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HomeMy WebLinkAbout2009-210N INDIAN Rivj--i,'R COUNTNI F-01. m 'R-ITI-W N BOARD OF(` ,�:���N�' �C)���-TMISS-1 dtS Bid No: 2009046 - UCP # 2830 16" Reuse Water Main Extension Along Lateral G Canal, 16" Reuse Water Mair m 57th Street to 53rd Street WIP # 472-169000-08513 Masteller & Moler, Inc. 1655 27"' Street, Smite 2 Stephen F. Moler, P.E. FL.#33193 Vero Beach, FL 32960 Vice President INDIAN RIVER COUNTY DEPARTMENT OF UT'ILI'TY SERVICES 16" Reuse Water Main Extension Along Lateral G Canal -AND- 16" Reuse Water- 57th Street to 53rd Street TABLE OF CONTENTS DIVISION 0 BIDDING_ AND CONTRACT REQUIREMENTS 00020 Advertisement for Bids 00100 Instruction to Bidders 00300 Bid Form & Trench Safety Act Compliance Statement 00410 AIA Documont 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 01381 Audio Visuai Documentation 01410 Testing Laboratory Services 01445 Pipeline "Testing and Cleaning 01600 Delivery, Storage and Handling 01630 Substitutions and Product Options 01700 Contract Close-out 01710 Cleaning 01720 Project Record Documents 01721 As -Built Survey 01740 Warranties and Bonds TABLE OF CONTENTS (Continued) DIVISION 2 TECHNICAL. SPECIFICATIONS 02000 Water and Wastewater Utility Standards 02115 Tree Protection and Trimming 02116 Debris Removal 02200 Earthwork 02320 HDPE Directional Boring 02401 Dewatering 02485 Grassing 02576 Pavement, Sidewalk, and Driveway Replacement 02610 Restrained Joints, Excavation and Backtilling 02524 Reuse & Wastewater Forco Mains Polyvinyl 7 )ioridc, Pipe and Fittings 02627 Water, Meuse Mains and Wastewater Force Mains Polyethylene Pipe 02629 Existing Wastewater Main improvements Abandonment 0 630 Existing Reuse Main Adjustments 02632 Miscellaneous Valves and Appurtenances 02634 Line Stops 02636 Water Main Connections 02641 Non -Paved Roadway Restoration 02660 Testing and Inspection of Reuse Mains -END OF SECTION` 1)' IvOora Q:oo l Gonlo*• one DIVISION 0 BIDDING AND CONRACT REQUIREMENTS 00020 Adverlisernent for Bids 00100 Instruction to Bidders 00300 Enid 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 gond 00612 Payment Bond 00700 Standard General Conditions of Construction Contract 00800 Supplementary Conditions 00850 Drawing Index 00900 Addenda 00901 Approved Permits SECTION 00020 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY The Indian River County (IRC) Board of County Commissioners is accepting sealed bids for the construction of the "16" Reuse Water Main Extension Along Lateral G Canal --AND— 16" Reuse Water- 57th Street to 53rd Street, Bid No. 2009046 - UCP # 21330." Bids will be received by Indian River County marked "Sealed Bid" until 2:00 P.M on Wednesday, July 15. 2009. 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 "16" Reuse Water Main Extension Along Lateral G Canal —AND - 16" reuse Water- 57th Street to 53rd Street , Bid No. 2009046 - UCP # 2830." Only bids received on or before the time and date listed will be considered. Bids should be addressed to Purchasing Division, 1800 27"' Street, Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2.00 PM Deadline for receipt of bids has peen set for Wednesday, July 15, 2009. All bids received after 2:00 P.M. will be returned unopened. All material and equipr:ilent 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 27"' Street,_Suite 7 Vero Beach. Florida 32.960_(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 Masteller & Moler, Inc.. in the amount of One l3undred Twenty -Five ($125.�(?o1l1rs for each set, which represents cost of printing, handling and is non-refundable. Communications concerning this bid shall be directed to _IRC Purchasing Department at 772-226-1416. All bids shall be submitted in Duplicate on the Bid Proposal forms provided within the specifications. 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 sure 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 be 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 Non -Mandatory Pre -Bid Conference meeting will be held on Tuesday. June 30, 2009 at 2.00 P.M. in the Indian River County Utilities Services Conference Room Al -216 at Indian River County Administration Building A (South), at 1801 27`" Street, Vero Beach. FL 32960. This meeting is NON -MANDATORY. INDIAN RIVER COUNTY PURCHASING MANAGER For Publication in the Vero Beach Press Journal (Date) Thursday_,lune 11, 20G9 Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 271111 Street Vera Beach, Florida 32960 00W0 1 SECTIO! 00100 INSTRUCTIONS TO BIDDERS (Cased Upon E.JCDC 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" rneans one who submits a bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder The terra "Successful Bidder" means the lowest, qualified, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid. Instructions to Bidders. The Bid Form, Disclosure of Relationships Statement, General Information Regarding Bidder, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.02 COPIES OF BIDDING DOCUMENTS A. Complete sells 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 and/or Stephen E Moler, P.E., Masteller & Moler, Inc., 1655 27" 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 p'epared to complete the work within the stated time period. 1.04 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. It is the responsibility of each Bidder, before submitting a bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost progress, performance, or furnishing of the work. (c) consider federal, state, and local laws and regulations that may affect costs, progress, performance, or furnishing of the work, (d) study and carefuliy correlate Bidder's observations with the Contract Documents. and (e) notify Engineer of all conflicts, errors, or discrepancies in the Contract Documents 00100 1 D D;VfS10rypl(i✓' ID, V Itioc"'I 1" HO-.vrsdkr B. reference is made to the Supplementary Conditions for identification of. 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 date, 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 at (772) 226-18121. The site is located from 57`h Street to 771h Street along Lateral G Canal AND 57"' Street to 53'd Street begins within a 30' easennent located in the Waterway Village site. Those drawings of physical conditions in relation to exisfing ,,,urface and subsurface conditions (except under, ound 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 1.04.61 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. 0. 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 Conditioris. E. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies. and obtain; any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance. or furnishing of the work and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. F On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the sits to its former condition upon complet!on of such explorations 00100.2 1)'.OIViSiON 0 ))1(1Q 1:n!1,e_•,n,i 7,., Wont'!:, 01�t 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. M The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this the Instruction to Bidder, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods. techniques. sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding f all terms and conditions for performance and furnishing of the work. 1.05 INTERPRETATIONS AND ADDENDA A. All questions about the meanings or intent of the Contract Documents are to be directed in writing to the Purchasing [department. Interpretation or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for the opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will not be binding and will be without legal effect. B. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Only the interpretation or correction issued by Owner or Engineer by Addendum shall be binding. Prospective Bidders are advised that no other source is authorized to give information concerning the documents or to explain or interpret the documents. C. All Bidders will acknowledge in the space provided for in Section 00300 BID FORM, the receipt of all Addenda and will confirm that the Addenda have been considered in the preparations of their proposal 1.05 BID SECURITY A. Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum base bid price and in the form of a certified or cashiers check or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5 01 of the: General Conditions. B. The Bid security of the Successful Ridder will be retained until such Biclder 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 1) niVISIGN(),DoI 1.n*011. 1 �e!5 not The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh (7) day after the effective date of the Agreement or the ninety-first (91) day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with bids which are not competitive may be returned before the end of the ninety -day (90) period. 1.07 CONTRACT TIME The number of days within which, or dates by which: the work is to be substantially completed and also complete and ready for final payment (the Contract Time) are set iorth in the Bid Form (Section 00300) and the Agreement (Section 00530). 1.05 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement (Section 00530). 1.09 SUBSTITUTE OR "OR EQUAL" ITEMS The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or `or equal' item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraph 6.05 of the General Conditions and may bre 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 mirst 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 BEd Form). G. The address and telephone number for communications regarding the Did must be shown. 00100.4 :? `.Ai'Ji`i�!'td @d��S�� 7-�>tru<]:.•,n In f1r�d�:,S _ae L1. 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 ort the forma. or an exact copy of the farms, furnished herewith. The blank spaces on the Bid Form shall be filled, in correctly for each Bid Item for which a Bid submitted. B. The Owner will consider only those bids received from parties who have obtained Contract Documents directly from the Owner or the Owner's Engineer. Contract Documents 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 returned. Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents 1.13 OPENING OF BIDS Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 1 14 BIDS TO REMAIN SUBJECT OF ACCEPTANCE All bids will remain subject to acceptance for ninety days after the day of the laid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 00100-5 D t01101t,'ION t?,U,.'1{;i; hW,Jct,1-, 'r,s fr;.1i1� 0 1.15 AWARD OF CONTRACT A. towner reserves the right to reject any and all aids, 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 herew.." . B. In evaluating Bids, Owner will consider the qualifications of the Bidder, whether or not the Bids comply with the prescribed requirements, and such alternates. unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. C. Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of subcontractors, suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice to Award. D. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the 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 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 Stich collusion will be considered in future proposals for the same work H. Within fifteen (15) calendar days of the date of the Notice of Award of the Contract. the Bidder to whops the Contract is awarded shall execute and deliver two (2) 00'00-s raYayi %tic! '07tG@iica.L:Iiini;,;Kjflv3?cn original Contracts to the Owner, together with a Payment Bond for 100% of they Bid, a Performance Bond for 100 percent of the Bid in the forms set forth in the Contract Documents and General Conditions; and all required insurance certificates before the Contract will be executed by the Owner. Failure upon the part of the Bidder to whom the Contract has been awarded to execute and deliver the Contract Payment and Performance Bonds and required insurance in the manner and within the time provided shall be dust 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 PAYME=NT AND PERFORMANCE BONDS The successful Bidder as Contractor shall furnish the County immediately upon execution of the Contract a Performance Bond in an amount equal to 100 percent of thG contract price and a Payment Bond in an amount equal to 1 OC - ercent of the contract price, each in the form provided in the Contract Docurnents The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties. The successful Bidder shall require the attorney-in- fact, who executed the Payment Bond and the Performance Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the successful Bidder shalt 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 93049308. "The Contractor shall provide two separate bonds. a combined Payment and Performance Bond for 100 percent of the contract price is not an acceptable substitute. 1.17 PUBLIC DISCLOSURE STATEMENT Any entity entering into a contract with Indian River County as Owner shall disclose any relationship that may exist between the contracting entity and an Indian River County Commissioner or Indian River County employee. The relationship with either must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law. son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, .stepdaughter, stepbrother, half brother, half sister, grandparent, or grandchild. The term "affiliate' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 1 18 FLORIDA PRODUCED LUMBER The selected Bidder as Contractor agrees to comply with the provisions of Section 255 20, Florida Statutes, as such statute may be amended from time to time, wherein Indian River County as Owner must specify lumber, timber and other forest products produced and manufactured in Florida whenever such products are available and their price, fitness and quality are equal. 0010-7-7 1.19 TRENCl1 SAFETY Florida Statutes Suction 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 1 Tench Safety Act Compliance Statement and provide compliance cost inforaiation 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 riot 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), • ay 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 riot 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 ENCS OF SECTION 00100-8 �•rK3tS!5 d"'c Tri--S«re CorporaLj.on (Company Name) SECTION 00304 BID FORM (Based Upon EJCDC No.C-700, 2002 Ed.) PROJECT IDENTIFICATION; Indian River County Sid No 2009046 -- UCP # 2830 ♦n" n_-.__ .u.. 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: A. 16" REUSE WATER MAIN E 'ENSION ALON LA T ERAt�Q CANAL Indian River County (IRC) proposes to construct a 16" reuse main and abandon an existing 8" sewer force main within the Indian River Farms Water Control District Lateral "G" Canal right-of-way from 571' Street (Storm Grove Road) to 77"' Street (Hobart Road), a distance of approximately 15,200 LF. The proposed 16" reuse main will be constructed along the alignment of the existing 8" sewer force main for approximately £,525 LF of the project. It is the intent of IRC that the 16" reuse main be constructed in the trench of the removed 8" sewer force main, and that the removal/construction take place simultaneously for this portion of the project. The remaining 6,675 LF of the project will be constructed at a different route from the existing 8' force main. It is the intent of Indian River County that the existing 8" force main will be capped and abandoned in place per IRCUD and FOEP requirements. D, 'i 6" RIeLFSE WATER 141iAtiV - 67� STREET TO 53RD STf2El�T Indian River County proposes to construct a 16" reuse main starting at 5V Street heading north within a 30° utility easement located in the Waterway Village site, crossing the North Relief Canal and then paralleling the west property line of the Indian River County RIB site, then crossing the Indian River Farms Water Control Distri^.t Canal G-1, and ending at 571t' Street (Storm Grove Road). The project includes approximately 1,910 LF of proposed 16" rause main to connecting to the existing lines on 53"' Street and 57u' Street. The projects consist of, but Is not limited to; utilities exploration, coordination with permitting agencies, trenching, dewatering, removal and grouting of existing pipe, Installation of pipe with fittings and all appurtenances; valves, writ taps, pipe Joint restra€ners, air release valves, and directional bares; soil compaction, testing, restoration of both paved and non -paved areas, and traffic control. THIS 810 IS SUBMITTED T'O; Indian River County Purchasing Department 1800 270' Stmt Vero Beach, FL 32960 00340-1 v v��raar ry gr+�,a t r �atat rs - cObrg­"J OU7& arrax c"=t0N 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 furnlsh 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. T his 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 (90) calendar days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as mora 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 ac' lowiedged): Date Number 7/09 (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 exarriination, 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 adddlonal examinations, lnvestigatioras, explorations; tests, reports, studies or similar information or, data in respect of said underground 00300,,2 Y:inv��k^QOi 27V�?fi ;W SMCinC.,�1T 0NS - Gated 0627 & (b7701.e":S'�r SiON Va`?�` 0 Old FOM.Ox 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. (f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Kidder. (Ft? This bid is genuine and not made in the interest of or on behalf of any undisclosed pet -son, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; bidder Ila$ not directly or indirectly induced or solicited any ether Bidder to subrrrit a false or sham Bid; Bidder has not solicited or induced any person, frrrrr 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 furtfrer 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 worse will be completed in accordance with the following timeframe. (a) Within 16 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 ail utilities and other cffected parties prior to initiating construction. (b) From 16 calendar days to 120 calendar days from the effective date of Notice to ProceeJ, the CONTRACTOR shall complete the following tasks: 1. Install a!I pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pile-const(uction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. OW -111 1'ir nWoraje ti atlC+f3xi1Rr3hiittq lE fF Aiio - coir ¢ted OUY & OM tOMSON QW= OW Rm doc (c) From 121 calendar days to 150 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. Perfonn contract closeout procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 6. The following documents are attached to and made a part of this Rid: (a) Certificate of Compliance with the Florida Trench Safety Act (Section 00300 Bid Form). (b) Disclosure of Relationships (Sectioli 004521 (c) General Infonnation Required for Bidders (S' L - "'ion t3W:66) 7. The terms used in this Chid, 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. 00300-4 Y 5rexm� 7�A i?Gt lO ,r K`�ATroAiS - *W 0627 & p x74 lit S t3X5rW) W FOM -dM i1 DENDt)M fl Page 4 Indian River County Department of Utilities SCHEDULE OF BID ITEMS Project: 16" ReLso Water Main Extension Along Lateral G Canal (57th Street to 77th Street) -AND- 16" Reuse Water Main - 57th Street to 53rd Street Indian River County Bid No. 2009046 -+UCP # 2030 f3idstole i —� 61d Rom t'aii 1 Vtimatod 9)nit of s4aarostre I lr_i-Sure Qori)oration (Crxnpan Name) Total 1 12' Rinse Main Adjustirient - adjust @ C1 Castel 1 LS 40.00 6,400.00 ) , 2 16" Reuse Main Adjustment -Cut & Remow:? G1 Cana! - 1 — LS {k) 5A54 TF 2.50 13,635.00 Subtotal - A. REUSE WAIN kDJUSTt+MENTS __._.�( 3 3 48" PVC Rouse Main 15,105 LF Project Record Documents (As uift Survey)L LS 1.5 wo 000 15 000.00 t 4 12" FVC Reuse Main 30 LF 20.00 600.00 B 8" PVC RtI Matn_ 70 LF I5.()U 1 050.00 6 18" ii.D.P.E. Directional Boring 2,110 LF 93.00 196 230.00 7 16" Gate Valw & Box 20 EA 4500.1,'0 90 8 T t2^ Gate Yalu & I3ox �� —3 2 250.0() 000.00 6 750.(X) 9 Air Release Vatwes (4" Stainless Steel) 5_ EA 000.00 ie Wet Tap Sleeve Yd Tapping Vahe - 16" x 16" 3 EA x000.00 i1 Wet Tap Sleew vd Tapping Valva - 8" x 8" _ _2 _ 30,()00.00 12 8" PVC Seus'r Force Main - Abandon In Plane 4,675 lF J, 13 8" PVC Sewwer Force Main - Remove & Dispose 8,525 LF 67s . al 14 Debris Remowo! 1 LS Subtotal - D. REUSS MAIN = -7-)r, *)ze rv, 15 Pavernent, Sidewalk, Cart Path and Diwvm Replacement 160 SY 40.00 6,400.00 16 Non -gated Road�M & Driwe" Restoration 050 IF 6.00 5,700.00 17 Grassing (Sad) 5A54 TF 2.50 13,635.00 i8 Grassing (Seed) Mulcts) 9,()00 _ LF� 1.00 9 000.00 93 Project Record Documents (As uift Survey)L LS 1.5 wo 000 15 000.00 Subtotal - C,GEAIFitAL = 49,735-00 SUBTOTAL OP A, B & C =r -7,9—o.9 70.0() Section i] Subtotal TOTAL CONSTRUCTION COST BIL? 903,O67.0 0 Unless ctherMse tisied abou+, tie unit price bid for furnishing and ins ulialonAocvishucAu:s of rnair,s Shull Include, but is not Irmi9ed t, compliance with Contract Requ!nirn+ents (Division 0) & General Rebuiroments (oVision 1), unites e)pkwafion, coordrnabon 'Alth Any perrI agencies, rudra �lsual doa;menta6an, bviching, remoung, disposing of and replacing unsL bite (ie., plaste or civanic) rrI dewaWrq instattabon of pipe Arid att appurbenrarsalls, fittings, dace wires. sfe*wes, reatizirws, VI tench, roti 00"npac60k di3in"art, flushing. s"plhng pots, aamoing, swing (incivaea providing temporary jumper or wlotyer apprayet mesTrasl 1134 Rtll(V water m4 n). lr ripaiorr re"r, remowl, disKisMon and eeplacement of rurtaoa a.er Vench 00 Pr&-c69rf9tAdCQM oorsAO", (11I rAt0a 0411yPOW(AWKor rldA-*ilk dam&W or destroyed, tra1Rft Md!:ef�tt3.'SC@hXltt$vr, densobliliza lon, Trends .Sa"Ari CompAance, Insunnoa,154)Nnent florid am pee- srrrta,'soe Imo, au',d 00nS KillOrs 033-9 4t m18111"instills" E1"37 b. per FDOTrnd Indian Riwes County Uf tySUMarcls and 3perafica"t; as al.plicatect unt"is otherwrite no" In the W d'wr e its. C.on#:sc t swill be pr *Wv d wilt, a oIcnnsb,xdxon vaoad:nates to, use in prepttring Reccord DmvAngs Basis ofaward that be as desrrtbod in f�eoojoo Sa "EDULE OF BID ITEMS Unless otherwise listed above, tiv; unit price bid for furnishing and installation/construction of mains shall include, but is not limited to, compliance with Contract Requirements (Division 0) R General Requirements (Division 1), utilities exploration, coordination with any permitting agencies, audio visual documentation, trenching, removing, disposing of and replacing unsuitable (i.e., plastic or organic) material, dewatering, installation of pipe and all appurtenances, trace wires, sleeves, restrainers, filling trench, soil compaction, disinfection, flushing, testing, irrigation repair, removal, disposition and replacement of surface over trench to pro -construction conditions, restoration of any pavement or sidewalk damaged or destroyed, traffic niaintenance!control, demobilization, Wrench Safety Act Compliance, Insurance, Payment Bond and Performanm gond, and construction staking. All materials and instaliation shall be per EDOT and Indian River County Utility Standards and Specifications as applicable unless otherwise noted in the bid documents. Contractor vriiI be provided with a copy of construction plans in AutoCAD format, which includes location reference to state plane coordinates to use in preparing Project Record Documents. I have attached the required 5% Sid Security to this Bid. BIDDER INFORMATION: SUBMITTED ON: July 20,2009 - (DATE) SUBMITTED BY: Tri --Sure Corporation (NAME OF BIDDER) SIGNIED BY: P. 0. Box 653 Auburndale, FL 33823 863-967-5506 (STREET ADDRESS) (0-ry, STATE, ZIP) (PHONE #) 8('35.5�_��ifa� --- 0:71V#) i kat- . , — M - (E-MAIr ) 51498145 (FEDERAL ID P., 040073 W - (FLORIDA LICENSE #) i.� (PRINTED NAME) (TITLE) COT610d € W a OrrOLCONISSIM 0WV0 FsW rom doc _ TRENCH SAFETY ACT COMPLIANCE STATEMENT Project 16" Reuse 'Water Main Extension Atone, Lateral G Ca Water Main -- 67 Street to 63rd Street Bid Number 2009046 -- UCP # 2830 Instructions Florida Statutes Sections 563.60 through 553.64, known as the 'Trench Safety Act' requires all contractors engaged by Indian Fiver 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 casts for complying with the Trench Safety Act must be incorporated into this Projects base Sid. Certify this Statement in the presence of a notary public. Certification 1. 1 understand that the Trench Safety Act requires me to comply with OSHA excavation safety standards found in 29 G.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 corrallintire with The Trench Safety Act will be: -_ Dollars1.00 per linear foot of trench to be excavated. 3. The estimated cost imposed by compliance with the Trench Safety Act will be: len _ ollars1_ o. per square foot of special shoring used. 4. The amount listed above has been included within the Base Bid. Title: President STATE OF: El ar i da _ COUNTY OF: I'nLk The foregoing instrument was acknowledged before me this 2001day of July . _,2009 by__-- - Jason Chambers wbo is Notary My Commission Expires: (affix seal) it, 100 "M or has produced take an oath. �. �kc ', Zi dar l r irr 3C�4rMa�is -G nbi*W (*21 A OTIO ;+ SION CW3W W Foot dac. If Biadpr is: A COR !ORATION I {By:_ _ 1`ri-tinr�{;nr(ytr i(inn (Corporation Name) r'da (State of rporation) By: Jason (;fiambers -- (Name of a on Authorized to Sign) - - — ties ident (Corporate Seal) Clench M. Chanwers, Secretary Business address: P. 0. Box 653 Business address: Auburndale, F1 33823 (General Partner) *END OF SECTION* (SEAL) 00300.6 d: Ysimli' d� 4S�41f 3Z i4t3f."► i'i #F1C A�IUtd r r Cmt*iw M7 & 07TO GOt5 &Gtj OW3W (W pore do,, 3 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' 004101 THE AMERICAN INSTITUTE OF' AR(21-1 I'll' E UP S AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Tri -Sure Corporation 2014 Lake Ariana Blvd Auburndale, Fla 33823 as Principal, hereinafter called the Principal, and Merchants Bonding Company .2100 Fleur Drive Def; .Moines Iowa 50321 a corporation dilly organized under thy: lawn: of Lht: Stats Iowa as Surety, hereinafter called the Surety, are held and firmly bound unt,., Indian River County Board of County Commissioners 1600 Twenty Seventh Street Vero Beach, FL 32960 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE AMOUNT BID------------------------------------------ Dollars($ 5% )t for the payment of Which :tlnl woll and truly to be made, the said Principal and the said Surety, bind ourselves, our: heirs, executors, administrators, successors and a;:it3ns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 1611 Reuse Water Main Extension along Lateral G Canal -and 161, Reuse Water 57th Street to 53rd .Street. Bid No. 2009046 -UCP #2830 NOW, TNEPEpORE, if the Oirllgoe e1:e11 accept the t,1d of the Pttnctpal and the Principal h.1l enter Into a tont tact •with the Otlt,; a t; 1 --Al—, -11. the tvtr of Ruch bid, and give ouch bond or bonds as nwy be specified In the bidding or C—tract t!oru—ts with pool and sutfaclent sutety fun the fauhtet t—fotean.e of such Cohttaof and Lor the pa—pt pry cnt of labor and nutterlals furnished in the ptoaecutica thereof, or in the event of the falUn a of the Principal t, enter sdcL Contract acd give su,bbond t bends, if the Principal 'hall pay to -lie Nrllgee the difference not to aaceed the penalty $&feet tetveen the amount specified In said b/d and Ruch latget amount tot which tLe Obligea —y in good faith contract with another patty to petfe,ra, th, wota coveted by nal•. lid, teen this o 1lgation nhall to null a,l void, fat,:. and effect. Signed and sealed this 13 day of _ July , 2009 IiYi4t)) _cal ;ritlo Attorney -13i -Fact 6 Florida Pesident F,_7`nt Brown & Brown of Florida, Inc. FO Box 1`1-19 Tampa, FL 33CS4-5519 1nr111iri B1 -??i-1 37 AIA MC(MNT A310 » DID BOND • AIA o a FEBRUARY 1970 ED. a THE rlt'.£RIQUI INSTITUT OF ARCHITECTS, 1.735 N.Y. A -%FF , H.W. , WASHINGTON. 0.C. 20006 '4� BONDJNG COMPANY FLOWER OF ATTORNEY t(nowtNI t etsons lay l hese Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), it corporation duly organized under the laws of the State of Iowa, and having its principal office In the City of Des Moines, County of Polk, Stale of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Joseph W. Lollres(i, Steve Ayers, Anna Lee Duncan, N is Bush, Miry Jane Owvn of 'Tampa and State of Florida its true and Lawful Allorney-in-haci, with full paver and authority hereby conferred in its name, place and stead, to sign, execute, ackrowicdge and deliver in its behalf as surety any and all bonds, undertakings, re yognizances er other written obligations In the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of EIGHT MILIAON ($8,000,000.00) Ii€ 11, RS and to bind the MCRCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as it such hand or undertaking was Signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorneyfrt,Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This f ower-of-Atlomey is made and exaculed pursuant to and by authwity of the foil—ting Amended Substituted and PeVated By taws adopted by live Board of Directors of the MCRCHAiTTS 13ONDING COMPANY (,,,UTUAL) on November 16, 2007 ARTICLF Il, SECTIOiJ 8 - The Chalm,an of the Board or President or any Vice President or Secretary ,hall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seat of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof. ARTICLE ll, SECTION 9 - 'The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution ;and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. in Witness v'Aiereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by Its President and its corporate seal to be hereto affixed, th1s201h day of May , 2009. \NG CQ,q�A . 