D.C. 20203 RCSHSB Red Cedar Shingle and Handsplit Shake Bureau 515 116th Avenue Bellevue, WA 98004 SDI Steel Deck Institute Box 3812 St. Louis, MO 63122 SDI Steel Door Institute 712 Lakewood Center North Cleveland, OH 44107 SIGMA Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive Chicago, IL 60601 SJI Steel Joint Institute 1703 -Parham Road, Suite 204 Richmond, VA 23229 SMACNA Sheet Metal and Air Conditioning Contractor's National Association 8224 Old Courthouse Road Vienna, VA 22180 TCA Technical Aid Series Construction Specifications Institute 1150 Seventeenth Street, NW Washington, D.C. 20036 TCA UL Tile Council of America, Inc. Box 326 Princeton, NJ 08540 Underwriters Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 01090-5 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\010901Reference Standards.doc PART 2 - PRODUCTS Not Applicable PART 3 - EXECUTION Not Applicable END OF SECTION (Remainder of Page Intentionally Left Blank) 01090-6 H\Projects\0741\Bidding Contract Specifications\Spec Template12007\01090\Reference Standards.doc SECTION 01110 ENVIRONMENTAL PROTECTION PROCEDURES PART 1 — GENERAL 1.01 SCOPE OF WORK A. Fumish all labor, materials and equipment and perform all work required for the prevention of environmental pollution in conformance with applicable laws and regulations, during and as the result of construction operations under this Contract. For the purpose of this Section, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic and/or recreational purposes. B. The control of environmental pollution requires consideration of air, water and land, and involves management of noise and solid waste, as well as other pollutants. C. Schedule and conduct all work in a manner that will minimize the erosion of soils in the area of the work. Provide erosion control measures such as diversion channels, sedimentation or filtration systems, berms, staked hay bales, seeding, mulching or other special surface treatments as are required to prevent silting and muddying of streams, rivers, impoundments, lakes, etc. All erosion control measures shall be in place in an area prior to any construction activity in that area. D. This Section is intended to ensure that construction is achieved with a minimum of disturbance to the existing ecological balance between a water resource and its surroundings. These are general guidelines. It is the Contractor's responsibility to determine the specific construction techniques to meet these guidelines. E. All phases of sedimentation and erosion control shall comply with and be subject to the approval of the Florida Department of Environmental Protection. Contractor shall prepare sedimentation and erosion control drawings meeting the requirements for approval by that agency. Upon approval, fumish two copies of the approved Drawing to the Engineer. 1.02 APPLICABLE RFEGULATIONS A. Comply with all applicable Federal, State, and local laws and regulations concerning environmental pollution control and abatement. 1.03 NOTIFICATIONS A. The Engineer will notify the Contractor in writing of any non-compliance with the foregoing provisions or of any environmentally objectionable acts and corrective action to be taken. State or local agencies responsible for verification of certain aspects of the environmental protection requirements shall notify the Contractor in writing, through the Engineer, of any non-compliance with State or Local requirements. After receipt of such notice from the Engineer or from the regulatory 01110-1 H\Projects\0741\Bidding Contract Spedfications"Spec Ternplate\2007101110 Environmental Protection Procedures.doc agency through the Engineer, immediately take corrective action. Such notice, when delivered to the Contractor or his authorized representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the Owner may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs or damages by the Contractor unless it is later determined that the Contractor was in compliance. 1.04 IMPLEMENTATION A. Prior to commencement of the work, meet with the Engineer to develop mutual understandings relative to compliance with these provisions and administration of the environmental pollution control program. B. Remove temporary environmental control features, when approved by the Engineer and incorporate permanent control features into the project at the earliest practicable time. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 EROSION CONTROL A. Provide positive means of erosion control such as shallow ditches around construction to carry off surface water. Erosion control measures, such as siltation basins, hay check dams, mulching, jute netting and other equivalent techniques, shall be used as appropriate. Offsite surface water shall be diverted around the site, to a downstream channel ahead of siltation barriers. Flow of surface water into excavated areas shall be prevented. Ditches around construction area shall also be used to carry away water resulting from dewatering of excavated areas. At the completion of the work, ditches shall be backfilled and the ground surface restored to original condition. 3.02 PROTECTION OF STREAMS AND SURFACE WATERS A. Take all precautions to prevent, or reduce to a minimum, any damage to any stream or surface water from pollution by debris, sediment or other material, or from the manipulation of equipment and/or materials in or near such streams. Water that has been used for washing or processing, that contains oils or sediments that will reduce the quality of the water in the stream, shall not be directly retumed to the stream. Divert such waters through a settling basin or filter before being directed into streams or surface waters. B. Do not discharge water from dewatering operations directly into any live or intermittent stream, channel, wetlands, surface water or any storm sewer. Water from dewatering operations shall be treated by filtration, settling basins, or other approved method to reduce the amount of sediment contained in the water to allowable levels. 01110-2 H\Projects1074116idding Contract SpedficafionstSpecTemwlate12007101110 Environmental Protection Procedures.doc C. Take all preventative measures to avoid spillage of petroleum products and other pollutants. In the event of any spillage, prompt remedial action shall be taken in accordance with a contingency action plan approved by the Florida Department of Environmental Protection. Submit two copies of approved contingency plans to the Engineer. D. Water being flushed from structures or pipelines after disinfection, with a Cl2 residue of 2 mg/l or greater shall be treated with a dechlorination solution, in a method approved by the Engineer, prior to discharge. 3.03 PROTECTION OF LAND RESOURCES A. Restore land resources within the project boundaries and outside the limits of permanent work to a condition, after completion of construction that will appear to be natural and not detract from the appearance of the project. B. Outside of areas requiring earthwork for the construction of the new facilities, do not deface, injure, or destroy trees or shrubs, nor remove or cut them without prior approval. No ropes, cables, or guys shall be fastened to or attached to any existing nearby trees for anchorage unless specifically authorized by the Engineer. Where such special emergency use is permitted, first wrap the trunk with a sufficient thickness of burlap or rags over whir h softwood cleats shall be tied before any rope, cable, or wire is placed. The Contractor shall in any event be responsible for any damage resulting from such use. C. Before beginning operations near them, protect trees that may possibly be defaced, bruised, injured, or otherwise damaged by the construction equipment, dumping or other operations, by placing boards, planks, or poles around them. Monuments and markers shall be protected similarly. D. Any trees or other landscape features scarred or damaged by the Contractor's equipment or operations shall be restored as nearly as possible to their original condition. The Engineer will decide the method of restoration to be used and whether damaged trees shall be treated and healed or removed and disposed of. 1. All scars made on trees by equipment, construction operations, or by the removal of limbs larger than 1 -inch in diameter shall be coated as soon as possible with an approved tree wound dressing. All trimming or pruning shalt be performed in an approved manner by experienced workmen with saws or pruning shears. Tree trimming with axes wilt not be permitted. 2. Climbing ropes shall be used where necessary for safety. Trees that are to remain, both within or outside established dearing Limits, that are subsequently damaged by the Contractor and are beyond saving in the opinion of the Engineer, shall be immediately removed and replaced. E. The Contractor's storage and other construction buildings required temporarily for the performance of the work, shall be located at previously cleared portions of the job site or areas which are proposed to be cleared and shall not be within wetlands, stormwater detention areas or floodplains. The preservation of the landscape shall be an imperative consideration in the selection of all sites and in the construction of 01110-3 H1Projects107411Bidding Contract Specifications\SPec Template12007101110 Environmental Protection Pmcedures.doc buildings. Drawings showing storage facilities shall be submitted by the Contractor for approval of the Engineer. F. If the Contractor proposes to construct temporary roads or embankments and excavations for plant and/or work areas, he shall submit the following for approval at least ten days prior to scheduled start of such temporary work. 1. A layout of all temporary roads, excavations, embankments and drainage to be constructed within the work area. 2. Details of temporary road construction. 3. Drawings and cross sections of proposed embankments and their foundations, including a description of proposed materials. 4. A landscaping drawing showing the proposed restoration of the area. Indicate the proposed removal of any trees and shrubs outside the limits of existing clearing area. Indicate locations of guard posts_ or barriers required to control vehicular traffic and protect trees and shrubs to be maintained undamaged. The Drawing shall provide for the obliteration of construction scars as such and shall provide for a natural appearing final condition of the area. Modification of the Contractor's approved drawings shall be made only with the written approval of the Engineer. No unauthorized road construction, excavation or embankment construction including disposal areas will be permitted. G. Remove all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess of waste materials, or any other vestiges of construction as directed by the Engineer. It is anticipated that excavation, filling and plowing of roadways will be required to restore the area to near natural conditions which will permit the growth of vegetation thereon. The disturbed areas shall be prepared and sodded as described in Section 02485, or as approved by the Engineer. H. All debris and excess material will be disposed of outside wetland or floodplain areas in an environmentally sound manner. 3.04 PROTECTION OF AIR QUALITY A. Burning - The use of buming at the project site for the disposal of refuse and debris will not be permitted. B. Dust Control - Maintain all excavations, embankment, stockpiles, access roads, plant sites, waste areas, borrow areas and all other work areas within or without the project boundaries free from dust which could cause the standards for air pollution to be exceeded and which would cause a hazard or nuisance to others. C. An approved method of stabilization consisting of sprinkling or other similar methods will be permitted to control dust. The use of petroleum products is prohibited. The use of chlorides may be permitted with approval from the Engineer. 01110-4 H\Projects\0741\Bidding Contract Specifications1Spec Template12007101110 Environmental Protection Prooedures.doc D. Sprinkling, to be approved, must be repeated at such intervals as to keep all parts of the disturbed area at least damp at all times, and the Contractor shall have sufficient competent equipment on the job to accomplish this. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazard occurs, as determined by the Engineer. 3.05 NOISE CONTROL A. Make every effort to minimize noises caused by the construction operations. Equipment shall be equipped with silencers or mufflers designed to operate with the least possible noise in compliance with Federal and State regulations. 3.06 MAINTENANCE OF POLLUTION CONTROL FACILITIES DURING CONSTRUCTION A. Maintain all facilities constructed for pollution control as long as the operations creating the particular pollutant are being carried out or until the material concerned has become stabilized to the extent that pollution is no longer being created. END OF SECTION 01110-5 H\Projects\0741\Bidding Contract Specifications%Spec Template12007\01110 Environmental Protection Procedures.doc SECTION 01200 PROJECT MEETINGS PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED A. The Engineer shall schedule and administer pre -construction meeting, periodic progress meetings and specially called meetings throughout progress of the work. 1. Prepare agenda for meetings. 2. Make physical arrangements for meetings. 3. Preside at meetings. 4. Record the minutes; include significant proceedings and decisions. 5. Reproduce and distribute copies of minutes within 15 working days after each meeting. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. B. Representatives of Contractors, Subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. Attend meetings to ascertain that work is expedited consistent with Contract Documents and construction schedules. 1.02 RELATED REQUIREMENTS A. Instructions to Bidders are included in Section 00100. B. Construction Schedules are included in Section 01311. C. Shop Drawings, Working Drawings and Samples are included in Section 01300. D. Contract Closeout is included in Section 01700. 1.03 PRE -CONSTRUCTION MEETING A. Schedule a preconstruction meeting no later than 15 days after date of Notice to Proceed. B. Location: A central site, convenient for all parties, designated by the Owner. C. Attendance 1. Owner's Representative. 2. Engineer and his/her professional consultants. 3. Resident Project Representative. 4. Contractor's Superintendent. 5. Major Subcontractors. 6. Major suppliers. 7. Utilities 8. Others as appropriate. 01200-1 H1Projects107411Bidding Contract Specifications1Spec Template120071012001Project Meetings.doc D. Suggested Agenda 1. Distribution and discussion of: a. List of major Subcontractors and suppliers. b. Projected Construction Schedules. 2. Critical work sequencing. 3. Major equipment deliveries and priorities. 4. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests_ c. Submittals. d. Change Orders. e. Applications for Payment. 6. Adequacy of distribution of Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of premises: a. Office, work and storage areas. b. Owner's requirements. 9. Construction facilities, controls and construction aids. 10. Temporary utilities. 11. Housekeeping procedures. 1.04 PROGRESS MEETINGS A. Schedule regular periodic meetings. The progress meetings will be held every 30 days with the first meeting 30 days after the pre -construction meeting or 30 days after the date of Notice to Proceed. B. Hold called meetings as required by progress of the work. C. Location of the meetings: Project field office of Contractor or Engineer. D. Attendance 1. Engineer and his/her professional consultants as needed. 2. Subcontractors as appropriate to the agenda. 3. Suppliers as appropriate to the agenda. 4. Others as appropriate. E. Suggested Agenda 1. Review, approval of minutes of previous meeting. 2. Review of work progress since previous meeting. 3. Field observations, problems and conflicts. 4. Problems which impede Construction Schedule. 5. Review of off-site fabrication, delivery schedules. 6. Corrective measures and procedures to regain projected schedule. 7. Revisions to Construction Schedule. 8. Progress, schedule, during succeeding work period. 9. Coordination of schedules. 10. Review submittal schedules; expedite as required. 01200-2 H\Projects107411sidding Contract Spedfications'Spec Template120071012001Project Meetings.doc 11. Maintenance of quality standards. 12. Pending changes and substitutions. 13. Review proposed changes for. a. Effect on Construction Schedule and on completion date. b. Effect on other contracts of the project. 14. Other business. 15. Construction schedule. 16. Critical/long lead items. F. Attend progress meetings and is to study previous meeting minutes and current agenda items, in order to be prepared to discuss pertinent topics such as deliveries of materials and equipment, progress of the work, etc. Provide a current submittal log at each progress meeting in accordance with Section 01300. 1.05 SPECIAL SHOP DRAWING REVIEW MEETING A. Within twenty one calendar days following the Notice to Proceed (NTP) the Contractor shall schedule a special shop drawing review meeting to facilitate the review of the systems. B. The purpose of this meeting is to expedite the review process so that the Contractor may place orders with his Supplier's as soon as possible. C. At this meeting, the Contractor shall provide the shop drawings for the items and equipment required. The number of shop drawings required shall be as specified in Section 01300. D. The Contractor shall schedule a special shop drawing review meeting every 21 calendar days following the initial meeting until the items and equipment have been approved to a degree acceptable to the Engineer. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01200-3 H\Projects10741\Bidding Contract Specifications1Spec Template20071012001Project Meetings.doc SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.01 DESCRIPTION OF REQUIREMENTS A. This Section specifies the general methods and requirements of submissions applicable to Shop Drawings, Product Data, Samples, Audio -Visual Documentation, and Construction or Submittal Schedules. Additional general submission requirements are contained in Article 6.17 of the General Conditions. Detailed submittal requirements are specified in the technical Sections. B. All submittals shall be clearly identified by reference to Section Number, Paragraph, Drawing Number or Detail as applicable. Submittals shall be clear and legible and of sufficient size for presentation of data. C. The Contractor is to maintain an accurate updated submittal log and will bring this log to each scheduled progress meeting with the Owner and the Engineer. This log should include the following items: 1. Submittal -Description and File number assigned. 2. Date to Engineer. 3. Date returned to Contractor from Engineer. 4. Status of submittal (approved/resubmit/rejected). 5. Date of resubmittal and retum (as applicable). 6. Date material released for fabrication. 7. Projected date of fabrication. 8. Projected date of delivery to site. 9. Status of O&M submittal. 1.02 SHOP DRAWINGS, PRODUCT DATA, SAMPLES A. Shop Drawings 1. Shop drawings as specified in individual Sections include, custom -prepared data such as fabrication and erection/installation (working) drawings, scheduled information, setting diagrams, actual shop work manufacturing instructions, custom templates, special wiring diagrams, coordination drawings, individual system or equipment inspection and test reports including performance curves and certifications, as applicable to the work. 2. All shop drawings submitted by subcontractors shall be sent directly to the Contractor for checking. The Contractor shall be responsible for their submission at the proper time so as to prevent delays in delivery of materials. 3. Check all subcontractors' shop drawings regarding measurements, size of members, materials and details to make sure that they conform to the intent of the Drawings and related Sections. Return shop drawings found to be inaccurate or otherwise in error to the subcontractors for correction before submission thereof. 01300-1 H\Projects1074116idding Contract SpecificationslSpec Template120071013001Submittals.doc 4. All details on shop drawings shall show clearly the relation of the various parts to the main members and lines of the structure and where correct fabrication of the work depends upon field measurements, such measurements shall be made and noted on the drawings before being submitted. B. Product Data 1. Product data as specified in individual Sections include, standard prepared data for manufactured products (sometimes referred to as catalog data), such as the manufacturer's product specification and installation instructions, availability of colors and pattems, manufacturer's printed statements of compliances and applicability, roughing -in diagrams and templates, catalog cuts, product photographs, standard wiring diagrams, printed performance curves and operational -range diagrams, production or quality control inspection and test reports and certifications, mill reports, product operating and maintenance instructions and recommended spare -parts listing and printed product warranties, as applicable to the work. C. Samples 1. Samples specified in individual Sections indude, physical examples of the work such as sections of manufactured or fabricated work, small cuts or containers of materials, complete units of repetitively -used products, color/texture/pattem swatches and range sets, specimens for coordination of visual effect, graphic symbols and units of work to be used by the Engineer or Owner for independent inspection and testing, as applicable to the work. 2. The Contractor shall prepare a transmittal letter in triplicate for each shipment of samples. Contractor shall enclose a copy of this letter with the shipment and send a copy of this letter to the Engineer. Approval of a sample shall be only for the characteristics or use named in such approval and shall not be construed to change or modify any Contract Requirements. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: 1. Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance with related Sections B. Each shop drawing, sample and product data submitted by the Contractor shall have affixed to it the following Certification Statement including the Contractor's Company name and signed by the Contractor. "Certification Statement by this submittal, I hereby represent that I -have determined and verified all field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements." Shop drawings and product data sheets 11 -inch by 17 -inch and smaller shall be bound together in an orderly fashion and bear the above Certification Statement on the cover sheet. The cover sheet shall 01300-2 H1Projects1074118idding Contract Speafications4Spec Templatee20071013001Submittals.doc fully describe the packaged data and include a listing of all items within the package. Provide to the Resident Project Representative a copy of each transmittal sheet for shop drawings, product data and samples at the time of submittal to the Engineer. C. Notify the Engineer in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. D. The review and approval of shop drawings, samples or product data by the Engineer shall not relieve the Contractor from the responsibility for the fulfillment of the terms of the Contract. All risks of error and omission are assumed by the Contractor and the Engineer will have no responsibility therefor. E. No portion of the work requiring a shop drawing, sample, or product data shall be started nor shall any materials be fabricated or installed prior to the approval or qualified approval of such item. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data shall be at the Contractor's risk. The Owner will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. F. Project work, materials, fabrication, and installation shall conform with approved shop drawings, applicable samples, and product data. 1.04 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Each submittal, appropriately coded, will be returned within 30 calendar days following receipt of submittal by the Engineer. C. Number of submittals required: 1. Shop Drawings: Five copies. 2. Product Data: Three copies. 3. Samples: Submit the number stated in the respective Sections. D. Submittals shall contain: 1. The date of submission and the dates of any previous submissions. 2. The Project title and number. 3. Contractor identification. 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the section number, page and paragraph(s). 6. Field dimensions, dearly identified as such. 7. Relation to adjacent or critical features of the work or materials. 8. Applicable standards, such as ASTM or Federal Standards numbers. 9. Identification of deviations from Contract Documents. 01300-3 H\Projects107411Bidding Contract Specifications1Spec Ternplate120071013001Submittals.doc 10. Identification of revisions on resubmittals. 11. A blank space suitably sized for Contractor and Engineer stamps. 12. Where calculations are required to be submitted by the Contractor, the calculations shall have been checked by a qualified individual other than the preparer. The submitted calculations shall clearly show the names of the preparer and of the checker. 1.05 REVIEW OF SHOP DRAWINGS, PRODUCT DATA, WORKING DRAWINGS AND SAMPLES A. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. They shall not be construed: 1. as permitting any departure from the Contract requirements; 2. as relieving the Contractor of responsibility for any errors, including details, dimensions, and materials; 3. as approving departures from details furnished by the Engineer, except as otherwise provided herein. B. The Contractor remains responsible for details and accuracy, for coordinating the work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly, and for performing work in a safe manner. C. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which Engineer finds to be in the interest of the Owner and to be so minor as not to involve a change in Contract Price or Contract Time, the Engineer may retum the reviewed drawings without noting an exception. D. Submittals will be returned to the Contractor under one of the following codes. Code 1 -"APPROVED" is assigned when there are no notations or comments on the submittal. When retumed under this code the Contractor may release the equipment and/or material for manufacture. Code 2 -"APPROVED AS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. Code 3 -"APPROVED AS NOTED/CONFIRM". This combination of codes is assigned when a confirmation of the notations and comments IS required by the Contractor. The Contractor may, at his own risk, release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. This confirmation shall specifically address each omission and nonconforming item that was noted. Confirmation is to be received by the Engineer within 15 calendar days of the date of the Engineer's transmittal requiring the confirmation. Code 4 -"APPROVED AS NOTED/RESUBMIT'. This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. This resubmittal is to address all comments, omissions and non -conforming items that were noted. Resubmittal is to be received by the Engineer within 15 calendar days of the date of the Engineer's transmittal requiring the resubmittal. 01300-4 H\Projects107411Bidding Contract Specifications1Spec Template120071013001Submittals.doc Code 5 -"NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. The Contractor must resubmit the entire package revised to bring the submittal into conformance. It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. Code 6 -"COMMENTS ATTACHED" is assigned where there are comments attached to the retumed submittal which provide additional data to aid the Contractor. Codes 1 through 5 designate the status of the reviewed submittal with Code 6 showing there has been an attachment of additional data. E. Resubmittals will be handled in the same manner as first submittals. On resubmittals the Contractor shall identify all revisions made to the submittals, either in writing on the letter of transmittal or on the shop drawings by use of revision triangles or other similar methods. The resubmittal shall dearly respond to each comment made by the Engineer on the previous submission. Additionally, the Contractor shall direct specific attention to any revisions made other than the corrections requested by the Engineer on previous submissions. F. Partial submittals may not be reviewed. The Engineer will be the only judge as to the completeness of a submittal. Submittals not complete will be retumed to the Contractor and will be considered "Not Approved" until resubmitted. The Engineer may at his option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. G. Repetitive Review 1. Shop Drawings and other submittals will be reviewed no more than twice at the Owner's expense. All subsequent reviews will be performed at times convenient to the Engineer and at the Contractor's expense based on the Engineer's then prevailing rates. The Contractor shall reimburse the Owner for all such fees invoiced to the Owner by the Engineer. Submittals are required until approved, 2. Any need for more than one resubmission, or any other delay in obtaining Engineer's review of submittal will not entitle Contractor to extension of the contract time. H. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, the Contractor shall give written notice (hereof to the Engineer at least 7 working days prior to release for manufacture. 1. When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the Engineer. 01300-5 H1Projects1074116idding Contract SpecificationslSpec Template120071013001Submittals.doc 1.06 DISTRIBUTION A. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the Engineer. Number of copies shall be as directed by the Engineer but shall not exceed six. 1.07 GENERAL PROCEDURES FOR SUBMITTALS A. Coordination of Submittal Times: Prepare and transmit each submittal sufficiently in advance of performing the related work or other applicable activities, or within the time specified in the individual work of other related Sections, so that the installation will not be delayed by processing times including disapproval and resubmittal (if required), coordination with other submittals, testing, purchasing, fabrication, delivery and similar sequenced activities. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 01300-6 H\Projects10741\Bidding Contract SpecificationslSpec Tempiate120071013001Submittais.doc 3 P.E. CERTIFICATION FORM The undersigned hereby certifies that he/she is a professional engineer registered in the State of Florida and that he/she has been employed by to design (Name of Contractor) (Insert P.E. Responsibilities) in accordance with Section for the (Name of Project) The undersigned further certifies that he/she has performed the design of the that said design is in conformance (Name of Project) with all applicable local, state and federal codes, rules, and regulations, and that his/her signature and P.E. stamp have been affixed to all calculations and drawings used in, and resulting from, the design. The undersigned hereby agrees to make all original design drawings and calculations available to the Indian River County Department of Utility Services (Insert Name of Owner) or the Owner's authorized representative within seven days following written request therefor by the Owner. P.E. Name Contractor's Name Signature Signature Address Title Address END OF SECTION 01300-7 H\Projects\0741 \Bidding Contract Specirxations\Spec Template12007101300\Submittals.doc i SECTION 01311 CONSTRUCTION SCHEDULES PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED A. Promptly after award of the Contract, Contractor shall prepare and submit to the Engineer estimated construction progress for the Work, with sub -schedules of related activities which are essential to its progress. B. Coordinate the work and scheduling with and around other Contractors and individual trades performing work on the Project. C. Submit revised progress schedules with each application for payment. D. Progress Schedule shall become part of Contract Documents after approval by Engineer. 1.02 RELATED REQUIREMENTS A. In other parts of the Contract Documents: 1. General Conditions: a. Articles 2 and 6 — Schedules, Reports, and Records b. Sections 6.01 and 6.02 — Supervision by Contractor c. Article 15 — Supervision of Work, Termination, and Delay B. Specified in other sections: 1. Summary of Work is induded in Section 01010. 2. Submittals is induded in Section 01300. 1.03 FORM OF SCHEDULES A. Prepare schedules in the form of a horizontal bar chart as follows: 1. Provide separate horizontal bar for each trade or operation 2. Horizontal time scale: Identify the first work day of each week. 3. Scale and spacing: To allow space for notations and future revisions. 4. Minimum sheet size: 24 inch by 36 inch B. Format of listings: The chronological order of the start of each item of work. C. Identification of listings: By major specification section numbers. 1.04 CONTENT OF SCHEDULES . A. Construction Progress Schedule shall: 1. Show the complete sequence of construction by activity. 2. Show the dates for the beginning and completion of each major element of construction; specifically list (at a minimum): a. Subcontractor work 01311-1 H\Projec ts107411Bidding Contract Specific ationssSpec Template120071013111Construction Schedules.doc b. Utility Construction c. Restoration 3. Show projected percentage of completion for each item, as of the first day of each month. 4_ Show projected dollar cash flow requirements for each month of construction. 1.05 PROGRESS REVISIONS A. Indicate progress of each activity to date of submission B. Show changes occurring since previous submission of Schedule: 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended, and its effect. 3. The effect of changes on schedules of other prime Contractors. 1.06 SUBMISSIONS A_ Submit initial schedules within ten (10) days after award of Contract; Engineer will review schedules for information only. B. Submit revised progress schedules with each application for payment or monthly, whichever is the shortest period. C. Submit the number of opaque reproductions which the Contractor requires, plus five (5) additional copies; one for Owner and one for Engineer. 1.07 DISTRIBUTION A. Distribute copies of approved schedules to: 1. Engineer 2. ,Job site file 3. Subcontractors 4. Other concerned parties 5. Owner (two copies) B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedule. PART 2 - PRODUCTS Not Applicable 01311-2 H\Projects10741 \Bidding Contract spec fications\Spec Ternplate12007101311 \Construction Schedules.doc i PART 3 - EXECUTION 3.01 RESPONSIBILITY FOR SCHEDULE COMPLIANCE A. The Contractor agrees that whenever it becomes apparent from the current monthly schedule that delays to the critical path have resulted, and hence, that the contract completion date will not be met or when so directed by the Engineer, he will take some or all of the following actions at no additional cost to the Owner, submitting to the Engineer for approval, a written statement of the steps he intends to take to remove or arrest the delay to the critical path in the approved schedule. 1 Increased construction manpower in such quantities and crafts as will substantially eliminate, in the judgment of the Engineer, the backlog of Work. 2. Increase the number of working hours per shift, shifts per working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate, in the judgment of the Engineer, the backlog of work. 3. Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule. 4. Costs incurred by the Owner arising from such lengthening of hours, induding furnishing of Inspectors, shall be the Contractor's responsibility and shall be deducted from monies due him. Failure of the Contractor to comply with the requirements of the Engineer may be grounds for determination by the Owner that the Contractor is not proceeding at such rates as will insure completion within the specified time and may result in the termination of the right of the Contractor to continue the Work. 3.02 ADJUSTMENT OF CONTRACT SCHEDULE AND COMPLETION TIME A. If the Contractor desires to make changes in his method of operating which affect the approved schedule, he shall notify the Engineer in writing stating what changes are proposed and the reason for the change. If the Engineer approves these changes, the Contractor shall revise and submit for approval, without additional cost to the Owner, all of the affected portion of the schedule. The schedule shall be adjusted by the Contractor only after prior approval of his proposed changes by the Engineer. B. Adjustments may consist of changing portions of the activity sequence and/or activity durations, division of approved activities, or other adjustments as may be approved by the Engineer. The addition of extraneous, non -working activities and/or activities which add unapproved restraints to the schedule shall not be approved. C. If the completion of any activity, whether or not critical, falls more than 100 percent behind its approved duration, the Contractor shall submit for approval a schedule adjustment showing each such activity divided into two activities reflecting completed versus uncompleted work. 01311-3 H1Projects\0741\Biddiing Contract SpeafcationslSpecTemplate12007101311\Construction Schedules.doc D. Shop drawings which are not approved on the first submittal or within the scheduled time shall be immediately rescheduled, as well as pipelines and tanks which do not pass leak tests. E. The contract completion time will be adjusted only for causes specified in this contract. In the event the Contractor requests an extension of any contract completion date, he shall fumish such justification and supporting evidence as the Engineer may deem necessary for determination as to whether the Contractor is entitled to an extension of time under the provisions of the contract. Engineer will, after receipt of such justification and supporting evidence make findings of fact and will advise the Contractor in writing thereof. If the Engineer finds that the Contractor is entitled to any extension of any contract completion date under the provisions of this contract, the Engineer's determination as to the total number of days of extension shall be based upon the currently approved schedule and on all data relevant to the extension. Such data shall be included in the next monthly updating of the schedule. The Contractor acknowledges and agrees that actual delays in activities which, according to the schedule, do not affect any contract completion date shown by the critical path in the schedule do not have any affect on the contract completion date or dates, and therefore, will not be the basis for a change therein. F. From time to time it may be necessary for the contract schedule and/or completion time to be adjusted by the Engineer to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the Owner or his representatives, and other unforeseeable conditions which may indicate schedule adjustments and/or completion time extension. Under such conditions, the Contractor shall reschedule the work and/or contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. No additional compensation shall be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of all unaffected work in the contract, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the Owner. It is specifically pointed out that the use of available float time in the schedule may be used by the Owner as defined by the Engineer, as well as by the Contractor. Float time is defined as the amount of time between the early start date, and the late start date, or the early finish date and the late finish date, of any of the activities in the schedule. G. The Owner controls the float time in the approved schedule and , therefore, without obligation to extend either the overall completion date or any intermediate completion dates set out in the schedule, the Owner may initiate changes to the contract work that absorb float time only. Owner -initiated changes that affect the critical path on the approved schedule shall be the sole grounds for extending (or contracting) said completion dates. Contractor -initiated changes that encroach on the float time identified. in the approved schedule may be accomplished with the Owner's concurrence. Such changes, however, shall give way to Owner -initiated changes competing for the same float time. 01311-4 H\Projects10741\Bidding Contract Specifications1Spec Template12007101311‘Construction Schedules_doc 3.03 COORDINATING SCHEDULES WITH OTHER CONTRACT SCHEDULES A. Where work is to be performed under this contract concurrently with and/or contingent upon work performed on the same facilities or area under other contracts, the Contractor's schedule shall be coordinated with the schedules of the other contracts. The Contractor shall obtain the schedules of the other appropriate contracts from the Engineer and/or Owner for the preparation and updating of his schedule and shall make the required changes in his schedule when indicated by changes in corresponding schedules. END OF SECTION 01311-5 H\Projects\0741 \Bidding Contract Specifications\Spec Template\2007\01311\Construction Schedules.doc SECTION 01370 SCHEDULE OF VALUES PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit a Schedule of Values allocated to the various portions of the work, within twenty-one (21) days after the effective date of the Agreement. B. Upon request of the Engineer, support the values with data which will substantiate their correctness. C. The accepted Schedule of Values shall be used only as the basis for the Contractor's Applications for Payment. 1.02 RELATED REQUIREMENTS A. Standard General Conditions of the Construction Contract are included in Section 00700. B. Application for Payment is included in Section 01052. 1.03 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on an 8'/2 -inch by 11 -inch or 81/: -inch by 14 -inch white paper fumished by the Owner, Contractor's standard forms and automated printout will be considered for approval by the Engineer upon Contractors request. Identify schedule with: 1. Title of Project and location. 2. Engineer and Project number. 3. Name and Address of Contractor. 4. Contract designation. 5. Date of submission. B_ Schedule shall list the installed value of the component parts of the work in sufficient detail to serve as a basis for computing values for progress payments during construction. r C. Identify each line item with the number and title of the respective Section. D. For each major line item list sub -values of major products or operations under the item. E. For the various portions of the work: 1. Each item shall include a directly proportional amount of the Contractor's overhead and profit. 01370-1 H\Projects\0741\Bidding Contract SpecificationslSpec Templatet2007V013701Schedule of Values.doc 1.04 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. Paid invoices are required for materials upon request by the Engineer. b. The total installed value. F. The sum of all values listed in the schedule shall equal the total Contract Sum. SUB -SCHEDULE OF UNIT MATERIAL VALUES A. Submit a sub -schedule of unit costs and quantities for: 1. Products on which progress payments will be requested for stored products. B. The form of submittal shall parallel that of the Schedule of Values, with each item identified the same as the line item in the Schedule of Values. C. The unit quantity for bulk materials shall include an allowance for normal waste. D. The unit values for the materials shall be broken down into: 1. Cost of the material, delivered and unloaded at the site, with taxes paid. 2. Copies of invoices for component material shall be included with the payment request in which the material first appears. 