1933: • •eY• STATE OF IOWA COUNTY OF POLK ss. Mt_RCHANIS BONDING COMPANY (MUTUAL) Rj Az.'� / 77lee'o- President On this 20th day of May , 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the co T.oration descrbed in the foregoing instnrrrent, and that the Seal affixed to the said Instrument Is the Corporate Seat of dw said Corporation and that the said Instrument was signed and scaled in behalf of said Corporation by authority of its Board of Directors. In Testimony tAMereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines. Iowa, the day and year first above wsilh n. CINDY SMYTH o•� �ali7itS�tlt�fe6 !✓/ Mardi 16, tin' Notary Pubic, Polh County, biva .STATE or iovvA COUNTY OF POLK ss 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MU IUAL), do hereby certify that the abnve and two.going is a true and co,tect copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MVI`UAL). wNch is stili ai full force and effect and has not been amended or revoked in Witness Whereof i have hereunto set my hand and affixed the seal of the Coinpany on this is d.+y of .July , 200a . POA 0001 (1109) Secr�Eary f _T I_-�udtna�ica�� (Company Name) SECTION 00439 SCHEDULE OF SUBCONTRACTORS The following are the subcontractors to be used if the undersigned is awarded the contract for this project. NAME & ADDRESS -rYPE OF WORT{ t• fastellerMnler, Reed & 9l<�aytor �_ _Survey,anr W-1ts 1635 27th St., Suite 2, Veno Beach, F1, 32.960 A & R Video —Audio visual ins-LICctioiy -- --- 1110 Hollow Brook Lane Total dollar amount that will be awarded to Sub -contractors: 20,000.00 MOTE: The above Schedule of Subcontractors will become a part of the contract to be awarded and must be submitted in writing to the OWNER for approval prior to that sub -contractor performing the work. *END OF SECTION" 00431-1 Y.Mtlt:�li�n5�s*a#i1 0±�Er 27Uy1LkIM9f�k. r'F { A18UE-0� • C%x UMd OW7 & 077(1i,f,.'YM SION "I ScfodJe of $U�tnttaR's," 4"C1 =g SECTION 00452 DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Hid, Proposal or Contract No. Bid No. 2009046 -- UCP # 2830 for the 16" Reuse Water Mair mons Lateral O Canal MAN©– 16" Reuse Water Main – 57 Street to (i3''Street . This sworn statement is submitted by:__ Tri --Sure Corporat.ion (Name of entity submitting sworn statement) whose business address is: P • a • Box 653, Auburndale, Fl, 33823 — _ arid (if applicable) its Federal Employer identification Number (FEIN) is s 19-14 98 14 5 2. My name is Jason Chambers (Please print name of individual signing) and my relationship to the entity named above is President 3. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: Tile term "afliliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister. uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. Please indicate which statement applies. N Neither the entity submitting this swam statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105.08, Indian River County Code, with any County Commissioner or County employee. 00452-1 Y-VrmV3,tqeds%oVXM27W)MltfisPECIFICATioNs - tConubinsd 0627 ti 077CLGVCJR1fha ON 0=452 Disclosure of R6abomhips doc. � r 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: 0.4. (�L (s nature) "�a`soni'l�ambers, E'esiucnt _ July 20, 2009 (date) - STATE OF Florida COUNTY OF ° Personally appeared before me, the undersigned authority, ja,%u cna 1,P ; who after zU�July being sworn by me, affixed his/her signa�ture in the space provided above on this lay of _ y , 20 o r � ary t'Ublic, to at large My Commission E res: 13owy FMC • SAF Gf Poft • r�E Wte,2010 4 ,`�• COM*WM 0 DO 64W Oa�+M 'END OF SECTION* 00452-2 Y.VMIOPmiad,AVOM*2AADM$� M�,r' PLS CWICATWN`' • Carsaf i {Sra2i OTiO4.Gb*�Ma iP� G" 4 2 �ssc tssrtc of ii t �s hilt , Name of Affiliate or Entity� - Name of County —! Commissioner or Em to ee------ Relationship _ �- —-_—____--__—. 3. 6. 0.4. (�L (s nature) "�a`soni'l�ambers, E'esiucnt _ July 20, 2009 (date) - STATE OF Florida COUNTY OF ° Personally appeared before me, the undersigned authority, ja,%u cna 1,P ; who after zU�July being sworn by me, affixed his/her signa�ture in the space provided above on this lay of _ y , 20 o r � ary t'Ublic, to at large My Commission E res: 13owy FMC • SAF Gf Poft • r�E Wte,2010 4 ,`�• COM*WM 0 DO 64W Oa�+M 'END OF SECTION* 00452-2 Y.VMIOPmiad,AVOM*2AADM$� M�,r' PLS CWICATWN`' • Carsaf i {Sra2i OTiO4.Gb*�Ma iP� G" 4 2 �ssc tssrtc of ii t �s hilt , Tri -Sure Corporatiati (Company Name;) SECTION 00466 GENERAL. INFORMATION REQUIRED OF BIDDERS The undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Additional sheets shall be attached as required. Documentation Submitted with Indian River County Bid No: 2009046 - UGP # 2830 for the 16" Reuse W 6" Reuse Water- 57th Street to 53rd Street - i. How many years has your organization been in businesp -is a General Contractor? 2. Describe and give the date and owner of the last project that you have completed similar in type, size, and nature as the one proposed? ri ty of Palm t•ay. 53.99.7 000.00 completed in June 2009 3. Have you ever failed to complete work awarded to you? If so, where and why? NO 4. Name three Individuals or corporations for which you have performed work and to which You refer: -'!fV n{oj' - FlcaridA Park Water Coffin an , Lake Wales, Florida Indian River Count. 5. Name of person who inspected site or proposed work for your firm: Name: Jason Chambers Date of Inspections: July 2009 Describe any anticipated problems with the site and your proposed solutions: 004WI Y t� r'+t is rytl7A�rr.SlK P9cJ1Yk7P� • f p it+aa C 7 a snrOlcSEitti 4a+�ta OW456 Covw d h4>1rA" Rtq nW a Wlditr cbx 6. Will you Subcontract any part of this Work? If so, describe which portions: Audio V�11.n�9?i?ri+1Y�j.t3tltl_�11L1iLts 7. Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. Additional information will be required in accordance with the Instructions to Bidders (Section 00100). PAVING: SURVEYING: Masteller, Moler, need & Taylor, 2655 37th St., Suite 2 , vTro acacIi, 11 :52960 TESTING LAB: t3. What equipment do you own that is available for the work? 710 J John Deere rubber tired backhoe 928 H Caterpillar Loader Kong s , r ackhop 9. What equipment will you purchase for the work? Done 10. What equipment will you rent for the work? None I 11. Florida Contractor's License No: __ cuco 40079 I 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.) r inancial _statement wi I 1 be submi tr:�d u Q rrn�,e5r T �r L� 111IWO 1.03) �rrr r i r 004W2 ; i Y.+vja4tmR:t1095Q�Z7Wtt�SPt�t�riCd!'CIU�IS-1�oaq! S�Z7 S 97'a�1.4"�Y4Si�14!1L1+S43�P Gr�r�t M�Axteran tZ�ryuN� d EiaSir�S..� 13. List the names and titles of ALL officers of Contractor's firm: Jason Chambers, President Glenda M. Chambers, Secretary --Treasurer 14. State the trace and exact, correct, and complete name under which you do business. BIDDER is: _ Tri -Sure_ Corporation 15. State your total bonding capacity: 16. State your bonding capacity per job. $4,000,000 17. Please provide name, address, telephone number, and contact person of your bonding company. Joe LoPresti, Brown & Brown, Ine., P. 0. Box 15519, Tampa, FL 813--226-1312 NOTE: If requested by the County, the Bidder shall furnish a financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. 'END OF SECTION* 00456.3 Y: idf�PSIP[ ifYGIR�'W7lki con twv d act 6 67TCl-GEIkVF$m OVUM (Awww koxrrv"V fi #*Md aF p+mm ow SECTION 00530 - EJC OC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement" or "Contract"), dated theday in the year 2009 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Tri -Sure Corporation (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree 'els follows: ARTICLE 1 WORK 1.1 CONTRACTOR as an independent contractor and not as an employee shall furnish and completo all of the necessary labor, material, and e ,L)ipment to perforin the work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not limited to: A. 16" REUSE WATER MAIN EXTENSION ALONG LATERAL G CANAL Indian River County (IRC) proposes to construct a 16" reuse main and abandon an existing 8" sewer force main within the Indian River Farms Water Control'District Lateral "G" Canal right-of-way from 57"' Street (Storm Grove Road) to 77`' Street (Hobart Road), a distance of approximately 15,200 LF. The proposed 16" reuse main will be constructed along the alignment of the existing 8" sewer force main for approximately 8,525 LF of the project. It is the intent of IRC that the 16" reuse main be constructed in the trench of the removed 8" sewer force main, and that the removal/construction take place simultaneously for this portion, of the project. The remaining 6,675 LF of the project will be constructed at a different route from the existing 8" force main. it is the intent of Indian River County that the existing 8" force main will be capped and abandoned in place per IRCUD and FDEP requirements. B. 16" REUSE WATER MAiN - 57i' STREET 1Y0 53" STREET Indian River County proposes to construct a 16" reuse main starting at 53rd Street heading north within a 30' utility easement located in the; Waterway Village site, crossing the North Relief Canal and then paralleling the west property line of the Indian River County RIB site, then crossing the Indian River Farms Water Control District Canal G-1, and ending at 57`h Street (Storm Grove Road), The project includes approximately 1,910 LF of proposed 16" reuse main to connecting to the existing lines on 53't' Street and 57"' Street. C. The projects consist of, but is not limited to: utilities exploration, coordination with permitting agencies, trenching, dewatering, removal and grouting of existing pipe, installation of pipe with fittings and all appurtenances; valves, wet taps, pips joint restrainers, air release valves, and directional bores; soil compaction, testing, restoration of both paved and non -paved areas, and traffic control. 00530-1 ARTICLE 2 ENGINEER The project has been designed by Masteller & 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 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 15 calendar days frorn effective c_late 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 c recc —ling and uocursrentation 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, equiprnent, 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 120 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 arenas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) ants b) constitutes Substantial Completion. (c) From 121 calendar days to 150 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall cornplete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perforin contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER :and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expanse and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on tinge. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CON f RAC.TOR shall pay OWNER Four-Nundrad and Fifty Dollars ($450.00) for each day that expires rafter the Urne; specified in Paragraph 3.1 for Substantial Ci0!,e3U-1 Completion, if CONTRACTOR shall neglect. refuse or fail to complete the remaining work within the Contract lime or any proper extension thereof gr<rnted 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. 3,31. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surely or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this Agreement. 3.3.2. In addition to the above -stated liquidated darn ages, the CONTRACTOR! shall be responsible for reirnbursing OWNER for all _ -sts incurred by OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the arnount of �_903,067.00 ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will bo ; processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 progress Patents; The OWNER shall make progress payments to the CONTRACTOR o►} the basis of the approved partial payment request as recommended by ENGINEER irs 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 (60%) 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 perforrned 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 @Felt casts. Each request for a progi€;ss payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRPkCTOR'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 tht; number of units completed. After fifty percent (%i 'O) cowipletion, and pursuant to Florida Statutes section 2183 735(8)(d), the CON I RACTOR may subalit a pry request to 00530-14 the County as OWNER for up to one half (112) 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 CON t RAC f -OR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of Such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (500%) completion; and 2) CONTRACTOR will not soek release from the County as OWNER of the withheld retainage until the final pay request. 5.8 Paragraphs 5.' 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, wifederal Ir.rnds 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 comp t.:ed, anti 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 Acceotance 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 otheRvise, 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 Docurnents, 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 exploration% and testi; of subsurface conditions and drawings of physical conditions which are identified in the supplcrmentafy 0053E-4 Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplomentary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of (lie 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 re<luired by CONTRACTOR for SLICh 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 ternis and conditions of the Contract Documents, including specifically the a. -visions 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. ARTICt_E 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRAC-TOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Performance and Payment Bonds (Sections 001610 and ("10612). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8A General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). 8,6 Specifications bearing tho title '16" Reuse W alc r Main Along Literal G Canal —AND— 16"' Reuse, Water-. IfLgjtrs�t. tea 5?rff:�troc,t" as listed in the isabte of content, hereof. 8.1 (Drawings, inclusive: with each sheet bearing the following general title "16",ROUS'Q Water Main Fxt�'nsion Along L iteral Q Canal" --AND-- "16" Reuse: Water_ s h Streetto _53rd Street - 8.8 Addenda numbers 1 -to 2 inclusive. 8.9 CONTRACTOR'S Bid (Section 00300). 8.10 Specifications bearing the title "IRCDUS Water and Wastewater UtilitvStandards, FEBRUARY 2008", or the latest version thereof. 8.11 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto, All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. Thera are no Contract tDocurnents other than those listed above in this Article 8. Tho Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General. Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 0.2 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, agreenients and obligations contained in ahe 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. Venire 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 CONTRAC f OR 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 C6NTRACTOR in the performance of the work under this Agreezn-icnt. This indemnification and hold harmless provision shall survive the termination or Expiration of this Agreement. The indemnification is firnited to Ski million per occurrence. {sf, rOo 6 9.7' Pledoe of Credit. The CONTRACTOR shall not pledge the OWNLR'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 rer�resents that it has no obligation of indebtedness th�ilt would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records, The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agre-en;ent. ******A*!#***R*iC*R##!#*cA**#ARAA##*##**#*v*******A*****A***A**********#*A*****#****#*#****#!*#*********<****C***eY* IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on � l OWNER Indian River uou� Board n Countvv Commissioners 4' osley S. Davis, Chairman Attest: J. K. Barton, Clerk of the Circuit Court By: iw�Lu, szlt - Deputy Clerk A. Bird, County Administrator CONTRACTOR �M" 'L ,Jason Chambers, President It,/ �� (C ORAT - SEAL) Attest: --- i ''��_ _.�-- ✓ 5e.ex 1 x 1) A roved as to Form and Legal Address for giving notices P.O. Box 653 2024 Lake Ariana Boulevard ity Atiburridale, Florida 3382.3 _ Address for riving notices Li{.e►►se No. CUCO 40 079 1Q01 27`' Street A far set -vice pf pr* .ss: Vera Be, ach, rtorida 3296() *FNn OF SECTION' 0053k)-7 20`10t!) THIS COCUMENI HAS 6 _EN mond No. 1'LC 65302 RECORDED IN THE Pll9.IC Rt �OSOS OF INDIAN RIVER COUNTY FL SECTION 006p0 'SK 2364 PG 338, Papot of 9 03r2M20M M 02'28 PM.. JEFFREY K BARTON, CLERK OF COURT PERFORMANCE BOND THIS IS AN INSTRUCTION, NOT DART OF THE BOND. The bond must state on its front page: the name, principal business addrosa, and phone number of the contractor, the surety, the owner of the property tieing Improved, and, if different from the owner, the contracting public entity, the contract number assigned by the contracting public entity; and a description of the project gufft ent to ldanflfy If, sur'h as a legal description or the street address of the property being hrcpvved, and a general description of the Improvement, and the bond number. KNOW ALL ?SEN BY riESE PRESENTS: 6Y THIS BOND, We. Tri -Sure Corporation' _ _ _1 as Principal, fend Merl Bor-di a Cam�any °` _, a comoratlon, as Sureti, are held and firmly bound unto the County of Indian River, Florida, in the sum I#a€r>tl,.6") ), amounting to 1+000 of fibs total bid pn(-4. Foe the payment 01 said sum m bifid ourwives, our heirs, exerAora, administrators and assigns, jolntly and severally, for the faithful. performance of a certain written Contract, dated the ���i . day of , 2009, entered into between this Principal and the County of Indian River, for: Project Name: County Project Bid Number. ,2009045 County UCP Number ,. 2530 Project Address: Project Description: CONTRACTOR shrill complete all work as specified or Indicated In the Contract Documents. The work Is generally described as follows which shalt include, bud is not necessarily limited to ttte follodving: CLEM5E R MEN SI N ONl t.A • RC 1 Indian River County (1110) proposes to construCI a 16" reuse main and abandon an existing 8' sewer force maim within the Indian River Farms Water Control District Lateral 008 Csnal right-of-way from 571' Street (Storm Greve Road) to 771l" Strut (t'taba t Road), a distance of approximately 15,200 LF. The proposed 16' reuse main villi be constructed along the alignment of the existing 8' sewer force maim for approximately 8,525 LF of the project. It Is the Intent of IRC that the 16° reuse attain be constructed In the trench of the removed 8' sewer force main, and that the removal/construction take place simultaneously for this portion of the project. The remaining 6,675 LF of the project will be con>structod at a different route from the existing 8° forcers main. It is the intent of Indian River County that the existing 8` force main 411 be capped and abandoned In plana per IRCUD and FDEP requirements. Tn-SUIV Corporation, 2024 Lake Aruna k3tvt±., AuW-Male, Ft. 33923 (863) 96? 5506: —AND - •• Merd+arts 130tidiny Company, 2100 Fleur Dtive, Des Meims, to%a 50324-k t�J €9E�Jt Ii?Ei • 8t 7i •••N<r,9 Hr,rcdrecS. 7fiuer3 Thousand, slaty SavQn Dollars and No Gcnts ($1,103C,6700) it rtsira� ldOtrYt 4 Cs al Si Cii'1�;ATSidlh6f� • Cambk d OUT & 0710MO 't iON €7iEk 110 r"* t«n&mA f3, 4,3 ig ++ l - 57� T T _ €ndian River county propoaas to conatmet a 16" reuse main starting at 53`d Street hooding north within i4 "I utility easement located in the Waterway Milago alto, --raftsing tha North Relief Gana and then paraliofing the west property line of the €ndien River county RIB site, then using the Indian River Farms dater Control District Canal G-1, and ending at 67 Street (Storm Grove Road). The project Includes approximately 1,910 LF of proposed 16° reuse main to connecting to the oxisting lines on 633 Street and Vt�' Strut. The pmlecto conalst of, but Is not limited to; 0110es exploration, coordination with pormItting agenclos, tranching, dawatteding, oval and grouting of existing pipe, Inas,allatton of pipe write fltUngs and all appurMnanaas; valves, wat taps, ptt6 JOInt ° tratne , air release valves, and direWonal porn; call compaction, touting, F'ai't( tabor of both paved and non -paved aroas, and tmfflc control, A copy of avid Contract is Incorporated herein by reference and is made a part heroof as d fully copied herein. NOW, THERF-FORtr, THP -,CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal ehatl In ail rerspeota Gampty WVA the terms and conditions of said Contract and Its obligations thereunder, inciuding all of the Contract Documents therein referred to and made a part iha,'00f, and such alterations ae My be made In the Contract Drawings and Specifications as therein provided for, and shalt indemnify and save harmless the County of Indian River against and from alit expenaea, roans, 4,,d attorney's fees, Including appellate proceedings, as set forth in tho Contract, that O�vnear suatains b use of a daroagos, injury or conduct, want of care of skill, neollponro or defauft, including patent infringement on the part of the Principal, tris agents or ampioyaa*, In tho exa"tlon or por€ormanee cf said Nrrtract, and furthar, if tha Principal shall promptly make peymants to all who supply him with labor andlor materiale used directly or Indirectly by the Principal in the prosecution of the Work provided for In said Contract, then two obligation ahall be null and void; otherwise, the Frinelpai and Surety, jointly and severally, agme to pay Indian River County any difference between the suns that Indian Rimer County may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fees (including appellate p dings), which the County of Indian River may incur as a result of the failure, of the Principal to property executer all of the provislons of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, adminletratore and assigns, jolr+tiy and sev"lly, that they w l)l amply and fully protact the County of Iridian River against, and will pay any and all amounts, darnages, costs and judgments which may be rewvered against or which the County of Indian Diver may be calked upon to pay to any person or donation by reason of any damago arising from the performance of the said work, repair or -maintenance thereof, or the -manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reasons of the use of any material furnished or work done, as aforesaid or otherwise. AND, tiro sold 6uraty, for value received, horeby stipulate and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed "rounder, or the Specifications or Drawings ar=mpanylng the carne, shall In any way affect its obligations on this Bond, and It does horeby waive notice of any such change, extension of tins$, alteration or addition to the terms of the ntract or to the Work or to the 6pecificatlons or Drastwhvss. 1CI-2 Y Cow~ 0027 a QT'i'Qi,v.+ imaloti 04013io Po trn-A 0 0d,d� ,AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain In full force and effect for a period of we year commencing an the date of Substantini Completion as established on the Certificate of Substantial Completion as issued by tha County of Indian Fiver. principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained In the Contract Documents are expressly covered by and made a part of this Stand, Principal and Surety acknorMedge ttmt any such provisions lie within their obligations and within bhe coverage; and limitations of this Bond. Florida Statutro Sin 255.05 (20M, a3 anted fr `r Ume to time, together with all notico and time provisions contained In subsection (2) of Florida Statutos Section? 255.D6 (2007), is Inco orated herein in lig entirety by this refer+enao. IN WITNESS WHEREOF, the above tend °ties oxecuted is instrument under thin several aid, dais $tit.. h . clay of, 4ah����.�,g �s the name andrrporate seal of each corporate party teeing hereto affixed and these presents duty signed by its undersigned representative, pursuant to authority of its govemhg body. ato at as DON* md• A w• 4 d a am d l Rdp ORbbaw a on*a%Paz am o d dm Rise no a dol Rdd sd m d ad d m■w Ub a a m as a a xt WHEN THE PNCIPA L !S A 9—R—Pi? ' . MON: u. re Cwporatloi5 iFtary N of CoMora f t1 Y 4 �1 d �Y •. DY; (Afoot Corporate SEAL) -A ,- Printed Fume. Official Title CER TIM `L`+T.IM T ORMFiM PRINCW& I�atAW cortly that I am ow Secretary of the corporation named as P.d.nel�pal in the within t3a d; that �W C-ts who signed the said boat an behalf of the principal was than r Pr of said ration; that I know his slgnab , ` ark bla signature thereto Is genuine; and that said Sond was duly signed, sealed and sittfmW behalf of Sold c orporWon by authority of Its governing body. g ; - <• . f�!V. . S ob" (S ' a 00810-3 r.on����na+r�ra�ocr+ror • c:cr� � Q�r�C•��i �+i$0 �'�I�EFR°4341,6 �c 7 i SU Attest: Merchants Bonding Company ' Cn rUtO Su � ley a succi rpcl " 2100 Fleur Drive, Jas Moines, Iowa 50321-7 t5t3' Bond Assistant (800) 678-8171 BuWnwm Address W.M."130 .loseph W. LoPresti, Attomej -In- Fact & Florida Resident Agent lLiW A BMwn of PSInd Inq, Name of LOMI Agel P.O. Box 15519, Tampa, FL 3,. 584 (+813) 226 - 1322 6uslnme VW - STATE OF Florida COUNT` OF U-tlshouguah Before me, a Notary Public, duly commWoaxd, quallEted and adM pemnalty appeared Joseph W. LoPresli to, me wall know[;, who being by me first duly wmm upon oath, says that he Is ft attorney4ril fact for the Merchants Donding !C ro spany and that he has been authorised by Morchants Borxit-Company to e do tyle fTegoin g bond on WWI of the CONTRACTOR named'hwmmin favor of the County of Indian River, Ftwida. Subsefibed and errs, is before me this Lah day of August �, 20 09 - _ 4—% F.. ry Pub11c,(;ta1e of , 1l13di May t1, ZOiO My Cortlmi>S8;on E.xplr�: �., 6END OF SE-CMr ASltLEY O J46;Luccl >•�`� �a��P&k • stats elf � y 5510?3 '•?R;;t '` Bor4cd By Nlit ADI Nc#ry Assn. Y +a r4te9' 't Ca€i"aA7:ti( - cw~ OUT a o7'TCIi..G'Eyvstt?t111 410 r'wmrttrtrsara rte ves,00c Bond No. rLC 66302 SECTION 006112 PAYMENT BOND THIS IS AN INSTRUCTION, NOT PART OF THE BOND The bond must state on its front page: the name, principal business address, and phone number of the contor, this surety, the owner of ft property being Improved, And, if different from the owner, the contracting public entity; the owtmct numbor assigned by the contracting public entity; and a deackIption of the project. suf.Wwt to Iderlti'fy it, such rsa a le-3al description or $hi street a(dreas of the Property ging ImKoved, and a general description of the Improvement, and the bond number. KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we Tri-Surs c; rporation_ _Y...,�,...,,, , as Principal, and hRerth�nt� �nndin� Company � 0orporatiorc, as Surety, aro hold ertd fsrrnty bound unto tie Gounty of Indian River, Fon ft S.. , of Nine Hundred,_Three Thousand and Si Sven •,, 00118rs ($203,e6, UMOUI-ting to 100% of the tote bid pirlea. For the payrrsent Of said sum we bind cursetvas, our heirs, executors, adminlehators and assigns, jointly qnd. severally, for the faithful performance of a oertasin written Contract, dated the 1 x� daffy of � t sL- V- --1 2009, entered into between the Principal and the County of tndisin Riva , for~` r: Project Name: " County ProjW Sid Number: a„ ZQQ9046 County UCP Number. Q, rim Project Description: CONTRACTOR shall complete alt work as apWfied or indicated In the Contract Documents. The wo* Is generally described as fellows which shall Include, but Is not necessarily limited to the fallowing: at REUSE ATF—R_AKWU-NStf?N A�i�Tivi2AL CANAL. Indian River County (1110) proposes to construct a 16* rouse main and abandon an eAsting S' sewer force main within the Indian River Parma Water Control District Lateral 'O' Canal tight -of -way from 57"' Street (Storm Grove Road) to 771h Street (Hobart Road), a distance of approximately 15,200 LF. The proposed 16* reuse main will be constrarscted along the alignment of the existing S' sewer force main for appro:dmately 13,626 LF of the project. it is the Intent of IRC that the 16' rouse twain be constructed in the trench of tt;e removed 0" sir force mains, and that the removal/construction take place simultaneously for this portion of the project. The remaining 6,575 LF of the project will be constructed at a different rotate from the existing 6' force main. it is the intent of Indian River County that the oxisting 6' farce mairr vain be capped and abandoned In place per IRCUD and O=CFP requirements. Tri -Sure Corporation, -0:4 Lake Mana Blvd, Auburndale, €r. 33823 (863) 967 - 5506 •• KIIC113n(s Bonding C_xynparry, 214rr r=iev Oritie, Des Mouses, icwa 50325.1158 (8001 678 - 8171 ...H nG Hundred, Tl�rv- T11c-32r,d, Sixty Seven Volims m4 NO Gents ($903,06700) OMi2-1 Y: ms ec, fa�sl(1 i1AL' '€�rbSe^LC�r +1i i • corrIP444 0027 4 Q770t.CV=10N V"Az 1?", -4 &,c 6- REUSE: WATER MATIN - 67"' STRM' TtID !� S Indian River County propos to construct a 16" reuse main starting at 63d Street heading north within a 30' utility easemnt located in the Waterway Tillage site, crossing the North Relief Canal and then paralleling the west property line of the Indian Enver County RIB site, than crossing the Indian River Farms Water Control District Canal G-1, and ending at 57th Street (Storm Grow Road). The project includes approximately 1,910 LF of proposed 16' reuse main to connecting to the existing lines on 5e Str t and 57°' Stmt. Tho projerft consiaE of, but is not tlrttttod to: utli thm exploration, coordinaftn with pe kung agenclos, t ncbing, dewatering, ronioval and grouting of oa#tn 4 pipe Installation of pipe v4th matings and all appurtonssi ; Valve*, wot taps, pipe Joint restralners, air mutase valves, and dlmctional force; Boll compaction, testing, restorsdon of WtJi ved and non-pavod amas, and ftaft- control. A Copy of said Contract Is Incorporated herein by reference and Is made a part hereof as If fully copied herein. NOW, niEREFORE, THE CONDITIONS OF THIS OI IJGATION ARE SUCH, that, if the Principal shall promptly make payments to all calmants, as herein below defined, then this obligation shall be void; otherwise, thio Bond shall remain in full foorce and effect, subject to the following tome and conditions: 1. A claimant is defined as any person supplying time principal with labor, materials or supplies, used directly or indirectly by the Prtndpal In the prosecution of ,the Work provided for in said Contract, and is further defined In Florida Statutes Section 713.01. 2. Florida Statutes Section 255.45 (2097), as amended from time to time, together vrith all notice and time provisions contained In subsection (2) of Florida Statutes Section 255.05, Is incorporated herein in its entirety by this reference The Surety, for value received, herby stipulates and agrees that no chaWe, egension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall In any way affect its obligations on this Bond, and the Sup -sty hereby waives notice of any such change, extension of time, alterations of or addition to they terms of the Contract, or to the writ or to the Spectfic ationms. The Surety represents and warrants to the County of Indian River that It has a Best's Key Rating Guide, General Policyholder's raft of "A -Vit". The Principal and Surety jointly and severally covonant and agree that thio Brand will remain in full force and effect for a period of one year commencing can the date of Substantial C<amplation err; established on the Certificate of Substantial Completion as issued by the County of Indian River. The Principal and ;surety jointly and severally, agree to pay the County of Indian River all losses, damages, rinses, costs, and attorney'a fry, including appellate proceeclings, that the County of Indian River sustains because of a default by the Principal tinder the Contraca. fiF"`fN,NS � Cmrk*M EW7 # C1F"J'ctc%1' Haltom Q"12 IF'*rr--d 94--d We IN WITNESS WN1;1 EOE, the above bound parties axecutod this instrument under their several suis, this jL, day of August , 2409 the name an+i corWate soul of each corporate party boing tjoreto affixed and these presents duly signed by its undamigned representative, pursuant to authorRy of its goveming body. Attest: �g'd �� 7ri Sure Cc ID'Mary NkM4 of BY: ,M��rN��s■ ., ":4 i Corporate' St.Y zei i Printed Name at1 Official `CO ik1 As",'ctrtlfy that j am the Secretary of the corporation named as Pd t.ir::; the within be !r, who signori the �€d bond on �itlaif of fhb r was den _ ti" _ _af saki corporation: that i know his signet Ad',�rs �. algnsture thereto is genuine; and that said Bond was duly signed, seated and attea�Or. behalf of Said corporation by authority of Its governing may, A", A; (SEAL) 00612-•3 Y:E s+Y' ' t�7i rAGa �t 3CA 1 • CwWMd X27 & O7'MO.. }NI&ON 0"12 Psisr*,-A BoM ao: Attest: -Ji L I at � Qn Q i I nttA�-j Morchants Bonding Compfiny Colgate $"ty 2100 Fleur Drive, Res Moines, Iowa Ashley DeGoducd (80) 677.0171 bond Assistant � 911 i"Irs tee AAAk iQa BY, a • )CIO (Aft Corporate SEAL, Joseph W. LoProsfi Atto y -In -Fact Brawn & Brown of Florida, Inc. N>arne of LOW Ageney P.Q. Box 16519, Tampa, FL 33644 (613) 226 - 1322 Business Address STATE OF Flarida COUNTY OF ugh -41 s r. •4�.Y C s �� Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Josepn vr. LaPrestl to me well known, who beet by me first duly sworn upon oath, says that he is the attorrley4rr-fact for the merchants Bonding ComQanv Ona that he has been authorized by Merchants, Bonding com an to eXeMite the foregoing bond On behalf of the CONTRACTOR named therein in f>eyor of the County of Indian River, Florida. Subscribed and sworn to before me this 181n —clay of August , 2QR9 My Commission Expires: May 11, 2010 Notary Public,otate of Z. ®END OF SECTION" CO. 124 it r§rdsi�o lcA •�'+ a G�IIF& h7 fi9 ` CVr&*44 IWI & OTAXS'`rr t4'OR W)612 P*Yt110i Bf. rC . MERCRAN BONDING COMPANY POWER OF ATTORNEY Know All Persons By Theso Presents, that the MFRCHANTS BONDING COMPANY (MUTUAL), a corporation duty organized under the laws of the Slate of Iowa, and having Its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made• constituted and appointed, and does by these presents make, constitute and appoint Joseph W. LoPresti, Steve Ayers, Anna Lee Duncan, Min Bush, Mary Jane Gwyn of 'Tamp.. and State of Florida Its true and lawful Mtorneyin•Fa t, with fufi power and suthority tvreby coferred in Its name. place and stead, to sign, execute, acknowledge and deliver in its bohatf as surety any and all bonds, undertakings, r"rilzances or other written obligations In the nature thereof, Subject to the limitation that any such instrument shall not exC.eed the amount of: RIGHT MILLION (58,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attomey-in-fact, pursuant to the euthotity herein given, are hereby ratified and confirmed. This Pawdr•ot•Altomay is made and executed pursuant to and by authority of the following itvtw nded Substituted and Restated By - Laws adopted by the Hriard of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16. 2002. ARTICLE If. SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -In -Fact, ind to authorize them to execute on behalf of the Company, and attach the Seat of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligalory in the nature thereof. ARTICLE II, SECTION 9 • The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Mereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seat to be hereto affixed, this 26th day of May , 2009. eb pri�rR" coy ��• 1933 ; STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By 7 7,7� President On this 20th day of May , 2009 , before me appeared Larry Taylor, to me personally known. who being by me duly sworn did say brat he +s president at the MERCI iANTS BONDING COMPANY (MUTUAL). the corporation described in the foregoing instrument• and that the Seal affixed to the said instrurtk:nt is the Corporate Seal of the said Corporallon and that the said Instrument was si9r.9d arxf seaied in behalf of said Corporation by authority of its Board of D rectors In Testimony Whereof. I have hereunto set my hand and affixed my Official Seal al the City of Des Moines, Iowa, the day and year fust above written- CINDY g G&�mtr� :4 viNotary Pure^C, Palk County. zovV3 STATE OF I0VVA COUNTY OI- POLK ss. 1, ir,,ifiiam Wamer. Jr., Secretary of the ML=RCtiANTS BONDING COMPANY (MUTUAL), do hereby Certity that tl',e above and forelgoing is a true and mrect Daly of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), wl os still in full force and effed and has not been amended or tevoke.d; d In 0fitness 1°lhereof. I have hefeunto�,eT. f14 >f t?)d D o1Jx'e Company on this 18th day of August 2009 . ~ #+� r' 0 POA 0001 (1/09) . CORD CERTIFICATE OF LIABILITY INSURANCE Tt Tt (,DD YYYYt 863.688.S495 FAX $63 .688.4344 THIS OERTIFiCATE IS ISSUED AS A MATTER OF INFORiAATIC)I1 - Herndon & Associates Insurance, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOCS NOT AMEND, EXTEND OR P 0 Box 3608 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lakeland, IL 33802 INSURERS AFFORDING COVE -,RAGE NAIC III INSURED Tri -Sure Corporation NSu:rrtn FCCI P 0 Box 6S3 ;NxF;_lt:, Bridgefieid Employers Ins Co Auburndale, FL 33823 r,cL,REH ' MlSUIilTt ? INSURLIi L COVERAM Eit- P.-)LI61cs OE INSURANCE LISTED ETELOVv HAVE BEEN IS',ULD TO THE INSURED NAMED A(10vC FOR THE POLICY 1`I7RI00 !NDICAY('D Vl�T:�.'ITHSTAi.DIA1G ANY REQUIREMENT. TERM OR CONDITIOI•. or ANY CO`ITRAC r OR OTHEP DOCUMENT'ViT,+ 17,7SPECT Tp M41i'FI'Tl+iS CCRTIFIC-1�TL I`JA RE CRUEL? OR MAY PCRI'AIN, THE INSURANCE At POW)ED m TILE PO (CIES DESCRIBED HEREIN i5 (ILi_rCT 10 41-L IEEE_ fl ;{115, t.AG1 l!SiC I`. AND (MNI)!I I(iN`- 0; SI H;- POLICIES AGGREGATE L ,TITS SHOWN AMY NAVE BEEN RELI(,CED BY PAID CLAIMS IriSR/�UD'4 POLICY EFF EC TIVU POLICY EXPIRATION LAR ENSRD _ TYPE OK INSURANCE POLICY NUMBER_-O-ArE,jMhLOD_YY YY' UAIE m 'P()1YYYYI.._.___,. i GENERAL. UA61LnY `----- PP C0004 89- 10/01/'QO$ 10/OI/LOOJ --1,000, 0010 I - 'M1A.,L IC tit- N`L 100 (IOU S. -:LAqr,75 MA C)= X :;(,cur '.,LCL �r�A-,-:r„{..� ,..: S.00t0 A GEN L AGGP!.GA I I I Mall APPI M S I'( R - PHO- -X — P�`L1CY .IECT (Ul = ;,,L.,. ; .c. Iv).,,:. Dl,tTii . COMP0- 0- A.!;G 1,000,000 2,000,000 2,000,000 _--__.-' _ AUTOMOBILE LIABILITY CA00049S9 10/01/2008 10/01/2009 rl11,C! r.ED SI'tGLE tl'JIT X ANY At TO r 1,) ;; ;.rur!' 1,000,000 - - AL I OVdNr) AL -OS UcA:ll Y V j,'F', A 1 SCHERULTDA(:'US ',;,,_r':..`";. IX IIIRED AU1p5 IR1F:;1, ' X NON-OANED AJ105 rvr :r-;,•••'., . X'Hired & Phvsical I Damage 4 GARAGE LIABILITY AUT:, i'M Y rA ACC ff!:" S ANv .CJTO ,rHEr, nwL, Or,t� ,MVV - EXCESS l UMBRELLA UABILIT% UMB00(12 S S 1 10/Q 1/2008 110/01/2009 -At:l- r('c;.Rkt:,.rF s 2,000,000 ! OL:CLH CLAMS MADG :.+--(t•t-".alh S 2,000,00 A I s ! CL DLIC7ia LE j X +ttkltN:ioN g 1.0,000} - `--------- ------83039949 10/25/ 2008 10/2 5/Z009 WORKERSCOMPENSATION X ,. -, i, 1. AND EMPLOYERS' LIA8i0TY YIN I ANS PRCI RIETORPARTNER'E*.ECUT1,'E' � � _'t B i— -r; tl S00, 00 '4 111Ci i<,M! MRL 0 i AQ.UUiL'"� (Mandalory in Nhi r_ t u� LA,L 500,000 ❑.as, ±ecce ue..:ce ?;14 IAMI'Itt. ilC,�C'.te5 E„4.r.4 ��..._-----1---:. I" t lrs! A:,I ,`_ q n • , IIV , ----.--.�-__...------T--- 5Q0 (}Q0 _ OTHER --`-�--- —-CPP0004089 101011ZOOB 10/O1/ZO09I SZ50,000 }tented/Leased I A Equipment OESCRjPTION OF OPERATIONS; LO:ATIONS I VEHICLES t EXCLUSIONS ADDED 13Y +.NUORSE VENT I SPECIAL PROViSfONS REF. Ifs" Reuse Water Hain Extension along Lateral G Canal & 16” Reuse Water Main - 57th Street, Did No# 2009046 -UCP #2.830 Indian River County Board of County Commissioners 3 Masteller & Moler, Inc (Engineers) are fisted as additional insureds with respects to the General & kuto liability pol i0es. Waiver of subrogation applies in oil the Workers Compensation. `10 day notice of c.ancellat94_TL, WjL gr np�pALq n�9t CERTIFICATE HOLDER ----- _ L:ANL;LLLAIIVN 51`+til)IUASI-(1FIN L A BOA :L'I L SCR14-tt, PVtlf,FS At CAI.;:f l LLE) Bit OR 11iE-LXP,rt A7 -JS qRl( TN9RFOF, THE i551hE,i_ iNSURER',VtI t40EA`,0R I ) VAIt SiI L,Av'7 s1R Indian River County NOT 10EIC) Ttit stRTiF,QATEItQLCfflNAMEDtOIiiELEtt HLITFAjLNt IOVO-?IstiA.tk i141%'USE SU GBt t;AT!QN UN L!AR'L 11Y OF AN', X.ND UPON Tti� •SSL'tTE H..T5 Ac.i N:7 OR Board of County Corrrrlissioners � 1800 27th Street REt xL .LNT i!vF5 Vero Reach, FL 32950 A1T„OR1"CtRIPRF�tn, AlttiE Marc Wilder i'R,ICIICt__ _.._ 190.2009 A( ORL) Cf.)ERPORAt I04 All r ;111ts mse acct Tho ACORO n rup and logo ate m9i,s.twed inaii % OI ACORD IMPORTANT J i he reriificate holder is an ADDITIONAL_ INSURED. the policy(ies) must be endorsed A statement on this ;'orirficale does not confer riPhts to the cert frcate holder in heu of such endorsement(s). If SUBROGATION IS \WAIVED, subject to the terms and conditions of the policy, certain policies nay reqtrire an ondorsoment. A statement on this cart ficatz: Giles not confer rights to thr- ccrtdicete holder In lieu of Such endorsements) DISCLAIMER -This Certificate of Insurance does not constitute a contract oetween the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alcor the, coverage afforded by the policies listed thereon. spevilic Waiver. P0. hoa 981Z lAkclankl, IT 3802•tt98ts CERTIFICATE OF INSURANCE RE. 0830-39944 ISSUED TO: Indian River County BOCC 1.800 27th Street Vero Beach, FL 32960 lr *d c�i'eld "� l��,yc�t;,�� Insurance R..'of��pa Fv, Metilhc•r of I ihem' \Itntcil ttruup Pilve i cil ' 1 -N,0 -1 -)ti' -40's (tii, it (ahti-id?r,il Fay 1611 Producer: Marc H. Wll(lcr Connpany: Herndon & Associates Insura;ice, Address- P O] Box }6u`8' Lakeland, FL 33£302-360£1 Phone: (863) 688-5495 This is to certify that Tri Sure Corporation P.O. Box 653 Auburndale FL 33823-06,53, being subject to the pre vis;ons of the Florida Workers' Compensation Law, has secured the payment of any workers' compensation benefits .clue by insurincl their, risk with this Bridgefield Employers Insurance Company. POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 08-10-39944 October 25, 2008 October 25, 2009 WC Statutory Lrrnits--State of Florida Ernpioyers Liability 500,000 500,000 500,000 (Each Accident) (Disease—Fadi Employee) (Disease -Policy Lnmt) "Subrogation against Indian River County BOCC shall be waived as respects Workers' Compensation and Employers' Liability Insurance." lob: Reuse Water Main Extension BID No 2009046 -UCP No 2830 This certificate is not a policy and of itself does not afford any insurance. Nothing contained in this certificate shall be construed as amending, extending, or altering coverage not afforded by the policy shown above or atford!ng Insurance to any insured not named above. The policy of insurance listed above has been issued to the named insured for the policy period Indicated. Notwithstanding any requirement, terra or condition of any contract or other document to which this certificate may pertain, the insurance made available by the described policy in this certificate is subject to only the terms, exciusions and conditions of such policy. Paid claims may have reduced the shown limits. If the policy described above is cancelled before the expiration date indicated; the issuing company will endeavor to mail 30 days' written notice to the certificate holder named above, although if cancellation is for n;;npaycrient of prenlmn'r, then the issuing company will endeavor to mail 30 days' written notice to the certificate holder. In ary event, the Issuing company, its agents, and representatives accept no obligation of liability of any kind For fariure to Inall such notice. Date Aucfust 18, 2000 15.tjti?O'DB•.J ti, r�llalU; l' lir'dya•tLdaf Fttq h }rte. ilCat 10 Ott t .rtq,enr; FMCki A t1:,,, 14 r,t lay .\ Al !t,•,1 L, nt} .unt , ,ua trnr ,d. ,. 'd `-.u:n!n,! ut.lu,i..4tn,tatl l .. •„tits,.; i:,..,t. ;t..t:t,:; C,�, hll ,%N! N!' ;1itJnll:Ilst ;�i11'�” 14�±11.5t1lFlrtlit\�t'�''^=t'Gtlr� 4EtiI C;,ri SI < ti tJp1—lfit 'olI kti lll,itlii��,j�ettit_A' (ls Specific W"IiVell WORKE=RS COMPENSA-10N AND LHPL0- DIS LIABILITY INSURANCL POL.ICv Coate prepared: August 18, 2000 Carrier: Bridgefieid Employers Insurance Company Effective date of endorsement: August 18, 2.009 Policy Number: 0830.39944 Insured: Tri Sure Corporation P.O. Box 653 Auburndale FL 331323-0653 Physical address: 709 Pine Road Auburndale FL 3382.3-0000 iNT€NT: WAIVER OF OUR RIGHT TO RECOVER FROM THE OTHERS ENDORSEMENT Farni nu. VAC: 00 0' 13 (5/97) I LIN: 51-14Q814 > We have the right to recover our payments from anyone_ frabfe for at) fnlury coverer) by this pokey. We wil! not enforce our right against the person or organization named in the Schedule. This agreement applies only to tfie extent that you perform work under a written Contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named nt the Schedule. Schedule Indian River County BOCC 1.800 27th Street Vero Beach, FL 32960 )ob: Reuse Water Main Extension 131D No 2009046 -UCP No 28:30 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise Stated Countersigned by: <-_----~�. -.- -�- flute: August It3, 2t11`) Ce: Tri `pure Corporation Herndon & Associates Insurance Include e pyr!ght in eic•nttl of lhl.� Natrnnar (;_i;s6?t. it (l!1 Corirhollsatiml Inv;urarlco� I[-,- WC r-CWC 00 03 13 (5/97) Copyr-_fist 1993 NCCI I fillfl> H"w 1Jl11rtfitfiie,eff'il',4.11�ill' ilfiniilllttfe �. knit n'A 'of "I k:oVi dplititS .- - --- --- - _-l%- --- -- - _-..,_..._.__. This document has impor-.i—an- -! Icgal run—seyuenecs-, co--tts-- uha_litmh- -- an attorney i- __ __ - s encouraged t�ith resltcrt to its test, or i ntodtlit:ation Phis docununt should be adapted io the particular ctrtumstances eel' the a,ntunplatrd Project and the Conlrullinl, I mv. STANDARD GENERAL C( NDITIONIS OF THE C ONS R! 1C'TION C"ONT[W"F Prepared by ENG1\EMS JOINT CONTRACT IDOi'l1RIFl1 S C'O,�ibihf'E EF. and Issued and Published Jointly By .- -'----- _ National Society of American Society Professional EngineersUCE O"WenientrfrrQtneorswPrlvatRMan A Of CivilE.Og;ryears PROITSSIMAI ENCIINFE:RS IN PRIVATE= PRAC'IWL SOdi_`l"Y err: i'k0f'LSSIONAL I'WiNFURI, AMERICAN COUNCli OF I:NIiI\LERINti COMPANIES ANILRICAN SOCII IN OI• t'1% IL F"NGINL'I:RS 7 hi+ dPAcunreut has been appro: ed and endorsed be The •iss,tiialeaCaenera! t oviractors of .knteric.t Construrtiou IPtAittite 1 .1( of ( "?tui 4P�nalyral t;rtasral (uadatkrr t u[ tAtt' f'aaaalawirats r ,+n1AarP. ('"I.kI X41 t 200" _%aatit"n at "it wit of 1111A( F -Jt tat ell fi ;J,ti f"cr+r,l to r`t3ii- 1 Copyrighl C-2002 National Society of Professional Eng.incers 1420 King Strut, Alexandria, \'r\ '231 •! American Council of Lngincernip Uompanic`, 1015 151h Slreel, N.\\'., \\<Ishington, DC 20005 American Society of Civil I.nginc4 rs 1901 Alexander Bell Dri,e, Reston, VA 20141-•1400 l car (�rnrral ('onditinns ha4 c hccn prep red for use lyitil the tiuuccsled P+,rn1s ' O —h----- rcnlcnt Hct44c:n 1�44nrr .lnd Comniclot R1os. C-520 or ('-525 (2002 I'dinoltij. i beir pro%lsimis ate 111!Clleldtld dllil .! S'l1illl ,4' Illolir IIu.% ncCCiiIL11C tl 1 Change In IhC olllci. Cerrirllents concelmllytheir ll,.imc ar:collt:fllll'd 171 the 1'1('1?(- (UINUmllon Doin111cill�. filet 1 ItWiuclio.m I`•i1 C-001) 1-2002 Edituml ror euld lwe ill Ihr preparation of tiuppicln r.Eal4 Cc.ntlrtivn+ liuiile she Ill 7tirn ss 0 upplclncld iry ('ondue+ns lI Ao (' �i>0} 1:01 2 1 dllieHll i.911!t t."iN!Ill .imdtildCeI,c4#tlon14,44aeflter(Am'sIwftt-it.!mI,Att ( f+t;41a I,I r .74XQ %,4-sts,I %4,J etlt 4 I 1'84:rl WdE'U xl 1' n;Hlnta'l4 tJI I r4. th , %it IOsikt) iM?t f41+t 1,51 `iR1. TABLE OF CONTFN I'S L, ag � ARTICLE I - DITINITIONS AND IT it mi NOLOG 1 ..... ..... ...... ........ 6 1.01 001pled, IOWLS ........................ __ ........................ .. 1.02 ......... .......... . .. ............ .................... AR HCLA: 2 - PREITMINARYNIA I 1TkS ... ... ........................ . ... ....... 2.01 belivei-i qf/?o?)J% and Lvidence o! lasurunce. ...... ....... .. 9 2,012 Copies of 0mumems t) 2,00, Commencement of Contract .... .. ........... ........ ... . . .... . .. . .. ... ... 2()4 sla?tilt,Q the Wfirk- ...... . .... .. 2A115 flefiweStao jing Cf)mvu ut'Bo)) .. .. ............ ...... .. . .. .......... 2.06 precon % 9,1101 an 'Cun/iTeplCe . .. .. ................ 2.07 Initial A cc epit III, " qf-Sch"dides ART H CL E 3 - CONTRACT DOCUMENTS. INTENT, ANIENDINU RFI.SI . ... ...... ........ .. .. ... ...... ...... 10 3.01 Intent .. ................... ....... ..................................... ... ............ ........................ 10 UQReference ....... ..... Si(n)&jr(h .............. .......... ............ ...................... ................... .. . .... .... .. 10 3 Al /?,'/)( Wrllksz til?d Resolving Discrepancies- .. .. . ... ......... .............. . ..... ............................ ...... .... . .................... 10 3.04 Amending and Supplementing Contract Documenis .................... ......... ........ ............. ....... . . ...... ... ... ........ 11 1.05 Reuse 0fPocuments .... ......... - .................... .............. I I 3.06 Electronic Daia ................... - .............. ............ ...................... .... . ............. I I ARTICLE 4 - AVAILA III IATY 01: LANDS; SUBSURFACE ANI) III IY SICA 1, CONDHTIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS: REFERENCE R ENCE POI N I's ... ..... .. .... ..... ......... .. .. .. 4.01 Avilifilbibil IV/an(b .............. ..... I -... I .......... I I ..... - - 1. 1. . . . ... . ....... .. .. 4.02 Nubmil:jace and1112 ' Isicill ( 'ondillons .................... ... ...... . ............ . . . .. . . .... .. ............ .. 4.W Dillering Submi , face Ol- Ph , Isleal Conditions ..... ..... ... ............................ . .. .. . .. ......... ... 12 4.04 t . liderground FUcililics 4 0 Refi'rencv Points ...... . ... ............... ... .. .... ........ 13 -106 Ha:7ardous Environnivnial Colubtlon III Sit .. .... ........ . ..... . .. ARTICLE 5 - 13ONDS AND INYAZANCI .14 5.01 Performance. Pill ment. and Other liontiv. . 5.02 L icepmed Sureries and Insurers - ... ..... .. ............... .... . . .. .. ........... 15 5.63 Co-Wicares of Inswance .... I r, 5.04 k . - - O?!lf(?C;O?`S Nabillf v Ills, irance ............ 1 5.05 Chi Iter 's hill"Ill % h1vuranct . .... ... 16 5.06 Pr ( verili: Insw all"! . . . . . . . . . . . . . . . . . . . . . . 5.07 Wtliver of Rights ... t . ...... .. ........... .... ...... ...... 5.08 Receipt and 4pplicivion n4 huill apice Proceeds . . .. .. . 7 ij-)Q , Ici eplance of BomA and havrance. Option to Rvplacc.... 1-7 x.10 pallial I 1111-awm, Acknowledgmew of Pru ARI WI L 0 - CONTRACrOR'S RESPONSI Bit. ITI I Super, isloll andSupci Intelidence ...... ...... . ........ .... ..... ..... .. ... is 6.02 labw- W(ItAinglim4tv. ..... .................... . ... . I's 6.03 Sel vit t-.%. I falt'? W/S, tUrtl Equipmen . ......... ...... . .. ... ... 0 04 P? i�qrevv.,;( 11c,1111c.......... 0.40 Stil-iifule-s and (Ir liquid ... .. ... .. .... ... ......... () 06 ('11lik ening lifhomn cletws. Suply/wis. and Others ....... 6 0 Patent hies and Ro viltie.t .. ....... .. ..... 6.11 Perm at ...... 6.09 taki N and Regulatiom- 21 6.10 /ales..- ... ..... 6.1 I t Se f0tSile and Olt r. I? .100 .1-101AAW GCott A l CIE dot wtb, a Ov 4 "It I I at I it 4 stn It it l sept Nor, AI %dw-wil fn atq td PIAe%,imx I a tq m" ir, A I 6.16 6.17 Shop PIo1l/wfind ... ...... _ (.18 Corrinninghe U•ork.............. _... _.,.. _. _ . -3 -I 6,19 Contractor 's Cenertd If in rarnl anil Guai-ante , 6.20 lndeinnif atron ....... •................... .... .,1 6.21 Delegation of Proless,onal Lfesign •Sep'N(Vs ... .. ART ICIT 7 - OTI ILR WORi: AT ME SrrL ..._-.._... .... ............. ............... ,; 7.01 Relotecl Work at .Silo......................... 7.02 CoordinationCoordination... ............................. ...... .......... ) 7.03 Legal Reialit 1s1 tie................. ...... ................ . ... ..2( ',(s ARTICLE 8 • OWNER'S S RLSPONSii311 ITII=S ............... . .... _ .. _ .., • 2C, 8.01 C enrrMIMICtllions to Contrae'lllr.. _........................ 8.02 Replacement of t:ngrilrerr .... ........_..... _'6 A.03 tlet insh 1)(11a. - ... ............. _...., .......... _.,......... .10 ._'6 8.011 Pqi' When Due......................................... _......... .. �o S.OS 1 iniciv and Easernotu.%. Repo; !s anal l es'rs ........ ,, S-06 lrsto'anez ... ...... ._ .... ..........._.. 8.07 Chang(, Orders-......... ..... . .... _..... _. .............. _.. _. ... 808 h,specl,ons, leets ond,ipprovals........................................ ........_... .... _ _............. _'h _. 26 8.09 Linulcarons on Unv,er's Responsihihites ........... •........ �' 8.10 1, ePrtlLSt'/a.sed lla_ardorrS hsivironinental Condition....... . ..... I 1 1 0.1 r L'..:.r , i.e te.urcr a/ I•nutic, ntl-lrrungen,enls.............................................................._........... 27 ARTICLE 9 - PNGINL•'I:R'S STA-i'(-)S DURING CONSTRUC TION ......... . 9.01 Owner'sRep'ewntarrre..................... ........................_.....................„ 9.02 I'rSilS la Sile ............................... ....... ;i 9-03 Project Representative................ ................. ..... ... . _ .. _ _ 27 9.04 :luthori:ed I'ariafions in Work ....... ...... ... ...... ..................................._.,. ....._ 27 9.05 .... ... _ ................ Re;ec'tingbgi•ctive II'crk ........................................ .......... .... .... ....... ................ . _........ .._. .27 9.06 Shop /Y(m ingrs• Change Orders and Payments......................... . .............. _........_. _ _.... ....._....._......: X 9.07 Deterinirlalions for t-nit P17<'e Work ..................•.............. ........_......•, ................. 28 9.018 Decisions onRequirenlentSof('onnat'tDocuptientsand.,fcceyucrhiIIIsofItork..._...... _ ............. ..... ....... ....?S 9.09 Limitations on F_ngine✓r'.r Authorin,and Respmmbihtrrs......... ..... ...... . ,.................................................._?8 ARTICLE' 10 - CHANGES IN-141FNAIORK; C'LAi\1S ..........•... _........... ..•..._.................... _................._'8 1001 Authori_ed Changes in the ►cork....................................... ......... ..... ..... .. _ _.... _ ............ _.. 'S 10.0'1 t:"Pullahori_edChanges ill lheIi-orl............. ............. ...... .. ... .... ...... ...... ... _.. . ..... _...-.....?e) 10.03 Ltv(-utionofChange O) alcr.i................._................ ... ..........,......... - .................. _......._....'_'> 10.04 \'olifie'anon to,Sureti ............................... ... ....... .... 10.05 Claims ........... ........ ................ . . .... ....... ........ .. ...... .. ... 29 AR'11C1 E I I - COST 017 THE WORK: ALLOWANCES, l NI I PRICE \1 ORK _... 31) 11.01 C ttsl of the i1•ork ................ ........ _ ...... .............. _ .. ....... ..__. 30 11.02 :1//011'Mh"!s........ .......... .... ................... .. ........... 31 11.03 1'nil Price II'oik.... ......... _. ._... AR 110-L 12 - CHANGE01: CON IRA(-'I' PRICL, C1iA`V61: 01: RAC' i "f l\11:5 32 12.01 Change oft 'ontrrrrt Piwv ................... 32 12.02 (Yrarrr4,c oJC'orrlrait r`rnres __ ._... _ .. _ . 12.03 Dchns .. .. ...... ..._ ..... _ ..._._ . _-... ..... _ _ .... ._ . ARTICLI: i3 - I LSI S AND INSITcl IONS. C ORRI C'1ION, RLNI i\'.\I OR ACC PI AVT 01 DI YE(A i\'6 \1 OR 33 13.01 .\'ouce of lkkt rs ...... 13.02 Icce'.ss11)I1'ork........... . ... ..................... ... _.... ..- _ i3 13.03 l i .51s ural inctWC11(lits ........ I, 04 1'11r01,0_1ng !I ork ._.....-......_.... ._ .. ...._ _... ,.. __ I 13.05 Chitwr1fa1 top ML- 11ink........ ...... _...... .__ _..... _ 3.1 13.06 C •orr•eClinn :,r Renraval of Lre'fi't'tn'e• I$ (,P-4 11.07 C orr'eCRtir! PCI 10d... _ { 133}X icceptanc e o/ rre,=f tetrras t1"ark ...,...... .� 1109 0Tinet- 1laPC arre's't /re'leclive I1rs°� _..._..................... ... _- .. - ;� Alt EICLE 1.1 - P,' AMEN I S F0 CON I RACTOR AND 'o.\1111 I. Ili N �t 1401 Si he'afide of I allie 14.i12 ?'r ozrrsIL'atrrPcnl+. ._ ...... i-1.0 (;Illrtlt/qtr L 11ap't'vin lof file'... ....-... i�' 14.04 .. Ru/'sPiipl: art 5 Fit M � '411r�p:pp499p i)i l.eM.:I �I�er0el;p jeepl\p�I iinrt N1191t r;}iilseAi '. t, ekpf Nei Q. p,,`3\1lYbp 'e Mt9e�i� ,'y';pe J:e Y1 'ai PYpI U� ae1 1t131�%Ge:l{ iAjj RF4 e'Q r� �OeJ i it fir( %Ii IPgtk" lsunFir p.xr«f1C/ - I 1 1.05 l !anal f •ll1cc111•rr 1.1.00 I' nallnapColol) 1.1 07 Final l'q n1cm............... 11.08 I111111('o 1plrrwn Oeh..iec1 1 1.09 11 giver ut Claims ..........•............. AR HCM IS • SUSPENSION' OF WORK AND ITIMIN ATION_..... 15.01 (Amer lfin Slispe nd Work...... _.......... 15,02 Owner Alm let minwJur ('tnls•t=................ 15.03 O itno .1 far lcrniinrlo (or 15.04 ( 171 1-•i:n',thlt .;tl,p If'_'rk or fc'rnrinrrlr AR 1ICLL M - DISPU1 L RESOL1.I ION............ (:.01 ifellfo ls and P, ocedurv.\ ...._..... AR I ICLL 17 - MISCELLANEOUS__ ............. ......................... 17.01 Givin;, :Vurice ....... ... ..................... .......... _... ,... 1702 ( 'oum !anon of f7nra s ............. 17.0.3 ('nrmlhlrlre ftc=tnc'llir,c..17 ....... ............................................................... .............. 04 Survireai of Otyhg,jr:o)rs ....... .. ...................... . 17.05 Conrroffing, t ait....................... 7.06 flt=auulsj........................ ....................... . 1141/4 4-,W)Si1mdo1.14.turaof( V,-diliwl� vl i ter 4 k'"mol. It" 0( Vlil/ At( I ighl .. VK42 fti*I-PA t,.e.ri. v l't'o.frh+;rssi I NKem ret. t,F/ l I4 It4 . 4F t�};R!.lige e.aet. GENERAL CO'V1)l'I'I()\ Mff1 IA 1 - DEFINITION'S AND TFAMINOLOGY 1.01 Ot, irre(l 7;v -ms ,\. \fherevcr used in the Ri ddillg R quitemenlS ut Contract Docultietlls ,and printed with initial capitai letters, the terms listed below will lime the nleallin indicated \\hick arra applicable to both the singular and plural thereof. In addition to terms specifically defined. wrnls \yiih initial capital letters in the Contract Documents include references to identified articles and pat-Traplls, and tile litics of (=tl)cr documents or lilrms. t ?:id€rt€l€a--AV'ritlen or graphic instrtmlents issued prior to the openillg of Rads which clarify, correct, or change til, Ridding Requirements or the proposed Conttacl Documents. 