3. Paid invoices shall be provided with the second payment request in which the material appears or no payment shall be allowed and/or may be deleted from the request. E. The installed unit value multiplied by the quantity listed shall equal the cost of that item in the Schedule of Values. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01370-2 H \Projects \0741 \Bidding Contract Speafcations1Spec Template\20071013701Schedule of Values.doc SECTION 01381 AUDIO-VISUAL DOCUMENTATION PART 1 — GENERAL 1.01 SCOPE OF WORK Prior to commencing of the Work, the Contractor shall have a continuous color audio -video tape recording taken along the entire length of the project to serve as a record of preconstruction conditions. The preconstruction swale elevations shall be recorded at 100' intervals. 1.02 RELATED WORK A. Summary of Work is included in Section 01010. B. Contract Closeout is included in Section 01700. 1.03 APPROVAL No construction shall begin prior to review and acceptance of the tapes covering the construction area by the Engineer. The Engineer shall have the authority to reject all or any portion of a videotape not conforming to specifications and order that it be redone at no additional charge. The Contractor shall reschedule unacceptable coverage within five (5) days after being notified. The Engineer shall designate those areas, if any, to be omitted from or added to the audio -video coverage. Tape recordings shall not be made more than thirty (30) days prior to beginning of construction of any area. All tapes and written records shall become the property of the Owner. The tapes shall be delivered to the Owner as soon as possible after recording. 1.04 QUALITY ASSURANCE The Contractor shall engage the services of a professional electrographer. The color audio - video tapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio -video tape documentation. PART 2 — PRODUCTS 2.01 GENERAL All equipment, accessories, materials, and labor to perform this service shall be furnished by the Contractor. 2.02 QUALITY The total audio -video system shall reproduce bright, sharp, clear pictures with accurate colors and shall have minimal distortion, tearing, rolls, or other imperfections. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume and clarity and be free from distortion and interruptions. 01381-1 H1Proiects107411Bidding Contract SpecificationslSpec Template12007V013811Audio-Visual Documentation.doc 2.03 CAMERA The color video camera used in the recording system shall have a horizontal resolution of 300 lines at center, a luminance signal-to-noise ratio of 45dB, and a minimum illumination requirement of 25 foot candles. 2.04 TAPES Audio -video shall be new. Reprocessed tapes will not be acceptable. The tapes shall be one-half inch, high energy, extended still frame capable videocassette, shall be interchangeable with the color videocassette player, and shall be compatible for playback with the player -receiver. PART 3 — EXECUTION 3.01 VIDEOTAPING PROCEDURES A. Each tape shall begin with the current date, project name, and municipality, and be followed by the general location; i.e., name of street, house address, viewing side, and direction of progress. The audio track shall consist of an original live recording. The recording shall contain the narrative commentary. B. All video recordings must, by electronic means, display continuously and simultaneously generate, with the actual taping, transparent digital information to include the date and time of recording, and station numbers, if shown on the Drawings. The date information shall contain the month, day, and year. The time information shall contain the hour, minute, and second. Additional information shall be displayed periodically. Such information shall include, but not be limited to, project name, contract number, name of street, house address, direction of travel, and the viewing side. The transparent information shall appear on the screen. C. All taping shall be done during times of good visibility. No taping shall be done during precipitation, mist, or fog.. The recording shall be done only when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects. D. The rate of speed in the general direction of travel of the vehicle used during taping shall not exceed 44 feet per minute. Panning, zoom -in, and zoom -out rates shall be sufficiently controNed to maintain a clear view of the object. E. Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio coverage. Such coverage shall indude, but not be limited to, existing driveways, sidewalks, curbs, pavements, ditches, mailboxes, landscaping, culverts, fences, signs, and headwalls within the area covered. F. When conventional wheeled vehicles are used, the distance from the camera lens to the ground shall not be more than twelve (12) feet. In some instances, audio -video tape coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking or special conveyance approved by the Engineer. "*END OF SECTION** 01381-2 H\Projecte.07411Bidding Contract SpecificationstSPec Template120071013811Audio-Visual Documentation.doc SECTION 01410 TESTING LABORATORY SERVICES PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor will employ and pay for the services of an independent testing laboratory to perform certain specified testing. All testing described in the contract Documents shall be paid for by the Contractor. This requirement takes precedence over any other specification that may indicate that the testing fees (including collection, shipping and laboratory fees) be paid for by the Owner or any other party other than the Contractor. 1. Contractor shall cooperate with the laboratory to facilitate the execution of its required services. 2. Employment of the laboratory shall in no way relieve Contractor's obligations to perform the work of the Contract. B. Selection of testing laboratory shall be approved by Engineer and Owner. 1.02 RELATED REQUIREMENTS A. General Conditions of the contract: Inspections and testing required by laws, ordinances, rules, regulations, orders or approvals of public authorities. B. Respective sections of specifications: Certification of Products. C. Each specification section listed: Laboratory tests required and standards for testing. D. Testing Laboratory inspection, sampling and testing is required for but not limited to the following: 1. Trenchless Installation of Water Mains is included in Section 02320 2. Testing and Inspection of Water Mains is included in Section 02660 1.03 QUALIFICATION OF LABORATORY A. Meet "Recommended Requirements for Independent Laboratory Qualification," published by American Council of Independent Laboratories. B. Meet basic requirements of ASTM E329, "Standards of Recommended Practice for Inspection and Testing Agencies for Concrete and Steel as Used in Construction." C. Authorized to operate in the State in which the Project is located. 01410-1 H\Projects\0741\Bidding Contract Specirications1Spec Template12007\01410\Testing Laboratory Services.doc D. Submit copy of report of inspection of facilities made by Materials Reference Laboratory of National Bureau of Standards during the most recent tour of Inspection, with memorandum of remedies of any deficiencies reported by the inspection. E. Testing Equipment: 1. Calibrated at reasonable intervals by devices of accuracy traceable to either: a. National Bureau of Standards b. Accepted values of national physical constants. 1.04 LABORATORY DUTIES A. Cooperate with Engineer and Contractor; provide qualified personnel after due notice. B. Perform specified inspections, sampling, and testing of materials and methods of construction: 1. Comply with specked standards 2. Ascertain compliance of materials with requirements of Contract Documents. C. Promptly notify Engineer and Contractor of observed irregularities or deficiencies of work or products. D. Promptly submit written report of each test and inspection; one copy each to Engineer, Owner, and Contractor, and one copy to Record Documents File. Each report shall include: 1. Date issued 2. Project title and number 3. Testing laboratory name, address, and telephone number 4. Name and signature of laboratory inspector 5. Date and time of sampling or inspection 6. Record of temperature and weather conditions 7. Date of test 8. Identification of product and specification section 9. Location of sample or test in the Project 10. Type of inspection or test 11. Results of tests and compliance with Contract Documents 12. Interpretation of test results, when requested by Engineer E. Perform additional tests as required by Engineer or the Owner 1.05 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory is not authorized to: 1. Release, revoke, alter, or enlarge on requirements of Contract Documents 2. Approve or accept any portion of the work 3. Perform any duties of the Contractor 01410-2 H\Projects\074116iddthg Contract Spedfications\Spec Template\20071,01410\Testing Laboratory Services.doc 1.06 CONTRACTOR'S RESPONSIBILITIES A. Employ and pay for the services of an independent testing laboratory. B. Cooperate with laboratory personnel, and provide access to work and to manufacturer's facilities. C. Secure and deliver to the laboratory adequate quantities of representational samples of materials proposed to be used and which require testing. D. Provide to the laboratory the preliminary design mix proposed to be used for concrete, and other material mixes which require control by the testing laboratory. E. Materials and equipment used in the performance of work under this Contract are subject to inspection and testing at the point of manufacture or fabrication. Standard specifications for quality and workmanship are indicated in the Contract Documents. The Engineer may require the Contractor to provide statements or certificates from the manufacturers and fabricators that the materials and equipment provided by them are manufactured or fabricated in full accordance with the standard specifications for quality and workmanship indicated in the Contract Documents. All costs of this testing and providing statements and certificates shall be a subsidiary obligation of the Contractor, and no extra charge to the Owner shall be allowed on account of such testing and certification. F. Fumish incidental labor and facilities: 1. To provide access to work to be tested 2. To obtain and handle samples at the project site or at the source of the product to be tested 3. To facilitate inspections and tests 4. For storage and curing of test samples G. Notify laboratory, in advance of operations to allow for laboratory assignments of personnel and scheduling of tests. H_ If the tests and any subsequent retests indicate the materials and equipment fail to meet the requirements of the Contract Documents, the Contractor shall pay for the laboratory costs directly to the testing firm, and these costs will not be reimbursable to the Contractor. PART 2 — PRODUCTS Not applicable. PART 3 — EXECUTION Not applicable. END OF SECTION 01410-3 H\Projects10741\Bidding Contract SpecificationslSPec Template12007101410\Testing Laboratory Services.doc SECTION 01445 PIPELINE TESTING AND CLEANING PART 1 — GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals required and test and dean all new pipelines installed under this Contract as specified herein, including chlorination of all potable water lines. 1.02 RELATED WORK A. Ductile Iron Pipe and Fittings is induded in Section 02623. C. Polyvinyl Chloride (PVC) Pipe is included in Section 02625. D. High Density Polyethylene (HDPE) Pipe and Fittings is included in Section 02627. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION 3.01 GENERAL A. Fumish all necessary equipment and labor for cleaning, testing and chlorinating the pipelines. The procedures and methods shall be approved by the Engineer. B. Make any taps and fumish all necessary caps, plugs, etc, as required in conjunction with testing pipelines. Fumish a test pump, gauges and any other equipment required in conjunction with carrying out the hydrostatic tests. 3.02 CLEANING PIPELINES A. As pipe laying progresses and at the conclusion of the work thoroughly dean all new pipelines by flushing with water or other means to remove all dirt, stones, pieces of wood dr other material which may have entered during the construction period. If, after this deaning, obstructions remain, they shall be removed. 3.03 TESTING PRESSURE PIPELINES A. All pressure pipelines shall be pressure and leakage tested. Pipelines shall be subjected to a hydrostatic pressure of 50 percent above the normal operating pressure and this pressure maintained for at least 10 minutes. The leakage test shall be conducted at the maximum operating pressure as determined by the Engineer, and this pressure shall be maintained for at least two hours. The test pump and water supply shall be arranged to allow accurate measurement of the water required to maintain the test pressure. Where applicable, hydrant branch gate valves shall 01445-1 H \Projects \07411Bidding Contract SpecificationVapec Template\2007$01445 Piperme\Testing and Cleaning.doc remain open during this test. The amount of leakage which will be permitted shall be in accordance with AWWA C600. 3.04 CHLORINATION OF PIPELINES A. Before being placed in service, all new potable water pipelines (including plant water) shall be chlorinated using the continuous feed method specified in AWWA C651. The procedure shall be approved by the Engineer in advance. B. The location of the chlorination and sampling points will be determined by the Engineer in the field. Taps for chlorination and sampling shall be installed. Uncover and backfill the taps as required. C. The general procedure for chlorination shall be first to flush all dirty or discolored water from the lines and then introduce chlorine in approved dosages through a tap at one end, while water is being withdrawn at the other end of the line. The chlorine solution shall remain in the pipeline for 24 hours. D. Following the chlorination period, all treated water shall be flushed from the lines at their extremities and replaced with potable water. All treated water flushed from the lines shall be disposed of by discharging to the nearest sanitary sewer or by other approved means. No discharge to any storm sewer or natural water course will be allowed. Bacteriological sampling and analysis of the replacement water may then be made by the Engineer in full accordance with AWWA C651. Rechiorinate, if necessary and the line shall not be placed in service until the requirements of the State Public Health Department are met. E. Special disinfecting procedures shall be used in connections to existing pipelines and where the method outlined above is not practical. END OF SECTION 01445-2 H\Projects1O7411Bidding Contract Specifications\Spec Template12007101445 Pipeline\Testing and Cleaning.doc SECTION 01600 DELIVERY, STORAGE AND HANDLING PART 1 — GENERAL 1.01 SCOPE OF WORK A. This Section specifies the general requirements for the delivery handling, storage and protection for all items required in the construction of the work. Specific requirements, if any, are specified with the related item. 1.02 TRANSPORTATION AND DELIVERY A. Transport and handle items in accordance with manufacturer's instructions. B. Schedule delivery to reduce long term on-site storage prior to installation and/or operation. Under no circumstances shall equipment be delivered to the site more than one month prior to installation without written authorization from the Engineer. C. Coordinate delivery with installation to ensure minimum holding time for items that are hazardous, flammable, easily damaged or sensitive to deterioration. D. Deliver products to the site in manufacturer's original sealed containers or other packing systems, complete with instructions for handling, storing, unpacking, protecting and installing. E. All items delivered to the site shall be unloaded and placed in a manner which will not hamper the Contractor's normal construction operation or those of Subcontractors and other Contractors and will not interfere with the flow of necessary traffic. F. Provide necessary equipment and personnel to unload all items delivered to the site. G. Promptly inspect shipment to assure that products comply with requirements, quantities are correct and items are undamaged. For items fumished by others (i.e. Owner, other Contractors), perform inspection in the presence of the Engineer. Notify Engineer verbally, and in writing, of any problems. 1.03 STORAGE AND PROTECTION A. Store and protect products in accordance with the manufacturer's instructions, with seals and labels intact and legible. Storage instruction shall be studied by the Contractor and reviewed with the Engineer by him/her. Instruction shall be carefully followed and a written record of this kept by the Contractor. Arrange storage to permit access for inspection. B. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent mixing with foreign matter. END OF SECTION 01600-1 HVrojects107411Bidding Contract Spectficatioes1Speo Template20071016001Delivery and Storage.doc SECTION 01630 SUBSTITUTIONS AND PRODUCT OPTIONS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Fumish and install products specified, under options and conditions for substitutions stated in this Section. B. Whenever a product, material or item of equipment is specified or described by using the name of a proprietary product or the name of a particular manufacturer or vendor, followed by the phase "or equal," the specific item mentioned shall be the basis upon which bids are to be prepared, and shall be understood as establishing the type, function, dimension, appearance and quality desired_ Other manufacturer's or vendor's products not named will be considered as substitutions, provided the required information is submitted in the manner set forth in this section and provided the substitution will not require substantial revision to the Contract Documents. 1.02 RELATED WORK A. Bid Form is included in Section 00300_ B. Change Order Procedures are induded in Section 01035. C. Delivery Storage and Handling is included in Section 01600 D. Substitutions are included in Section 01630. 1.03 SUBMITTAL OF LIST OF PROPOSED SUBSTITUTIONS A. Bidders shall submit their list of proposed substitutions and the proposed monetary changes associated therewith to the Owner on the standard form provided together with their bids. 1.04 CONTRACTOR'S OPTIONS A. For Prdducts specified only by reference standard, select product meeting that standard, by any manufacturer. B. For Products specified by naming several products or manufacturers, select any one of products and manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equal," submit a request as for substitutions, for any product or manufacturer which is not specifically named. 01630-1 H\Projects10741\Bidding Contract Specifications\Spec Template2007101630\.Substitutions and Product Options.doc D. For products specified by naming only one product and manufacturer, there is no option and no substitution will be allowed. 1.05 SUBSTITUTIONS A. In order for substitutions to be considered, the Contractor shall submit, within 30 days of issuance of Notice of Award, complete data as set forth herein to permit complete analysis of all proposed substitutions noted on his substitutions list. No substitution shall be considered unless the Contractor provides the required data in accordance with the requirements of this Section within the 30 day period. B. Submit separate request for each substitution. Support each request with: 1. Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, induding manufacturer's name and address. b. manufacturer's literature; identify: 1) Product description. 2) Reference standards. 3) Performance and test data. 4) Operation and maintenance data. c. Samples, as applicable. d. Name and address of similar projects on which product has been used, and date of each installation. 2. Itemized comparison of the proposed substitution with product specified; List significant variations. Substitution shall not change design intent and shall perform equal to that specified. 3. Data relating to impact on construction schedule occasioned by the proposed substitution. 4. Any effect of substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. a. Amount of any net change to Contract Sum. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, sources of replacement materials. C. Substitutions will not be considered for acceptance when: 1. They are indicated or implied on shop drawings or product data submittals Without a formal request from Contractor. 2. They are requested directly by a Subcontractor or supplier. 3. Acceptance will require substantial revision of Contract Documents. D. Requests for substitutions submitted after Notice of Award will not be considered unless evidence is submitted to the Engineer that all of the following circumstances exist: 01630-2 H1Projec s%07411Bidding Contract Specificadons1Spec Template120071016301Substidtions and Product Options.doc 1. The specified product is unavailable for reasons beyond the control of the Contractor. Such reasons shall consist of strikes, bankruptcy, discontinuance of manufacturer, or acts of God. 2. The Contractor placed, or attempted to place, orders for the specified products. within 10 days after Notice of Award. 3. Request for substitution is made in writing to the Engineer within 10 days of the date on which the Contractor ascertains that he cannot obtain the item specified. 4. Complete data as set forth herein to permit complete analysis of the proposed substitution is submitted with the request. E. The Engineer's decision regarding evaluation of substitutions shall be considered final and binding. Requests for time extensions and additional costs based on submission of, acceptance of, or rejection of substitutions will not be allowed. All approved substitutions will be incorporated into the Agreement by Change Order. 1.06 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution, Contractor represents that: 1. He has investigated proposed product and has determined that it is equal to or superior in all respects to that specified. 2. He will provide same warranties or bonds for substitution as for product specified. 3. He will coordinate installation of accepted substitution into the Work, and will make such changes as may be required for the Work to be complete in all respects. 4. He waives daims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under his Contract, but not: a. Costs under separate contracts. b. Engineer's costs for redesign or revision of Contract Documents. 1.07 ENGINEER DUTIES A. Review Contractor's requests for substitutions with reasonable promptness. B. Notify Contractor, in writing, of decision to accept or reject requested substitution. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01630-3 H\Projects1074116idding Contract Specifications1Spec Template12007101630\,Substitutions and Product Options.doc SECTION 01700 CONTRACT CLOSEOUT PART 1 — GENERAL 1.01 SCOPE OF WORK A. This Section specifies administrative and procedural requirements for project closeout, including but not limited to: 1. Closeout procedures. 2. Final cleaning. 3. Adjusting. 4. Project Record documents. 5. Spare parts and maintenance materials. 1.02 RELATED WORK A. Warranties and Bonds are included in Section 01740. 1.03 RECORD DOCUMENTS A. Maintain on site, one set of the following documents; actual revisions to the work shall be recorded in these documents: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and.other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. 01700-1 H1Projects1074118idding Contract SpeccificationsISpec Template12007101700VContract Closeout.doc E. Contract Drawings and Shop Drawings: Legibly mark each item to record actual constriction including: 1. Measured depths of foundations in relation to finish floor elevation datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the work. 4. Field changes of dimension and detail. 5. Details not on original Contract Drawings. F. Submit documents to Engineer with Application for Final Payment. 1.04 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, work has been inspected and that work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Provide submittals to Engineer that are required by goveming or other authorities. C. Submit Application for Final Payment identifying total adjusted Contract Sum, previous payments and sum remaining due. END OF SECTION 01700-2 H1Projects\0741\Bidding Contract Spe ific ations1Sfec Template\20OT017000Contract Closeout.doc SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Maintain at the site for the Owner one record copy of: 1. Drawings 2. Specifications 3. Addenda 4. Change Orders and other Modifications to the Contract 5. Engineer's Field Orders or written instructions 6. Approved Shop Drawings, Working Drawings and Samples 7. Field Test records 8. Construction photographs 9. Field engineering records for compliance with field engineering submittals 1.02 RELATED REQUIREMENTS A. Section 01050: Field Engineering B. Section 01300: Submittals C. Section 01381: Audio -Visual Documentation D. Section 01052: Application for Payment 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples in Contractor's field office apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide locked cabinet or secure storage space for storage of samples. B. File documents and samples in accordance with CSI/CSC format. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by the Engineer. E. As a prerequisite for monthly progress payments, the Contractor is to exhibit the currently updated "record documents" for review by the Engineer and Owner. 01720-1 HNProjectsO07411Bidding Contract Specifications%Spec Template120071017201Record Drawings.doc 1.04 MARKING DEVICES A. Provide felt tip marking pens for recording information in the color code designated by the Engineer. 1.05 RECORDING A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. 1. Do not conceal any work until required information is recorded. C. Drawings: legibly mark to record actual construction. 1. Depths of various elements of foundation in relation to finish first floor datum. 2. All underground piping with elevations and dimensions, changes to piping location, horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements, and actual installed pipe material, class, etc. 3. Location of intemal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 4. Field changes of dimension and detail. 5. Changes made by Field Order or by Change Order. 6. Details not on original contract drawings. 7. Equipment and piping relocations. 8. Major architectural and structural changes including relocation of doors, windows, etc. 9. Architectural schedule changes according to Contractor's records and shop drawings. 10. Bronze tablet plaque revisions according to actual installation. 11. One set of record shop drawings for each process equipment, piping, (including casings) electrical system and instrumentation system. D. Specifications and Addenda; legibly mark each Section to record. 1. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed. 2. Changes made by Field Order or by Change Order. E. Shop drawings (after final review and approval). F. Certified site survey, below ground piping survey, and line elevations and stationing at 100 foot increments per Section 01050 by a registered land surveyor. 1.06 SUBMITTAL A. At contract close-out, deliver record documents listed in paragraph 1.01A to the Engineer for the Owner. The required field engineering submittals certified by a registered land surveyor are listed in Section 01050. 01720-2 ts\Projects107411Bidding Contract Spec if cations1Spec Template12007VD17201Record Drawings.doc i B. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each record document 5. Signature of Contractor or his authorized representative PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED END OF SECTION 01720-3 H1Projects107411sidding Contract Specifications\Spec Template12007101720U2ecord Drawings.doc SECTION 01740 WARRANTIES AND BONDS PART 1 — GENERAL 1.01 SCOPE OF WORK A. This Section specifies general administrative and procedural requirements for warranties and bonds required by the Contract Documents, including manufacturer's standard warranties on products and special warranties. 1.02 RELATED WORK A. Refer to Conditions of Contract for the general requirements relating to warranties and bonds. B. General closeout requirements are included in Section 01700 Contract Closeout. C. Specific requirements for warranties for the work and products and installations that are specified to be warranted are included in the individual Sections of Division 2. 1.03 SUBMITTALS A. Submit written warranties to the Owner prior to the date fixed by the Engineer for Substantial Completion. If the Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the work, or a designated portion of the work, submit written warranties upon request of the Owner. B. When a designated portion of the work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Owner within 15 days of completion of that designated portion of the Work. C. When a special warranty is required to be executed by the Contractor or the Contractor and a Subcontractor, supplier or manufacturer, prepare a written documernt that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner for approval prior to final execution. D. Refer to individual Sections of Divisions 2 for specific content requirements, and particular requirements for submittal of special warranties. E. At Final Completion compile two copies of each required warranty and bond properly executed by the Contractor, or by the Contractor, Subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. 01740-1 H\Projects107411Bidding Contract SpecificationsWpec Template12007K017401War ares and Bonds.doc F. Bind warranties and bonds in heavy-duty, commercial quality, durable 3 -ring vinyl covered loose-leaf binders, thickness as necessary to accommodate contents and sized to receive 8 -112 -inch by 11 -inch paper. G. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the Section in which specified and the name of the product or work item. H. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address and telephone number of the installer, supplier and manufacturer. I. Identify each binder on the front and the spine with the typed or printed title 'WARRANTIES AND BONDS", the project title or name and the name, address and telephone number of the Contractor. J. When operating and maintenance manuals are required for warranted construction, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. K. Schedule of Special Warranties, if applicable. 1.04 WARRANTY REQUIREMENT A. Related Damages and Losses: When correcting warranted work that has failed, remove and replace other work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted work. B. Reinstatement of Warranty. When work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost Upon determination that work covered by a warranty has failed, replace or rebuild the work to an acceptable condition complying with requirements of Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective work regardless of whether the Owner has benefited from use of the work through a portion of its anticipated useful service life. D. Owner's Recourse: Written warranties made to the Owner are in addition to implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other duties, obligations, rights, or remedies. 01740-2 H\Projects107411Bidding Contract spedfications peCTemplaba120D7O1740Warranbs and Bonds.doc E. Rejection of Warranties: The Owner reserves the right to reject warranties and to limit selections to products with warranties not in conflict with requirements of the contract Documents. F. Disclaimers and Limitations: Manufacturer's_ disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the work that incorporates the products, nor does it relieve suppliers, manufacturers and Subcontractors required to countersign special warranties with the Contractor. 1.05 MANUFACTURERS CERTIFICATIONS A. Where required, the Contractor shall supply evidence, satisfactory to the Engineer, that the Contractor can obtain manufacturers' certifications as to the Contractor's installation of equipment. 1.06 DEFINITIONS A. Standard Product Warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the Owner. B. Special Warranties are written warranties required by or incorporated in the Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for the Owner. PART 2 — PRODUCTS (NOT USED) PART 3 — EXECUTION (NOT USED) END OF SECTION 01740-3 H\Projects107411Bidding Contract SpecificationsSSpec Template120071017401Warranties and Bonds.doc DIVISION 2 SITE WORK Section 02000 WATER AND WASTEWATER UTILITY STANDARDS PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED A. Obtain a copy of utility standards and keep at job site, bearing the title "I.R.C.D.U.S. Water and Wastewater Utility Standards", October 2006 or latest version — herein after called "Reference Specifications" B. Installation of all water and wastewater utility facilities/infrastructure shall be in accordance with the reference standards, drawings and other specifications in "Division 2 — Site Work. 1.02 RELATED REQUIREMENTS A. In other parts of the contract documents; contractor is required to obtain a copy of the reference specifications, and during construction, comply with the reference specifications. 1. Section 00020 Advertisement for Bids 2. Section 00100 Instruction to Bidders 3. Section 00300 Bid Form B. Specified in other sections: 1. Section 00530 EJCDC — Agreement between owner and contractor; article 8. Contract documents; paragraph 8.6 2. Section 00800 Supplementary conditions; paragraph SC — 3.03.B.2 Coordination of plans, specifications and special provisions. 02000-1 H\Projects10741\Bidding Contract Specifications\Spec Template\2007\02000\Utility Standards.doc i PART 2- 2.01 PRODUCTS All materials, equipment (products) used in the installation of the work shall be in accordance with the reference specifications, and in accordance with specifications found in other parts of the contract documents, including: A. Drawings B. Other sections of "Division 2 — Site Work" Section 02115 Section 02401 Section 02485 Section 02576 Replacement PART 3 - EXECUTION - Tree Protection and Trimming — Dewatering — Grassing — Pavement, Sidewalk, and Driveway 3.01 All installation methods & handling of material ( the execution of the work) shall be in accordance with the reference specifications, and in accordance with specifications found in the other parts of the contract documents, including: DOCUMENTS: A. B. Drawings Other sections of division 2 — site work Section 02115 — Section 02401 — Section 02485 — Section 02576 Replacement Tree Protection and Trimming Dewatering Grassing — Pavement, Sidewalk, and Driveway 02000-2 H1Projects O7411Bidding Contract Specifications%Spec Ternplate12007102000U1tility Standards.doc 2. Hardwood (all species except pine): An application of asphalt -type tree pruning paint shall be applied to the damaged area. The paint shall be applied in sufficient quantity so as to form an airtight seal. Spraying or painting of the damaged trees shall be performed within twenty-four (24) hours after the injury occurs. In case of damage to "specimen" hardwoods, the inspecting Engineer may require the Contractor to retain a skilled and licensed tree surgeon to properly treat the damaged tree. No compensation shall be made to the Contractor for treating damaged trees. PART 3 — EXECUTION 3.01 GENERAL Protect tree root system from damage due to noxious materials in solution caused by run-off or spoilage during mixing and placement of construction materials, or drainage from stored materials. Protect root systems from flooding, erosion, or excessive wetting resulting from dewatering operations. 3.02 REPAIR AND REPLACEMENT OF TREES A. Repair trees damaged by construction operations, in a manner acceptable to the Engineer. Make repairs promptly after damage occurs to prevent progressive deterioration of damaged trees. B. Remove and replace dead and damaged trees which are determined by the tree surgeon to be incapable of restoration to normal growth pattern. C. If trees over six inches in caliper measurement (taken 12 inches above grade) are required to be replaced, provide new trees of six inches caliper size, and of the species selected by the Engineer. 3.03 DISPOSAL Removal from Owner's property: Remove excess excavation, displaced trees, and trimmings, and dispose of off the Owner's property in a manner approved by local agencies. " END OF SECTION ** 02115 -2 H:\Projects10741\Bidding Contract SpecificationSSSpec Templ e\2007102115 Tree Protection and Drilling.doc SECTION 02115 TREE PROTECTION AND TRIMMING PART 1 -- GENERAL 1.01 DESCRIPTION OF WORK Only those trees which are in the direct path of construction are to be removed. Contractor shall make every possible effort to save any tree of four -inch diameter or larger, induding minor adjustment to the pipe routing. Changes pipe routing must be approved by the Engineer. Any tree which is not designated for removal but which will significantly interfere with construction shall be trimmed by a qualified tree surgeon. Contractor shall minimize tree removal and tree trimming operations to as great an extent as possible. 1.02 QUALITY ASSURANCE Engage a qualified tree surgeon to perform the following work: 1. Carefully remove branches from trees as required for new construction; all wounded trees shall be immediately treated. 2. Recommend procedures to compensate for Toss of roots and perform initial pruning of branches and stimulation of root growth where removed to accommodate new construction. 3. Perform tree repair work for damages incurred by new construction. 1.03 JOB CONDITIONS Provide temporary fencing, barricades, or guards to protect trees and other plants which are to remain from damage. PART 2 -- PRODUCTS 2.01 MATERIALS Tree Pruning Compound: Waterproof, antiseptic, elastic, and free of kerosene, coal tar, Creosote, and other substances harmful to plants. Pruned or damaged trees shall be treated with the following: 1. Pine trees (all species): A mixture of twelve percent (12%) Benzene Hexachloride (BHC) emulsifiable concentrate shall be mixed at the rate of one (1) pint BHC per gallon of #2 fuel oil. Spray damaged area liberally. Spray the rest of the tree from ground level to a height of six feet (6'). Spraying of damaged trees shall be completed within five (5) days after injury occurs. 02115-1 H:1ProjectsI0741\Bidding Contrail SpecificatiOnsSpec Template12007102115 Tree Protection and Drilling.doc SECTION 02200 EARTHWORK PART 1 - GENERAL 1.01 DESCRIPTION OF WORK This section includes the materials and installation standards and contractor responsibilities associated with furnishing all labor, materials, equipment, and incidentals required for clearing, grubbing and filling of undeveloped rights-of-way or corridors, as necessary to provide access for pipeline constriction. All clearing work shall be done for the full width of the corridor area or right-of-way shown on the drawings. Unless otherwise specified, all work shall comply with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. 1.02 MATERIALS Fill material shall be clean granular fine earth, granular shell or sand, free of vegetation or organic material. 1.03 CLEARING, GRUBBING, AND STRIPPING Remove existing vegetation including trees, roots and stumps from the corridor areas. Prevent damage to trees or other items outside of the corridor area. The Contractor shall dispose of all vegetation material removed in accordance with the applicable jurisdictional agencies. 1.04 GENERAL EXCAVATION Unsuitable material shall be removed from the corridor area only as necessary for access and pipeline construction. Excavation and bacill for utility pipelines shall be performed as specified in. 1.05 FILLING AND GRADING Future roadway elevations are shown on the drawings when available from construction plans on file with the Owner or proposed by others. These elevations shall be used as guides for the filling and grading of the corridor. All filling and grading work shall be done to provide corridor access and suitable conditions in preparation for utility pipeline construction. **END OF SECTION** 02200 -1 Projects:107410idding Contract SpecificationMSPec Tempiate12007102200 Earthwork.doc SECTION 02320 TRENCHLESS INSTALLATION OF PRESSURE MAINS BY DIRECTIONAL BORING PART 1 GENERAL 1.01 SECTION DESCRIPTION A. Portions of the pressure mains shall be installed by the directional boring method within the limits indicated on the contract plans and as specified herein. Generally, as a minimum, the pressure main is to be located within the road right-of-way and shall be installed by directional boring. B This section indudes materials, performance and installation standards, and Contractor responsibilities associated with the fumishing of all labor, materials, equipment and incidentals required to install, complete, required trenchless installation of pressure mains, as shown on the Drawings and as specified herein. 1.02 EXPERIENCE A. The Contractor must demonstrate expertise in trenchless methods by providing a list of ten (10) utility references for which similar work has been performed in the last two years. The references should include a name and telephone number where contact can be made to verify the contractor's capability. The Contractor must provide documentation showing successful completion of the projects used for reference. Conventional trenching experience will not be considered applicable. B. All supervisory personnel must be adequately trained and shall have at least four (4) years experience in directional boring. The Contractor shall submit the names and resumes of all supervisory field personnel prior to construction. C. Because of time constraints, the Contractor may wish to provide multiple experienced directional boring crews. D. the directional boring equipment shall be capable of installing the minimum pipe diameter noted on the plans. 1.03 SUBMITTALS A. Submit technical data for equipment including clay slurry material, method of installation -with working drawings, and proposed sequence of construction for approval by the Engineer. 02320 -1 H:\Projects\0741\Bidding Contract specifications\Spec Template\2007102320 Horizontal Directional Drilling.doc B. Prior to approval for directional boring, the Contractor must submit the names of supervisory field personnel and historical information of directional boring experience. In addition, the Contractor must submit for approval nameplate, data for the drilling equipment, mobile spoils removal unit, and MSDS (Material Safety Data Sheets) information for the drilling slurry compounds. C. The Contractor is required to bring to the attention 'of the Engineer any known design discrepancies with actual tunneling methods that the Contractor will be performing. This shall be stated in writing to the Engineer no later than the pre -construction meeting. D. Provide shop drawing submittal and sample of pipe, fused joint, and trace wire. PART 2 -- EXECUTION 2.01 INSTALLATION A. Installation shall be in a trenchless manner producing continuous bores. B. The tunneling system shall be remotely steerable and permit electronic monitoring of tunnel depth and location. Accurate placement of pipe within a ± 2 -inch window is required both horizontally and vertically. Turning capability of a 90 -degree radius in 40 feet is required. Continuous monitoring of the boring head is required, including across open water if necessary. C. The directional boring Contractor shall submit certification, by a Professional Engineer or Professional Land Surveyor licensed in the State of Florida, that the directional boring has been performed in accordance to the construction drawings, and shall provide signed and sealed record drawings. Record Drawings (As -built) shall be provided both in electronic format and hard paper copy. D. Tunneling shall be performed by a fluid -cutting process (high pressure -low volume) utilizing liquid clay, i.e. bentonite. The clay lining will maintain tunnel stability and provide lubrication in order to reduce frictional drag while the pipe is being installed. In addition, the day fluid must be totally inert and contain no environmental risk. The Contractor must also have a mobile vacuum spoils recovery vehide on-site to remove the drilling spoils from the access pits. The spoils must then be transported from the job site and be properly disposed of off the site. Under no circumstances shall the drilling spoil be permitted to be disposed of into sanitary, storm, or other public or private drainage systems. Spoils may be transported to the County's Solid Waste Facility and the cost of disposal shall be borne by the County. 