2. the written instrument which is evidence of the agreement hetween Owner and Contractor covering the Work. 3. , 111,71•imorr .for toren aci;eptabie to Higincer which is to be used by Contractor during the course of the !fork in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Colltract Documents, 4. Asheslos--Arty material that contains more than one percent ashes(os and is friable or is releasing asbestos fibers into the air above current action levels established b) the United States Occupational Safety and Ilealth Administration. >. Lint --File offer or proposal of it Bidder Submitted Oil the prescribed 161111 setting fbrth the prices for the Work to be performed. 6. Bitlle'r- Ulic individual or entit\ who submits a !fid direct!\ to Owtier. 7. lfrrl€/urr 1)vctrurevrr.\-•The Ridding Requnenlcnts and file proposed Contract Documents (including all A ddvn&O. S. f;rhhal; l;equire•trrtvtrs-- l he Advertisement or Imitation to laid. WAructiotls to Bidders, M securit) of ace.ptattle form, if an), and the !fid Form witll am supplelltellit t). Change (b;Av••A document recommended b\ Lngineei which is signed by Contractor and Ownet and authorizes an addition, deletion, or Ic\ision fit the \\'ork or an adjustment in the Contract Price or tile Contract limes, iisued on o1 aftel the 1 Ifccrr\e Date of the Agreement It)_ Cluirrt- A demand of assertion by <)\vner or Contractor seeking im adjustment of Contract ('rice or Contract fines, or troth, or other relict \\'ith respect to file terms of the Contract A demand lily moue\ of b\ a third party is not a Claim. I I. r'urrtrur I-- I fie enure and Yntcurated written agreclttent beet+ren the ()\viler autd Contr;lclttr ct.ncerninu the Work - f ha Contract >upersvde4 prior IYe�',`JtPrt!:1!i:i, rcprc;entilt it) or artr•ements. It hellicr \\ritten or oral f �. {'unratet l )rltvutrrxrs-• Thus€: items sc1 designated in the Agreemcnt: Onl) printed or hard copies of the items listed in the Agrc°entent arc Contract Documents. Appro\ed Shop Mmings• other Coniraclor's submittals, and the repomts and drimings of subsurface and ph)'si(:ad cmtdifiurts are not C'o inwi Documents. 13. ('rrtururl P"we-- I ile moneys payable by Ownct to C'ontrac0.x for completion of the Work in accordance With the C'ontraat Documents as stated 111 the Agreement (sub)ect m the provisions of Paragraph 11 03 in tl!e case cq 1 nit Price Work). 14. ('u llracl i mires--i'he number of da\ s or the dates stated in the Agreement to: (ii achieve \lilestones. ifam, (tit achieve Substantial Compleu,rn; and (int complete the Work so that it ii read) for find! pa) mcni as evidenced by Lligineer's wtitlen recommendation of ti11ill pi)\ntent 15. { 1-trrefen-- file ❑Ydi\idual or entity \\ilh whom O%kncr has entered into the Agreement Ib. ( (1)1 o/ the II'oik-•See Paragraph I1 01 A for definition. 17 ltrcrlrrrrl;a Mat part of the Contract Documents prepared air approved b) F:ngirleer \\dish graphicall\ sato\\i the Scope, extent, and character of time \fork 1\r be performed by Contractor. Strop Dr;twings and other OilltrilLtur submittals are not Drawings as Sc, defined 18 !hili „/ Ilie Ig1er1PIL11V-tile date indiCMW in flit' Agreement on \\hich it becomes eltictive, but if no such date is indicated, it means the lair un vAi:h the A f!recment k signed and dchi errd b% the la,t of the h\u paitic to sigh and deli\er. 1:? f..,r,,;r:.. _ I he uY:fr Ydual or crt►lt\ named ai mlA lit rhe \RteCmllerll .t' l r;l,l ()"I', :1 wtirtcn r+rder !s>uc€f h) Enei,re�'r �.vlocit rcquirei mimol Ctt-€n ,es ill the Work but Whitt! ,!rtes t Ir( f •'tiRJasIto Mtd (.airrr>pt 1 1t0,CrtYrrraw rfl the t'u€Y+trurrr,eet 1 rr�€tFnrt. ._..__..-- t up. 'ght r ae• Notyi*j ?:rH n't� yd f'rurr�\i,€em,;i t €ag,rr-crr U'r I If Ira ttktdN tee4:11 era. ,_ _ . ...,-,..,,...., ...--. ........_.......- /i(.: i0.€ - 4 not irtvol\e a char};c in the Contract Price or the Contract Fillies. 21. (ferret -al Reyait•ettleillp-Secticnls of i)iv is ion I of the Specifications. The General Requirements pertain to all sections of the Specification,. 22. llu: urduus F.trvironnlerrral (bndltum--The presence at the Site of Asbestos, PCils, Petrojentn, Hazardous W aats: or Radioactive material in such quantities or circumstances that may present it substantial danker to person., Lir property exposed thereto in Connection with the Work. 21, /ka_ardou.t ff isle --"Ilio terra Hazardous Waste shall have the Meaning provided in Section 100,1 of file Sobel Wine Disposal Act 02 USC Section 69031 as amended from time to time N. Lanry mill lie s illations Lams nr RrgrrLrliun.c-- 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 Proicct funds, real property, or personal property. 26. ;Ifilevtone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or lime prior to Substantial Completion of all the Work. 27. Volice oP .-0nrand--The written notice by Owner to the Successful Bidder stating that upon timely complialice by the Successful Bidder with the conditions precedent listed therein. Owner will sign and deliver tic Agreement. 28. Voris' to Proceed--:\ written notice given by Owner to Contractor fixing the date on which the Coll. tract Timcs +%ill commence to run and un which Contractor Shall start to perform the Wolk milder the Contract Doctlnients. 29. Owner—The individual or entity with w-h,onn Contractor has entered tato the Agreement and tut whom the \4ork is to be performed. 30- Pi Ns-Pulychlorinatid hiphrnyls. ;!. 1'errule'rrur ('ctroleuln. Including ;rude oil or Lilly fiacti:m thereof, which is liquid at standard conditiom of Irniperature and pressure 160 degrees l allreriltrit and 1.1.7 pounds per squair inch absolute), such as oil, pelroleum, fur! oil, oil eludge, ail relbse, gasufirte, kerosine, and oil mixed with (olhcr n;-rn-l3,iyardow., Waste and trentiv oils ?' Pttv,­ Schedule --A s hrdole, prepared and nr3i111,1mcd b: Cc ntractor, &scriNrit- flit: wqu.nce atitd dur lion (if tile ijokiiles caanptisiur tl)e Connaclor's plan Irl accomplish lite Work wilhiu the Contract limes. 33 1'tulrc'1 I he total construction of which the Work to he perforated under the (.'ontract i)octmicnts may he the whole, or a pant. 34. 1'r-olec•t %famial the bound docurnrntan information prepared tar bidding and consirueting the Wort: A listing of tilt: contents of the Proiect Manual, which maty be bound in one or more whine.;, is contained est [lie (ablets! of content,. 3�. l�arl:ruuvii�r _1hrlerrai--Source, sp;ciatl nuclear, yr byproduct material its defined bs the :\tonne Energy •\nt of 1954 1-12 1 tiC S ctaort N)l I el sett ! as amended llom time hx time ib. Releued Lwiti -- An officer, director, partner. employee, aeent, consultant, Lir subcontractor. 37. Residem 1'rnle'c•t Repiesentau ve--otic authorized represcntativc of Lngmeer who may be assigned to the Site or at11' part thereof. Sri, emunples r;f materials, equipment, or workntinship that are representative of- some fsome portion of the \\'ork and which establish the standards by which such portion of the Work will be judged. 39. Schechde r>f• �;rlrmfaw v --A schedule, prepared and maintained by Contractor, of required submittals and the lime requirements to support scheduled perlurntance uf'related construction activities. 40. Schedult' rel I;tha's--A schedule, prcpan_d and maintained by Cuntractor, aliocanng portions of file Contract Price to vatriuus purtiom of the Work and used as tine basis ttir levie\vniv C'ontractor's Applications lar Payment. 41. Shol; Utvruvnyt—All drawings. diagrams, illustriuion schedules, and other data or infitrnlanon whish are specilkalh prepared or assctmbicd k or for Contractor :and submitted by Contractor to tllustratc solar portion of tilt- \\'ork I'. .Sire --Lands or area, indicated in Clic l ontrari Documens as tieltlf Itimished h� Owner upon which the \\ork is to be perlc,tmcd, mcluding rikhts-:;!-v4ay anel easements Cou aeons Charier, and :Lich other land furnished by (Jwnir which are drsieriatctf 1',j Chi use o} Contractor 11V tic It -'tNn titxnctxtJ (.auatali .r.Jauaexc rt tl:rlumalr aw learn (`u+aa,.ef ( vtattigrat + :nisrz, rksta+.•aealtissa.ea ;+(t'rarri.aaaaaxl l+n7!:irxvrr:far t Jt lot .:xn ex;trea.«rr•e.M tett 7i4 GLNERA ,CO'VU1'1'1O'\s ARTIC'LI: I - DEFINITION'S AND I ER\IINOLOGI' 1.41 Oelineil !:•rnr.\ A. \4'herevcr used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the tends listed below will h.t\e the meanings, indicated which are applicable to both the singular and plural thereof. In addition to terms spet,ifically defined. terms with milial capital ieucrs in the C olttra"t Dorunients include references to identified articles and paragraphs, and the titles of -i"her documents or Joints. 1 A(kh"lihi--\\'rilten or graphic insiruments issued prior to the opening of Rids which elanfy, correct, or chanLe the Bidding Requirements or the proposed Contract Documents. :tP•eemene--1 he written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. -f/pph(witon Iter l'utvncni--'i'hc Joint .lcceptable ►o Fligincer which is to be used by Contractor during the course of the \\'ork in requesting progress or final payments and which is to be accompanied by such stipportinu documentation as is required by the Contract Doctit11e11tJ. 4. Asheuos.-Arty material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established b) rhe U)iled Stales Occupational Safety and Ilealth Administration. >. 130 --Ute offer or proposal of a Bidder submitted on the prescribed torn) setting forth the prices for the Work ice be pcobrnted. 6. Bid ler--Thc individual or entit_\ who submits a Bid direct!\ to Owner, 7. &Nilry ltncnmint,--7 he Bidding Requitement., and the ploposed Conti'act Documents (including all A ddetliliai. R. Ftrihlirn, 1?et1 ttr('rtWl2h• -i he Advertisement or invitation to Hid. lnsiructiotis to Bidders, bid securit) of acceptable 11-11, if any, and tete olid Foran with an•, supplerncills c). ( hinge Ur;let--(\ document recorluncndcd fie Lngineei which is sighed by Contractor and Owner and authorizes an addition, deletion, or te\ ision tit the \\ ork or an ;adjustment in the Contract Price or the Contract I imes, iisued on or after the FlfcO:lnx Date of, the Agreement. 1(!. (7uim--A demand or assertion by Owner or Contractor seeking all adjttstitl tit r*f Contract trice err (contract Fillies. Ur both, or other relief wtlh respect to the terms of the Contract A demand for money or ser\ ices by a third park is not it Claim. II. r'urutut !'he entire and integratcd \\rilten agreement bettaecn the Owocr and COlilra•;tor concernini, the Work, lite A mtract supersedes pncr n<<ootiations, representations. or agrcemcros.. whethcr writc,n or oral ?. {'unrr<rrf l)oi ronents•- I gust: items so design.rtcd Ill tltc Agreement. Ont} printed or hard copies of the itetm listed tit fhe /\ireeltletlt are Contract Documents. Appro\ed Shop Drawings. other Contractor',, submittals, and the rrpotts and drawings of subsurface and phy kcal conditions are not Contract Documents. 13. ( 'onlri it Pace-- I he moneys pay;ihle by O\veer to Contractor for Completion of the Wo, k ill accordance with the Contract Documcias as stated ut the Agreement (sub)ect to the provisions of Paragraph 1 1 03 in the case of t. alit Price Work). 14. ('unmet t i tine -s-- t'he number of da\ s or the dates stated ill the Agreement to: (i) achieve \lilestones. ifan\. (lit achieve Substantial Coloplelijo' and (iiiI complete the \\'ork so that it is read) for final pa)mcm as evidenced b_•, I:ngint:er's written recoil imendatiott of final pa\ntcrit 15. ( (,nirurtnr-• fhe ittdi\idual or ell (i with whom Ox%ner has entered into the \grvellicnt 10. ( oar (P: the if ork--Ser Paragraph 11.01 A for dePu+ition. 17 U)(r oigs-1 hat Part o1 the Contea0l Documents prepared of itpprovCd by f{etgincer which traphicalh shows (lie .cope, extern, and character of the work to be performed by Contractor: Short Drawings and oilier t•(ntr aiwtUr m1binittals ale not Drawing,, as SO defined 18 1.11.'rrr1A L3itre f !hc .frrec'r,?t-uf--l'Etr dale indicated iu tbC ;\gricntrnl ort \\girt it becomes cttictivc, t+tit if uu such d:ue is indicated, it lncarts the ,late cut \girt Ilii Att Mt1vnt is si+r,ned and d0kei-A by the la,t of the t\\o paltic'iro sign ,and deli\ Cl 1(1 1=rr�ur,o the nidi,ulue! or cnt:,v rimnod a5 su. h it) the \er (,Bent :ty l(.t.it?r�tv•r- rA wnrrcn,�rvfrr i>strs•J b< pnt!it!rcr •.01101 t\y'lire, norm 01,lvger in dlc \k Irk but whi0tt I, IV 1 .It 11< (-^la? S1a1A4J»til Genidal t vas;@(ts•^€es n(dtsr t-test+tdMa .la�eA d c,•1-1eeks t vt)1t lyra a �(tid? Orlizarl'�,x +�•t\ ad f cuir.ti aa3i Icn>is re rti t.,r i -Jt td( . %4 leyi,d. rrv't\ra.. lK'caA- 4 4.1 ,\•lot'cr/ic•urion,-- Ifnat part of the Contract Doctunems consisting of %%ritten Iequirehtclus I. materials, equipment, Systems, standards and workmanship as applied to the Work, and Catlin administrative requirements and procedural matters applicable thereto. 44. :5r¢hrunrracmr•-;\n individual or entity having a J contraci with Contractor or, with anv other Subcontractor for Wile performance of, a part of, the Work at the Site. 45. Subsitil it7/ ("urnplcNon -'111r time at which the "'INK (or a specified pant thereof) has progressed t0 the point \%here, in lite opinion of F:lOncer, the W-ork for a .ry?ccified part illereof) is sulficientiy complete, in al.'CUIdarrCe with the k'rintracl Documents, SO that the \\urk for it specified part thereof) can be utilized for the purposes for which it is intended. 'file Iernrs "substantially complete" and "Substmltialfy eenlpleted" as applied to all or part of the \\'ork refer to Substantial Completion thereof. 46. Successju/ (irlr/cr--f he Bidder submitting a responsive hitt to whom C)wncr makes an award. 47. Supl*tnenrnr-r COMi'llon --That part of the Contract Documents which amends or -supplements these General Conditions. 48, J'aipplirr•--A manufacturer, fiabricalor. supplier, distributor. Inaterialman, or vendor having if direct contract with Contractor or with any Subcontractor 10 furnish materials or equipment to be incorporated in the Work by Conlractcr or any Suhcontraetor. 49, t.n¢/e,gi-Quin /aci/t/les--AIi underground Pipelines, conduits, ducts, fables, wires. manholes, vaults, tanks, ttnulels. or other such facilities or altachirews, and any encasermertts containiml; such t:lcifities, inOuding those that convey ciectricity. gases, steam, liquid petrofeurn products. telephone or other communications. cabic television. \cater, waste\\;liter, suarul \cater. olher liquids or chemicals, cr traffic or otlicr control s\ steins. 50. 1 iur Parr 1f'urk--kVotk to he paid for on the basis of unit prices 51 Il of 4— 1lie entire construction or the various separately identifiable parts thereof regtaued to Ile Provided unairr the Conuact Documents Work includes and is the result or pettotming or pro%iding all falx>r, services, and documentation necessary to pro!uCe Such construction, and furtuishinl,. iustallang, and incorporating all materials and equipment into Such construction. Ili as rcklime 1 b% the C'oritriiC1 f)oculmcrrll I.ngirtcer ordering an addition, deletion. or rc\ ision ill the \\ ork, or responding to diflefint; or unforeseen suhsurlace or physical conditions under which the Work is to he performed or to emergencies. A Work Change Dirccfi\e will 1101 change file Contract Price or. the Contract 1 lines but is evidence that the parlies evpccl that the ch,1 11ge ordered lir documented by a \i ork Change Directive w•iII be incorporated in a •uhscquently issuedChance Order tbllowing negotiations b%. the parties as to its effect, if any, on the Corltrtcl Price or Conuact 1 imes. 1 0' /C) nrrnoloo A The foNa\vir)g words or terms are not refined but. when used in the Bidding Requirements or Corttritct Documents. have the fiollowing me,rriiaic. R. Intent of Cct lam -1 crm> or Adiccti%es I, The C'onlract Docluncnts include the terms '•as a11o\\ee1," "as approved.' ,its urdewd". "as &recicti" or terms of like effect or import t•a authorize an csercise of professional iud,tncnt b% Engineer, In addition, the adjecti\es ..reasonable," --suitable... "accePtahie," .,proper." "silt isCactor) ," or adjectives of like effect or import are rued to describe an action of determination of L:nginecr as to the \%ork. II is intended that such exercise ol'profcssioual iudgmenl, action or determination will be solely to evaluate. in general, the Work fior compliance with file require- ments ol'and ini'onnation in the C•antract I)Ocutnenls and conf0 )mance with the desiftn concept of the com- Ileted Project as a functiorlint; whole as shown or indicated in the Conlraet Docunxnts (unless there is a specific statement indicating otherwise). file use of any ,licit terni or adjective is not intended to and shall ,lot be effective to assign to Engineer arty duh or authority to supervise or direct the perlorrnance 0f the \'ork or any duty or authority to undertake responsibility contrary to file provisions of Paragraph t),09 or anv other provision of the Contract Downients. C. /)'n !. file word "da}" means it CA-endar da\ of 2•1 hours, measured from nridnigtil to the nvm fnidnivIlt. i) !)CA,I Yn'e' ! file \cord "c1ctYCU6C." wlaerl nlodil%mv, the word trier, to \\ork th:u IS unsausfacto", tartlty, or deft irnr i:1 than it a dot'S na,r ioflfCfn tU [Ile t�-t�rltracC Dt�ti ilrnCn4�, or 52 it ,#A ('lrtrns„c /)lir.rn --:y )Arltt.•n Alic_nicni to h dt,cc ort meet fhc rcriurrun%nt e,f ;lily t olitf WCrnl IhDned aVl ,r 3!t%'f fiat. I -'f tl'-%t1Ae I),Wic !of the � t - •\greenttnt ..and +itne€f tov !)warn ailif rcconuate rd ad F% FPlr.atrfc itl,pccr..om reference sCira-Lar.S, te,t, of an,d:ard9.real•rml(uaxt4n¢i-,4¢t;rlFWkef�.n.rtucleu¢iMi: ^� ! m >)ri ,err rttw:! :v�¢rW) yr 9 +art%",mAI .. p k Ion'\gt¢a � applovul referred to in the Contract Documents, or c. has been damaged prior to rnginecr's - recommendation (tf final payment (unless tcsponsibility for (tic protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). L. Furnish, lister!!. Pet7arnr. pj-( j,je I. The word "furnish," when used ill connection With services, materials, or equipment, shall 111e311 I(V, sul)piy and deliver said services, materials, or equipment rn file Site (Of some other specified I -oration) ready Iur use or installation and in usable of Operable cond"don. 2. The word "install," when used in connection frith services, materials, or equipment, shall mean to put into use or place in final posilior. said services, materials, or equipment complete and ready li)r intended use. +. The words "perform" or "provide.- when used in conncetinrt ',with services, materials, or cquipntent, shall mean to litntish and install said services, materials, or c((uipment eonapdete and ready for intended use. 4. \\'hell "furnish,'. "install," "Nerfontt," or "Ino- ide" is not used its connection wills ser ices, materials, or equipment in it contest cle€trly requiring an obligation of Contractor. "provide" is iniphed. F. Untcss stated otherwise in the Contract Docurnents, words or phrases which have a weld -known technical or construction industryor trade meaning are used in the Contract l)""liicuts in accOrdartce with such recognized meaning. At?] ICLF: 2 - PRELIMINARY MA l'l LRS 2Sli Lt,'li+'et} (,j Fi(rtnLs otic! La7rlerr,a� of Imo+-trtrc(� A. "When Contractor deli;enc the ceCcuted courttetpart, v) the Agreement to Owrler, Contractor shill also deliver to 0\%uCr `tech bonds as Contractor tray be required to ttttnl`.lt. Contractor and Owner rc�pecuscl� stns 1cA(uu, d t„ pirclmw and ntairttain in a;curdanc( will: \rut t; ` 202 ('opies nil lhu+rnrenn A. O1YIler shall furnish t() Coulricioi up 1, it rt pntttt,l : f hard copics of the Drawings and Project �Ianuei Additional copies kill be furniNhrd upon rctluA'st .it slit cost of reproduction. 2.0 + i 'urrrnten� anttvtt nl (', vtro u<v l inn , �„ •ti, , r= 1'?'ne eetl A- I`hc Contract I Innes till cortlttcncr t., toil nri tlt( thirtieth day after the I?ffecti\e tate of thv lg;rcei;ttnt A,r, if`a Notice to Proceed is cissa, on the ti;ty i tdia,tt_(I ;n rill \otice to Proo,..d. A Notice tar Proccvd int he el%Vit ,it any tints within 30 days after the FIfecti%v,f)atr +,1 Iht' Agreement. Ill no event will the Contract I nits" :(,Ill '":lice to run tater (11311 the sixtieth (lite after the Rl,t\ t,I [aid opening or tile thirtieth day after the Effvolt c Date i•t the Agreement, whichever date is earlier. 2.04 NlaI.1mg the Work A. Contractor shall Start to NCrforlu ttie :\'OI -k on the bate when the Contract Times COMIlience to run. No Work shall he (torte at the Site Ill lot, to the date ou shish (tic Contract Times continence to run. '-.05 flejot•e Staf-lmq ( 'nn,,trrrroort A. Pi -c im w r Sc•herlr k% 11 (thin 10liars atter the I•:ffcctive Date of the Agreement (tintless olhcrrise speci- tied in the General Requirements), Contractor shall subunit to F.ngrincer for tirrtely review: I. it preliminary Progress SchC(iUle: indicating the times (numbers of dayS or dates) for starting and completing the various stages of the k%,Qik, including: any % tifestones specitic(f its the ('omra(1 Docunictie,, ', it prelirtinary Schedule of Suhrnrttafs, and i. a preliminary Schedule of Values for all of the Work which includes quantittea and pries of items which when added together equal the Contract Prise and sub+livid•_, the %\ (Irk into component part, lit sufiici;ot detail to SW c a; the basis fir proijre,s payments dumigt performance M, the S4`A rk Such priceb will inciildc an appropriate imlouttt of Or elf+ead and profit applicable to each item of 1l-ork. 0k, Pte, .,n,%r'rictl t? ( Urrlih'a." 1? 1 ti,l, It,, nj ln+tuat±,'c Befo re :acv "ork at the Site is A. Rehire am Wolk A the Site i;- sC+rt.t;. a _': rtterrn_c started, Cornractor rld C)wner shall each deliver b_, the iltend d by e h;ncr- Coona; t ,t. Lng,nur. ar,(1 odtri .te Other- with copics to etch ad,litional ituurcd idcn(flied in appropriale will b< held to c-tat)liRh a lwtkintt the Supplemeniar\ Curidihons• certificates of insurami: :u &tNtamIi1w =amotl1g the tmltic. a., I,s the 1t via and t(= land "(11 t c"")" of in,, t,ran;r which either ol'them rt discuss lit;' ,JlCJnlVS rctGnc(j to iit t u u.rahlr ' t,' a t: a(!tiiNon:+l iaxued ntas reaSrr,ahly rcqussit wtn.h pr,,ird`'ur han=_lluw Shop Di.;wint•...tn.l ,�thet lJ6 f)1 C-.-040 ltnYa;faeYQa ctlafr xtd,nAJAts;eAeR ref atAYl (AAYNFAn, iAcnfA1 � „t>tt0it;,:1 �' fAir3Z �q.t,,•tlO.IO) 1(yl Yf 1! 4t t'1 (,rYR\A,.,Awi t tl: tf., AAF'F'tlS eseF � it re{ lit FtKt:l♦ YYRS'3S„F.. _.z. ubnutt,t!= procc,sintt Npphruions for Payment, and nt,nttl,tniuir rcqur:ctf tccords 'ts., 7rlilill%.tt','s'fihrriCP nl.S c'%!tY%71�t'J' \ \1 I'a-.i 10 dail s belotc submission of tate best \Iy+fiaaUrn tilt 11imilent a conference attended by ('olin't.lui, I ngnicet, and others as appropriate will be hcl:t 1,, r niece 101- acccl)labiliiy to Engineer is provided N:I,tsa plc >'k hkilulcs suhritined ill accordance with i°,"Abir,tIill 05 A C'oniractor shall have in additional 10 dss> its m akt' C 11cclions and adinstments and to complele Ind re,uhnill the schedules. INb ptogress payment shall be t l,tti,' t:t (atilt:tiln6 Ilnlll uccepleble schedules are '�t&111ntaal to 14,011cet I I 11 Pluure;y Schedule will be acceptable to i tatn,cet It it prue.uR-1 illi orderly progression of the \\oIk lu roinpictloll within the Contract Times. Such a„ s ptau, c w11 nut impose on Engineer respollsibil- Itc tta tIe t'rutrress Schedule, fur sequencing, �i hednintr, or proL.rt:ss of the Work nor interierc cent uI refresc ('ontlattor Croat Contractor's full le,ponsihility (Ilm-lor I 'oni,,ictor's Schedule of Submittals will be .1:, (TIA lc Its Lngineer it it provides it workable a�r,u,t;eutrnt tit' revie\\il'19 gild processing the retiuuccl subml(ials. I Connector's zchccliiie of Vahjes swill be accept- ahic to I-ligiuet:r as to fol -Ill and stibstance if it Puts hlrs a rci!,0nA)IC allocation ol`the Contract Price to , ontpunt l parts of 111c Work. \I( I R I I I. t't• N'I RC,\(' V I)K'i_' ALN I S INTENT \'111 NDIM.- ftf t if \ i he ('olllt,ct Di-tilwnls alt: co nplcmentan; %shat is iitltiliSd It\ acre Is ,ti ltihdult�l a, if tct,uired by all. It It i3,ht• nacIA of the ( onit.u't I)uctill ients to descril*e ,t tun,lion.ilh :ornpIcte Pro'cct (tn [)art fll eol) to be ac,ortl3ncc \\tib 1110 C`ut)tract Doclintenls. lilt tat o! do;t.tnat°nt.tt:on. +cry iC,s, ni,:lerial,, or equip- ment OWI inay rca>t rsaFly the :niens'd trent the Contract l)is.rrnie;it, or iltmE lnv+alliin° , Inion) of lvtcc u�aue 3, lst'nmk lc,itnicd to plodn.c tib InACII l'd lc: till will be pi+ s ide,1 \OCIliet of not calit'd fur ;u F1.0 a.f,jowl;.d epi+l t„ It lis �nt.rt d rrtit'r1'tet.lftt 41,• of Ilii ('t nti—A lt,t.rr,nztitx il,.E"i it: r.�us.! try t�nirntCci .ttipr,jsi,tcd its \itis ft�'t 1.02 R04TOWt, 1lamialc1% A. Sta ndaids. Specilicalions, code%. Laces, and Regulations I. Reference to standards, sptcificatious, manuals. or codes of any technical society, organization, or association, ar to Laws or Retntlations. \\hether such refep'ence be specific or by iinplic tion. shill! rncaul the standard, specification, manual. code, or Laws- or Regulations ill effect at the tune ol, opening of [lids (or on the Effective Irate of the Agreement if there Were Do Bids), except as Inav be othctcvise specifically stated in the Contract Docuntenls ?. No pros _,ion of any such standard, specificatitm. manual or code, or any instrutmon of a Supplier shall be effective 1.)::11ange the duties or responsibilities of Ownci. Contractor, or Engineer. ur any of their subcontractors, cunsuitants, agents. or ctnployees t'r In Close set ti)rth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Gttities, any duty or authority to supervise or direct the periurmance ofthe Work or atty duty or authority ka undertake responsibility inconsistent with the provisions of the Contract Docuntenis 3.01 Reporting tura! Resolrrut; 0 NOVj ulIL res A. Reporting Discrepancies I. ('ortl) nclru 'c Review 1)! ('i)rur,rc/ Oocrrrnerrrs Rtle>re S&irlr»h Work: Before undertaking each pan of the Work, Contractor shall carefully studs and compare the Contract Documents and check and verify pertinent figures therein and s!I appiicahle field rneasurcrnents. Contractor shall pioniptly report in writing to f:ngirleer any conflict, err,)r, aitthikuits, or discrepancy which C oniractor man diwmer and shall obtain a writien interpretation ur clarification from Fngineer bt°ture proceetiinc ssith any \\ ark affected thercb\ . 7. ( 'ontrac'ior s Revivii Ili i •; 1rr/r)lir /),h lrrilc•rl/1 !;r/rrrr Per%urnrrturt ul li'i,r(, jf, dtnitlt" (tic pertorntance of the Work, Contiictor discovers am conflict, error, ambiguity, or discrepancy within the Contact Doc,nnents or betes,cn the Contract Docti- I tents and any pros inion of ant Lass or Rcgulatwii applicable to Ute performance of the 1\'ork or ill a,» standard, specification, manual t)r COJCe kit of Juts insnn bolt -A au)y uvpliCr, C'o>mra,aor Shall pronipth leport it to Engineer in writinL. Contra_tor <I1,di not liro:ecd \\tilt the \\otk aft <ted thereby (OctTl in :ill t here cnt.s as milw(Cd by P.tr.t r:tlsh (t i(, .A( until an ,tttt ndnt;:tt or suppl ntcnt to the Colmacp I?uitrnents has hertz i>,ued hs ol>t of the rrcit.,al, indi:.tt><d Eit f":+r:ta�t,+pf; . tri. if.4rilkilloft'lAhApla, ut laic fleas:/ „it Es iii! + F-p'+tf,gt+, • 'NO.- 1aE:uftti fieri �,•7e «.t i°s,�rs oapa,R At }•aX.s>acrt ra, }- i{ lEf 1i61it:,tff+, rt'etnre, t,i,'i-rc) 1tE 3 ( untwo r shall not he liable to Ow iet or Engineer lir fauhlre to report any contlpcl, error, ambigttily, or discrepancy in the Collttacl I)ocullIC111% unless Contractor know or reasombl) should have known thereof. 11. Resolving! Discrepancies I. Except its Inay bi olher-kc specifically staty'd ill the C onttact Documents, the prolusions all the Contract Documents shall take pick cdetwe in resolving any con(lio, ental, arlibiguit) or disctcp:m- ey between the provisions of the Con(ne( Documents and. a. the prok.W0lis of ;ill\ si,anuilrtt, spmfieatioli• maotial, crrlle, tri itlSltuctlton tw'hether (lr not specilicalf) incorporated bA icteimicc ill file Contract U)ocumenisl; or b. the prostslutis of any paws or RVgtdalions Applicable to the petfoltuatrce of, (lie Wotk (unless such an itimpretatit,n of the prolisions of file Contract Documents slould re,utl ill v Iola - lion of such I ttw of Itegul.monl 3.0.1 ftrrkrr,h?)g lend ti'u/>/rh'nr, rrrrn,t : ',rrNrr;,'1 0oc-1111lc°ws A. The Contract Documents mat, lie amended to ptovlife Ior additions, delctnons, amt tevisiolls I" the \1 ork of to modtt) till' temis and ondilions thetrol by eillief a is hanee Order or a %%'tank t hant;c Dnc\fill r I3. I lie requirevicilk of the Conu,itt t)u%:IlIov1lI\ twi) be Supplemented and nlioor vat lattons and dcv t,In.tns ill the Wvrk tlma be imillorl"ed, by line tit owle of till ltfltailinra \l ail' S: 1. A Ficld Or vI, 2. 1'1101lcel's apIllm al of .1 ',hop DI'ty9 ulv cr sample; isohic;t to file pn'vi'ltins i'1 P.lr.i ra}lit 6 17.1) +1 a: sir 3 1-nLiveeI',iviall CIIIWet IllcI'll; oll,t'ImIIlk stl,an -t_l` h'c uw of I )- inial' ^11+ 1 C('111mt Ill! ,toll am SO,, onl'.t. h,l at Not'}'lat lit ktt,v iutfivrdu'd ill entily fii`If, 'ntama Rallo taifw .'II ,=1 If., AA'ulk ul"Jef a dolma( ilrplla'ifl=-f'r'ia111 :r i,a. ;halll tat>t reuse any of such t)rawin_rs, 4pccifiranons• other documents, of copies thereof (lit extelislom of the i'roject or any other project wpthout written cunselit tit'Owner and Friginver and specific wnllen verification ur adaption b)' Fllgincel. it 'life prohibition of this paragraph 3.05 wolf survive lin;ll pA)nlellt, or termination of the Contiact. Nothing herein shall preclude Contractor frutu retaining copies of, lite Conitoct Documents for record purpuses. .a 06 Flectr(wic I 1110 A. Copies of data funlished by Owner or Fnvineer to Contractor or Contractor to Owner or F ngtncer that limy he relied upon, are limited 1l the pr'Inted copies i Asa known as hai„ copies;. Flies In electronic media fol -mat of text, data, grapliics. or otlwr typei are furnished only for the convenience of the rcceiving part. Am conclusion or information obtained or derived from such electronic fifes will he at the user's sole risk. it there is a discrepant} betwectl the electronic files and the hard copies, the hard copies govern 13. Because data stored ill electronic media format can deteriorate or be nludifrcd inadvertently or othem iso lv ithout authuritation of the data's creator. the party receiving electronic files agrees that it will perforin acceptance tests or procedures within 60 days, after which the receiving part) shall Ic deemed to have accepted the data thus transferred. Any errors detected within tilt 60 - da) acceptarice period will be cornered by (tic trallstetring party. (' ;! hen Transferring do ulnents in clectromc media totmat, the iranslerring party mak" no representations as to lout; tenni compatibility, usability, or readability of thh'tntltilts ttStilllll_u f call) tale use of So' mare application package;. operlting, s) Stems. car computer haidlvarc dllf9'ring from those used by -,lie data's creator \R IICH 4 ;\\:AIL -\BILI") OF (ANDS: St BY tit At 1, AND Ill 1) SiCAL CONDIFIONS; IIA/ -ARIAIt S I-NV'Il OMIENTAL CONDYI IONS, RI 1,1 RI `.(T P)IN IS l of ft,r:/ei'1ir71 aJ 114 lint,/, \ ()t,rsa;t 01,111 tlnniclt Ilse Silk: Ihlnct .hali 110111\ r'irtn i,1 '. -'I of ,tial cn-,tkmbilmie� t'r resma oti nmol ,'c nt l,ll al''I,li, atll.kn but *prriftalf\ rdl,ttcal to use ar` the tens ,,lilt >lLi, it i tantLta=4 111114} Calltl},f9 ill pCift)tlmBlt I h-ile of ea+}nota` .ku,, 101,• 1`- a't-"ks`41,11 t �'!il, ;is lyltict yt ail ob!mn ill a twwl, Grinner .ind (,ay Irl , '.tt� ')1.1(9 alq°'. `,Int-, ;f �1,-•1+., 'd �: fir.( f� :.,'antit let+lr',rlrktHr.liSi:I`t ,tit n,tU1C„'r }'ftrhrle,lt �. urfrktrt9 1'.=1 :,I tae e't _liSa sea=t,. -Cr 1-:1-,", 1,1 f X11411;k lit,'tit tttci''mlr.r.tol jlwJf-iliaCl ary bCaIIq Ili.: tk alt of I o-n"Ir. , t '-1 t r ,, as,'ct q: -H, ,1 s:,'t I_ C1rt,tf_11)><lli i„ s.+r est, lite am"lolt kir koli,l}h.aflt�. InAll4mil. i 4kh, , it•',f ,1 k.lsl.. all, Iq if lsia A 10', JJi > tlllknr fel th; I t'r+tr,t:.t I'rr,:k a'r Ml , + 11.''.411 i, 'i ri "'Cl tat ,1111 &f.11 Irl t iAfi, (b=rio trick; ttlk NV, ''.1 ,t f FIt 01etc,rt- f flail Oor I' ft ft+ ! 4-�7'„�n!fx:� lr:' ai si N ,xa=6�r•z�[,.r t�, , ..-'s8t a+t tie. 1 Ea!rn3s 1a-11->t*i.5�1 ':.><•; is.4�-,.arF +�eia e,,.iia,ri ..s-.a:af lw}aw:.cls (-.t! r\ f;'.. 911 (:tilt, etx, tt�� p,r., , rt I I Irnay make a (Taint therefor as provided in Paragraph Itn.tlt. 13 l poll teasol!able writieu request, Owner shall tilrtush C ontradot with a cuircnt atatetitent of'record legal title and Icgal description of the lands upon which file Work is to he pct formcd and t)\\ncr's interest therein as necessan for pivtng notice tit or filing a mechanic's or construction !Sell agaillxt quell lauds ill al'+,'V1'dalle'e \\ :Ill applicable l.illa:E anti ltego"ahot)a C_ Contractor shall provide for all additional lands and access thereto that IllaN be requited for M11110lall' conmiuctiot facihfies or story+gc of malellah and equip- ment. 'i n3 ,tiuhudd ar'oandl J'htairul i',rilii oe t A. Rgomik wid Oniii mg% Hie SupplemenhitN Conditions identity• i . those reports of explorations and tests of suh,- -ice conditions at or contiguous to the Site that Engineer has used ill pwparhig, lite C'omract Docu- ments: and '. those draw ❑igs of physical conditions in or relat- ing to existing surface or subsurface slrttcnlrcs at or contigunus it) the site icxcept Underground Facilities) that Friginwer has wcd in preparing file Contract Documents. B. Limited Rclitrave ht t'turtriit,bir n:l 1tThrlr,::r1lkr4t uthori_rrl Contractor may rely upon lite gencnal accuracy of the "technical data, contallied in such rcpotls and drawings, but such wporis and diawinp,:t ate not Contract Docunwnts. Sueh "technieal data" v idcitified in the Supplemeivary Cmiditioni I \ce'pt for such relimicc on such ' technical dala," t'ortracti r illm not lett upon or make any claim against f )w'iier or I- lwnlc Ci. (if iii N- or their Reldic.i i lifiiics \villi respe:t to I. the contplelelless of xuch feptolls ,lull tlrawntz. ti\r ContractC+r's lllirposcs, imfudmi!. but nut himled lo, any aspects of the rllcans, nicillods, tcetimtiucs. sequences, anti ptocetlnres of Ctllisti il5 tktii tut be employed bN Contractor, and safety ptccauu+vns airs programs incident theicto:. cr 2, other data, iracstnrta4oiis, hinicirn, and infomtation Cot lalnctt it) .1101 a:pwlis of sbt>wo or indicated in such qtly\\tu) ;. ,ir d.03 1)1l)t'ri;1 ,1'uhsurhrcc i»' /'ln'.vt 01 C nnt6nt+rr.t A. Notice if Contractor helieves [flat any suusufface 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 ans "technical data" on which Contractor is entitled to rely as provided in Paraeraph -1 W is nnateriall\ maccurate. Or 2. is of such a nature as to require a change in tic Contract Doctimcnls: or 3, differs materially front drat show i or Indicated in the Contract Documents. est 4. is of an unusual nattrc. and differs materially from conditions ordinarily encountered and generally recognized as inherent in work nr the character provided for ill tine Contract Do"Iments; then ColntraCtOr shall, promptly afler becoming aware thereof and before turther disturbing the subsurface or physical conditions or performing any \6ork in connec- tion therewith (except it an emergency as required by Paragraph 6.16.A), notify Owner anti engineer in writing about such condition. Contraotor shall not further disturb such condition or perform any work in connection therewith (except as aforesaid) until receipt of \\ripen order to do so 13. Piligincer .\ Review: After receipt o! written notice as required b\ Paragraph 4.b "i A. lineineer will prrmptlN review the perrinciii condition, determine the necessity of 0micT s obtaining additional exploration or tests \yith respect thereto, and advise Owner in .yritinL (\\ltb a copy to Contractor) of F;nginccr's findings and conclusions. C Possible Pricc and Titles Adjusiments I Thr: Contract Price or the Contract fillies, or both, will be etliiiiably a(iusted to the extent that the Cmsicncc of such differing subsurt<ice or physical eondihon causes an increase or decrease in C'ontractor's cost of, or time requited for. [)error - malice of floc Wolk: subject. ho\ye\er, to the lollo\\- m a such condition nilist meet any one or more of the catcuones dc,cnbcd in Paragraph 4.03 A: MAI any Conlrcretur intorptrt,nral W of ei_'1'011'wll I+, will} rk: pIw t to \\ ork that k p,3id :nr on _r hint drawrl from any "tecfulicat data, of .Im -'uvh "11":r Pmc llasis, ,inti adlustinneni in Con(ract Pri,c data, Inlevrrelatit}ili.olt)In0ii' +'t {nf:•tni.l'_b,Il ;%dl be saii'tecl I,) t1. ffuA'1S1"IIN of Paia;raf:lts dwil tat til' cot!tled it, tin\ ,iJmNly em til the r k'nivwt I'riec of untr,i.t 11111r� ria f1(IAS'1 -4i;i �tk�i4lY.it.ftµtzft4px)rlvsk,tf,t ter E,xgi�tPi:xltblit :ntlltiEt! _ A +'t�tf rgriA + �dx=+; iyt.h-frsf 'x»M:rrt vt f"left \ti..Y.�A f Yr+eirx.,, fvr t --.i4 IFt :tit r+drdi. Yc.t'tt Yin ta;a `two . i a. Contractor knew of the existence of such conditions at the time Contractor roads a final Conlillitltlent to Owner with tespecl to Contlaci Price and Contract Tii11CS by tile StrbillkSlln1 OFA Bid or becoming bound under a negotiated contract, or b. the existence of such condition could reasonably have been discovered or mrvated as a result of ally es:mlrllaflvtl. investigation. explo- tation. test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or fkw Contractor prior to Contractor's making such final conintitment: or c. Contractor failed to t!,!%e the \Sriuen notice aj required by Paragraph 4.03.A. +. If Owner and Contractor are unable to agree on entitlement to or on the .mount or extent, if any. of l)ry adjustment in the Contract Price or Contract holes, or berth, a Claim may be made therefor as provided in Paragraph 10.05. Owner and L-tigineer•, and any of' their Relined Entities shall not be liable fO Contractor for any claims, costs, losses. Or damages (including but not limited to all tees and charges of engineers, architects, attorneys• and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor un or in connection with any other prk jest or anticipated project. 4,04 Cockle-giuxnrihOcililies A Shutt n cit hulwatc'd The inf6rmaliwi and data shown or indicates( in the Contract Documents %vitll respect to existing underground Facilities at or contiguous to the Site is based un inforination and data furnished to O%%ner err Engineer by file owners of such Underground Facili- ties, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1 Owner and Frigirim shall not be responsible for the accuracy or completeness of any such inforination or data: and '. the cost of all of the following will be included ill the Contract Price, and Contractor shall have full m,puti iNli;y toe a. re%irwini! and checking aA such intt+rmataon and data, b. locating all Undetground Facthtics shown or indicafed in !fie Contract Docuructns. c', coordination of flIC `h ark %% nth the Owner, of uch t_ n(Myround f acihtirs, imluding O%\nCr, doting construo:ritni, and cf. the valet\ and protection of all such under- ground Facilines and repairing any dtunagc thereto resulting from the Work. 13. Yw SAmnr nr Indo nr"rl I. If an (:nderground Facility is unto, eml or tevealed at or contiguous to the Site which w;as not shown or indicated, (it not shown or indicated \vrth reasoitalalc aC�iiraCy in the Contract Documents, Contractor shall, prompth ailer becoming more thereof and bettrre tlrrfiwt disturbing conditions attested therebv or performing any `,York in connection therewith (except in an cmerolency as required by Paragraph 5.16.A), idemit'\• the q\%Iter of such I ndergruund 1 ,tciiity and g;%e writtui notice to that ny„ ter and it, Gaoler anis F.nginecr_ Engineer \+iii ptornittly rc\ie%% file ! Indergr:iund 1'acihty and detennilu: the extent, if any. to \%Inch a change is required in the Contract Documents to reflect and document the consequences of th;: existence ur location of the C nderground Facilih During, such time. Contractor :;hail be responsible for the ,aleth 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 ane Underground facility that was not shown or indicated cr not shown or indicated with reasonable accurac% in the Contract Documents and that Contractor did not know of and could not reasonat\l\ have been expected to be aware of or to ha\e ;anticipated If O%%ner and Contractor are unable to agree on entitlement to or on the amount ar extent. if any, of any such adjusmient in Contract Price or Culartact )lines, Owner or Contractor may make a t_'fainr therefor as provided tit Paragraph 10.0`` 4,05 R,,A•rcm v Pointe A. Owner shall provide engineering, surveys to Csiahlish refercnce pomis for construction which in Engineer `% judgment are neer..>san to enable Contractor to prokeed %%iib the \%ork. Contractor shall be respo,wbfe l""r la%inti out the Work, shall protect and preset%e the cst:ibfished reference points anct pruperty nlunuurenl;, and ,ha:l make Ilk) %panus or rehications without the ptio: %%I IItell approval of0wiler. Contractor shall report to Eulginret whenever ary referene,_ pouts or prnperty rnumnnent i, lust ur destrt):Vd or rryuitt-s lelucatiotr hec;etlW of necCt.sar} changes in �,rades kir locations, and sh.011 t>e rviponsible flit the accurate mpla.k nment rt ,'I >uch rctercnce pones kir properi% rm}nutticnt's by frroics<tt,rr-.tliy ytrahficd prn.�nnca 1_0 Its 1 - iMmATA41d taetrfal4'onirsa'! a: Ulsgri t�lG :rh'2.'i.�hkaa •rte,e€p;¢\ofV OOA,,lw,ak foigkrsrr. rare 114 Oil %1116;tl11,'C"F 0 tsU�IK; • 13 `1:06 zlu:arcluu.c t 'uiillifion tit Site A. Rellm9a anil ))troman gs Reference is made to the Stipplententary Conditions for the identification of'thosc reports and drawings relating to :a hazardous F,tlN,ltoil mental Condition identified at the Site. if am, that have been utilized by the Fngincer in the preparation of the Contract Documents, 13. 1 imi"(0 Rrliunce Ill. Conlim-for cn lechoucal Dow Authorized Contactor may rely upon the vencrtl ac uric} ofihe -technical fl;u4i' contained in such reports and diawings, btu such reports and drawings are not Contract Documents. Such "technical data" is identified in the Conditions. Except Cor such reliance on su0i "technical data,' Contractor n.", not rel'., upon or make any claire against 0\v tier or Lrigineet, or am of theit Belated Entities %with respect to: I. the completeness of such reports and draw•ines ('or C'ontractor's purposes, including. but not limited to, anal aspects of the means, methods, techniques, sequences anwl procedures of construction to be employed by Contractor and saMyl precautions and programs incident thereto-, or I. 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 front any "technical data" or any such other data. interpretations. opinions or inti,rmation. C. Contractor shall not be responsible for any, Hazardous U..nvironmemal Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documenls fo be within the scope of the Work Contractor shill be responsible for a f Iazarl:lous [environmental Condition created with any materials hiought to the Site 1) Contractor, Subconbactors, Suppliers, or anyone else for whom Contractor is responsible. D. It Contractor encounters a I iazardous friw'iforlmental Condition or if Contractor or anyone for whoa Contractor is responsible creates a 1lartrdous I.nvironmeinal CoiWition. Coruuartor shall immediately,: ti) %ccure or otherwise iaolate .uch condiuow (it) stop all Work in connection wth such condmon and in an% area affected thereby {except in :in cinergeracy as required try Paragraph fi. Ib.A ), and (iii i nolify Owner and Un&tneci land promptly thereaflel confirm such notice in %wiungl Ovw mei thali promptly cowmh with I:ri itieer t:cm:crning the rccessaN for Owncr Fia retain a qualitied expert to - w aluatc SUCIt condition or take :orrccti%e w1m]. if .ail% 1. Cormjctor =,hall not lir acquirer) 10 tcsume \\ oak in votincown :with lush condition fx in am af(ea d ;area unlit ;atter ( tw%ner h;c- obtained ;any requ;rcd permits til specifying that such condition and ally, affected area is or has been rendered safe for the resumption of Work: or til) spccil,) Ing ally special conditions undef which such 1Fotk ma\ be resumed safely. If 0wrier and Contractor cannot agree as to entitlement to or on the amount or evrew, if any, of any adjusuncnt in Contract Price or Contract Timc•s, or both, is it result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party relay make a Claim therefor its provided in Pataeraph 10 Ci'i. F. It ailcr receipt of such %written notice Contractor dot m7t agree to resume such Work himil oil it reasonable belief it is unsate, or docs not agree to resume such Work tinder sucli special conditions, then thirler may order the portion of the Wotk that is in the area at by :.uch condition 1, be deleted from the �\ ork i f Owviwr and Contractor cannot agree WS to entitlement to or on the amount or extent, if any. of an adjustment in Contract Price of Contract Times as it result of delefing such portion of the Vk ork, then either part-, may, make a Claim therefor as provided in Paragraph HOS Owner may have such deleted portion of the Work perliarmcd be Owner's omit forces or others in :accordance w ith Article 7. G- Fo the fullest extent permitted by Lawvs and Regulations. Owner shall indemnify and hold harmless Couu:tctor, Subcontractors. and E rwincer, and the officers, directors, partners, employees, agents, consultants, and subcontractors ret each and anal of them from and against all claims, costs, mosses. and dainm,,es (including but not limited to all tees 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 it Ha.ardous Livironmental Condition, piovidcd 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 Ile scope of the Work, and (it) was not created by Contractor or by anyone for %whom Contractor is responsible. Nothing in this Paragraph 416E shill obligate Owner to ind:irinnl; any individual of entiR• frcni and against tot: conse- quences of that indi ideal's or entity's own neglig nice. Ft. I o the fullest extent permitcd by Lawvs and Regulations, Contractor shall indctrulify arld hull harmless Owner and Frgmecr, and the officers, director, p_artncr;, employees. ,agent-, consula;mfs. and subcontractors of each and any int thein tronl and a+',alii.'t all claims, dist"', lose,, and damages l including; but nvt limited to all fees and charges of cru-mccr;, archiiccts. attorney s, and ollret profes:,ionals and all co�rrt or arbitration or other dispute resolution costs) at v ing out (if or rclaiim_,. to it I farardons f.nw iromuclatal ('ilnJiti0N Cleated by Contractor or bw MM One for awhoitl 01411t40kir is responalile Nothing in ibis Paragraph I Of) I f .hall oblit,'ale Comlactor to Indelmuk am anifividaal of emit% liwnn and, ag,unst Phe iooscgtwnSL' ifn}iat >nd!%iduaf ,. t sunit%'s oswn uclth;;er.,;e. related thcr.to and deiwcled to C viar'l.tot miimi noii%:A: Fd4t;•f ( ail �tsm.¢r!is(.n`tltt4t t�raa,litatu�ei•r 4tarfan.i�urtal: itf an!ld. i. ( opk Ilgha ' :tKiz tilt ia+.ra�hl-, 411 0 Yttaly• wa4l I ogiaam, Iva i .Fl. Int . .Rai rithio !s- V rwret Vti'flti- i! I, The proyit,ions ol'Paragraphs 1.02, 1.03, and 4.04 do 1101 apply to a 1lanudous F.nvirollmental Condition uncovr:rcd or revealed at the Site. ARTICLE 5 - BONDS AND 1' DRANO: 6.01 PO. -h U7110111 c° I'm a! ent. coir; 01hr•r !?cords A. Contractor shall llrrnish performance and payment bands, each in an amount at least equal to the Contract Price as security for the faithiul perfirrmillic and payout rl of all of Contractof's obligations under the Contract Documents. These bonds shall remain in COCO Until one year atter the dale wheys final payment becomes due or until completion of flue correction period specilled in Paragraph 13.07, whichever is later, except as provided othem ise by taws or Regulations or by the Contract Documents. Contraclor shall also lurnish such other Bonds as arc required by the Contract Documents. B. All bonds shall be in the tomo prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as ate named in the current list of "Companies Holding Certificates of AuNionly as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring C'ompa- nics" as published in Circular 570 (amended) by tine f=inancial Management Service. Surety fond Branch, L' S. Department of the Treasury. All bonds signed by an agent must lie 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 requhenients of Paragraph 5.01.3, Contractor shall promptly nutifj (honer and Lng,ineer and shall, within 20 days after the C\ Cut giving rise to such notification. provide another bund and surety, both of which shall comply with the requirements o3 Pat agraphs 5.01.8 and 5.02. 5.02 Licensc(l urerie.% aml limes •rs A. All bends and insurance required by the Contract Documents to be purchased and maintained by fawner or Contractor shall be obtained from surety or insumance colnparrics that ate duly licensed or authorind m the jwisdiction in "Inch the Project is located to issue bends or insurance policies for the limits and c overages so required, Such surely ;md insurance companies; shall also tttret such additional rcquiremetts and quafitications as limy be provides) in the Supplementary C'i.nditioru:. 5 112 C rr[r'lic,rrx-s c>!Ir!rr;ort:r..' of insurance requested by Ocaner or any other additional insured} which Contractor is tcquircd to ptnchasc and maintain. B. 0tvilet shall deliver to Contractor, with copies to each addilional insured identified in the Supplementary C'andi- tions, certificates of insurance (and other e\ idencc of insurance requested by Contraetor or any oljief adilititnlal insured) \\hich Owrr:r is require(] to purchase and maintain. 5.04 t urt!!'.rc!r!r'L l.i,rbrlrtr l!tcrnutrr A. Contractor shall purcl>>se and maintain Such liability and other insurance its is appropriate trot the Work heinl performed and as will provide protcetion ti"om cl.tims ;et forth below, which utak ari,•v out of or result frmn Contraclor's pet lormancc of the 1. or"k and Contractor's other obligations under the Contract Documents. \,whethef it is to he performed by" Contractor. any Subcontractor Or Supplier. or by anyone directly or indirectly ernpioyed by aany of'thcttt to pertiorri any of the Work. or by am One for whose acts any ofthern may be liable: f. claims under workers' compensation, disabilit\, benefits, and other similar employee henefil acts; 2. claims for damages because of' bodily irtjur., occupational sickness or disease. or death of Contractor's employees. ? claims for damages Because of bodily injury, sickness of discatse, or death ohany person other than Contractor's employee;: d. claims for damages insured by reasonably available personal inJury liabilit\- co\erage \\,[rich arc stwaincd: a b1 any person as if result of an ollense directly or indhecly related to the rrliploynrent ofsuch person by Contractor. or b. by airy other person liar any other reason 5" elainis tilt damages. other than to the %\ ork itself, because orf injury to or dcsiructiun Of tangible property wherever located. iticludinp. loss of use resulting ilicrefrom. and 6. elainis tin damage, because of bodily injury or dea111 of any person 0t pruperty dama0c Arisirtar ct' .of the Ownership, maintenance or ttse of an\` nrotnr \,rhich: • B f he pohcie< of, in>uraui,:r required E s 1111; I'mac,1a15h 5 U4 ihall A +.`ontla,lor Shall deliver to Ctwttcr'. Leith oopm', to each 1 \\tth re5pc:t to M'StAi hili rc+:wf ,l tryt, r;ti,oh. additional rnsurcf tdcntifird in flit: suppicimmlrry 5.04 .1. thfo:ol,'is c 011 :1-t, wOu'tLc. itrclud; =ts C. ndrtionr ctrtili,- alcti of insut,mcr t ur l other %ider c )dcltti,ou;af tr at ,t i�trlslr,r to ,im c ntt,.�nr.u� rsclu- }.f[ 1AE 1 "tM! SrsmalarJ tltontrst r'4+nclorbrnt� e�f tt�� < �-ar.rrc,� tit � f rtrtra.t_ r +: f,j rrytur � :4K1>' r\,piaaurt tit�C �r{� of t"rmrr+t.,n<rt i �ar;lmav r. rill l St (if 1tr e���t� nsarncot cion regarding professional liability) ()\yner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall he listed as additional insureds, and include coverage for the respective officers, drectors, 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 claim, covcre.d (hereby; '_. include at least the specific coverages and be written linr not less than the limits of liability ptovi(j- cd in the Cupiniementaly Conditions or required b\ Laws or Regulations, whichever is greater, i. include conapdeled operations inuranee: 4. include contractual liability insurance coverirw Contractor's ntdenulily Obligation, under Paraglapins 6 11 and 6•20; 5. contain a provision or endor.icnient that the coverage afforded will not he 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 tine Supplemenlat)- Conditions to \\hole a certificate of insurance has heen issued (and the certificates of insurance furnished by the Contractor pursuant it, paragraph 5.03 will so provide): G. remain in effect at least until fnal paynnent and at all times thereafter when Contractor may be correcting, removing, or replacing defective work in accordance with Paragraph 13.07:. and 7. will iespect to completed operations insurance. and any insurance co\erage written on a clairm-made basis, remain in eltect for at least two \ears after final payment a. C ontiactor shall furnish Ch\ncr and each oilier additional insured identified in the Stipple- mcntary Condilion>, to .whorl a certificate of instrance hat ben issued. e%ideacc atisii9cton to Owner ,and any such additional insured (If continuation of such insurance at final payrneul and one y ear thereafter. 3 05 Chrrnv t u:hr(rrr lmiu,rrrr" A. lit addition, to Ow insurance required to be provid='a.t b\ C'outractor under {' araerapil S Oji, (h\nCr, at (?wnwr's option. lila} purcluse and maintain at Q%\neC s cuVense Owner's own liability Insurance as %wilt protect Otinea 5.06 ('rry>rrrl IIIA I I OR It A Ihtless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain ptoperty insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to :•uch dc(duetihlc amounts as may be provided in the Supplementary Conditions or required by Lays and Regulations). This insurmce shall I. include the interests of 0%%ner, Contractor, Subcontractors, and Enbincer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners. C411ployecs, ;lLwnts, core;ultants and ;ubcontraclors of cath and any of them. each of v. -horn is deemc%l to have an ,-'surable interest and shall be listed as <i in insured or additional insured; 2 he \\riiten on it Builder's Risk "all-risk" or Open peril or special causes kit loss policy form that shall at least include insurance lot physical loss or damage (o the \Volk, temporary huildings. false \\ork, and materials and equipment in transit, and shall insure against at least the folltming perils or causes of loss: tire, lightning, extended coverage, theft, vandalism and malicious ntischiel. earthquake, collapse. debris removal, demolition occasioned by enforcement of- Laws fLaws and Regulations, water damage, (other uhan 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 hilt not limited to fees and charges of engineers alld architects): -1 cover materials and equipment stored at the Site or at another location that ;was agreed it) ua wrifing by Owner prior to being nxorporated in file Work. proyrded that such materials and equipment hayc been Included in an .Application for Pa\ ment recommended by (.mincer: alto" four parlial utilization of the Work h\ Uwncr, f, in_ludc t stint: and startup: an,! 7. be maintained lit cttcct until final ptj\menu 1, made unlcsi other%\i,e agreed to 11 iimtiil, l}\ OWICI. C'onttaclor, and Fnguaeer .\1th 30 da%s wti►ten notice to each .ether sdditiOuat msurctoo \\hoill a Ceti ifit cite of ln'tif ance ha, beet) liNued u,annst Jams which may BYltir trom aperal(oe)s under the til .)niter :hall purcha c and mamtitin ,uwlt bo<itwt ilr i C"l+nit"aCt l)UclirUrrlt S. machin.n irlsurance or atidawn:11 pr\�{Kr\ Intinr,eilCt d5 lrlj� he rViltiitrd b\ the :lapftemCittatrl (i't.liticitnv lir Lata and t?cl,utatiy�n whieM wzit include tic nur[r,t> elf OMIN _ Conor clol, Sur;aratta:.tul,. mid I,tku.ecr,,ulA> I A lit, 4 •'4+4' At al 4.carr at( vo lit writ 41be t oRk's I tK't itlo ( wttt it is l:t":ilial ia1..r:eAiAP 4r4+ttl+FrPr,.re„tt'.81 t ngknfean 1,-e i -.)(IM \f! light, Ate, heel ,jti"I'll It, any other individuals or entities identified in the Stipp lementaq• Conditions, and the officer•,, dileclors, partners, employees, agents, consultants and subcontractors of each and any of then), cacti of \\t(on) is deenud to have an insurable interest and shall be listed as an insured or additional insured, C. All the policies of insurance land the certificates or other evidence thereof) required to be purchased and maintained in accordance with paragr;lph 5.0() will Contain it provision or endorsement that the coverage atlorded %\ ill not be canceled or llialerially 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 (o wham a certificate of insurance has hcen issued and will contain waiver provisions in accor- dance with !'arttgraph D. Owner shall not he responsible for purchasing and maintaining any propcny insurance specified in this paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the \'Fork to the extent of an\ deductible amounts that are identified in the Supple- nietilmy Conditions. The risk of loss within sucl) identified deductible amount %%-ill be borne by Contractor, Subcontractors, or others suffering any such loss, and it' any of them wishes property insurance coverage within (he limits of such amounts, each may purchase and maintain it at the purchaser's own expense. F. II'Contractor requests in writing that other special insurance be included in the property insurance poheies pro\fded it nder Paragraph 5.06, Owner shall, if possible, include such insurance. and the cost thereof N% ill be charred to Contractor by appropriate Change Order. Prior to coil Jill encemeni of the Work at the Site. Owner shall in \writing advise Contractor whether or not such other insurance has been procured by Owner. 