02320 - 2 H:\Projects\0741\Sidding Contract Specifications\Spec Template12007\02320 Horizontal Directional Drilling.doc E. Liquid day type colloidal drilling fluid shall consist of at least 10 percent of high-grade carefully processed bentonite to consolidate cuttings of the soil, to seal the wails of the hole, and to furnish lubrication for subsequent removal of cuttings. The slurry, which is heavier than the surrounding material, is high in colloids of the bentonite type and it will deposit a thin filter cake of low permeability materia l on the walls of the bore. This will allow only a small amount of the fluid to pass into the surrounding soil and will also stabilize the bore. The colloidal content of the fluid imparts excellent lubricating qualities to the slurry, which is a distinct aid to the removal of the soil cuttings. F. Pneumatic or water jetting methods will be considered unacceptable due to the possibility of surface subsidence. G. After an initial bore has been completed, a reamer will be installed at the termination pit and the pipe shall be puffed back to the starting pit. The reamer shall be capable of discharging liquid clay to facilitate the installation of the pipe into a stabilized and lubricated tunnel. H. A minimum of one (1) insulated #6 trace wires shall be installed along with the HDPE. The trace wire shall be tested for continuity upon completed installation. 1. Upon completion of boring and pipe installation, the Contractor shall remove all spoils from the starting and termination pits. All pits shall be restored to their original condition. 2.02 RESTORATION OF PAVED, IMPROVED AND UNIMPROVED AREAS The shoulders, ditches, banks and slopes of roads and railroads crossed and paralleled shall be restored. to their former condition and properly sodded so that they shall not wash out before becoming consolidated. Restoration shall be as required by the jurisdictional authority and as specified within the Contract Document. Road and railroad crossings and parallel installations are to be continuously maintained until the completion of the work. No direct compensation shall be paid for Contractor's repair or maintenance of crossings and parallel installations. -- END OF SECTION ** 02320 - 3 H:\Projects\0741\Bidding Contract Specifications\Spec Template\2007\02320 Horizontal Directional Drilling.doc SECTION 02401 DEWATERING PART 1 -- GENERAL 1.01 DESCRIPTION OF WORK The work to be performed under this section shall include fumishing all equipment and labor necessary to remove stormforth and as shown on thedrawingr subsurface waters from stion areas in accordance with the requirements set 1.02 APPLICABLE CODES, STANDARDS, AND SPECIFICATIONS The dewatering of any excavation areas and the disposal of the water shall be in strict accordance with the latest revision of all local and state government rules and regulations. The Contractor shall obtain any required dewatering permit from the appropriate agencies prior to commencing dewatering operations. PART 2 -- PRODUCTS (Not Applicable) PART 3 -- EXECUTION 3.01 DEWATERING The Contractor shall provide adequate equipment for the removal of storm or subsurface waters which may accumulate in the excavation. If subsurface water is encountered, the Contractor shall utilize suitable equipment to adequately dewater the excavation so that it will be dry for work and pipe laying. A wellpoint system or other Engineer -approved dewatering method shall be utilized if necessary to maintain the excavation in a dry condition for preparation of the trench bottom and d f r pipech playing. Wellpoint holes shall be plugged with concrete grout. Dewatering y will not be permitted if migration of fine grained natural material from bottom, side walls, or bedding material will occur. In the event that satisfactory dewatering cannot be accomplished due to subsurface conditions or where dewatering could daafm et a fisting structures, the Contractor shall obtain the Engineer's app construction procedure before commencing amte { �oginrl��m o normal levels. shall cease in a manner to allow the subsurface 3.02 DISPOSAL Water pumped from the trench or other excavation shall be disposed of in storm sewers having adequate capacity, canals, or suitable disposal pits. Contractor is responsible for acquiring all permits required to discharge the water and shall protectdisposalwatrways sites from turbidity during the dewatering operation. In areas where adequate are not available, partially backfilled trenches may be used for waterispoai only when the Contractor's plan for_ trench disposal is approved in writing by s9 The Contractor's plan shall include temporary culverts, barricades, nd orther persons.protective ive measures to prevent damage to property or injury to any person flooding of streets, roadways, driveways, or private property will be permitted. Engines driving dewatering pumps shall be equipped with residential type mufflers. " END OF SECTION #" 02401 -1 H_\Projects\0741\Bidding Contract Specifications\Spec Template\2007'02401 Dewatering.doc SECTION 02485 GRASSING PART 1 -- GENERAL 1.01 DESCRIPTION OF WORK The Contractor shall famish all labor, equipment, and any other areas on the plans ls necessary for grassing all areas disturbed by his operationsspecification that damaged indicated to receive grassing. It is the intent of this sped areas are to be replaced in kind, with those areas to receivfor e seed ained yard nd those areas. The Engineer shall designateof seed/sod to be areas to receive sod. Engineer shall also designate the type used in each area. Contractor �sed l t �f 9 ass ng sheps all'cal beto inimize the area accordance with required to be sodded or cations for Road Section 570-1 through 570-5 of the 1986 FDOT Standard Specifications and Bridge Construction, except as modified herein. 1.02 STORAGE OF MATERIALS The Contractor shall provide space for storage of sod prior to placement in a manner that will not endanger or restrict pedestrian or vehicular traffic or interfere with other aspects of the work. PART 2 — PRODUCTS 2.01 SOD A. Types: Sod shall be St. Augustine Fioratam, Argentine Bahia, Centipede, or Bermuda, depending on type of existing sod in adjacent area to be matched. Sod shall be well matted with roots. Where sodding sowilld other or be in sufficiently close proximity to private lawns, types than those listed above may be used if desired by the affected property owners and approved by the Engineer�n� o shall be -inch or delivered in commercial -size rectangles, preferably r. tand of B. Condition: The sod shall berms ufcie sufficiently ck to and usnin ured atre a nse thest me of five grass. The sod shall live, planting. It shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. It shall be reasonable eas n aIle frter ree of weeds and other grasses it sis planted. as soon as � being dug and shall be kept moist from the time 02485 -1 H:\Projects\074116idding Contract Speciflcationslspec Templatek2007\02485 Grassing.doc 2.02 SEED A. General: All seed shall meet the ce requirements all State laws.ent of The Agriculture and Consumer Sere When a seed shall have been harvested from the previous year's crop.__ low percentage of grass seed or native seed germination causes thee quality of the seed to fall below the minimum pure live seed perceappntage of as to specified below, the Contractor may station sufficiently subject to the to obtain the the Engineer, to increase the rate of appy minimum germination rate specified. No payment wilt be made for the added seed. B. Delivery and Storage: Each of the species or varieties of seed shall be furnished and delivered in separateolabeled br in such as.mD meg hat During g and storage, the seed shall be ca be protected from damage by heat, moisture, rodents, and other causes. All permanent and temporary grass seed shall have been tested within a period of six months of the date of planting. anent and temporary grass seed shall C. Purity and Germination: All of permanent end germination as follows: have a minimum percentpurity 1. Argentine Bahia Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum germination of 80 peu rcre seed 2. Pensacola Bahia Grass Seed shall have a minimum p content of 95 percent, with a minimum active germination of 40 percent and a total germination of 80 percent, including firm seed. 3. Bermuda Grass Seed shall be of common variety with a minimum germination of 85 percent. 4. Annual Type Rye Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum germination of 90 percent. 2.03 MULCH The mulch material used shall normally be dry mulch. Dry mulch shall be straw or hay, consisting of oat, rye, of wheat straw, or of pangola, peanut, coastal Bermuda, or Bahia grass hay. Only deteriorated mulch which can readily be cut into the soil shall be used. 2.04 GRASSING EQUIPMENT A. Seed Spreader The seed spreadershall be an approved mechanical reader. hand spreader or other approved type of spreader. B. Equipment for Cutting Mulch into Soil: The mulching equipment pmei t the hall be of a type capable of cutting the specified materials uniformly r il, and to the required depth. Harrows will not be allowed. 02485 - 2 H:1ProjectsA074118idding Contract S tions\SPec Template12007102485 Grassing.doc C. Rollers: A cultipacker, traffic roller, or other suitable equipment will be required for rolling the grassed areas. PART 3 EXECUTION 3.01 GENERAL CONSTRUCTION METHODS Seeding and mulching operations will not be permitted when wind velocities exceed 15 miles per hour. Seed shall be sown only when the soil is moist and nd isn proper condition to induce growth. not in ao e teding shall be illable condition.e W� neveen s a suitable frozen, unduly wet, or otherwise length of right-of-way or adjacent area has beegraded,n it shall be e made ready, when directed by the Engineer, and g these specifications. Grassing shall be incorporated into the project at the earliest practical time in the lift of the contract. 3.02 SODDING A. Preparation of Area to be Sodded: The ground which is to receive sod shall have been graded to proper elevations (2" below sodded grade) to match pre -construction conditions or proposed grades. All disturbed swales and ditches shah have been rad shall e1bepmae�a ned and nstruction condition or better. The pre -construction be the prepared soil shall be loose and reasonable exist ng grass'ta n olther reasonable free of large clods, roots, patches ofrations aosubsequent material which will interfere with the sod -laying ops mowing and maintenance operations. B. Laying of Sod: Sod shall be installed in all areas so designated by Engineer. Sod shall be carefully placed so that each piece abuts flush to all surrounding sod, regardless of whether surrounding sod is new or existing. Where new sod is to be placed adjacent to existing sod,dthe new ven sod sod must be cut in to match the elevation of the existing sod.which might cause mowing problems will be rejected. New sod laid on will also be rejected. All sod placed on steep slopes top of existing sod in (greater than 1:1) shall be pinned with a wooden pin to keep It place. after completion of the sod laying, the entire sodded area shall be C. Rolling: Immediatelyrolled d thoroughly with the equipment specked At least two rrolle trips over the entire area will be required. D. Watering: Newly -sodded areas are to be watered by Contractor as necessary to keep sod alive until the Contractor is closed out. Dead sod shall be replaced by Contractor prior to contract closeout. 02485 - 3 HAProjeds\074118iddm9 Contract Specificatio \Spec TSI ‘2p07\02485 Grassing.doc 1 3.03 SEEDING A. Sequence of Operations: The operations involved in the work shall proceed in the following sequence: preparation of the ground, seeding, spreading, and cutting in mulch. B. Preparation of Area to be Seeded: The ground over which the seed is to be sown shall be prepared by disk -harrowing and thoroughly pulverizing the soil to a suitable depth. The prepared soil shall be loose and reasonably smooth. It shall be reasonable free of Targe clods, roots, and other material which will interfere with the work or subsequent mowing and maintenance operations. C. Application of Seed: While the soil is still loose, the seed shall be scattered uniformly over the grassing area and immediately mixed into the seed bed to a depth of one-half inch. Unless other types of seed are called for, permanent -type grass seed shall be a mixture of 20 parts of Bermuda seed and 80 parts of Pensacola Bahia seed. Quick -growing type grass seed shall be a species which will provide an early ground cover during the particular season when planting is done and will not later compete with permanent grass. The separate types of seed used shall be thoroughly dry -mixed immediately before sowing. Seed which has become wet shall not be used. D. Mulching: When mulching is called for, approximately two inches, loose thidmess, of the mulch material shall then be applied uniformly over the seeded area, and the mulch material cut into the soil with the equipment specified, so as to produce a loose mulched thickness of three to four inches. Care shall be exercised that the materials are not cut too deeply into the soil. No artificial watering of the mulch shall be done before it is applied. E. Rolling: immediately after completion of the seeding, the entire grassed or mulched area shall be rolled thoroughly with the equipment specified. At least two trips over the entire area will be required. F Watering: Newly seeded areas are not to be watered to force the seed germination, but only to sustain grass growth. Water will only be used on vegetated areas when permitted by the Engineer. G. Operations on Steep Slopes: On steep slopes when mulching is called for, the mulch material may be anchored down in lieu of being cut into the soil by use of a machine. Anchoring may be done by either of the following methods: 1. Placing a layer of soil, approximately two inches thick by nine inches wide, along the upper limits of the mulch, and spotting soil piles over the rest of the area at a maximum spacing of four feet. 02485 - 4 H:\Projects\0741\Bidding Contract Specifics nS\SP Temp \2007\02485 Grassing_doc 2. Spreading a string net over the mulch, using stakes driven flush with the top of the mulch, at six-foot centers, and stringing pa rallel and perpendicular, with diagonals in both directions. the H. Maintenance: The ContractorsIluntilhis final acceptance t. the project aof any reas in a satisfactory condition Such maintenance shall include the filling, leveling, and repairi of any washed or eroded areas, as may be necessary. The Engineer, time, may require replanting of any areas in which the establishment of the grass stand does not appear to be developing satisfactorily. If a planted area must be replanted due to the Contractor's negligence, carelessness, or failure to provide routine maintenance of such areas, such replacement shall be at the Contractor's expense. If replanting is necessary due to factors determined to be beyond the controlofr the ate Contractor, payment for replacement will be made under the appropriate contract pay items. ** END OF SECTION ** 02485 - 5 H:\Projects\0741\Bidding Contract Speaficatio \Peo Tempiate‘2007\02485 Grassing.doc SECTION 02576 PAVEMENT, SIDEWALK, AND DRIVEWAY REPLACEMENT PART 1 -- GENERAL 1.01 REFERENCES A. Section numbers and Article numbers specified are those contained in the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction" B. Indian River County Code Chapter 312, Section 08 C. Utility Construction in Right-of-Way shall control where applicable. It is intended that the other specifications contained herein are to be applied as more specific. In the event of a conflict between provision of Code Section 312.08 C and any a the more restrictive provision shall other provision of these specifications apply. C. 312.08 C. Utility construction within the right-of-way. All utility work will - require a right-of-way construction permit Utility companies having a valid franchise to operate in Indian River County will not be required to pay a fee.Utility companies not having a valid franchise may right-o#-way permitthe director of public be required to pay a user fee to be determined by with the following works. The permit application shall be submitted along information. 1. General application data and specific utility data. 2. Appropriate filing fee_ and 3. Three (3) sets of Engineering plans which contain plan, profile proposed facilities including cross-section views of the existing and right-of-way within one hundred alt existing utilities, structures in the rug information. (100) feet of the improvement, and other pertinent 4. Plans that show that the following criteria are met: a. Utility plant shall be the proper depth and location as approved by the Public Works Director and Utilities Director. b. All utility structures induding traffic signal and control appurtenances, drainage structures, communication, and electrical lines, gas lines, water, sewer, oil transmission Tines, etc., shall meet specifications and construction Florida Department of procedures as required by Transportation and appropriate utility agencies. c. Open pavement cut shalt not be permitted on County arterial and collector routes as designated on the County's by the Public Works thoroughfare plan unless approved Director on the permit. All such crossings shall be "bore and jack" or directional drill" in accordance with Florida l Ida Department of Transportation standards, unless ofne approovtrafc ind open cut. If open cut is approved, one (1) 02576 - 1 ns\SPec TempIate12007\02576 Pavement Sidewalk and Driveway Replacement.doc H_\Projectst07411Biddin9 Contrail gpecifipfw each direction should be maintained, using proper traffic control procedures as outlined in the reference material cited in section 312.08.1 (b) and (c). shall be as d. Pavement cut and restoration, where approved, follows: 1. Pipe bedding, backfill and compaction shall conform to standards specified in section 312.08.1 (a) and (c). Open cut restoration shall meet specifications detailed in drawing No. 6 section 312.19. Density testing shall be performed by an approved independent testing laboratory and reports submitted to the Public Works Diro aprior to permanent patch. A temporary asphalt shall be applied within twenty-four(2)h hours after backfill and compaction. The finish surface of the temporary asphalt patch shall be within one-quarter (1/4) inch of the elevation of the existing roadway surface. 2. Seventy-two (72) hours prior to the time of pavement cut, the Public Works Director shall be notified of the date and time of the cut. An emergency phone number of the Contractor shall be provided. 3. Work site traffic control shall be provided in conformance with "Florida tci Department a Design Transportation Roadway Standards." 4. Asphalt restoration will be required withinfifteen The final days after temporary patch finish shall be smooth and uniform within a one- . quarter (1/4) inch tolerance of the required surface. 5. Shoulder, right-of-way sodding, and other restoration shall be performed as required by the Public Works Department of Director in accordance with Florida Transportation Standards. signs, street name 6. Traffic control devices (e.g. 9 signs, traffic signals and pavement markings) shall be restored to their original condition or better. 7. Prior to final release of the performance bond, which shall occur no sooner than ninety (90) days after final pavement restoration, the Engineer -of -record or utility company shall request a final inspection, shall certify that the utility has been installed in accordance with standards specified in the publications listed in section 312.08, shall submit two (2) copies of as -built drawings, and shall submit release of lien by Contractors. 8. All utility structures will be required to have an identification tag designating proper ownership. 02576 - 2 HAProjectsW741%Bidding Contract Speaficatb nslSpec Template12007\02576 Pavement Sidewalk and Driveway Replacement.doc 1.02 RESTORATION All surfaces, as described, shall be completed as soon as is reasonable. In no case shall the pavement or driveway replacement operation be unfinished for more than 10 days after backfilling unless otherwise directed by the Engineer. eplace all damaged or cut pavement due to Contractor's operations; restore all pavement outside of trench area that is damaged by the Contract at no expense to Owner. 