07 ff`,ririr uJ'Rir ltt.c fit addition. waive all such rieht> against Solxontrict<rr". and 1:11elneer, and all other individual: or civilies identified in the Supplenicntuy Conditions it be listed as insured or'lddili0nal insured (and the officers, (Neciors, partners, en)pioyccs, agents, consultants and subconlractors of each and am of them) under such policies for losses and duligcs so caused. \one of the above \\givers shall extend to the rights that ,try party making, such waiver may Dave to tic proceeds of insurance ht d by owner as uus(ev Lir othenmse pav,-,Me under any policy So issued. Il CA\ncr waives all rights against ('ontractor, Subcontractors, and Frginccr, and the officers. directors, partners. employees, agenf:s, consultants and subcontractors of each and any of then) Ioi: I. loss duc to business interruption, loss of usc, or other consequential loss extending beyond direct physical loss or damage it-' Owner's property or the Work caused by, arising out of. or restiking hour {ire or other perils t\hether or not insured i\ Ch\ner, and 2. foss or damage to the ccm(plete(I Pro)ecl or pal( thereof caused by, arising out of, or restilling 1'roln fire or other insured peril or cause of loss covered bN any property insurance maintained on due completed Proiect or part thereof by Owner during partial utilization pursuant to Paragraph 1405, atter Substantial Completion pursuant to Paragraph 1-1.04, or alter final payment pursuant to Paragraph 1.1.07- C. An\ insurance policy maintained by U\\n::r covcriul! any loss, damage or consequential loss rcleired to in Paragraph 5.07.11 shall contain pro\isioris to the effect that in the e\ent of pay Inert of any such loss, damage, of consequential loss, the insurers wil) ha\e no fights of recover against Contractor, Subontractors, or 1 n_•inect. and the Officers, directors. palincrs, employecs, agents, consultants and subcontractors of each and any of thent. A. Owner and Conlrac(or mlend that all policies 5.08 Rercipr rirrtl: tlilllrr(rruln of libUNIP)re !'w, ee,/h purchased in accordance \\ill) Parag aph 5.06 will protect Ommer, Contractor, Subcontractors, and Engineer, and all A. Ally insured loss under the policies of insurance 011i , Individuals or entities identified in the Supple- requiled by Paragraph 5.06 will be adjuslcci t\ith O\\stir tnenlary Conditions to be listed as insureds or additional and made payatble to O\\ner a5 f iduciar) !or the insureds, insureds lanai the officers, director, partners. employees, as their interests may appear, subject to the rcquiremeniti agents, con -whams and subcontractors or each an)d ani :>f of any applicable mortgage chmsr and Lit Paravlaph then)) in such policies and \sill provide primary c•o\cr g;.- ios.li. Owner shall deposit in it sepru;llr actvonl sing for all hisses and dan)agcs caused b\(lie per or :aoscs MUM) SO resel\C(I atnd Shall tliStfiblitC" it IIP acClq,I.ince of loss co,,m-d theieb) All such policies strait contain \011 such agtecnlenl as the parties in int,Ic<t ala) lra,!1- pri,\kions (o lite of te,l (flat in the c': cihl of p-�ynient of f l no ollicr special attrccmem is reached, tale daniagcd any fuss or damage the insurer, will )rave no rights of 'votk shall be ""'palled of ieplaF:etf. the n(1Mc\S 40 rccm ci) against any of ilio In,urvd% or additional Insurcdl recet\ed applied on acCcumt thereof- .ut,1 tie \1 oik and the theteunder Owner and Comu>i: for wai\e all ria tits against cost (hereof ro\ eted b) an appropri,ttc (h;+m r Urdu. each tither <Ind !heir rc•speclnr off+cert. directors, ` C+drttt:rs. Ltnpfoyees, agents, eon>ufttants ani; B (ryvnrt as fiduch,lfy shall flaw pty•,vcr it, ad;lust Mid subcontrai t(NS fit Cath and :•illi' tit (befit 1v) -ill fusses aGd settle ant lov, "Wit lht tkf(c Lif Ille tlditiC-, da-1mtge5 eawwd by, ariNiq ow of or riasilline,, Itom 'kY;y m ill intc1c;t shall r'hicki in mltln" %\10111-1 14 u,)v , tllvl the the P,`w% til ea)a4S, of loss colt -,led b\ ',mll po'iClrl atnd 4'ti Urtr nCC tit 10,ilet OmiCr'+ CY4rci-ti t.I thi, Igo\%cf 1, :try A'tlie I ptoprrt\ UULit ; in, e ar)l! a1 hr to ill Wkirk I dud, t0,:h t+tt)i't11L•f) be Inadr, t)Ntic .i, ±r,I\it IafV 01111 ur.tke _ (I..rt fir r -"las;r �I dtit Allt rot Ylt't ati (4cM,lltitw* Uf Ow ( w"If U, iwo t "01140 . t Uµ(rj Y'2k♦f.! w' �'+DII� t43tt�n fYtal bre iR'ti /i( t•Y /Aid StA'�lY4r r'ttTed't'€t test t' rt lit \tr IYS),Ir Yt1tf\Fit (xi'4xi - t'' settlement %Wli the insurers in accordance with such agreement as the parties in interest pray reach. If no such agreement among the parties in interest is reached, ()%%nrt as fiduciary shall adjust and settle the loss with the insurers and, if requited in wilting by any party in iuterest, Owler as fiduciary shall gt\e bond file the proper per fortt►ance of such duties. 5,01) IC,iyudttir 01' ROMA ctrl,! MJlil"MC4, 0!4101; nr 1?cl>lu<<> A. If either Owner or Contractor has any objection io the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by tit, other party in accordance with Article 5 on the basis of n ra-co!lforrllanse \vilb the C omract Documents, the 01*Clillg party shall so Motif} the other party ill witing within 110 days after rceeipt of lite certificates (or other evidence requested) required by Paragraph 2.01.13. O%unci and Contractor shall each provide to the other such additional information in respect of insurance provided as the other Ina) reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such part\ by the Contract Documents, such party shall notify the other party in \\riling of such failure to purchase prior to tale start of the Work, or ol'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 pati,,',; interests at the expense of the pally who \\as required it) provide such coverage, and a Change Order shall be issued to a(tiust Ili-- Contract heContract Price accordingly. 5.10 Piretioi l tilr_ulioti, Acl(nolilerlgment of Propvrlr histrt I- A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph f 4.05, m1 such use ar occupancy shall corlimence before the insurers pro\idingtile property insurance pursuant to Paragraph 5.06 have acknowiedgcd notice thercofand in %Ntiing effected any ch;angcs in coverage necessitated tliereby_ . .the insurers providing the ploperty insurance shall consent by endorsement on the policy or policies, but talc property insurance shall not he canceled or permitted to lapse on account of any such partial use or occupancy. ARI IC t.1" 6 - (-Ci\J RAC'I ()Ji 'S R SVONSIBILITIE S 6.07 \'uy,e t'nsu rt ,t?nl.titjp,'rmte IOe lwe sequences, auld prucetiurcy of construCh011. Ctmtctctor shall nol he responsible rot the ner;h4cncc• of ovtincr it Enghleer in the design or specification of specific nreatls. titethod, technique, sequence, or procedtnc of consh`ucnon \%!rich is shomi or indicated fn and e\pressh required by the ( ontrtct Documents 13 At all times during (lie progress of the Work, Contractor shall assign a'-ornpetem resident supotin- tenclent vow, shall not he re1\lac!.d withoul mllten 11011c(' to Owner and Fligincer e%:cept under cstraordlnary ctrcumstatices. the superintendent \\ill he C'ontractor's representative at the Site and shall batvc authority to act on behall'of C'onlractol. All conmlIUMC tions giwit to or recei\ed from the superintendent shall be binding, on Colltr dor- 6.02 1,(dim 11 orking !hour's A. Contractor shall provide conrpe(ent, suitably qualified personnel to survey and lay out the \Work and perti\rtrr construction as required by the Contract Docul )cults. Contractor shall at all times maintain good dkcipfine and order at tilt Site. 13. Except as othet\\ise required for the safety or protection of persons or the Work of property ,it tine Site or adjacent thereto, and except as otlter\vibe stated ill the Contract Documents, all Work at the Site shall be per lot med during regular \\orkutg hour, Contractor %g ill not Itemlit the performance of \fork on it Saturday, Sunday. or any legal holiday withoul O\%ner':, written consent (\%hich wilt not be unreasonably withheld, given after prior %\rillen notice to I'ngineer. 6.03 "ervic ei. ,ll<rtel-wl . all,/ hauipmwx A. l)nfess others\ise specified in the Contract Document;. Contractor shall prv\ide and assume cull re;ponsif?ility for all services. materials. equipment, labor. nansporta(ion, consiruction equipment and machinery 0.)ots, applt:urces. fuel, power, light, heal, telephone, water, sanitary facifilies, teniporary facilities, and all other facilities and incidentals necessary fb€ the pertorman,c. tcsImL!, start-up, and compaction of lite Work. R. All materials and equipment incorporated into the Work shall be as specified or, if not specified. shall be of good quality and nett, except as otherwise 1\ro%ided ire fire 0,1111-0 Docuruculs- All special %%arranties and guman- tees tcqulrcd by the Specificatiuns sfiail expressly ruts Iii the benetil of O%\ncr. If tequired by Engincer. (Anfraclor shall furnish satislactory c%idcncc tircludin , reports of required tests) a> to the savlrce, kin:l, and equality of owletials and cquipment A. Conwictor shall sup; rvfse. inspect, and direct the Wofk com)pmilfly and cfficicntfy, dc%utulg st.ch attcution C All Imuctial, ,cod r,luiptmeal \11.01 br At itoj.. apoh.•d ihercto and appl" Ing wth ~kills and ;xpem,,c as (nay I,c In\Iadicil, cvnnectrd, crrctcd. prc}te_tr 1. used, c!s,tncef, :ra%i7 nc._es<ary ler pelfotto the Wkmk 11) acCo(d,uwA: \%lth the :olldltltmn:j [it accordance \%ith instrucriotl, of ill, C'willar.t DoCutl nts Centratitor ah:ill be soler\ applicable Suppfic r. a % clot :t, other%%r r may t+,: pr. %ideal (cyIxalisrGi,; fi?r the (uesn%, ioethodr, tccbaty(tt•s, ire th, t'aealr.a; t).,;utncrxs e .;,Fn rt ht .1;- Iixol Nottvu,al S"aril a( year(—mortal t a ggAtts, U=r I U lit . 6tt tatht\ rt,e r, cS. ri(r" 00- I" 6.0.1 Prowt,.\.\ Scheilttle A. Coiltrtctor shall adhete al the. Progress Schedule established in accordance with Paragraph 2.07 as it nlay be adjusted front time to tittle as provided bktjo%v. i. Contractor shall submit to lingineer tix acceptance Ito the extent indicated in Paragraph 2 07) proposed ad,itistmems in the. Progress Schedule that will not result in changing the Contract Times. Such ad)nitilient3 will conlpi) \kith any provisions of the General Requirements applicable thereto. 2. Proposed ild.iushllents in the Progress Schedule .?lilt %kill cllarlge 111;: Contract I'mics shall be submitted in accrordance \\-fill the requlrcilleili5 tit' Articie 12 Adjustments in Contract I'inies may only be made by a Change Order. 6.05 .17rR.c1111ifev will it -h-qu ills A. 11'henever 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 (alder the circumstances described below. I. ' Or -Equal" Items ll, fit Engineer's sole discretion an item of material or equipment proposed b\ Contractor is functionally equal to that nailed and sufficiently similar so that no change in related Work will be required. it nmy be considered by Engineer as all "or -equal" item, in \which case revtc\c and approval of the proposed item may, in Engineer's soic discretion, hs accomplished \kithout complianu \kith some or all of the requirements fix approval of proposed substitute items. 1 -or the purposes of this Paragraph 6.05.A. I. a proposed iteral of inatcrial or equipment will be considered functionally equal to an item so nailed if. a. in the exercise -)f reasonable judgment 1_rtgincer dvierinum, that. l } it is at least equal in materials of constiuction, quality, durahilil%, appe;rrance, Similgtll, and dcSIP'll cla;tractcri:tics; 1 it vsill rchibl\ petimm st least cquall� well file funaion and achieve the result, imposed tE the dcsipn t:vm:v at of (he +o7opfcit°ill l'rv)CLI us:e fdnklionvg- .(bole. t± it has a proven lccold of tier Iiatt£ance anti avadabihiN 01, respoltsivr >tn ire: and 1+. Conliactot t ilitics that, it approved and 1110uporated into the 'i\ ork: 1) there will be 110 nuclease to cost it, the M\ or inereaw. in Contract 'I imes. and 2) it «ill confilt•.n substantialik to the detailed requirements of the item named m the Conlract Ear Liulnml�,_ Substitute lfettls a 11' in Engineer's sole dricreuon an item r:1, malcri<d , cquipmenl proposed by Contractor does not qualify is an "or equal' item under Paragraph 605-A 1. it \011 he considered a proposed substilu(e ileal h. ('0111 :£clot ~hall submit sufficient inturnatinrl as provided belLm to allow Engineer to determine that file item of mai rial or equipment proposed is essentially etittivalent to (hilt named and all acceptable substitute lherelor. Requests for reww of proposed substitute items of material or equipment will not he accepted by Engineer from anyone other than Contractor. c file requirements for review b} Fngineer \\ill lie as wt ioilh in Paragr2l?)r 6 05.:1?.t1, :rs supplemented in cite General Requirements and as Engineer may decide is appropriate under the Circumstances. d Contractor shall make written application to Lngineer for ret iv\k of a proposed substitute item of :11aterial or equipment that Contractor sects to furnish or use. The application I t shall certite that t!,e prop—ed sub>tittile :tell) will: ai perforin adcquatciv the 1,11111,11011. and achiekc the re"uhs called for by the Leneral design, bi be lilmlar rn Subst, 1,o stat specified, and 0 he suited to the ",tine use as that speckled: 21 \% ill stati: ,tr the extent, it it iv to vsliikit fir fisc o) tw proposdu subswllle itern will preiu dile Ctiutraiitr'> ichtc%v hent tit �ilrlrstailliA r ti,illpte�l, ri it lint', 1 14 1st t --+ar >tra: l rq! 1'fAct'rl t_vDil.-waa%of rice l +: fill tucl e1,, I t,nlatAr ,if l"e IrIIAa SAI iatiNetil fvW #J4 IK- 6A) K aAc w I -o b) \\'holier or nol use of the proposed substitute item lit the work \%ill require a chaste in any of the Contract Docu- nienls for in the pim isionis of any other direct contract with O\\ner tot" other \\ork on the Project) to adapt the design to the proposed substitute hent: and i) \\hethet or not incorporation of use of the proposed itibstitutc item in con- nection with file Work is sub)ect to pa\'Inert! of any license fee or ret\'ally: 3) will ideattil,\ ,t' all variations of the proposed substitute item hom that specified , and h) available engineering, sales, maintenance, repair, and replacement ser\ ice: q) and Mmil contain in itemized estimate of all costs or credits that \will result directly or indi- rectly from use of such substitute: iteral, including costs of redesign and claims of other contractors affected by any resulting change, B. Subslinrre Convrrriction Alelhods or Ppwcediires V.1 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 Enginecr. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute propped is. equivalent to that expressly called for by the Contract Documents. The requirements for revie\y by Engineer will be similar to those provided int Paragraph 6.05.A.2. C. t:ngrneet s E alu mon Engineer will be allowed a reasonable little within \\hich to evaluate cacti proposal or submittal mad\ pursuant to Paragraphs 6.05.A and 6.05.13. Frigincer may require Connactor to finni\h additional dalit aboun the proposed substitute Item. Fneincer \\ill be the sole judge of acceptability. No -or equal" or Substitute \\ill be ordered, installed lir utilized until Engineer's review is complete. which \\ill be evidenced by euher a Change Ordcr fur a substitute of an approved Shop I)ra\vifig for an "or equal f=nginecr will advise Contra Am it, writing of ant, ncyatt\e deteumnalion. ucin so proposed or submitted by Cowtac tor, Conirtctor Shalt reimburse (honer fur the chart"e\ of I nktnccr lir evahtahng cacti such proposed substitute conlrtctor shall also reimburse Owner for the iltmltcs of f ngincer tier ranking changes in the Contract Docunnents (or in the provisions of any other direct contract with O%tnci resulting frow the acceptance of each propo cd substitute, I r_'orntr, lor'.a L• yrwrre: Contracim shall previde all data in sit p(tott of any propw;ctl substitute or "or•cquai" -it Cont actor's espettse. 6.06 Concelnin,g.Subconrr�rciory Sof;lrlrr^,.8, nnrf 011 ers A. Cuittractor shall not employ any Suhcontractoi, Supplier, of olif , individual or entity (including Ihose acccptablc to Owner as indicated in f1magraph 6.06.133, whether initially or as a replacement, against \\honl Ov\ner may have reasonable objection. Clntraclor shall not he required to employ any Subcoruracloi, Supplier, or other nidi\ idtral or entity to furnish or perform ;ut\ of the Work against whom Contractor has reasonable objecnott. 13. If the Supplementary Conditions require lire identity ofccrtain Subcontractors. Suppliers, or other indkiduals or entities to be submitted to Owncr in advance for acceptance by Owner by it specified date prior to the !-affective tate of the Agreement. and if Contractor has submitted it list thereof in accordance \\1th the Supple- mentary Conditions, Owner's acccptance (either in \\riling or by failing to stake written objection thcrew by lite dale indicated fin• acceptan_e or objection in Ole Bidding Documents or the Contract Documents) ofany such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of rcasonablt objection atter due investigation. Contractor shall submit an acceplable replacement for tine rejected Subcontractor. Supplier, or other individual or entity, and the Contract Price will be adjusted ity lite difference in tine cosl occasioned by such replacement, and an appropriate Change Order will tic issued No acceptance by Owner of ally such Subcontractor, Supplier, or other indiwiduaf or entity, t\itether initialip or as :t replaceinem, :hail consti- tute a waiver of any right of ov jicr or t:ngineer to reject cideetiyc Work_ C. Cettiracinr shall be fully responsible to O+\tier and Frigineer for all acts and omissions of Ili; Sllb' ontr:tctors, Suppliers. and other indi\ idu:trs m entities petlogltirle of tiirnishing an% of lite \Voil, lu;t as Contractor is responsible fit Centric"tor s omi ;tits and omission, Nothirw in lite Contract Docwncnis D O\\ncr nm\ require Coritrictoi tit fuin0i at C ontiactor's expense it apecmi perfitrnlaair l shall "trate liar the lrtmufit of iri\ stt,l: gum.in;ce of otfivi cutciy \villa rrcpect to any substitute. Subcontractor. 4uitplicr, or :Chet rtrdn idi..ri or ctltiR sty :onllactual rclationship tail.8t+ eta t:l\\ser or L I't;-- reef .t ('0..81 JI'vi •hrr?'winew Frtginccr \\ill record t_rwnvn er and alt% co;h `>uft,�ono ),tor. `vupphef vi f.ttgilim 's iost� in $V aloilnri k:. d gut}sulfite proposed iri aolhcr indi\ idoal lit vwily, jwr sutvwllcd ivy Contri,lor pursuant to Par.igiaphs tv )5.il-2 acidrest 541 Whether :+r 11.8t I rtiviut,er appfo%> a substitute t ►r IN ! -"yrel dloodAId G-FACrG1 ( va-htteth, 4 Oe i tnv#1 o4400 I mlIcad a d.uro-}r �g tel : >ikr? 'h.;ztdwl4�t 'vucrtl .tr Ye-..tf�-�+,l=ntz6r t zz>rent•ter. rue r..tt -lie . \tt rr;etrt. trscr-dci shall anyahing in the Contact Ihcwncnts create MIN ublil.!Olitan on the part of Owner of Lw,niecr to 11 pat or to scc to the payment of any moneys due at\ such Subconttactol, Supplier, or other individual or 011M except as may otherwise be required fey Laws and Regulations. l). ('ontractot shall be solely responsible for scheduling and coordntaling the. \Vork of'Subcontractors, Suppliers. and ether individuals or entities performing car furnts)tinl any of the Work under a direct or induccl contract wilh Contractor. C Cbntmetor shall require all Subcontractors. Suppliers and such other individuals or entities performing or lumishing aro} of the Wo,". to i;u nuitlrlicate with Engineer illruugh Contraclol. F I lie divisions and sections of the Specifications and the identifications ofany i)rawings shall not control Contractor in dividing the Work almong Subcontractors or Suppliers or delineating the Woik to be performed by any specitic trade. Ci. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms ;and conditions of the Contract Documents for the benefit of'O\\ner and Engineer. Whenever art% such agrcenient is with is Subcontractor or Supplier who Is listed as an additional insured on the property insurance provided in paragraph 5.06, the agrecinent between the Contractor and the Subcontractor or Supplier will contain provisions whcrchy the Subcontractor or Supplier waives all tights against 0%%nei, Contractor, and Engineer,. and all other indi\°iduals or entities identified in the Suppic'ntentan Condition% to he limed as insures or additional insureds (and the officers, directors, partners. eniploiecs, agents, consultants ;and subcontractors of each and anv of tttern) for all lusses and damages caused by, arising out rf, relating t(,, or resulting ,from an) ofthc perils or causes of lues co\ered by such policies and all) other property insurance applicable to the Woik. It the insurers on any such policies require separate waiver firms to be signed h) any Sub,:oMr.1.0or ur Supplier, Contractor will obtain the same, A. Contractor sll,tll pa) all license tics and rut allies and Sialine ,it,' (mite Incident to the wt in tfae perfol nmarl A.e of (tic Work or the: iate:?rpor..tiuta in tilt: \Volk of ;oat royalty to other., lite existence of such r Mals shall be disclosed by O\411er in tile ( onn:acl 1)(ICI its 13. To the fullest extent permitted h) Laws and Regula- tions, Contractor shall indemnif\ and hold harmless Owner ,and Engineer, and the of l crs, direclury, piirtrlef ). employees, agents, consultants and snhcraitra,tttrs of each and any of them from and against all claims. costs. lu sex. and damages (Including Iwt nut buffeted to all tees and charges tit en2mcer , art hitc_ts. attorno s. and other professionals and all court of arbitration or nVier dispute resolution costo arisilig out of at relating lo, an) infringe- luent (it patent rights or copyrights Incident to the use in the performance of the \:'ork or resulting from the incorporation in the Work of all nncnnon, desiito, process, product, tit device not specoled in the contract Documents. 6 08 Permlt,; A. l:nless otherwise provided in the Supplement art, Conditions. Contractor shall obtain acid pay tial all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pa) ail governmental charges and inspection fees necessan for the prosecution of the 1 ork which Ira: applicable at the time n( opening of Bids, or, ifthere are no Bids. on the F,ttcetjvc rate cif the Agreement. Owner shall pay all charges ofutility owners lir connections for providine permanent service to the \York. 6.09 Lull \ an,f Rc i;trl/tli(al% A. Contractor shall !give all notices required by and shall comply with all !.ams and Regulations applicable to the performance of the Work. Except \there otherwise expressly required b) applicable taws ;and Rcgulotions, neither Owner nor Fngincer shall be respon.,ible for monitoring Contractor's eurnphance mill ala\ I.aw� or Regulations. 13. It'Contractor perfittnis ally �%ork ki omilL! or limina, reason to know that it is conte ar) to Laws or Reg utatiau». Contractor shall hear all claims, Ax>>as, iussrs, and damages (including hilt not li noted to all fesand charge: of engineers, architects, attorney s, and other profissiunals and all cowl or arbitralioli or other &;pule rc;olutiora conks) arising out uf'ur relating to such tt oik I lime\er. it shali not he Conuacloi's prinaar\ icsponsibi3ity to make certain that the Specifications an a I)ramiugs ;are in accordance with Liaws and Rcgulalions. but this shall not rcllClt' Comrador lA) Copia 4ur's ur*d\a Paragraph 3 01 eavetttai�n, design, pro,ess, pu?duct, ur deriie which is the suhjeit ufliment rights cur copyrights held by others. if a C C-halloc-, in Lavys or RewuLolon, nest kilt wn ,lt the tante paroi,ufar invention. design, plotter. luoduct, kir dew i;c is of opcnina ofBid; tol, on the Ett ,Alts I),oc of the sliccified in the Colttract 3)4uam,rcnts fit[ a=c in the Acteenretit if thele Mere flet ltldn h,te llg an elle,:l on Ih:> ictfortnanee vi'll5c Wo)k and itto the aetusl knoF%I dF 4uA ct tune tit tic rtorn I'll of the vl"4...hm he t1:4 ofO%favi (al Cogineer its aw es subiect lc p>aent rat,late rat vtizje,r cot a=r s�_tju,in;ent an Conlr,i:t Pll,e ter ( itiitr:ut coil)rilthts calling, fry' the im)nit tit of alis license Ire of llaucs 11-0micr .twl C'antt.tcwr ire uv,&Kh ht arra On "%IAtfn9AA4hrtfl.ernes!('P,otfili,)Ail,urrhs4olitllattw1kq.tPPM^I S Optiiihf FIMI.'1446!Wntl%04f0'Ft,;r YAtrt`}tPv'. tPJa tAf j_4At.1'0`ts IQ$ t J i r,\ \ a r rigtaaa, it. 0% fa entitlement to or on the amount or extent, if anal , ol'am such adjustment, a Claim maty lie made therefot as provided in par,tpraph It).Oi G.I () 7,14% ex A. Contractor shall pay all sales, consumer, use, and other ,�inlilar taxes required to be paid by Contractor in accordance with the Law's and 11c2ulations of the place of the protect which are apphcahle diming the perl'orntance of the Work. 'S" o/ .'Side and 011,2cr : I Pews A. Limitation on l'se otSite and Other Areas I. Contractot shall confute construction cquinmcm_ the stolagc of ,nalerials and equfp111em. and the operations of workers to the Site and other areas penliitted by Law's and Regulations, and shall not unreasonably encumber the Site and ether areas with constrticrion cqufpnlenl or other materials or equgmlent. Contractor shall assume foal responsibility for any damage it) any such land or area. or to the owner or occupant thereof, or of any adjacent laird or areas resulting from the perlormanc" of the !Fork. 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 I'm. 3. 'l o the fullest extent permitled by Laws and Regulations, Contractor shall indemnili, and hired harmless Owner and Engineer, and the of ficcrs, directors, partners. employees, agents, consultants and :subcontractors of each and any of them from and against all cla nls. costs, losses. and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court of arbitration or other dispute reseillnion costsI arising out of or relating to any' claim of action. legal or equitable_ brought by till\ 4(ICh' Utytl r or QCCtip311t af;atnSi Ow'ner, t'.nginecr, or am other patty indemnified hereunder to (lie extent caused by or based ulxu C'ontractor', performance otthe \t'ork 13. Heflloi'a! of Pebl-I's An int; Perlormall: r (if the Work Dtitin,{ the progicss of the W04. Contractor shall ks;ep the Site and other areas lice fiom accurmdations of waste materials, rubbish, and other debrfa. Retnovat and dtspocjil otsniit %%astc materials, rubbish. and other debris shall confuim to applicable I aws and Regulations C. (' t',wtn,t Pilot to substantial C"ompl,olorl utl)ie \N olk \\ Lill, Contractor shall remo%c hom tilt, Sift, all (ools. appliances, construction cquiplimit and Ina ])file and surplus materials and shall restore Io original condition all properly not designated leer alteration by the ( 'ontrlct Documents. D. l.niufrrt.>*.�7rrridtur.r Contractot shall not load nor permit any part of any structure tel lie loaded ml all manner that will endanger lite structure, nor shall Contractor subject any part ofthe Wolk or adjacent property to stresses or ptes;uici Thal w 111 cnd.ulgcr i1 o.12 lliior<t Llaimncrrt, A. Contractor shall maintain in a safe place at the Site one record cony of -all I7raeeinas. tifl,cificatt.lers, Addenda, Cl,ange Orders. Work Chime ,c Dire:liv?:;, kelt! Orders, and written interpretations and clarifications in good order and annotated tel shoes chanres;nade airing construction. These recent documents together with all approved Samples and it counterpart of all approved Shop Drawings will be available to Engineer tow reference. Upon completion of file Work, these record documents, Salllples, and Shop Diawili gs will be delivered to Fngi- riecr for Owner. 6 13 Sgkil rmcl Prore•cvton 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 precaution; for the salcty of; and shall provide the necessary protection to prevent damage, inJury or loss to: L all persons oil the Site or elho may be affected by (tic Fork; 2. all the Work and materials and equipment to he incorporated therein• whether in storage on or lilt the Site; and 3. uthcr property at the Site or adiacent thereto, including trees. shrubs, ta\%nS, walks, pavements. roadway's, structures, tnflftil:, and l'nderground taclllil" not tfcsignmcd ti+i rc•nursal, relocation, or rvitlacenietlt ill the course of ct ensu tic! loll. 13. (_ontrtetclt shalt colopty %suit jilt applf:;lble Laeis ln:l Regulations relating it) the salety of persons or prop.vty. or to the protection of persons o! plollclq twill d3nrtge, injury, or loss; ;tilt] shall erect and rnaini,un all lwce;sary saleguards for such safety .Ind prtlicction. C ontrjictor shall notf' owicrs tit adjacelll properly and of f )ndcrg"'und facilities and other utility oieutrs ashen prusccution of the \i ork may allect them, and shall cooperate s+illl th, m in the provoion. ;c;mo af, reloeatitnl, and Irpkl.em nt of their property. Conflaom shall clear, the `;,te and tit.- wort and make it C. All dam3s1c, injury, or less to .illv property re t,rrcd tt, wsdy fin till 1w I.'%% nrl -ret the cojnpfetiern ,+f the in Pain ;rlph h t.t V' 01 it l a ;\ j c:ml.c& dot tri 4'r tIf1?['i.e3t'rM;wdistdt.fluvial(triiddrit"44the vn.t:uelietjIerrtrd,t � --- - t p.a:gtj 1 ),4kr. "�.,rw,uixl %k, wj% err'fiviff .i ail kt,enie•ts No 1_.1i tie . Ott rjgh;e 4r.tnr:r indirectly, nl whulc of in p:arl, If} ('ontrac(�)f: ;u» SUbcon- tractor, Supplier, or any othel ttldlvldual at emit} (breed% or indirectly cnlIII ONed by any oI'Ill enl to Ile iIorIn itq of the \\'ark, or anyone for \\ hose acts any of (hent 111m: lie liable, shall be rentedied by Contractor i except damage or loss all IIbu(abIC to Ibe fault of Dr;wsings or Spec Ili caliuns Or to the acts al Omissions of Off\ tier or 1:119inecr or , or anyone employed by any of'thenl, or anvolle tilt \\ hose acts any Uf them illm be liable, and not attributable. directiv or indireol) in whoic of in R:rt, w the fault or neglifence of Contractor or anv Subconlractur. Supplier, or other individual or entity directly or indirecth em- ployed by any ofthenl} D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue Until such tiro: ss all the AWalk is ealnplct+ad and Lngincci has issued a tlatice la Owner and Contractor in accordance with Paragraph 1.1.07.13 that lite work i. acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.1.1 SgfgvRelvesentatme A. Contractor shall designate a qualified ;and experienced satitt) represenlative at all(: Site whose duties and responsibilities shall be tilt prevention of acci(Ients ,and the IlMintaitling and supervising, of safety precatitfurls and programs. 