1.03 GUARANTEE All restored areas within the public right-of-way shall be guaranteed for one year. In the event of settlement of paved areas more the an Contractorr shall make the below the undisturbed adjacent permanent pavement, necessary repairs to restore the pavement level within ten calendar days after notification by the Owner. The cost of such repairs shall be paid by the Contractor. PART 2 — PRODUCTS 2.01 BASEROCK Limerock, shellrocc, and local rock shall conform to FDOT specifications, Section 911. 2.02 ASPHALTIC CONCRETE A. Prime and Tack Coats: Prime and tack coats shall be applied to the prepared baserodc- Prime coat shall be cutback asphalt, Grade RC -70, MC -30, or MC -70, complying with FOOT Specifications, Articles 300-1 gallons per square yard. 0.15 of through 300-7, applied at the average rate 9 Tack coat shall be emulsified asphalt, Grade RS -2, complying with FDOT Specifications, Articles 300-1 through 300-7 respectively, applied at the average rate of 0.10 gallons per square yard. The bituminous quantities are considered as average and are subject to some variation at the discretion of the Engineer and at no additional cost. B. Plant Mix Wearing Surface: Arplantek x base. nMaterial Materials course construction constructed on the prepared Specifications for shall conform with the requirements of FDOT StandardSpe through 331r Type S-1 Asphaltic Concrete, Section 331, and Articles 331-1 4. The finished pavement replacement shall be smooth and even with, or slightly above, the existing abutting pavement, but shall not have any appreciable bump due to this slight elevation. 02576 - 3 H:\Projects\0741\Bidding Contract Specifcations\Spec Te plate12007\02576 Pavement Sidewalk and Driveway Replacement.doc C. Rock, Gravel, or Marl Replacement: Roads, streets, or driveways constructed of rock, gravel, or marl shall be restored to a condition equal to or better than prior to construction using the same material unless directed otherwise. D. Temporary Cold Patch: Temporary cold patch for temporary surface as required by Code Section 312.08 (c) (d) 1, shall be a commercially available mix approved by the Engineer. 2.03 CONCRETE MIX, DESIGN, AND TESTING A. Comply with requirements of applicable FDOT Section 345 for concrete mix design, sampling and testing, and quality control, and as herein specified. B. Design the mix to produce standard weight concrete consisting of Portland cement, aggregate, air -entraining admixture and water to produce the following properties. 1. Compressive Strength - Class 1, 3,000 psi. 2. Air Content: 3% to 6% C. Concrete placement slump shall not exceed plus or minus one inch from approved design slump. PART 3 EXECUTION 3.01 PAVEMENT REPLACEMENT Replace pavement in accordance compacted in accordance with FDOT Speh the details shown on c (cations, . The baserock shall be placed andp Section 200. Application of the tack coat shall follow the application of the prime coat immediately prior to the placing of the wearing surface course. 3.02 EDGE TRIM Trim edges of the existing pavement with a concrete saw or other approved method to provide a dean, straight edge. 3.03 PAVEMENT MARKINGS Repaint, stripe, or otherwise mark pavement to match pre-existing conditions, using FDOT-approved materials and procedures 3.04 TEMPORARY PAVEMENT Temporary pavement shall be installed as follows: 02576 - 4 HAProjects\0741\Bidding Contract SpeciBcations\Spec TemplateV007402576 Pavement Sidewalk and Driveway Replacement.doc Resi , the ctor shall, A. comp leucon Streets: In of thel backfill, construct as base course en completion and acceptance accordance with the typical section meeting the requirements of the FDOT Specifications, Section 200, Articles 200-1 through 200-10. The top of the base course shall be constructed flush with the adjacent asphalt surface. Upon completion of the base construction, it shall be primed and sanded in accordance with FDOT Specifications, Section 300, Articles 300-1 through 300-6. Prime shall be applied at the rate of (150 gallon per square yard, or as directed by the Engineer. B. Arterial Streets: In arterial streets, the Contractor shall, after completion and acceptance of the backfill, construct a base course in accordance with the typical section. Upon completion of the base course, theContractor shall construct an asphaltic concrete surface course, Type l'in accordance with FDOT Specifications, Section 332, Articles 332-1 through 332-5. The top of the surface withted flush the adjacent asphalt surface. Th � of the replaced course Imatch the thickness of the existing surface course. 3.05 EMERGENCY REPAIRS AND PROCEDURES The Contractor shall provide the name and telephone number of at least two persons designated by the Contractor to receive notification of the need for emergency repairs. These persons shall be available for emergency notification on a 24 hour basis. The County will provide the name, or names, of its designee who will be charged with giving notice to the Contractor when the need for emergency repairs, or other actions, is necessary on work that has been performed by the Contractor. When so notified by the person so designated by the County that emergency repairs, or other actions, are necessary the Contractor will be given a reasonable time to respond to the situation. At the time of notification the Contractor will give the time that he will be able to take action to rectify e Cou tYthe emergency conditions. If this time is not satisfactory to the County, or reserves the right to have the Road & Bridge Division make necessary repairs, take other emergency actions as required to restore the pavement, or take other actions necessary. The County will invoice the Contractor for the actual time and materials used in executing the emergency repairs or actions. This amount will be hourly based upon rates and actual materials cost to the County. The labor rates will be supplied to the Contractor prior to beginning work under this Contract. If the Contractor does not pay the invoice as presented by the County, the County reserves the right to withhold that amount from the Contractor on the Final Pay for this Contract. 02576 - 5 H:1Projects\0741\13idding Contract SpecificOns\Spec Template12007102576 Pavement Sidewalk and DfiVeway Replacement.doc 3.06 SIDEWALK, CONCRETE DRIVEWAY, CURB, AND COMBINED GUTTER REMOVAL AND REPLACEMENT A. SURFACE PREPARATION: 1. Remove loose material from the compacted subbase surface immediately before placing concrete. 2. Proof -roll prepared subbase surface to check for unstable areas and the need for additional compaction. Do not begin paving work until such conditions have been corrected and are ready to receive paving. Comply with requirements of FDOT Section 230, Paragraph 230-6. B. Do not place concrete until subbase and forms have been checked for line and grade. Moisten if required to provide a uniform dampened condition at the time concrete is placed. Do not place concrete around manholes or other structures until they are completed be FDOTo Class ass 1 and a mfinish o m m an and lignment. All concrete driveways shall of 6 inches thick with wire or fiber mesh reinforcement. All sidewalks shall be a minimum of 4 inches thick, shall be sawcut every 5 feet, and shall have an expansion joint every 30 feet. of the 1. Place concrete using methods which prevent segregation mix. Consolidate concrete along the face of forms and adjacent to transverse joints with an intemal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Use only square - faced shovels for hand -spreading and consolidation. Consolidate with care to prevent dislocation of reinforcing, dowels, and joint devices. Do not use vibrators to push or move concrete in forms or chute. 2. Deposit and spread concrete in a continuous operation between transverse joints, as far as possible. If interrupted for more than one-half hour, place a construction joint_ 3. Curbs and Gutters: Automatic machine may be used for curb and gutter placement at Contractor's option. If machine placement is to be used, submit revised mix design and laboratory test results which meet or exceed the minimum herein specified. Machine placement must produce curbs and gutters to the required cross-section, lines, grades, finish, and jointing as specified for formed concrete. If results are not acceptable, remove and replace with formed concrete as specified. 4. Joints: Construct expansion, weakened-plane(c(contraction), surface and construction joints true -to -line with face perpendicular the concrete, unless otherwise indicated. Construct transverse joints at right angles to the centerline, unless otherwise indicated. When joining existing structures, place transverse joints to align with previously -placed joints, unless otherwise indicated. 02576 - 6 H:1Projectsk0741‘Bidding Contract SpecificatwnsASPec Template%200702876 Pavement Sidewalk and Driveway Replacement.doc a. Weakened -Plane Joints: Provide weakened -plane (contraction) joints sectioning concrete into areas where required. Construct weakened -plane joints for a depth equal to at least one-quarter concrete thickness, by sawing within 24 hours of placement or formed during finishing operations. ___Place joints at intervals not to exceed 10 feet, if not otherwise indicated. b. Construction Joints: Place construction joints at the end of all pours and at locations where placement operations are stopped for a period of more than one-half hour, except where such pours terminate at expansion joints. Construction joints shall be as shown or, if not shown, use standard metal keyway -section form of appropriate height. c. Expansion Joints: (1) Provide premolded joint filler for expansion joints abutting concrete curbs, catch basin, manholes, inlets, structures, walks, and other fixed objects, unless otherwise indicated. (2) Locate expansion joints at 30 feet o.c. for concrete walks, unless otherwise indicated. (3) Extend joint fillers full width and depth of joint, and not less than one-half inch below finished surface where joint sealer is indicated. If no joint sealer, place top of joint filler flush with finished concrete surface. (4) Fumish joint fillers in one-piece lengths for the full width being placed, wherever possible. Where more than one length is required, lace or clip joint filler sections together. Pieces shorter than four inches . shall not be used unless specifically shown as such. (5) Protect the top edge of the joint filler during concrete placement with a metal cap or other temporary material. Remove protection after concrete has been placed on both sides of joint. (6) Fillers and Sealants: Comply with the requirements of these specifications for preparation of joints, materials installations and performance, and as herein specified. C. CONCRETE FINISHING 1. After striking -off and consolidating concrete, smooth the surface by screening and foating. Use hand methods only where mechanical floating is not possible. Adjust the floating to compact the surface and produce a uniform texture. 2. After floating, test surface for trueness with a 20 ft. straight edge. Variations exceeding one-third inch for any two points within 10 feet shall not be acceptable. Distribute concrete as required to remove surface irregularities, and refloat repaired areas to provide a continuous smooth finish. 02576 - 7 HAProjects\0741\Bidding Contrail SpecificationsSSpec Template12007102576 Pavement Sidewalk and Driveway Replacement.doc 3. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round 10-1/2" radius, unless otherwise indicated. Eliminate any tool marks on concrete surface. 4. After completion of floating and when excess moisture or surface sheen has disappeared, broom finish sidewalks by drawing a fine - hair broom across concrete surface, perpendicular to a line of pedestrian traffic. 5. Do not remove forms for 24 hours after concrete has been placed. After form removal, dean ends of joints and point -up any min honeycombed areas. D. CURING: Protect and cure finished concrete paving and walks, as required. Use moist -curing methods for initial curing whenever possible of approved concrete curing compounds. E. REPAIRS AND PROTECTION: 1. Repair or replace broken or defective concrete, as directed by Engineer. 2. Drill test cores where directed by Engineer, when necessary to determine magnitude of cracks or defective arras. Fill drilled core holes in satisfactory pavement areas with Portland cement concrete bonded to pavement with epoxy resin grout. 3. Protect concrete from damage until acceptance of work. When construction traffic is permitted, maintain pavement as dean as possible by removing surface stains and spillage of materials as they occur. freeof stains and 4. Sweep concrete pavement and wash discoloration, dirt, and other foreign material just prior to final inspection. END OF SECTION'" 02576 - 8 H:\Projects\0741\Bidding Contract specifications1SPeCTemplate\2007102576 Pavement Sidewalk and Driveway Replacement.doc SECTION 02610 RESTRAINED JOINTS, EXCAVATION AND BACKFILLING 1.01 RESTRAINED JOINTS A. Restrained joints shall be used on lines larger than 6 -inch diameter. Sections of piping having restrained joints or those requiring restrained joints shall be constructed using pipe and fittings with restrained Locked -type" joints, and the joints shall be capable of holding against withdrawal for line pressures up to 150 pounds per square inch (psi). The pipe fittings shall be as shown for restrained push -on joints or restrained mechanical joints on Page 416 in Section VI, in the Handbook of Cast Iron Pipe, 4th Edition. In all cases, restrained joints must be used per Section C below, with thrust blocks, per contract drawings. B. Restrained pipe joints that achieve restraint by incorporating cutout sections installed in the bell of the pipe shall have a minimum wall thickness at the point of cutout that corresponds with the minimum specified wall thickness for the rest of the pipe. C. The minimum number of restrained joints required for resisting forces at fittings and changes in direction of pipe shall be determined from the length of restrained pipe on each side of fittings and changes in direction necessary to develop adequate resisting friction with the soil. Table M -5B is provided for the Contractor as a guideline. Table M -5B L.= 1.5PA (1 -COS X) fW Where: L = Length of pipe on each side of fittings or change in direction P = 150 psi, unless otherwise noted A = Cross-sectional area in square inches based on outside diameter (O.D.) of pipe X = Angle of bend or change in direction in degrees f = Coefficient of friction = 1.4 (maximum) (earth) W = W (earth) + W (pipe) + W (water in pipe) W = (density of soil'`) (depth of cover in feet) ter table elevation * Maximum 120-lbs/cubic ft a and 60-lbs/cubic ft below maximum water table elevation. D. Bolts and nuts for restrained joints shall be hot dipped galvanized, low alloy, high strength steel. E. The Contractor shall also provide restrained joints in accordance with the above criteria wherever below ground fittings on lines 12 inches in diameter or less. 02610-1 HAProjects10741 \Bidding Contract Specifications\Spec Template12007\02610 Restrained Joints Excavation and Backfilling.doc 1.02 EARTHWORK AND BACKFILL A. All excavation for utilities and/or house connections shall be adequately guarded with barricades and lights, so as to protect the public from hazard. Streets, sidewalks, driveways, curbs, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the County. B. Foundation material used for pipe bedding, from a minimum 6 inch distance below the pipe invert to the bottom 12 inches above the top of the pipe, shall be bank run sand and gravel. C. All gravity sewer installation procedures must accordance d Banc with h pipe manufacturer's recommendations. All gravity shall be installed to have minimum ofalaser f to 6inches. ncmafain propeationgraf gravityy sewers shall be controlled by D. Installation of force mains shall be in accordance with AWWA Standard C600 and the installation specifications for water lines in the water distribution section, irrespective of the type of pipe selected. 1. Trench -Trench widthIl be trenchkept to a bottom shall minimum be graded necessary formlyfto installation of the pipe.The match the slope of the pipe. 2. Backfill - Only good quality backfill, free of stones, roots, rocks broken cement, or other materials that might be damaging to the pipe shall be used. Backfill shall be placed in the trench in uniform lifts of 12 inches. 3. Compaction - All pipes must be compacted by hand tamping to the centerline, under the pipe. Backfill shall be compacted in lifts up to the surface to achieve a minimum compaction of 95 percent of maximum density in roadways and shoulders, and 90 percent in easements in accordance with AASHTO T-180 and ASTM D-2167. 4. Dewatering - Construction shall be accomplished in a dry trench. Well pointing will be required, as necessary. All water entering excavations or other parts of the work shall be contained, collected, and pumped. to suitable places for disposal as permitted by State. 5. Sheeting - Sheeting and shoring shall be installed as may be necessary for the protection of the work, preservation of adjacent property and structures, and the safety of employees. Sheeting and bracing shall be uniform to OSHA requirements. END OF SECTION ** 02610-2 H'\Projects10741tBidding Contract Specfications\Spec Template\2007\02610 Restrained Joints Excavation and Backfilling.doc SECTION 02623 WATER MAINS POLYVINYL CHLORIDE PIPE AND FITTINGS 1.01 SCOPE This section covers polyvinyl chloride pipe and fittings for water mains. 1.02 GENERAL Polyvinyl chloride (P.V.C.) pipe shall be allowed for use as potable water pipe where compatible with the specific conditions of the project. The use of material other than polyvinyl chloride may be required by Indian River County Department of Utility Services (IRCDUS) during construction permit review or by IRCDUS field personnel during construction if it is determined that polyvinyl chloride pipe is unsuitable for the particular application. 1.03 PIPE MATERIALS FOR SIZES 4" THROUGH 12" A. All pipe and fittings intended for conveying or transmitting o 50 gspotable water shall be designed for a minimum working pressure B. Polyvinyl chloride pressure pipe shall conform to the latest AVWVA Standards C900-97, or latest revision, and/or C909-98, or latest revision hall and ASTM D1784 and D2241, latest revision. P.V.C. pressure pip be made from Class 12454-A or Class 12454 mm material m and conform with the outside diameter of cast iron pipe of DR18. C. Polyvinyl chloride pressure pipe smaller than 4" shall be as approved by IRCDUS. D. Polyvinyl chloride shall be as manufactured by JM Manufacturing � equal. Company, or app E. The pipe shall be blue in color. 1.04 PIPE MATERIALS FOR SIZES 14" THROUGH 36" All pipe and fittings intended for conveying or transmitting shall be designed for a minimum working pressure of 150 ps A. potable water latest AW WA pressure pipe material and minimum wall B. Polyvinyl chloride pressure pipe shall conform to the Standards C905 and ASTM D1784, latest revision. P.V.C. shall be made from Class 12454-A or Class 12454-8 conform with the outside diameter of cast iron pipe wtt a thickness of DR26. 02623 -1 HAProjeds\074111idding Contrail Spedficatb r►ssSpec Template\2007\02623 Water Mains Polyvinyl Chloride Pipe.doc C. Polyvinyl chloride pipe shall be manufactured by JM Manufacturing Company, or equal. D. The pipe shall be blue in color. 1.05 JOINTS A. Joints for P.V.C. pressure pipe shall be bell and spigot push -on rubber gasket type only. No solvent weld or threaded joints will be permitted. B. Other type joints may be considered for specific installation upon submission of specifications and approval by the Engineer and IRCDUS. C. Restraint shall be by Nappco C-1300 restrainer or approved equal. 1.06 FITTINGS A. All fittings shall be ductile iron mechanical joint and shall conform to AWWA specification C110 (ANSI 21.10-98), or latest revision. Fittings shall be cement mortar lined and seal -coated in accordance with AWWA Standard C104 (ANSI A21.4-95), or latest revision. B. The pressure rating shall be 250 psi. C. Joint restraint, when required, shall be by Nappco C-1300 restrainer, or approved equal. 1.07 SUBMITTALS Before starting fabrication. of the P.V.C. pipe and fittings, complete detailed working drawings shall be submitted by the Contractor for approval by the Engineer and IRCDUS. Such drawings shall show the piping layouts and cotain schedules of all pipe, fittings, valves, expansion joints, hangers and supports, and other appurtenances. Where special fittings are required, they shall be shown in large detail with all necessary dimensions. The drawings submitted shall show flanged jointed sections placed so as to be removable without disturbance to the main pipe sections. 1.08 MARKING A. Number 10 Stranded Conductor Copper Trace Wire shall be spiral wrapped or affixed to the top of the pipe. See trace wire Detail M-14 for specifications regarding installation. B. Trace wire is required over all pipes. C. Location tape is required over all pipes. Tape is to be installed 12" below proposed grade. 02623 - 2 H:\Projeds\07410idding Contract Specifications%Spec Template12007102623 Water Mains Polyvinyl Chloride Pipe.doc 1.09 INSTALLATION A. Unless otherwise noted on the drawings or in other sections of this specification, the pipe shall be handled and installed in strict accordance with the manufacturer's instructions and with the applicable provisions of AWWA C605-94, or latest revision. If a conflict exists between the manufacturer's instructions and the AWWA Standards, the manufacturer's instructions shall govern_ The Contractor shall use every precaution during construction to protect the pipe against the entry of non -potable water, dirt, wood, small animals, and any other foreign material that would hinder the operation of the pipeline. Where the groundwater elevation is above the bottom of the trench, the Contractor shall provide suitable dewatering equipment at no additional cost to the Owner. All piping shall be placed in a dry trench, unless wet trench installation is approved by the Engineer and IRCDUS. B. Depth of Cover and Pipe Elevation: Unless otherwise shown on the drawings, or otherwise authorized by the Engineer, all pipe shall have a minimum cover of 36 inches. Contractor shall determine top of pipe elevation and top of ground elevation for every two joints of pipe installed using a level. Pipe must have the minimum cover described above and must be within +1- 0.2 feet of the top of pipe elevation indicated on the drawings. Installed pipe which does not meet these requirements shall be reinstalled until it does meet these requirements. Contractor shall record top of pipe and top of ground elevations and the locations of where these elevations were determined and submit this information to Engineer or his representative. Engineer reserves the right to have Contractor excavate and check top of pipe and top of ground elevations to see if they conform to the aforementioned requirements, at no cost to the owner. ** END OF SECTION ** 02623 - 3 H:\Projects\0741\Bidding Contract Specifications\Spec Template\2007\02623 Water Mains Polyvinyl Chloride Pipe.doc SECTION 02625 WATER MAINS DUCTILE IRON PIPE AND FITTINGS 1.01 SCOPE This section covers cast ductile iron pipe and cast ductile iron fittings for water mains. 1.02 GENERAL A. Ductile iron pipe (D.I.P.) shall be allowed for use as water pipe where compatible with the specific conditions of the project. The use of material other than ductile iron may be required by Indian River County Department of Utility Services (IRCDUS) during construction permit review or by IRCDUS field personnel during construction if it is determined that ductile iron pipe is unsuitable for the particular application. B. All ductile iron pipes shall be manufactured in accordance with AWWA Specification C-150 (A21.51-96), or latest revision and shall be pressure Class 300 or 350 minimum as depicted on Table 1.1 on page 1-2. All ductile iron pipes crossing under roadways and other trafficked areas shall be pressure class 350 minimum. C. Unless specifically indicated otherwise, restrained joint underground piping shall be manufactured restrained bell and spigot and above ground piping shall be flanged. D. Cutting of ductile iron pipe shall be by sawing only. 1.03 PIPE Ductile iron pipe shall be bell and spigot cast in accordance with AWWA Specification C150 (ANSI A21.51-96), or latest revisioonth a m nast ductile iron il yield shall have a minimum tensile strength of 60,000 psi, strength .of 42,000 psi. Pipe wall thickness shall be computed in accordance with AWWA Specification C150 (ANSI A21.51-96), or latest revision, using the physical characteristics cited above, with aminJirrium nless working pressure of 200 psi and a Laying Condition "Type otherwise indicated or specified herein, the pipe shall have the minimum wall thickness according to class designation for diameters shown. All pipe shall be given a minimum factory hydrostatic test of 500 pounds per square inch. 02625 -1 H:\Projects\07411Bidding Contrail Specif catronsZpec Templaie12007102625 WM Ductile Iron Pipe and Fittings.doc TABLE 1.1 PRESSURE CLASS OUTSIDE 300 PSI 350 PSI SIZE DIAMETER THICKNESS THICKNESS (INCHES (INCHES INCHES - INCHES) 3 3.96 0.25 0.25 4 4.80 - 0.25 6 6.90 0.25 8 9.05 10 11.10 --- 0.26 12 13.20 0.28 14 15.30 0.30 0.31 16 17.40 0.32 0.34 18 19.50 0.34 0.36 20 2t60 0.36 0.38 24 25.80 0.40 0.43 30 32.00 0.45 0.49 36 38.30 0.51 0.56 42 44.50 0.52 0.63 48 50.80 0.64 0.70 54 57.76 0.72 0.79 60 61.61 0.76 0.83 64 65.67 0.80 0.87 1.04 FITTINGS A. All underground fittings shall be either push on or mechanical joint. Mechanical joints shall conform to AWWA Specification C110 (ANSI 21.10-98) or C153 (ANSI 21.53-00), or latest revisions. All aboveground fittings shall be flanged joint. B. The pressure rating shall be 250 psi. C. All fittings shall be tined with the same material as specified for the pipe as per paragraph 1.05. 1.05 LINING AND COATING A. Unless otherwise indicated, all ductile iron pipe shall be factory Tined and coated. B. Lining: All pipe shall be cement mortar Tined and seal coated in accordance with AWWA Standard C104 (ANSI A21.4-85), or latest revision. C. Coatin Unless specified otherwise, ail pipe shall be bituminous coated outside to a dry film thickness of at least 1 mil. 02625 - 2 H:U'rojects\074113idding Contract Spedfications\SPec Template12007102625 WM Ductile Iron Pipe and Fittings.doc D. Repair. Anywhere that the coating is removed purposely or accidentally, the area shall be leaned of any rust, grease, and dirt and re -coated to a minimum dry film as specified for the individual piece. E. Encasement: If and where directed by IRCDUS, a polyethylene encasement shall be provided around pipe, fittings, and valves. The material, installation, and workmanship shall conform to applicable sections of AVVWA C105 (ANSI A21.5-99), or latest revision. Installation methods A or B shall be employed using flat tube polyethylene. The Contractor shall make provisions to keep the polyethylene from direct exposure to sunlight prior to installation. Backfilling following installation shall be completed without delay.to avoid exposure to sunlight. F. All exposed Ductile Iron pipe shall be coated by Duromar or approved equal. Ductile Iron water mains are to be painted blue. 1.06 BELL AND SPIGOT CONNECTIONS Joints in bell and spigot pipe shall be push -on, mechanical, or restrained joints in accordance with AVVWA Standard C-111 (ANSI 21.11-00), or latest revision. Pipe restraints shall also be in accordance with IRCDUS Standards or as directed by IRCDUS. 1.07 FLANGED CONNECTIONS A. All flanged pipe barrels shall comply with the physical and chemical requirements as set forth in the Handbook of Ductile Iron Pipe of the Cast Iron Pipe Research Association. Flanges shall be in accordance with ANSI Specification B16.1 for Class 125 flanges. Bolts shall comply with ANSI Specification B18.2. B. Flanged pipe shall be faced and drilled to the American Standard drilling, unless special drilling is called for or required. Wheshall r tap or stud bolts are required, flanges shall be tapped. Flanges be accurately faced and drilled smooth and true, at right angles to the pipe axis and shall be covered with zinc dust and tallow or a rust preventive compound immediately after facing and drilling. C. Flanged pipe with screwed -on flanges shall be furnished with long hubs, and the flanges shall be screwed on the threaded end of the pipe in the shop, and the face of the flange and end of pipe refaced together. There shall be no leakage through the pipe threads and the flanges shall be designed to prevent corrosion of the threads from outside. 02625 - 3 H:\Projects\O74116idding Contract Specifications\Spec Template\21O7102625 WM Ductile Iron Pipe and Fittings.doc D. Flanged joints shall be made with bolts or stud bolts and nuts. Bolts, stud bolts, and nuts shall conform to American Standard heavy dimensions, semi -finished with square or hexagonal heads and cold punched hexagonal nuts, meeting the requirements of ASTM Designation A-307. Bolt sizes shall be American Standard for the flanges specified, and bolts and nuts shall have good, true threads. E. Gaskets shall be in accordance with AWWA Standard C-115 (ANSI A21.15-99), or latest revision. 1.08 SUBMITTALS Before starting fabrication of the ductile iron pipe and fittings, complete detailed working drawings shall be submitted by the Contractor for approval by the Engineer and IRCDUS. Such drawings shall show the piping layouts and contain schedules of all pipe, fittings, valves, expansion joints, hangers and supports, and other appurtenances. Where special fittings are required, they shall be shown in Targe detail with all necessary dimensions. The drawings submitted shall show flanged jointed sections placed so as to be removable without disturbance to the main pipe sections. 1.09 MARKING A. Number 10 standard oto conductor f the piper tracewire trace wall be e detaM spiral wrapped 14 for specifications regarding installation. B. Trace wire is required over all pipes. C. Location tape is required over all pipes. Tape is to be installed 12" below proposed grade. 1.10 INSTALLATION A. Unless otherwise noted on the drawings or in other sections of this specification, the pipe shall be handled and installed in strict accordance with the manufacturers instructions and with the applicable provisions of AWWA C600-99, or latest revision. If a conflict exists between the manufacturers instructions and the AWWA Standards, the manufacturers instructions shall govem. The Contractor shall use every precaution during construction to protect the pipe against the entry of non -potable water, dirt, wood, small animals, and any other foreign material that would hinder the operation of the pipeline. Where the groundwater elevation is above the bottom of the trench, the Contractor shall provide suitable dewatering equipment at no additional cost to the Owner. 02625 - 4 HAProjects\0741\Bidding Contract Specifications%Spec Template\2007402625 WM Ductile Iron Pipe and Fittings.doc All piping shall be placed in a dry trench, unless wet trench installation is approved by the Engineer and IRCDUS. B. Depth of Cover and Pipe Elevation: Unless otherwise shown on the drawings, or otherwise authorized by the Engineer, all pipe shall have a minimum cover of 36 inches. Contractor shall determine top of pipe elevation and top of ground elevation for every two joints of pipe installed using a level. Pipe must have the minimum cover described above and must be within +1- 0.2 feet of the top of pipe elevation indicated on the drawings. Installed pipe which does not meet these requirements shall be reinstalled until it does meet these requirements. Contractor shall record top of pipe and top of ground elevations and the locations of where these elevations were determined and submit this information to Engineer or his representative. Engineer reserves the right to have Contractor excavate and check top of pipe and top of ground elevations to see if they conform to the aforementioned requirements, at no cost to the owner. ** END OF SECTION ** 02625 - 5 H:\Projects\074118idding Contract specfigtions'Spec Templatee2007102625 WM Ductile Iron Pipe and Fittings.doc SECTION 02627 WATER MAINS POLYETHYLENE 1.01 SCOPE This section covers Polyethylene (PE) pipe and fittings water mains. 1.02 GENERAL A. Polyethylene (PE) pipe shall be allowed for use as water main pipe where compatible with the specific conditions of the project. The use of material other than PE pipe may be required by IRCDUS during construction permit review or. by IRCDUS field personnel, if it is determined that PE is unsuitable for the particular application. B. Documentation from the resin's manufacturer showing results of the following tests for resin identification: 1. Melt Flow Index ASTM D 1238 2. Density ASTM D 1505 C. All PE pipe and fittings shall be from a single manufacturer, who is fully experienced, reputable and qualified in the manufacturing of the PE pipe to be furnished_ The pipe shall be designed, constructed and installed in accordance with the best practices and methods and shall comply with these Specifications. Qualified manufacturers shall be: PLEXCO Division of Chevron Chemical Company, DRISCOPIPE as manufactured by Phillips Products Co., Inc., SCLAIRPIPE as manufactured by Dupont of Canada or equal asapproved by the Engineer. D. Finished Product Evaluation 1. Production staff for the items listed below shall check each length of pipe produced. The results of all measurements shall be recorded on production sheets that become part of the manufacturer's permanent records. a. Pipe in process shall be checked visually, inside and out for cosmetic defects (grooves, pits, hollows, etc.) b. Pipe outside diameter shall be measured, with a suitable periphery tape, to ensure conformance with ASTM F714 or ASTM D-3035, whichever is applicable. c. Pipe wall thickness shalt be measured at 12 equally spaced locations around the circumference at both ends of the pipe to ensure conformance with ASTM F714 or ASTM D-3035, whichever is applicable. d. Pipe length shall be measured e. Pipe marking shall be examined an checked for accuracy f. Pipe ends shall be checked to ensure they are cut square and clean 02627 -1 H:\Projects107411Bidding Contract Specifications\Spec Template120071.02627 Water Mains — Polyethylene Pipe.doc g. Subject inside surface to a "reverse bend test" to ensure the pipe is free of oxidation (brittleness). E. Stress Regression Testing 1. The polyethylene pipe manufacturer shall provide certification that stress regression testing has been performed on the specific polyethylene resin being utilized in the manufacturing of this product. This stress regression testing shall have been done in accordance with ASTM D2837 and the manufacturer shall provide a product supplying a minimum Hydrostatic Design Basis (HDB) of 1,600 psi as determined in accordance with ASTM D2837. F. Contractor is responsible for compatibility between pipe materials, fittings and appurtenances. G. The pipe MANUFACTURER shall provide a warranty against manufacturing defects of material and workmanship for a period of ten (10) years after the final acceptance of the project by the IRCDUS. The MANUFACTURER shall replace at no expense to the IRCDUS any defective pipe material induding labor within the warranty period. 1.03 MATERIALS FOR PIPE SIZES 3" AND LARGER A. Materials used for the manufacture of polyethylene pipe and fittings shall be made from a PE 3408 polyethylene resin compound meeting cell classification 345434C per ASTM D3350; and meeting Type lll, Class C, Category 5, Grade P34 per ASTM D1248 B. Polyethylene (PE) pipe shall comply with AWWA Specifications C906-90. C. If rework compounds are required, only those generated in the Manufacturer's own plant from resin compounds of the same class and type from the same raw material supplier shall be used. D. Dimensions and workmanship shall be as specified by ASTM F714. PE fittings and transitions shall meet ASTM D3261. PE pipe shall have a minimum density of 0.955 grams per cubic centimeter. All PE pipe and fittings shall have a Hydrostatic Design Basis (HDB) of 1,600 psi. E. PE pipe and accessories 3" and greater in diameter, shall be 160 psi at 73.4°F meeting the requirements of Standard Dimension Ration (SDR) 11 as MINIMUM STRENGTH. F. The pipe Manufacturer must certify compliance with the above requirements. 02627 - 2 H:1Projects%0741\Bidding Contrail SpecificationMSPec Tempiate%2007102627 Water Mains — Polyethylene Pipe.doc 1.04 MATERIALS FOR PIPE SIZES UNDER 3" A. Materials used for the manufacture of polyethylene pipe and fittings shall be made from a PE 3408 polyethylene resin compound meeting cell classification 345434C per ASTM D3350; and meeting Type 111, Class C, Category 5, Grade P34 per ASTM D1248. B. Polyethylene (PE) pipe shall comply with AWWA Specifications C901-96. C. If rework compounds are required, only those generated in the Manufacturer's own plant from resin compounds of the same class and type from the same raw material supplier shall be used. D Dimensions and .workmanship shall be as specified by ASTM D-3035. PE fittings and transitions shall meet ASTM D3261. PE pipe shall have a minimum density of 0.955 grams per cubic centimeter. All PE pipe and fittings shall have a Hydrostatic Design Basis (HDB) of 1,600 psi. E. PE pipe and accessories Tess than 3" in diameter shall be 200 psi at 73.4°F meeting the requirements of Standard Dimension Ration (SDR) 11 as MINIMUM STRENGTH. F. The pipe Manufacturer must certify compliance with the above requirements. 1.05 FITTINGS A. All molded fittings and fabricated fittings shall be fully pressure rated to match the pipe SDR pressure rating to which they are made. All fittings shall be molded or fabricated by the manufacturer. No Contractor fabricated fittings shall be used unless approved by the Engineer. B. The manufacturer of the PE pipe shall supply all PE fittings and accessories as well as any adapters and/or specials required to perform the work as shown on the Drawings and specified herein. C. All transitions from PE pipe to PVC or ductile iron shall be made per the PE, PVC, or ductile iron pipe manufacturer's recommendations and specifications, whichever is more stringent. A molded flange connector adapter within a carbon steel back-up ring assembly shall be used for pipe type transitions. Ductile iron back-up rings shall mate with cast iron flanges per ANSI B16.1. A 316 stainless steel back-up ring shall mate with a 316 stainless flange per ANSI B16.1. D. The pipe Manufacturer must certify compliance with the above requirements. 02627 - 3 H:\Projects\07411Bidding Contract Specifications\Spec Template\2007\02627 Water Mains - Polyethylene Pipe.doc 1 106 JOINTING METHOD A. The pipe shall be joined with butt, heat fusion joints. All joints shall be made in strict compliance with the manufacturer's recommendations. B. Lengths of pipe shall be assembled into suitable installation lengths by the butt -fusion process. All pipe so joined shall be made from the same class and type of raw material made by the same raw material supplier. Pipe shall be furnished in standard laying length's not to exceed 50 feet. C. The polyethylene flange adapters at pipe material transitions shall be backed up by carbon steel flanges conforming to ANSI B16.1 and shaped as necessary to suit the outside dimensions of the pipe. The flange adapter assemblies shall be connected with corrosion resisting bolts and nuts of Type 316 Stainless Steel as specified in ASTM A726 and ASTM A307. All bolts shall be tightened to the manufacturer's specified torques. Bolts shall be tightened alternatively and evenly. After installation apply a bitumastic coating to bolts and nuts. 1.07 PIPE IDENTIFICATION A. The following shall be continuously indent printed on the pipe or spaced at intervals not exceeding 5 -ft. 1. Name and/or trademark of the pipe manufacturer. 2. Nominal pipe size. 3. Dimension ratio. 4. The letters PE followed by the polyethylene grade in accordance with ASTM D1248, followed by the hydrostatic design basis in 160's of psi, e.g., PE 3408. 5. Manufacturing standard reference, e.g., ASTM F714 or D-3035, as required. 6. A production code from which the date and place of manufacture can be determined. B. Number 10 strained conductor copper trace wire shall be spiral wrapped or affixed to the top of all pipe and fittings. See Trace Wire Detail M-14 fpr specifications regarding installation. 1.08 INSTALLATION A. Polyethylene (PE) Pipe shall be installed in accordance with the instruction of the manufacturer, as shown on the Drawings and as specified herein, A factory qualified joining technician as designated by the pipe manufacturer shall do all heat fusion joints. B. Care shall be taken in loading, transporting and unloading to prevent injury to the pipe. Pipe or fitting shall not be dropped. All pipe or fittings shall be examined . before installation, and no piece shall be installed which is found to be defective. Any damage to the pipe shall be repaired 02627 - 4 H:\Projects\07411Bidding Contract SpecificationslSPec Template12007\02627 Water Mains — Polyethylene Pipe.doc as directed by the Engineer. If any defective pipe is discovered after it has been installed, it shall be removed and replaced with a sound pipe in a satisfactory manner by the Contractor, at his own expense. C. Under no circumstances shall the pipe or accessories be dropped into the trench. D. Care shall be taken during transportation of the pipe such that it will not be cut, kinked or otherwise damaged. E. Ropes, fabric or rubber protected slings and straps shall be used when handling pipes. Chains, cables or hooks inserted into the pipe ends shall not be used. Two slings spread apart shall be used for lifting each length of pipe. F. Pipes shall be stored on level ground, preferably turf or sand, free of sharp objects that could damage the pipe. Stacking of the polyethylene pipe shall be limited to a height that will not cause excessive deformation of the bottom layers of pipes under anticipated temperature conditions. Where necessary due to ground conditions, the pipe shall be stored on wooden sleepers, spaced suitably and of such width as not to allow deformation of the pipe at the point of contact with the sleeper or between supports. G. Care shall be exercised when lowering pipe into the trench to prevent damage or twisting of the pipe. H. Pipe shall be laid to lines and grade shown on the Drawings with bedding and backfill as shown on the Drawings. I. When laying is not in progress, including lunchtime, the open ends of the pipe shall be closed by fabricated plugs, or by other approved means. J. Pipe shall be stored on clean level ground to prevent undue scratching or gouging. The handling of the pipe shall be in such a manner that the pipe is not damaged by dragging it over sharp and cutting objects. The maximum allowable depth of cuts, scratches or gouges on the exterior of the pipe is 10 percent of wall thickness. The interior pipe surface shall be free of cuts, gouges or scratches. K. Sections of pipe with cuts, scratches or gouges exceeding five percent of the pipe wall thickness shall be removed completely and the ends of the pipeline rejoined. L. The pipe shall be joined by the method of thermal butt fusion, as outlined in ASTM D2657. All joints shall be made in strict compliance with the manufacturer's recommendations. 02627 - 5 H:1Projects10741‘Bidding Contract Specifications%Spec TemplateV007\02627 Water Mains — Polyethylene Pipe.doc M. Mechanical connections of the polyethylene pipe to auxiliary equipment such as valves, pumps and tanks shall be through flanged connections which shall consist of the following: 1. A polyethylene flange shall be thermally butt -fused to the stub end of the pipe. A carbon steel back-up ring shall be used on both sides of the connection prior to thermally butt -fusing the polyethylene flange. 