6.15ila:twd(`omirrtmr(-till e>rt!,t.,);rarvr,s A (contractor shall be responsible liar coordinating ally exchange ol,materIll safety data sheets or other ha/ard communication int6rinatlon required it) he made available to or exchanged hetwren or among emploe ets at the Site in accordance with Laws or Regulations. (i. 16 !_mrrge; iv% A. in emergencies affecting the salety 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 ioss. Contractor shall give Engineer prompt written nuuce if Contractor believes that any significant changes in the i\ oris or variations tiunf the Coir ,:t Doctintents have been caused thcteh\ or are required as a result thereof. I f Filginecr determines that a change in the Contract Documents iei requifrd bccausc of life action taken by ContraAvr in response to such ;n emergency, if Werk Change DireC:me or ('\ionic Clydcr will he issued. 1 Shop I)rawtllg', ;t Submit ntul#hcr of topics specified in the General (acquirements b. Data sho\\n on the Shup Dra\%mg5 will he complete \\Ith respect to quanliucs. diniewoons, spectlied petlortuanec and dcsign criteria. inateti;ds, ;old similar d:na to shot, Liwineer the `;er\-lies, tllateritfk, anti equipment Contractor proposes Iv provide gild to enable Lngincer to review the intomialton li)r the limited purpose, retpored by Paragraph 6.17.1). Contractor shall also submit samples to I ngioccr lilt w0cm and apvra)val in accorti.-mce \illi the ; Ceptal"': wilciiule of Shop i)rawings. and Sillol'Ic stibnlitWIv a Submit nunfher of Samples specified in the Spec l lieal loll': h ('leanly idenul\ Cad) Sample as to material, tiuf pher, pertinent data such as catalog numbers. the use for which Intended and (Other data as I'llvineer play tcquire to enable Engineer to IC\iew the subnutiat for the limited purposes required h} Paragraph (-) 17.1). 13. Where ;# Shop Drawing or Sample is required b) the Contract Docunwnts or the Schedule Of Subntivals, and related Work perlirmed prior to Engineer's review and appiovai of ilie pertinent subnlittai \\ill be at the Sole itxpeltse and responsibility al'('t-Intractor C. Submittal Prucedmcs 1. Refore submitting cacti Shop Drawinc or Sample. contractor shall ha\r Cleternuned and \en - tied• a. all field measurements, quantities. dimen- sla)r1s, spe:llied per f nianie and design criteria, insiatlalion requireniews. matelial;. c;ual,)g number,, a#1d similar intorination \fill respect Ilm eau. b, the suitability of all nfateriak with lespeal ta% mWil led use, filbric:aliun, shlpplllg. handiing. strravc, aveniFIy, amt On,lallaliuti perl:umnt, to the pell(lnnance of tilt %%iwf , C all mlt)r#il'awn ielatibc it, Conti actvr'1 6. 17 Slrq)01miane.ra,rd.v;r#rgdc-, restx f)yilNitti.•. aur #mans_ medlnds_ tetiuuqura, sctln.n,:N, #ltd pfilaaklrrcAd cwt,nuclwvi and A_ Cotaraclor shall �ubnul Shul; DI'm in ' and S,a�npir, s.atsty prccat a .Its ant+ Irrua:laln_ #indent therctt). tU Ingitim 1,11 reeicyo and aPpio\al ul.fecordamc Mill) ;ar.af the ar:ieptabIr S� llcduie of'Subnmitl,ik (as required by Para,,Staph 2.071 Fach ,r lunitial w ill be #dcotified as d shall atsti ha\e r \ It wed ,soar,:, .r,ltrd ea,h I'o}'_naerr rr#ay require Shay, t,t.lmll}r vr )vials t'lfirr St1op L)sawua> sod S.ur:plr> afaei will fife - ___ _ - ___ _ __ - __.. _ _ SSSS_ � •. .. _r.._...._ _. - k.1(06 Of a.ioNmtli4.::iI'cwtoa,t ( rato\,iy;?r# �'2f1##,'. Tataa,w�i �aHir4a arI t',utr)sc'"AI *silimvtI, I's 1 1.4 141 9.13 4eytit, itwttrd tXt,'41fi - t # rcyuilcillertls c\f the Work and the Contract Doctanents. 2. Each suhrttittal Shall bear it stamp or specific \\ritten ccrlificaCon that C'untractor hits satisfied C'ontractor's obligations timer the ('olltract Documents with respect to ('ontractor•s review and approval t)l'that submittal. ). With each sublmitt;iL Contractor shall give I'�li�llteer SpeelflC writ tell notice of, ail\ varialiolls, that the Shop Drawing or Sample play have from the requirements of the i'ontract Docunlctlts. This notice 'ill;it be both a \Vrittcil C0111111ttl',Calion separate from the Shop Drawing's or Sample Subtllittaf; anti, in addilion,by a specific notation made on each Shop Drawillg or Sample submitted to Enl;inecr fot review and approval of each such \ ariation D. Fngineer's Review I.. gineer \\'ill provide timely review of Shop Drawings and Samples in accordance with the Sched- tile of Submittal, acceptable to Engineer. Engineer's review and approval will be only to determine it' the items covered by the submittals will, ager installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the con.pieted Project as a functioning \whole as indicated by the Contract Documents. 2. f:nginecr's review and appruvIll till not extend to means. methods, lechnigtlec. sequences. or procedures (If constrnctlon (except \\'here a particular means, method, technique. sequence. or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precatations or progranhs incident thereto. I`lle review and appiovai of a scpatate item as such %%ili nor indicatc approval of the assembly in \which the item function,. +. Engineer'; review anti approval shall not (rlieyc Contractor fool) responsibility for an\' yariatiun t'rom the requirement, of flit Conuacl Ducuilreilts unless Contractor hats complied %kith the requirements of Paragraph (.17.C.3 and Engineer has given \krtten approval lit cath such yari itioll by specific \\rilk•n notation thereof incorporated ill or acconlpall%img the Shop Drawing or Sample. Engineer's reyieta and aplyrov'Al shall not telicae C'omractor front resPonsibility fix compl\ing with tike retitfireillen1%of Paiilgrapli 6.1 "7 C. V. Resubnnnal PNaocedures revisions other than the corrections t:allcii lilt b\ ralgineet on previous submittal. 6.18 Commirilig tilt, Irp,A A Contractor shall earn on the \Voll, and adher c ;o the Progress Schedule during all dispute. ur grecnlenl< \611h Mum. No \York ;hall be delated or puslponed pending rc;olimon of any dispules or disagreenlc•r,ts, except ac Imrinmed by Paragraph 1 ` 01 or as U\\uer and Contractor nla:, other\\ise agree in witnlz 6.14 i"orin'ucvar'a i kvrrrul It ilrr+ttrit' ora: Ciuurunrrc A. C'orltractor w;uralits and guilramces to O\\net that all \Vork \\ill be in aci:ordancc %%illl the (`onto Docu:neclts Mid will not be Jecliii". Ulgincer :mei its Related Entities shall be entitled to rely on tepresemancm of C'ontractor's warranty and guorar.lec. B. Contractor's warranty and guarantet: hereunder excludes defects or damage caused bt: I. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contnlctors, tiupphers, or ani, other individual or eiltity for whom Contractor is responsible; or 2. normal wear and tear under notmal usage - C. Contractor's obligation to perform and complele the Work in accordance with the Contract I)oculllen►% %hall be ah -solute. None ol'the foto\aulg \\'ill constitute an acceptance of \York that is nut in accordance with the Contract Documents or ;t release of Contractor's obhgatiun to perform the \\ ork in accordance with the contract Documents: observations b% Enttince 2, recon-lendation by F:neineer or payment by Owner of any progress or final payinem: +. tete i%suance of a certllicate of 5ubstautrai Com)>Iction by Em ineer or aiiv pai mew related thereto h� Owner; i tise or Occup:urey of tie Iii, ulk ur an\ parr thereof b} Wiler; 5 an\' rcyrew arld apptu\;tf ut a Sltop Dr,ocir.e or Sample %utanlival or the issllalwe of a notr;e of acct Irlubllity b\ Iinl;i ,:cr. (>- all: ImSpC6tIc+11, tCat, IN;apprU\at 1+\ Utf:er< I C'uu!raclor Sball make cott"lions tequircd (') ani correcnoii;left ft,\tl\a \\,irk b\ th%mer f lig.icim and shall return the rcf;uireti nulribcr a)I ct+r- lestrd %,"Pics tit' chop Drawings and Submit, as rcyuucd• ncvv %xilples for reyievv ;hlid approval ('�'ntra.ti.fl Shall d,iect %f,ecIlic ancntion itawirlin�! h+ _. .. _ 1 .11 r(f 1 'fbil 11.tnaara( Crrerre0 f euaAaftutta a_r ehr / � oaf. ata li,ret l <rnfre.l . _. ... i •9ti r+xlct >- !W2 .t—Si Sot.ta ss( 1'7ulra�a=+t.kl (rola-..a,a� rear (.rt le! \11 rift r, 74.eractl 6?0 It Went I lifi t Wf I wi !. "'k) the fullest extent permitted by Laws anti Regula- tions, Contractor shall illdennlify' and hol(I harmless 0%yncr and Lngincer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all clalllts, costs, fosses, and damages (including but not limited to all fees and charges ofengincers, architects, altorneys, and other professionals and ull Court or arbitration or other dispute resolutaorl costs! arising, out of or relating to the perfor- mance of the Work, provided that any such claim, cost, lose, or darnage is attribnfahie to bodily inju rv, sickruss, diseasc- or death, lir to injun, to or destruction of tangible property (other 111,111 the Work itself), including the loss of use r`sulting !herefiom but only to the eatcnt caused by arty negliVem act or omission of colltrlctor, an\ Subcontractor, any Snppfier, ur any individual or ernikt direct) or indirectly employed by any of them to perform an), of the work or anyone for whose acts any of thein )nay he liable . I'• in tiny and all claims against Owner or fingineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor w• personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or ally individual or entity directly of indi•ectiv employed by any ofthem to perform any of the Work. or anyone for whose acts any Of lhctll May he liable, lire indemnification obligation under Paragraph 6.20.A shall not be filoited in any way by any limitation on file amount or type of damages, compensation, or benefits payable by of for ContraCtor or any sUch Subcnntr CLOT. Supplier, (Ir other indi\ idual of entity under workers' compensation acts, disability benefit iwts, or other employee benefit acts. C. l'he indemnification obligations OrContractor under Paragraph G 'o.A shall not exlend to the liabilitw of Ellgmect and Engineer's officers. directors, pariotrs, employees, agents, Consultants and subconrrtctots arising out o1` I. the preparation or appio),al uf, or the failure to prepare or approve, maps, Drawings, o)pinioals. reports, sureys. Change (lydcrs. designs. or S'pecifiealiuns, or giving directions or instructions, or tabling to tt,i%c tile"), if that is the primary cause' ofthe injurN or damace. (,,21 L)cIegarion of 17uA'.c>rurrm! A -11S i Sit -17"'A A. C mliatior will not he required to leruwide profession;tl desit,n ser%ivies unless such -'mites are spccttie;dly lcolloled toy the C'ornt:itI D01-1111lents for a portion Of►he Wolk oot Untccs such scrvtce, ;tie fequitcd tel c;ury twl ('\1111,1) tot's resporrsahilitics lcir cmistruclton lntianS, noc•[hud>, t:cf•;niqucs, s�qucncc, .u)d I)�ocedutcs (lanlractor shall not he regain'cf iv pro), itfc prolessrm,ll iervices in violation of'appltcable law, iI. If ptufessjonal design services or cerlifications bw it design professional related to systems. matetmis or equipment are specifically required of Contractor by the Contract Doctunents, Owner and hii,incer \till specify all performance and design criteria that such services must satisfj Contraclor shall cause su.h scrvrces or certifications to he provided by it properly licensed professional, whose signature and seal shall ;ippear on all drawings, ealcufatiur)s, spec.tlicalious. (•crtifications, Shop Drawings and other submittals prepared by such professional. Shop Dra),vings and other suhmittafs related to the Work designed or certified by sueln plofcssional. if prepared toy othets, shall Beal tach prt,fes�,ion_il's )alines approval when .)bntitted 10 Fligirieer. C: Owner and Engineer shall he entitled I,rely upon tile adequacy. accuracy and completeness of the ser), ices, certifications or appro%als perlbrnied by such design professionals, pruvided Owner and lalgincer have specified to Contractor all performance and desi>;n criteri;l that such services must satisf}'. D. Pursuant to this paragraph 6.21. Engineer's review and approval of design calculations and desiLn drawings Will be Only for the limited purpose of Checking for conformance with performance and design criteria given and the design concept expressed ill flu Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings( will lie only tier the purpose stated in Paragraph 6.17.D. I E. Contiacftir shall not he responsible li)r the adecivacy of the perlor m rice or design criteria required t1k the Contract Dott"nentl. ARIIC'LT7- OTHER \\`ORKAI Tl lig Sltl 7.(tt IZ)(,rr),l tf,u:( ar.%Ile Owner may perforin other %cork related tar the Project at the Sine with Owner's Cillploy ees, or via other direct contracts therefor, or have other work perlvrmed n), utility rnwners. If such other work is not o oted in the Coo - trim Documents, then' I- mitten notrcc thereotcsrll he ei),ero it) Contaactur prior to staffing any such other murk and 2 if Ox), rler std Comtracwt- -at;., m)ablc to .tree on rnlitl,me"t to of on the alnou"t )at e),to•rt, if ;tlly, of am adjustment in the cunttl,t Pll,c Ot C.mtreci fimcs that should t)c ath),te)I a. ,t r.;uit a,f such other work, a Claim ria), he m;r& tt;crcl r ae i)ni),i,icJ in Parr_rap;h It)os I Jr 1'd (- i'.:/ SI aaaf ArJ (.e®terst t ups B,r+>w+ot clay r en truck aayt t u[,trae[ E vuse r;ght C j'rti; 1uti8.,,r1 Save atth kr 1'c uri,ae eaaa }-RJUA %tee t 14 IN %R1 os;%!sh recce, cit ,s B. Contractor shall aflottl each other contractor Otho is a party to suds a ditect contract, cacti utility otFner anti C)wner, if owner k pertornning other work with Owner's en)ployces, proper and safe access to the Site. a reason- able upportantity for the introduction and storage ill- materials fmaterials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, lifting, and patching of the Work that may he tequired to properly connect or otherwise make as w\cral parts come together and properly integrate with such other work Contractor shall not endanger any worl. ol'others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written con<{ It of Engineer and the ethers whose work will Iv affected. The duties and respnnsibilities 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 Owncr and such utility owners and other contractors. C. I f the proper execution or results of lily part of C'ontractor's Wong depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delay s, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and reslllts of C'ontractor's Work. Contractor's failure to so report \N ill constitute an acceptance ol'such other work as tit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 C'vortlinat:an A. If(-)wtier intends to contract with others for the perfomance of other work on file Project at the Site, the lollnving will be set forth in Supplementary Conditions: i the individual or entity who will have authority and responsibility to coordination of the activities among tine various contractors will be identified; 2. the sivcific matters to be covered by such ,itahority and responsibility will he itemized; and 3. the extern of such authority ;aid responsibilities will he Prov ided I: lviess other%tae provided lit the Supplementary Candilions, Ownrr shall have sole aulhurit-, and respon- sibility for such coordination 7 o? Legal lrt ;atumshtt s disrtiphon costs Incurred Itt t ontractor as a wsuit of itiv other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay inddisruption costs incurred bN such other citnuactor as a resell of C'ontractor's action or inactions. AR I It"LL- 3 - O1vNEWS RI-SPONSIM1 I TILS 8.01 t untntrutii {stuns iu Cold., actnt A. Except as otherwise provided in these General Condi- tions, Wner shall issue all communication 1+_+Conn.n.tor through Flfl�.neer 3.02 Replacement al Fngirery A. In case ol'ternlinatiorl of the employ anent of I:rtgincer. Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose sran,s under the Contract Documents shall be that of elle litnncr L lginec, 8.03 burnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Doctnnents 8.0.1 Pur It hell D11" A. Owner shall make payments to Cunnacior when they are due as provided in Paragraphs 14.02.(' and 14.07 C. 3.05 Lamis anri /.rtcevatunls, ke'r+r;rIV arta Ie%t.V A. Owner's duties in respect of providir:g lams and easements and providing engineering surscys to establish reference points arc set forth in Pautgraphs 4.01 and 4 05. Paragraph 4.02 refers to Owner's identifying and makine available to Contractor copies of reports of exploration .s and tests of subsurfao e conditions and drawings of physical conditions in or (cutin( to existine surface or subsurface structure: at or conti2110u� to the Site aha; haw e been utilized by engineer in Preparing lite Contract Document;. SAo 11MOMI, A- C)wni r rr.punsibihtnc,. if am, in rr'pe,1 tai pill civasing and maintanarne lability and property ms amwe are set forth iu Article S.07 C'hangt- t)r,lro,; ..1 t'aregraphs 7 Ui.A ane+ 7.tJ? atrr ori appliablc ibr utilities not ender IhC control of O%net A. Own*:7 is obligaied i,, rsecute 4'hanLe (halal, 1s Indiciated Int {';Ira.gtapli 1011, It I jJ1 otticr direct .'OntlAct of ( )wlcr'tttttlet 11,11 tap!! '01 :'bait pio%Ov ih.al the othrr c:+ta'racti+r a4 li;+k'c 1.1 ( h%nt'i anis r i.titia.l.v tau the ivA\onabl. d:tect d.las and l M"i3t�( `rMs 4t�ixalnrd f.rrcrr ixl4 anntlte.,a6, yr lh[l.,ae.laomeit,nf untrait r� urD16l t+1 ± x(7$12 •�NSIi 044 "-lFi+[{! u) rrr'i_i}r�tS9'ze;fl t. n)IF4iT1`[♦ (ail F..1{ tl:{ Ott ri+'nf. rt':, ri CO 8.(18 Irtxl,e'e'tn'uts, 1 est.\. (incl flywovob A. O%snei',, reslionsibiMy ut respect to certain inspec- tions, tests, and approvals is set f0ith in Paragraph 13 .01.ti 5.09 L1111tAtfi( lls on Oti Iter s Re VIwilslht4ltes A The Owner shall not supervise, diiect, or lime control or au0101It\' Over, nor be responsible for. C'ontractor's means, methods, techniques, sequences, or procedures of construction, lir (lis safely prccanfions and programs incident thereto, or for any t;nilure ofContr'actor to comply with I-mvs and Regulations applicable to the perliornlancc of the Work. Owner \vill not be respntisible 1`01 C ontraclor's failure it? perlorm till' Work in accordance \vit) the Contract i)ocnrns its 8.10 ( 104se'late'(111(r ar<Gitle 1.nvirortn( rtfal Condition A. Owner's responsibility in respect to an undiselowd 1 lautrdous Lnviionniental Condition is set forth in Patagraph 4.05. 8.11 kvidence of Fillollcfnl:lrrunstelnems A. 11':and 10 the e:lent Owner has agreed to furnish Contractor reasonable evidence that financial arrangernents have been made to salisN (mike's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. check Tile qualil) or qunllil) of the \\ or), I;nl'incer's elf' vyill be directed toward Prov cling for i )eviler a ,renter degree of confidence that the complcicd \fork w ill conform gencralh' to file Contract Uoctimenh (til the basis of such visits and obwl\ ations. Cnulneet i\ ill keep Owner inl'ormcd of the ptogress of the \� ork and will endeavor to guard Owner against defccti\c Work. B. Engineer's visits and obscivations .tic subjet't to all the limitations tett Envmeet's authorih and rcyonr.tbltil\ set forth in Paragraph 9.09, Parlicularl'. but w;thoul linutalion, during or as a result of I:nghnec r•, visits or observations of'Contracior's ikork Lngincer will not supervise, direct, control. or ha\,c authority over or he responsible t<vt Contractor's means, meihod,, techtnqucs. iegticrices. or procedures lit::UltStrlaitUtn, or The Sate(" p`eeautiofis aild pro` .fills incidcie( therehl, or for ilil\ failure of C'ontraclol To Cotnph w i0i Laws said Regulations applicable to Tile performance of the \\ork. 9.0.1 Pr(ye"I Rep"e'senfanree A. IfOwncr and L'ngincei agree, Engineer will furnish a Resident Project Representative to assist F ngincer in providing more extensive observation of the Work. The authority and responsibilities of any each Re,idew Pro iecl Representative and assistants \villi he as provided in tic Supplementary Conditions, and linikations or the responsibilities thereor\cill be as provided in t'aral raph 9,09. if Owner designates another rt prescntiiti\c or agt:nl to represent Owner at the Site who is not Engineer's consultant, agent of employee, the responsibilities and ai thorny and limitations thereon of such other individual of entity will be as provided in the Supplenierttary Conditions. ARTICLE 9 - ENIGINLER'S STATUS DURING C'ONSTR(:CTIO\ 9.04 lllhnri_e'rl i'tirialwil.c In IVIA. t>.01 Chine'[' .v Rept-wonotive A. 1 n1-ineer will be Owner's tcprcwntative during the Constuclietn period. 'I tic duties and responsibilities and the limitations of authority of Engineer as Owners iepresentati\-e during ioltstru'dion are set thrill in the Contract Documents and will not he chanced without written consent of M%ner mid lingincei. 9.02 Vim.% to Site A. Engineer may authorize minor variations in the Work from the requirenncnts of [Ile Contrlrt Uoctinmas which do not involve an adjustment in the Contract Price of the Contract I lines and are compatible \till the d.sign concept ot'lhc completetf Project as a functionirle, wtiole as indicated by the Contract 0ocumcn(s I hese Ina% be acconiphOwd by a I ield Order anti \\ til be bivding on Owner and also on Contractor. \ilii shall perlbrm tilt Work involved prompity If Owttcr or Cunirrttor belic\es That a Field Ortlei justifies an adjustinent in the Contract Price or Conlract ['lines, err both, all'± dx parties arc unable to agree oDi clitlllellleril to or on tine (Ia11Ut1111 Or A E.ngincer will make \Isits to the Site at intervals e.\len'„ it any, of ally such adiu,tlnent. a Claim (mr\ be apy.ropriatc to the Nanous starts of constrildlon :is made therefor its provided no l'ar,yraph Io Js F'nginecr deem, necessa.ty in order to observe as an et,pe:ttenetA and qualified dezign prole000naf the et 0s KeyC, ten; 1>c•1i•t 11 C n ,'ri, progress that has been made and the quality of (tic various aspect, of( , caeCulcd \\'ork. Bawd on l 1.1y'lliecr %N!II hx c aothol it\ to rele.t \\ otti informaIion obtained Jut kne. cwli v isit; and obset\anoiis, I. nginvcr bcllc\cs TO he old ,VOI,e, Pit t;tal I.wl neer I ngnuxil, 10r the benefit oft )wner, till dctellinvc, in be wkc, will not proJw.v a Ceunpkled PTngeCl that Lerwral. It 1br \\ oak is pr4week1mg, in at.01rdAnle \kill, the Conform; to the' t olilr,i:t t L,%mil : il, e.i That will prelutinc ( e�titfac! Doc n rtitL Lnginccr \\ill riot b< rlqumi d to the initalit% t,1-th', dcn LOM%e lit i,l the e�3iiPpt4te,t nankc cvli'misti%C or deititelruoa, insptetoni on the'Ov to Profen as ,t tuiletwnlnti' 1,h,1!C a, neat -it'd by the Vok Do t•'e14ti10eJACJGeACIAtutaJeion,+0 IN,4 ,oOleiets,tocQuIr.ui ( i<re�tPg9et t aPdPj Ldti�-•a,Yr 4'(9f1f et PPAt',ewoA t tAEeete'fe, 1- t_rt tit \il nqtbt• rr,tnea Tey+sx P` Contract Documents I'Alginecr will also lute e authorm to l quire special inspection or testing (it the Work as provided in 11atagrtph t3.04, whether or not the :fork is lubricated, installed, or completed. 9.0o Shoji 1halvnlgA. (-'Fturttze orelery and Pall- ems A. In connection with Engineer's authorily, and limitations thercol', its to Shop Drawings and Samples, scc Paragraph 6.17 13. In connection E.%ith Engincer's authorit%. and Plantations thereof, as to design calculations and design draw ings Submitted in response to a delegation of ptolcssnonal design sen ices, if any, Nee Paragraph 6.2 1 C. it, cOnlielcOoll c}illi Lauinger', authority as to Change Otdcls, see Articles 10. 11. and 12. D. In connection with Engineer's authority as to Applications lar Payincnt, we Article 14 9X i ewrmrnavons/ur t'nu frig If"orlr A. Engineer will determine the actual quantities and Classifications of t)nit Price Work performed by ti ontraclor. Engineer y% ill teviear with Contractor the Engincer's preliminan• determinations on such platters before rendering a written decision thereon (by recommendation of an Application fior Payment or othenviset. Enuineer's writbn decision thereon will be final and binning (except as modified by Enginect to reflect changed factual conditions m more accurate dala) upon Owner and Comractor. -mliVel to the provisions of Paragraph 10.05. 9.08 Decimom on, Requiwint'rllc a/Conoact Docu tew,i curd . is E el*mhihty of 11 orf A. Luginecr will be the initial interpreter of the requirements of the Conitact Documents and judge of the acceptability of the Work thereunder. 111 smatters un question and other matters be t een Ownet and Contiaclor arising prior to the date final paynient n due relating t0 the acceptability ol'the N ark, and the Intcrpre Iatirn of the requirements of the Contract Docralterts pertaining ro the perlernnance Ot the \Fork. will be jollerred initially to Fneopecr in wrifinC %yithin 30 days tit tile stent giving r!>c t0 the queNnon N. I neineer y+ill. with rva.onablc promptness, render a wrinen decision on the isNtie referred. If Ow wr or Contractor believe that ally such decision entitles them to an adiustnicitt in the C'omract Price or Contact Tinter or both, a Claim may ".c made under I'cmakraph 10.01 file date of Enhincer'S dcs ision %hall be the date of the e% cut luring rise to the issucc tclercnced tui the purposes of Pala graph W ti's It C. I.ngineer's written decision too itis i,, oil iefencd tvdl he final and binding on Omicr and Conlractor. suhicct to the provisions of I'magraph 10 OS. D. When ftutctioning as interpreter and judge under titin Pantgiaph 9.03, F11"inecr \r ill not shush partiality to Owncr m Contractor and will not be liable in connection with any interpretation or decision rendered in good taith in Such capacity. R),09 Limitations on lli tvmvc i . itithorm mo R,r.r pno.R rhilNir•.r A Neither I igineer's authonty oP wsponsnhility under this Article 9 or undct any other prov noon of the C'onhact Documents nor any decision made bN 1:11gincet in good faith eitliei , Ov-trOw or not cswcise snlcb authority or responsibility or the undertaking. exercise, or pertbrmance of any authority or responsibility by Engineet shall create, impose. or give rise to any duty in contract, tort, or otlicrw•ise owed by Engineer to Contractor, any Subcontractor, any Supplier. any other individual or en(ity, or to, any surety for or employee or agent of atty of than. 13. Engineer \% ill not supervise, direct. control, or hasc authority over or Ile responsible for Contractor's nxanS, methods, techniques, sequences, or proccdurcs of construction, or lite sailuty precaution, and programs incident thereto, or for any Failure of Conttactor 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. Engntcer will not be responsible for the act: or omissions of Contractor or of any Subcontractor, any Supplier, or of any Other individual W cnlity l orf, unintt am of file %k ork 1) lingineer's sevigyv ofthe tonal Application Fur t'aynient ,and accompany ing docuimentatloll and all maintenance and operaling inshuctions, schcdulce, tt•uaranteeS. bonds. certificates of"inspection. tests and altproyal:, and caber documeotiaion required to be delivered by t'arlgraph 14.137.,1 will oriy be to determine gener.n1% that their content complies with the requirements tit, av,t in the ca.c of,eertificates of inspections. WAS. and approvals that the results certified indicate compb,mt:c wtth lbs t'untra.t DJCultletlts. L- The hinitations upset ;tuthonFy and restrom ibitiFc ,et firth in tins I'magrallh 9 01) ;.batt alio apply to, lite Resident Protect Rcpre scntati%e, if any . and a-,sisl,uit,, if rt/ r3( 1 .µ4k: tr3tAef Flit l.o lout dt( tiA5RlAIR(AAA4 t'r Sal i'(I!iNrr ltl r,')8F( Unit AEC ( vf�RlsytA± ?iw12 "eaninenf �•.n'Irt>, a(!'AvGue,xes 31 ! teginrrA> fur r )r f,<-. i6 uy;ki� Ae�r r. rRt. SYkC - . n ARTIC•LL' 10 • ('I IAMAIi 114 1111: WORK CLAINIS 10.01 Iurhort:ell Changes ur flit, 11'01k A. Without invalidating the Contractand \Wliou! notice to any surety, Owner mal, at any bine or from time to time• order additions, deletions, or revisions in the Work b} a Change. Order, ora Afork Change Direclis-e. Upon receipt ol'any such docmnent, Contractor shall promptly proceed with the ;Poul, involved swhrch will be performed under the applicable conditions of the Contract Documents (except as otherwisc spccificaliiy provided). 13. If Owner and Contractor are unable to agree on ")titlement ill, or oil the arilo nit or extent, it'arly, of, an adjustment in the Contract act Pricc or Contract fillies, or both, that should be allowed as i result of a Work Citing, Directive, it Claim nim be made therefor as provided in Paragraph 10.0. W.02 t. ?iawhorr_e(1('hrrrrl;t•.s in tire 1Vw-4 A Contractor shall not be entitled to an increase in the Contract Price or an extension (if the Contract 1'irnes with respect to any %%vrk performed that is not required by the Contract Documents as amended, modified, or supplemented is 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 13,04.13. 