2. A 316 stainless steel back-up ring shall mate with a 316 stainless steel flange. 3. Ductile iron back-up rings shall mate with cast iron flanges. N. Flange connections shall be provided with a full -face neoprene gasket. 0. All PE pipe must be at the temperature of the surrounding soil at the time of backfilling and compaction. P. No single piece of pipe shall be laid unless it is straight. The centerline of the pipe shall not deviate from a straight line drawn between the centers of the openings at the ends of the pipe by more than 1/16 -in per foot of length. If a piece of pipe fails to meet this requirement check for straightness, it shall be rejected and removed from the site. Laying instructions of the manufacturer shall be explicitly followed. Q. If a defective pipe is discovered after it has been installed, it shall be removed and replaced with a sound pipe in a satisfactory manner at no additional cost to the Owner. All pipe and fittings shall be thoroughly cleaned before installation, shall be kept dean until they are used in the work and when laid, shall conform to the lines and grades required. R. As soon as the excavation is complete to normal grade of the bottom of the trench, bedding shall be placed, compacted and graded to provide firm, uniform and continuous support for the pipe. Bell holes shall be excavated so that only the barrel of the pipe bears upon the bedding. The pipe shall be laid accurately to the lines and grades indicated on the Drawings. Blocking under the pipe will not be permitted. Bedding shall be placed evenly on each side of the pipe to mid -diameter and hand tools shall be used to force the bedding under the haunches of the pipe and into the bell holes to give firm continuous support for the pipe. Bedding shall then be placed to 12 -in above the top of the pipe. The initial 3 -ft of backfill above the bedding shall be placed in 1 -ft layers and carefully compacted. Generally the compaction shall be done evenly on each side of the pipe and compaction equipment shall not be operated directly over the pipe until sufficient backfill has been placed to ensure that such compaction equipment will not have a damaging effect on the pipe. The pipe manufacturer's representative prior to use shall approve equipment used in compacting the initial 3 -ft backfill. 02627 - 6 H: 1Projects107411Bidding Contract SpecificationsSSpec Template12007102627 Water Mains — Polyethylene Pipe.doc S. Good alignment shall be preserved during installation. The deflection at joints shall not exceed that recommended by manufacturer. Fittings, in addition to those shown on the Drawings, shall be provided, if required, in crossing utilities that may be encountered upon opening the trench. T. Each length of the pipe shall have the assembly mark aligned with the pipe previously laid and held securely until enough backfill has been placed to hold the pipe in place. Joints shall not be "pulled" or cramped." U. Before any joint is made, the pipe shall be checked to assure that a close joint with the next adjoining pipe has been maintained and that the inverts are matched and conform to the required grade. The pipe shall not be driven down to grade by striking it. V. Precautions shall be taken to prevent flotation of the pipe in the trench. W. When moveable trench bracing such as trench boxes, moveable sheeting, shoring or plates are used to support the sides of the trench, care shall be take in placing and moving the boxes or supporting bracing to prevent movement of the pipe, or disturbance of the pipe bedding and the backfill. Trench boxes, moveable sheeting, shoring or plates shall not be allowed to extend below the top of the pipe. As trench boxes, moveable sheeting, shoring or plates are moved, pipe bedding shall be placed to fill any voids created and the backfill shall be recompacted to provide uniform side support for the pipe. X. Concrete thrust blocks shall be installed at all fittings and other locations as directed by the Engineer. Minimum bearing area shall be as shown on the Drawings. Concrete shall be placed against undisturbed material and shall not cover joints, bolts or nuts, or interfere with the removal of any joint. Wooden side forms shall be provided for thrust blocks. Y. Restrained joints shall be installed where shown on the Drawings or as directed by the Engineer. 1.09 TESTING A. All PE water mains shall be field-tested. Supply all labor, equipment, material, gages, pumps, meters and incidentals required for testing. Pressure test each water main upon completion of the pipe laying and backfilling operations, including placement of any required temporary roadway surfacing. B. All water mains shall be tested at 150 percent of the operating design pressure of the pipe unless otherwise approved by the Engineer. The operating design pressure of the pipe is 100 psi. The test pressure shall be measured at the highest point along the test section by a recording type pressure gage and a copy of the readout shall be submitted to the Engineer upon completion of the test. All testing shall be conducted in the presence of the Engineer or his/her designated representative. 02627 - 7 H:\Projects\0741\Bidding Contract SpecificalionslSpec Tempiate\2007102627 Water Mains — Polyethylene Pipe.doc C. Testing shall be conducted after backfilling has been completed and before placement of permanent surface. D. Testing Procedure shall be as follows: 1. Fill line slowly with water. Maintain flow velocity Tess than two feet per second. 2. Expel air completely from the line during filling and again before applying test pressure. Air shall be expelled by means of taps at points of highest elevation. 3. Apply initial test pressure and allow to stand without makeup pressure for two to three hours, to allow for diametric expansion or pipe stretching to stabilize. 4. After this. equilibrium period, apply the specified test pressure and tum the pump off. The final test pressure shall be held for one to three hours. 5. Upon completion of the test, the pressure shall be bled off from a location other than the point where pressure is monitored. The resident project representative shall witness the pressure drop at the point where the pressure is being monitored. This shall be recorded and shall be shown on the recorded pressure read-out that is submitted to the Engineer. E. Allowable amount of makeup water for expansion during the pressure test shall conform to Chart 6, Allowance for Expansion Under Test Pressure, Technical Report TR 31/9-79, published by the Plastic Pipe Institute (PPI). If there are no visual leaks or significant pressure drops during the final test period, the installed pipe passes the test. F. In any test of pipe laid disclosed leakage significant pressure drip greater than the allowed, the Contractor shall, at his/her own expense, locate and repair the cause of leakage and retest the line. The amount of leakage which will be permitted shall be in accordance with AWWA C600 Standards. G. All visible leaks are to be repaired regardless of the amount of leakage. H. The Contractor must submit his plan for testing to the Engineer for review at least ten (10) days before starting the test. 1.10 CLEANING A. At the conclusion of the work, thoroughly clean all of the new pipelines to remove all dirt, stones, pieces of wood or other material which may have entered during the construction period. Debris cleaned from the lines shall be removed from the job site. If, after this cleaning, any obstructions remain, they shall be removed. ** END OF SECTION ** 02627 - 8 H:1Projects107411Bidding Contract Specific ationstSpec Template1200T02627 Water Mains — Polyethylene Pipe.doc SECTION 02630 MISCELLANEOUS VALVES AND APPURTENANCES 1.01 GENERAL A. All of the types of valves and appurtenances shall be products of well- established reputable firms who are fully experienced and qualified in the manufacturing of the particular equipment to be furnished. The equipment shall be designed, constructed and installed in accordance with the best practices and methods and shall comply with these Specifications as applicable. B. All valves and appurtenances shall have the name of the maker and the working pressure for which they are designed cast in raised letters upon some appropriate part of the body. C. All buried valves and appurtenances shall be mechanical joint. All above ground/exposed valves and appurtenances shall be flanged. D. Gate valves shall be used on water, sewer, and reuse mains. E. IRCUDS's Engineer on a case-by-case basis may approve valves and appurtenances other than those specifically called out in this Section for use. Criteria for approval shall include the interchangeability of the valve or appurtenances, or its parts, with those brands specifically called out in these Specifications. F. All exposed valves and appurtenances shall be painted per the Approved Manufacturer's Produce List. Water main shall be painted blue, force mains shall be painted green, and reuse mains shall be painted purple. 1.02 GATE VALVES (3 -INCH AND LARGER) A. All buried gate valves shall meet the requirements of AWWA Standard Specification C509-01, or latest revision. Valves shalt be rated for 150 -psi working pressure and a minimum 300 -psi test pressure. Valves shall be ductile iron body, bronze -mounted, resilient seated, non -rising stem type fitted with "0 -ring" seals. All bolts to be used in valve bonnet are to be stainless steel. The operating nuts shall be Standard AVVWA 2" square. All valves shall open counterclockwise. Stuffing boxes shall be the "0 -Ring" type. Gate valves shall be mechanical joint, ANSI Standards 21.11, except where shown otherwise. B. Where required, gate valves shall be provided with a box cast in the road and a box cover. Box cover opening shall be for valve stem and nut. The contractor shall provide valve wrenches and extension stems from the same manufacturer as the valve to actuate the valves. The floor box and cover shall be per the Approved Manufacturer's Product List. 02630-1 H:\Project\0741\Bidding Contract Specifications\Spec Template\2007\02630\Miscellaneous Valves & Appurtenances.doc 1.03 AIR RELEASE VALVES A. The air release valves shall be installed as shown on the Drawings. Valves shall be provided with a vacuum check to prevent air from re-entering the line. Aboveground air release valves for water lines shall be per the Approved Manufacturer's Project List. B. The fittings shall be threaded. Belowground air release valves for water lines shall be as per the Approved Manufacturer's Product List. 1.04 VALVE BOXES A. All buried valves shall have cast iron two or three-piece valve boxes with cast iron covers. Valve boxes shall be provided with suitable heave bonnets and extend to match finished grade surface as directed by the Engineer. The barrel shall be one or two-piece, screw type, having 5W shaft. Covers shall have "WATER" cast into the top for all water mains, "SEWER" cast into the top for all wastewater force mains and "REUSE" cast into the top for all reuse mains. All valves shall have actuating nuts extended to within 24 inches of the top of the valve box cover. B. Valve boxes shall be provided with concrete base and valve nameplate, with suitable anchors for casting in concrete. Nameplate shall be 3" diameter bronze disk with engraved lettering 1/8" deep, as shown on the Drawings and manufactured per the Approved Manufacturer's Product List. C. Valve boxes shall be installed in a concrete pad, as specified in Drawing Detail M-5. IRCDUS may eliminate concrete pad in asphalt pavement. 1.05 TAPPING SLEEVES AND VALVES A. Tapping sleeve and valves shall be stainless steel wraparound type of ductile iron on potable water mains. IRCDUS shall direct the contractor which type to be used. Tapping sleeve and valves shall be stainless steel wraparound type for wastewater force mains and reuse water mains per the Approved Manufacturer's Product List. ** END OF SECTION ** 02630-2 H:\Project\0741 \Bidding Contract Specifications\Spec Template\2007\02630\Miscellaneous Valves & Appurtenances.doc SECTION 02640 FIRE HYDRANT ASSEMBLY GENERAL Description of Work Fire Hydrant shall include furnishing and installation of dry -barrel traffic (break -away) type hydrant, 6" diameter gate valve; 6" diameter D.I.P. with integrally cast rotatable gland mechanical specifications and in close conformity to the locations and grades shown on the plans or as directed by the Engineer. Fire hydrant shall be of ample length for 18" clearance above centerline of roadway. Materials Fire Hydrant: Shall be made in accordance with AWWA Specifications C-502, latest revision thereof and including the following modification: Basic design shall be the dry top type which prevents the operating threads from coming in contact with the service water. It shall be of the compression type, opening against the pressure and closing with the pressure. The operating threads shall be contained in an operating chamber sealed at the top and bottom with a hold down nut and an "0 -Ring" seal. The Chamber shall contain hydrant lubricating oil or contain a ball thrust bearing above thrust collar. Main valve opening of the hydrant shall be not less than 5 1/4". Main valve seat shall be made of bronze and threaded into a bronze retainer ring. Hydrant seat ring shall be threaded into a bronze drain ring. The hydrant shall be so designed to permit the removal of all working parts from the hydrant up through the barrel without disturbing the earth around the hydrant or disassembling the nozzle section. This shall be accomplished by use of a short wrench which will engage the top part of the hydrant rod. Hydrant barrel shall be of the "breakable type" made in two (2) sections with the flange or break feature located approximately (2") above the ground line. The main valve stem shall be made in two (2) sections with a breakable coupling. 02640-1 H:\Projects\\0741\Bidding Contract Specifications\SPec Template\2007\02640 Fire Hydrant Assembly.doc 1 The operating nut, hydrant nozzles, direction of opening hydrant base outlet and painting shall be in keeping with those hydrants already in the system. Before ordering, Contractor shall submit detailed shop drawings showing nuts and threads for hose connections for conformance with Indian River County Utilities fire hydrant standards. Methods of Construction Prior to installation, the Contractor shalt inspect all hydrants and connecting pipe. Hydrants shall be inspected for direction of opening, nozzle threading, operating nut and cap nut dimensions, tightness of pressure -containing bolting, cleanliness of inlet elbow, handling damage and cracks. Defective hydrants shall be corrected or rejected and removed from the site at the discretion of the Engineer. Hydrants shall be set plumb and shalt have their nozzles parallel with or at right angles to the curbs, with the pumper nozzle facing the curb. Each hydrant shall be connected to the main with a (6") branch controlled by an independent (6") gate valve. Hydrants shall be located as shown on the Plans, or as directed by the Engineer, with the centerline of the lowest nozzle at least (12") above the established finished grade or as directed by the Engineer. END OF SECTION 02640-2 H:\Projects\\0741\Bidding Contract Specifications1SPec Templatc 2007\02640 Fire Hydrant Assembly.doc SECTION 02641 NON -PAVED DRIVEWAY RESTORATION GENERAL Description of Work This item of work shall include all furnishing of materials, equipment, testing, labor, and all else necessary to restore all non -paved driveways, including sub -base course materials. This item shall include all lime rock, shell, cemented coquina and Chattahoochee stone driveways. Materials and Methods of Construction Shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition, and Indian River County Standards as applicable. 02641-1 H:\Projects\\0741\Bidding Contract SpecificationssSpec TempIate\2007\02641 Won -paved Driveway Restoration.doc SECTION 02660 TESTING AND INSPECTION OF WATER MAINS 1.01 PRESSURE AND LEAKAGE TESTS OF UNDERGROUND PRESSURE PIPING A. Hydrostatic pressure and leakage tests shall conform with Section 4 of the latest edition of AWWA C-600 specifications with the exception that the Contractor shall furnish all gauges, meters, pressure pumps and other equipment needed to test the line. Engineer or designated representative shall be present during all testing, televising and final inspections. B. The pressure required for the field hydrostatic pressure test shall be 1.5 times the normal working pressure at the point of testing, and not less than 1.25 times the working pressure at the highest point along the test section, but not Tess than 150 psi (100 psi for force main.) The Contractor shall provide temporary plugs and blocking necessary to maintain the required test pressure. Corporation cocks at least 1 inch in diameter, pipe riser, and angle globe valves shall be provided at each pipe dead- end in order to bleed air from the line. Duration of pressure test shall be at least 2 hours. The cost of these items shall be included as a part of testing. C. The leakage test shall be conducted concurrently with the hydrostatic pressure test and shall be of not less than 2 hours duration. All leaks evident at the surface shall be repaired and leakage eliminated regardless of total leakage as shown by test. Lines that fail to meet tests shall be repaired and retested as necessary until test requirements are complied with. Defective materials, pipes, valves and accessories shall be removed and replaced. The pipelines shall be tested in such sections as may be directed by the Engineer by shutting valves or installing temporary plugs as required. The line shall be filled with water and all air removed, and the test pressure shall be maintained in the pipe for the entire test period by means of a force pump to be fumished by the Contractor. The amount of water required is a measure of the leakage. D. The Contractor must submit his plan for testing to the Engineer for review at least five (5) working days before starting the test. The t and Contractor shall remove and adequately dispose of all blocking ari equipment after completion and acceptance of the field hydrostatic test, unless otherwise directed by the Engineer. Any damage to the pipe coating shall be repaired by the Contractor. Lines shall be totally free and clean prior to final acceptance. E. The Engineer or the Engineer's representative must be present during testing. 02660 -1 H:\Projects\07411Bidding Contract SpecficationslSpec TemplateV007\02660 Testing and Inspection of Water Mains.doc F. No thrust blocks shall be backfilled until inspected by IRCDUS inspectors. G. Before the pressure testing of new pipelines against existing Indian River County valves can commence, the lines shall be properly chlorinated, sampled, and bacteriologically approved. 1.02 DISINFECTING POTABLE WATER PIPELINES A. Before being placed in service, all potable water pipelines shall be chlorinated in accordance with the latest edition of AWWA C-651, "Standard Procedure for Disinfecting Water Mains." The procedure shall be approved by the Engineer. The location of the chlorination and sampling points will be as specified by the Florida Department of Environmental Protection, Water Distribution System Permit. Taps for chlorination and sampling shall be uncovered and backfilled by the Contractor, as required. B. The general procedure for chlorination shall be first to flush all dirty or discolored water from the lines, and then introduce chlorine in approved dosages in accordance with Table 1-1 through a tap at one end, while water is being withdrawn at the other end of the line. All water flushed from mains shall be directed into rear or side yard ditches. The chlorine solution shall remain in the pipeline for no less than 24 hours. C. Following the chlorination period, all treated water shall be flushed from the lines at their extremities and replaced with water from the distribution system. Bacteriological sampling and analysis of the replacement water shall then be made by the Engineer in full accordance with the AWWA Manual M23. The Contractor will be required to rechlorinate, if necessary. The line shall not be placed in service until the requirements of the State and County Environmental Health Department are met. D. Special disinfection procedures shall be used in connections with existing mains, and where the method outlined above is not practical. E. The Contractor shall make all arrangements necessary with an independent commercial laboratory approved by the Department of Health and Rehabilitative Services (HRS) for the collection and examination of samples of water from disinfected water mains. These samples shall be examined for compliance with HRS requirements. Sampling shall be made daily and continuously until two successive examinations are found satisfactory. Should three examinations be found unsatisfactory, the line shall be flushed and disinfected again. Certified copies of all laboratory analyses shall be provided to the Owner. The cost of all sampling, flushing, and disinfecting shall be included in the contract price, and no additional charge shall be made to the Owner for this work. County personnel shall operate all valves and be present to determine and control the volume of water used for flushing. 02660 - 2 H:\Projects\0741\Bidding Contract Specifications1Spec Template12007\02660 Testing and Inspection of Water Mains.doc TABLE 1 —1 Chlorine Required to Produce 25-mg/L Concentration In 100 Foot of Pipe by Diameter Pipe Diameter (Inches) 100 -Percent Chlorine (Pounds) 1 -Percent Chlorine Solution (Gallons) 4 0.013 0.16 6 0.030 0.36 8 0.054 0.65 10 0.085 1.02 12 0.120 1.44 16 0.217 2.60 " END OF SECTION ** 02660 - 3 H:\Projects\0741\Bidding Contract Specifications\Spec Template12007\02660 Testing and Inspection of Water Mains.doc