10.03 Grerumr of Charilre [hders A Owner and Contractor shall execute appropriate Char -we Orders trcommended by Engineer covering: I. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defecti%e Work under Paragraph 1,3.08.A or O\% tier's correction of defective Work under i'aragraph 13.04, or (lii) agreed to by the patties; 2. tli;angcs in the Contract Price lir Contract Times which are agreed w by (tic parties, including any undisputed sarin or amount 01'0111C lot Work actually performed in accofillance with it Work Change Directive; and ch;angs in the Contract Price or Contract Tilnc�- whrch embody the iubstarlte of art\ written decision rendered b% 1.ngineer pursuant to Paragraph 10.04, pro%ided that, ill lieu (it' CXCcming any Stith ('hank. Ctidcr, an appeal slay be taken riots an% such d,cl- 4111 In acctldan.e will the jll,Msiuns of the Conuact DocurllemS and applicable Laws .and Itvgulallolu, b'at dt:rilly un su it appeal. Contractor shall carr% on the i4ork and -adhere to tire I'ro cess `;thedule .xs [)moiled in falai laph t>-IB-A- I(lA•i V'ulllit'llowl to .brei A. I►'noticc tit any change allecting the },nerd scope of the WorK or the pros isions of the Contract Llocuntcnts (including, but not limited to. Contract iIIice or Conlract Fillies) is required by the pro%isrons of any bond to be given to a sure(y, the eiving of any such ns'tace %sill he C'ontractor's responsibility. I he amount of each applicable bond will be adjwted w reflect the efli:o of .nv such Change. Moi C lalms A. F.ngmee:•'.% 1)ecinon Requo- <i: -111 Claims. cxceltl those waived pursuant to Paragraph I f.ti shall t,c referred to the Engineer for decision. A decision by Flngmccr she " a>e required as a tu,ndilion precedent k% anv eserci,c by O*weer or Contractor of any rights or remedies either nlay otherwise have under (fie Contract Documents or by Lims and Remilations in respect of such Claims 13. Notice written notice statim; the Lencral nature ui each Claim shall be delivered by the cktitrrant to t:ngineer and the other party to the Contract promptly (btu in no event hoer than 30 days) atter the stall of 0re event Living rise thereto Ilse eespormihility to substantiate a ( taint shalt rest with the parte snaking the Clain, Notice of'the amount or extent of the Claim, %lith supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after file start of such cvctll (unless foginecr allows additional time for claimant to submit additional or more accurate darn in support of such C"laim). A Claim for an adjusmlent in Contract Price shall be prepared in accordance %with the provisions tit Paragraph 12.OI.B. A Charm tier an adltasuncnt u1 Contract 1 isle shall be prepared in accordance w%ull the provasiorii of paragraph 12.02.B. Each Claim shall be :iccompanied by claimant's written statement that file adjustment claimed is tilt: entire adjustment to -Mach the clairnattt believes it is entitled as it result of said es em. 'I he opposing party shall submit ally response to linginecr and the claituam within 30 days atter receipt of the claimant's fast submittal (unless Lngineer alto%%s additional fimei. C Vngm e7-",, - piton; Higincer %will resie%w ca,11 Clain: and. within 30 days atter receipt ofthe last submittal of the claimant or the last submittal of the opposirw party, iC any, tale one of the tollns%inc action: in writing. I. deri\ the Claim in whole ur in part. 2 approve the Claini, or nolik (lie parties that the L.rl• nivvi is tmat* to rvso►%t• (he Clain, it, ul tilt focin%;r\ „ do tfiscrelion, it would be iimpprvpiate for the iill tincrr to do so. 1 or purpo.,ts of er furthtoofutrcna of the ( laim, cath notlte shall be d,cilicutd a deua;tl. i A tit GrtlTrAl t ventlstEvaRa mr lrrf t � tF+truraRa iR ('tmer�rr. t epevigkc ,-:0.0 N*twnO":utwn cr l'v rnarx..le,aui l'"gi nfo%(,,I r.it'Ill to light,. -.e-ed kv'Cif4 - .19 L). In (he event that Eligineer dues not take action on a C'laiIn %xithiIf said .l(! day S. the 11,11411 Shall he deemed denied. F. Rngincer's written action under ilaragtaph 10.0>.(' or denial pursuant to I'aragraphs 10.05.C.1 cx Io.o.[) \rill be final and binding upon Owner and Contractor, unless Owner or C'onlrac(or invoke file dispute resolution procedure sci forth in ,Article 10 within 10 days of such action or denial. I- No Claim for au adjustment in C onlract Price or Contract dimes gill be valid it not subnnitted Ill accordance with Ibis Paragraph 10.05 ARTICLE II - COS]'M "It IF \\OIi ; ALLO\%ANCES, L.NI I PRICE !k ORK 11.01 (`t;rr of Ow Wvrti A. ("t)sr. 1nduded * lie term Cost of the Work nneans the stun of all costs, except those excluded hi Paragraph 11.01.11. necessarily incurred and paid by Contractor ill the proper performance of the Work. When the value of any Work covered by a Change Order or when if Claim flit an adjustment in Contract Price is determined un the basis oi'Cost of the Wolk, lite costs to be reimbursed to Contractor will be only these additional or incremental casts required because of the chanpe in the Work or because of the. event giving rise to the Claim. Except as olherevise may be agreed to in mo,ting by Owner, such costs shall be in amounts no hichcr than those prcvalling in the locality of the Project, shalt Include only the lollowntg ilerns; an(1 shall nut include any of ilio costs imnii.ed in P;.araoraph I I. Payroll costs I'M employees in lite direct eml,hry of Contactor in the performance of the Work under schedules of job classifications agreed upon It\ Owner and Contractor Such employees shall include, without limitation, superintendents, foremen, and other personnc! cmploycd Jull time at the Site. Payroll costs for employees not cmploycd boll time on tete Work shall be apportioned ora tate basis of their time spent on file Work. Pay rill cosh shall Include, but not be limited to, salaries and wales Illus the cast of fringe benefits, which shall include social security contibaativris, unemplo)ntent, excise, and pmro'1 Imes, workers' compensation, health and retirement hctefits. homrses, sick Icme, vacation and holiday pay applicable thereto. I he expenses of petKirrning Work outside ttf regddar we+rkrng ht>urc. ,tot _aturfl;a% Sunday, or legal holidays. shall he included in flle ,Stine tut die cstent authrr,Fcd br ()wtct. cash discounts shall accrue lu C'onuaclot unless Owner d"posits funds :vith Contractor what which to make paynictts, Ili which case the cash dlscot ik shall accrue to ()rvncr. All trade discounts, rebates and refunds and returns from sale ofsurplus materials and equipment shall accrue (o Omict, and ( onti ad as shall make provisions so (hill tiler nnty lie obtained. Payments made by Contraclot to Stlbci+Iltra�t(+6 for \York licrlixmed by Suboontrrc:or> 11 acquired by Owner. Contractor shall obtain comp -,1111\e bids front subcontractors acceptable to Owner and Contractor and shall deliver such bid, to (,Avner, who will than deterninc, wilts the advice A l:itginecr, which bids, it any-, ++,ill be acceptable It :ms subcontract provides that the Subcontractor is to be Paid on the I , Of Cost of the \\'ork plats ;t 1", rite Subcontractor':; Cost of the Work and. Ice shat! be determined in lite satire manner as Conuactor'4 Cost of (lies Work and fee as provided fit this Paragraph I 101. 4. Costs of Sparta t:unsultiutis (iucludint; but not limited to Engincers, architects, testing laboratories, surveyors. attorneys, and accountants) employed for sers ices specifically related to the Work. 5. Supplemental ecstS including the following: a. The proportion of ncccssary tr,insporUmon, travel. and subsistence expenses of Contractor's employees incurred in chscharlc of duties connected with the Work. b. Cost, including transporialion and maime- nance, of ill materials. supplies, equipment, machinery, appliances, offi c, and tentpwary facilities at the Site, and hand tools not uwned ht fine workers, winch are consumed in td -.e perfor- mance of clic Work, and .osl. less market value, of such items used but tot consumed which remain (tic property of Connnclor C Rentals of all construction equipnaet! and »rachincro:, and (he parts thereof whether rented droln Contractor or olhci, in acccrdancc with tuntal agrer:mcnts approved by Oester with Ili,- ad headJ ice of I"Mincer, and (lie costs of transporlati ll, loading, unloading, assembly, dismantling, and removal tha:rvol.:\II such cu,is ,hall be in accordance with lite tents of scud rental agreement; fhe rental of any ;uch equip rnenrl, ntachnncry, or part; shah cease whin 1110 use thercot is no longer nice;s; oti I(,- tlir \\ ork d Sales. cons umed, use. and c+cher ,mul.tr i,lxes relate, to tine \\ ork, .And lot whirb l ; 11twOol is 2. Cost of all materials and equipirnot fiumshed liable, impowd by Laws :;td lteculall"Its and incorporated tri the \\irk, incdudm! costs 0 transp-,irlaton ;Ind entrain tftcrvo t, :+rid SupIlLvis' e_ [3.'po,its IoA for .,nusV, ,+tic-: th.vi nc�au:;�tce field anuric Ietili ned in wullectrtl tiacicmill x1l .'f Cowrmor, :ria+n Saba=tttr.a_lor, of ,Inyat: t .rt IAr 7 '(h) NOUN 9wccr tea twat ( ra„AtA/e.na A the 1 un.le pc lion A wit, .4a 1'uh�a,�,kl r .°(+si2 del+a+�wi Cmc wit til @'Ivdoo.A�net 1 atgr,cean 1,4 l.!( oC. %it takliiF A+'+-t.1%ed. dtrectfy or indircett% cnglloycd by an\ of them of tilt whose acts anw of then) May he liable, and ru?,dt} pawnenl. and feta hit pennils and licenses. f. Losses and damages land related expensesl caused by damage to (Ile Woik, not comp) nsated by insurance or otherwise, sustained by C'ontracior in connection %with the perfornrulce cif the Work (except losses and darl)akes %vitPtin the deductible alnotulls of property insurance established ill accordance with Paraertph 5.06.17), provided such losses and damages have resulted from causes other than the neeligence o€ ('ontractor, ,tn� Subcontractor, or anyotle directly or indirectly employed by ally of them ur felt \0lose acts any ol'theill mat.be liable Such fosses shall include scrilcI)MIts made %\illi the written consent and :Ipproval of Owner. No such lasses, damages, and expenses shall be included in the Cost elf the Work for the purpose of determining Contiactol's fcc. g. The cost of utilities, fuel, and sanital), facilities at the Site. It. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cast) 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. 13. C*orrs L'sr/u ied. fhc term (lost of die 1Vork shall not include any of the fi)lfo%%ing item,,: 1. Payroll costs and other compensation of Contractor's otiicers, executives, principals (of partnerships and sole propt-morship;), general Managers, safety managers, engineers, architects. estimators. attorne%s, auditors, 3CCal111tantS. purchasing and contracting agents, expediters, timekeepers, clerks. and other personnel employed b} Contractor, whether :it the Site ur in ('ortractor's principal or branch office for general adniini<tration ol' the Wort: and not specifically included in the agreed upon schedule of sob cl.tssifications referred to in Paraftaph 11.01.A.I or specificalb, covered hp Paragraph I LOLA -1. all of which arc it) be considered adlilinistroti%e .osis cmeivii b% the C'ontractor's fee 2. Expenses M CootiaAor t, principal and brunch offices other titan C(-ntr:rotor',,, office al (be Site i. Am part of Conuac(oC!, capital espcnscs, including interest on Coolt,mor's :api(al cmplo%ed for the Work and charges against ('ontractor Ioi delinquent payments 4 Costs title to the neRbi-encs of Contractor, lilt% Subcontractor, or anyone directh, or indireMC employed by any of them or fur whose acts any of (heal mar be liable, including hill not funitecl to. (Ile correction of defective Work, disposal cf nmtcrials ur equipalent wrongl% supplied, and making good in% damage to propertN Cather overhead or genera! espense cvsts of lint kind and the costs of any item not specifica% and expressly included in PamiraphN I1.)1 \ and I I.M.R. C. Conrrrr. rctr '.f I -Ce VVncn alt the Work is pcHormcd on the Iasis of cost-plus, Contractor's (cc shall he determined is set loch in the \grcenlcnt. 11 hen the %;due of ;tn) Work covered b} a Change order (ir %%hen a for an adjustment in Contract Price is delernttned on the hasis ol'Cost ofthe Work; Contractor's tee shall he determined as set lorth in Paragraph 12,0I.c. D. Ducumewariorr Whenever the Cost ol"the Work for arty purpose is to be determined pursuant to Paragraphs I 1.01.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generall) accepted accounting practices and submit in a firm acceptaNe to Engineer an itemized cost breakdown tobether with supporting data. 11.011 flfoillf1m '.l A. It is understood that Cuntrtctor has included in tI. ('ontract Price all allowances so named Irl tilt Contract Documents and shalt cause the Work so covered to be pertbrined for such Burns and by .such persons t.)r enntie, its may Ie acceptable t0 Ox%tie'r illi(] Fogincer. B. ('ash Allo%wanees 1. Contractor agrees that• a. the casts allc:wantes include the coli to Contractor (leis any applicable trade discounts) of materials and equipment required by the allowances to be del)%wted at the Site, auto al! applwahle laxm and b. Contractor's costs for tmloadirt_ and handlin: on the Site, fahor, Installation . mcrheA, protit, and other expenses contemplated for the aisle allowances hate been included is the Con!r;act Pricc :uld not in the sffawan+�e:, and m deol:md for additional pa}myth on alcojail c,€ ant ..f the filnoin;;wit! be %alio. (� Ci�•rtain�en�% :;{h.wan•.e V.tt rM ( "aa ` landard GrtattA 4 undar, mi oc illi% t n,tfu%Uaa t ,11s jcI < atatii(N * kf�3i Nahtisuw9 \aaairrp all'�ars..untlatin,ylaarra-+fco-r t_!. lit . ill n:�ttic tcsrsc,l t%1'tR> I I. C'ontractot agrees that it coimngenc) ;jIllm mce. if any, is to[ the solr.• use of Omlcr to corer mnamticipalcd costs. 1). Prior Io linal puymcnl, an approptiale Change Oldel will be issued as recommended by I'llgineer to reflect actual amounts due Contactor oil account of \Vork co\ered bi allowances, and the Contract Pace shall tic ct,ttespoudinetl} adjustccl 11.03 1 'nu Price I I'm _n A. \\'here the Contract I)ocitittenis provide that all or pats Of the Work is to be Unif price `\'ori,, initialh the Contract Price wil) be deemed to itic !ttde for all Unit Price Work all amount equal to the sum of the unit price for ea,,h separately identified item of Vnit Price Work times the estimated quantity ofcach Rein as indicated in tile Agreement. 13. 'file estimated quantities of items ort. nit Piice Werk ire 'lot guaranteed and are solely for the purpose of comparison of Bids and detrrnnintnt an initial Contract Price. Determinations of the actual quantities and classifications of Unlit Price Work performed by Contractor will be made by Ent incer subject to the provisions of Paragraph 9.07. C. Each unit price will he deemed to include tui amount considered by Contractor to be adequate to co\er Cuntractor's overhead and profit for each sep.,trately identified item. 1). CAvner or Contractor may maize a Claim for ,tit adjustment in the Contract Price in accordance with Paragraph 11) 05 if: i. the quantity of arty item of Unit Price Woik- performed by Contractor differs motet ially and significantly from the estimated quantity of'such item indicated tel (tie Agreement, and there is not corresponding, adjustment will, respect 'Im ofhet item of Work, and 3. Contractor beiie\cs that Comm or is entiticd to an inc=case in Contract Trice as a r:wll of having mcured additions) e\pensc or Owner behoves that O\\ner is entitled it) it decrease in Contra::t Price and the parties arc unable to ,tr_rcc ,is to the amount of ani Jud It im:tease or decrease. Alt HCI F 1' - 0IANGF, 01 CM I RAC I PRICE, CHANGE Ut' CON lRACI t NIFS 1201 t 'hanxc f?f Coritt'rh'I I4';t'C A i he Contract Price may onl) be chanved k it Change Order Any Claim for an adjustment it; the Contract Price \hall be based ort written notice submitted b\ Ute party nriktnc the Claim to the 1•:1-wineer and the other party in the Coniraci In accordance \v ith the provi>ions lit Paragraph 10.0:+. li. I hr value of any Work covered b,, a Cha ngt: Order or of any Claim for in adjustment in the Contract Price \vill be determined its toltu\v:: I. Olere we WoIL Involved i i co\ered bt unit prices contained in the Contract lkwtunents, lis application of such unit prices to file quantities of the items involved i mbjcet to the Irroyisiuns of Paragraph 1 1.0:? is or ?. where the Work invoked tJ nen co\erect b\ unit prices contained ut the Contract Documents. b) it mutually agreed lamp sunt (which nta\ include an allowance for overhead and profit not nec'ess,trily in accordance. with Paragraph I'_.t) I .0 ' 1: or 3. where the Work' imolvctf is not cmered b) unit prices contained in the Contract Documents acid agreement to a lump sum is not reached under Paragraph 1-2.01_ 2. on the basis of the Cost of the Work (determined as provided in Paragraph I1 011 plus a Contractor's fee for overhead and profit (detcr- mined as provided in Paragraph 1 ,0d.C1 C C'onlracror's !•ile: The° C'ontractor's fee for overhead and protit shall be determined as follows I. it mutually acceptable fixed tee. or '. il' a fixed lee is not agreed upon, thin a fie based on the fullomng percentages of the \.Ilmo% puruow, ohthr Cost of the \\'ork a. fir costs incurred under Paragraphs 1 1.01 A I and i 1.01 A.', the Contradaor'N I" shall be I percent; b for costs Inctirled under 11,11uguph 11 u1 A t. Die t'ontraAoCs fee Shall be fi\e prrc'rnl. c \\here one or more tiers of aihc"mtniits ;ue on the basis of Cost of the Work pltj, ,t der anti to liked fee is agreed upcai, the intent of l'.uaIr.ahh 12 03 C.' -a Is that the Sill"outractol who actuail) perforins the \\e+tk. 11 \\balc\cr tics, 1\tll be paid a 1'Cr of 15 pCrcrra oh the :its u;cturC,l b\ Bitch SuK onlract,+f undCi P I I l -A A l and f d-t)fand 01A all, fo_ticr tier t.lf ()( t "tilt%is"Jmt at.\ueta!(ornattticvsCIYI1\ (-can'tIo0iju4 Unrletr. fc� etlyMct" :{iia?*rxliranaV>laq isI t 1"r+�rt'eed:,nr�IF�+;;anarrs tvt F -J{. t.at ;art l,r.ht\tr+rI% J td.+'crU- it Subcontractor and Contractor will each be paid it Ice of five percent of the annouttt pard to the next lu-cr tier Subcontractor; d. no lee shall be payahle oil the basis of costs itemized under Poragiaphs 11 'I •\ •1, t 1.01.,\ 5, and 11.01.11; e. the 311100111 of credit to be allowed b\ Contractor to Owner for ,tn; change: tEhicii rest<Its in ,► net dMi'ase in cost \\ill be tine amount of the actual net decrease in coal plus ;t liedtcli011 in Contractor's fee by an amount equal to five Itetceirt til such ±tet decrease, incl L when both additions and credits are involved it' any one chanf;c, tine adjustment in Contractor's fee shall be computed on the basis of the net change in accordance \siih Paragraphs 12:01.C.2.a through 12.ol.C.2.e, inclusive. 12.02 C'hwige c) C'otttruc•t TwIcS A. The Contract files may only be changed by a Change Order. Any Claim Jitr an adjustment in the Contract "lines shall be based on wrilten 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 ofthe Contract 'I i(nes covered b_v a Change Order or any Claim for an adjustment in the Contract "rimes will be determined in aceortlance with thv provisions of this Article 12. 12.01 l kht.v.i A. Where Contractor is prevented from completing any pari of the Work wilhin the Contract I'imcs cur to dclaaw beyond the control ot'Contraclor, the Contract Times will be extended in an antount equal to the time Ic-st due to such delay if a Claim is made therefor as provided in Paragraph 1-1,02 A. Dciays beyond the control of Contractor shall include. but not he limited to, acts or neglect by Owncr, acts or neglect of utility owlets or other contractors performing other tcotk as contetnplatcd by Article 7, fares, Jloeats, epidemics, abnormal \weather conditions, or acts of Go& B. if O\vtter, Frigineer, or o(het contractors or unlit\ ow'nct's pettorming other :work Jbr C)wner as contemplated by Atticle 7, or anyone for \\pont Uwner is responsible. delays. distupts, or interferes with tae p,riutn;ance or progte�s of thr Work. then Coluractor shall tw cntitrd to all equitable auiustment in tics Coah,rcl Price or the Cointract 1 tines ,lir holh_ +. Unrt�lttor'� entltiemeol to an adjusunent A the r, ontrao Fillies is crndtuoncd ort such .ad_lu illenl being essential to Cc,ntractor's 'iblit, I cornlplele the 1Votir. within ific Cotatract farads C. If Contractor is delayed in the perlormance or progwo. of clic Work b\ fire, flood. cpirlemic, oboonnal wcathcr conditions, acts of God, acts or failure: to act of unlit\ owners not tinder the control of (wner, or outer cause:, not the fault of and tic) and control of O\\ net and Contractor, then Contractor shall be entitled to an equitable adjustment in C'ontrarl I itne;. if such adjustment is essential to Coll(raaor's ability to complete the Wolk wilhin lite Conlrac'. I lines Such an adjustment shall bc, Contractor's sole and cwhisi\ c rcmcd\ for the delays described in this Paragraph 1".03 C, D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any Maims. costs, losses, or damages ( including but not limited to ;t1 fees and cbarites of Engineers, ;architects. anorne\•s. and other profession lnd all court or atbitrttion or outer dispute resolution costa) sustained lab C'Urtr;IC(01 tit-] or ant connection with ;any other project or anticipated project F. Contiador shall trot be entitled to an adjustment in Contract Price or Contract Tums fir delaws within the control cif Contractor. Delays attributable to and \within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARVICU 13 - ftSTS AND INSI TCfIONS: C'ORREC!'ION, REMOVAL OR AC'CLP I AN( -'E 01: DLFLCIIVF WORK 1301 Aotive q i)ele t.v A. Prompt notice of all defective \York of \which O\\ner or Engineer has actual knowledge will be given to Contractor. All detective Work may be rejected. corrected, or accepted is provided in this Arti;;le 13. 13.02 Access to 11, 11 A. Umict, Enguacer, their unci oiler representatives ;and personnel of0tvner, indepcndenli testing laboratories, and gowernnlentai af!encies wtth Jurisdictional interests will haw access to the site and the Wolk at reasonable times for their observalnon. inspecting. and testing Contractot shall p o\ide them proper and safe conditions for such access anti ad\ i,e them of Contractor's Site safety piocedurc i and progruns su drat they may compl\ (herewith as applicable I I'(ai /,•at\ aml hnkl�ecttoas -\ Contractor shall gi\e Laginerr umeh nonce of readincs< of IhC \Volk fQr .til rcqutr,:f mspectic ra:, tea>, Of :rpprov;ds 31111 -,halt 010l11!r,t1e with in�lytetiun and Ic'Nlilw pelwilnel to ftac►lmilc required in,pec11011: Or tea, ner 01AI c;tlplo\ :and pay til the wit, , t an iII. I;endc•rit te"Aw'.. J;abotalol'. to lac:Ifoi a ,all i,a,J\ccr,als. l F1 tri t -`iWS '.tilieUa9:arsa l:rn¢r pl l e.�t9ttitam\at1 the f •sanetr aE. a�:*or t aeAafe aei i ;,�tAa�a,t T ��r;t7 t\;ttla~+se der 'rs.tatt� v{ i"tarr+�iva®t6 if Gsy'ims tie♦ €:..x' t..Qi lig iYe eaksti 1a-ze:�a rpt ax+�®MP 13 tests, or approvals required by the Contract Documents except I. for inspections, tests, or approvals covered by paragraphs 13.03.0' all(] 13 03.1) below; 3. that casts incurred in connection \vital tests or inspections conducted pursuant to paragraph 13.0.111 shall be paid its provided in said paragraph 13.04-C. and 3. as otherwise speeilically provided in the Con - (tact floc Ullietlis. C. If I.aws or Regulations of any publlc body havinwt jurisdiction require any %\ ork lot Maly thereof) speciti,all\ to be inspected, tested, or approiivd by an emplcay'ce Or otlk'r represcivative of -such public body, Contractor shall itssulnc full respollsil:ilily for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the requited ccrtif icates of inspection or approval D. Contractor shall be responsible list arranging and obtaining and shall pay all costs in contlect oll with anv inspections, tests, or approvals required for Owner's and Engineer's acceptance of Inatciials or equipinent a, ha, mcorporated in the Wvtk-: or acceptance ofmaterials mix designs, ur equipment subilliHed for approval prior to C'ontractor's purchase thereof for incorporation in the 11 ork. Such inspections, tests, or appru\ z!s shall be performed by orgallizations acceptable to Owner and Engineer. F- IIany Work for the \%ork of others) that i. to be inspected, tested, or approved is covered by Contractor \\ilhout written concurrence of F.rigincei, it enlist, if requested by Engineer, be uncovered for observation. F. Uncovering Work as prot,ided in paragraph 13.03 1_ shall be at Contractor's expense unless Contractor leas given Engineer timely notice of Contractor's imclitiam to Co\er rhe sante and En;incer has not ,acted with reasonable promptness in response to such notice. 13.04 t 'nt- r grin i (irk A If anv i1'ork is covered contrary to the written u(luest of fingincer, it must, ifrequestcd by L-osinerr, be unco\ Bred for Lnginecr's obscrvalion :and replaced at Colitl actor's expense. 11. If Lngineer considers it rrCcess:uy or advisable that C. 11 it is found that the unco\cred ii\ ork is detective, Contractor shall pay all claims, costs, losses, and dan)a>sc, (including hilt not limited to all ler, and charpcs of engineers, architects, aitorne\s, and other professionals and all court or arbitration or other dispute resolution costs) arising out tit or relating to such unco\erang. exposure, observation, inspection, and testing, incl of s;alisfactor\ replacement or reconstruction tincludim, but not linuted to ,all costs of uc•pair or replacement of work of others); and Owner shall be entitled to all approlart:lte decrease ua the Contract ill ice. If Ilse paltics are unable to 1glec as to the amount thereof, l)\\mer non ,rake a Claim therefor as pro\ idcd ill paragraph 10 05. 0_ If. the uucw cred t1 oik is not found to 1)e defcclive. Contractor shall tic allmvcd :ill irlcrcase In t!:c Contra_\ Price or en cxiei tl of HW Cmivact f hies, or hath, dlrcctly Mhiblllable W }flch UJICOVCrnlp, expi`9UrC, observation, Inspection. testing, r placcrnent, and rretnstructian. Ifthe parties are ,In Ale to ae:rce as to the amount or extent thereol, Contractor niav mak:: a Claim therefor as provided in paragraph 10 W. 13.05 Oivner ltcn ,\'rop rhe ifbr% A. i fthe \4 ork is detective, or Contractor fait to supply sufficient skilled worker; or suitable materials or equipment, or tails to perform the %\ ork in such a way that the completed Work will conlorn) to the Contract Documents. (honer may order Contractor to stop the Work, or any portion thereof, unlil the cause for such order has been eliminated; however, this right of Owncr to stop the Work shall not give rise to any duty on the part of Omier to exercise this right for (lie benefit of Contractor, am Subcontractor, any Supplier, any whet individual or entity, or any surety for. or emp'.oyec or agent of ally of them 13.016 Cnrre crion or Remurrr! uJ ! !a k .Nee q w -k A promptly after receipt of notice, Cantrlctor shall correct all defective Work. whether or nor fabricated. installed, or completed, ill. ifllic Work has beer, rejected [IN, Fnginccr, rrinacc ii from the Project :nut rcphicc it with "tir1, tl tit iti not tiefcCti\e. C ontr ,:tor shall pay al,' claims, a)sls, losses, and danlagcs t inciudint_, hilt not Imaited to all Ices and charge, of erapinecis, archrfca is. attorneys. and other prof:ssionals anti all court or artlitratioll or other dispute resolution Costs) arising oul of or rVialilig to ,tech correction or renw,v al I inching hue net filnitcd to .Ili costs of repair or teph,cmert of \toll, o1 'niters I. cowlcd Work be vbtcrved by Pnl:ineei or inspcctcd in Ll. When colrscticf;;lefcetinc Wolk under the tciul, 01 tested by, olhm, Contractor, at E'ngineer's lequc:t, shalt this paragraph 13.06 or paragraph f 1 tt7 Contta_tx shall aancover, expose, or olhrtvvisc niak.c: available for 1,Ae no action that vvat,fd voi.l of uthrr«as. ilalp_nr observation, anspectiun, or testinp as Frigine r Illav Oi,nod's special \\ancunv, and-tlar,vitcc, it ,na\on sal•.j reglluc, that portion of the Work in question, furtushilig Vdolk all necessary lahol, waleri:el, ;ani: equipment F .ai'!)a (-".Ike `+luaa;9xat1 d � aetrur d i��s;at,rru� of tl:r S e,la+atceiaie,n < t�a,tla, l I opts zul 2102 \m WoW lt,x;tit 'Of N., 1e-,�Mul t n.Adaett r, file t. ii'199 . .\it ooghla It r�.,r. A. If within one yearn A vi the date of Substantial ('onlpletion Ior ,rich k)iigcr period of tittle as may be procribed by Ute terms of ;uty applicable special guarantee required by the Cor,lract 1)ucuntcnlsl' r l)s an) specific provision of the Contract Documents, any \Turk is found to be defective, or if the reptur orally damages to the land or areas made available I'm Contractor's use h+ O+vner or permitted by Laws and Regulafions is contemplated in Paragraph 6.1 LA is titund to be defeuive, Commcm, shalt promptly. ++.ohoro cost to Owner and to accordance with O++rlcr's %+ripen iltslru.•lions I . rcp3ir such defective land or areas: or '. correct such del&lr e Work: or 3. if the defective Work has been igrcwd by Wner, remove it from the project and rcphlce it with Wnrk that is not defective, and -1, satisfactorily correct or repair or remove and replace ally damage to who Work. to the %vuwk of Others or other land or areas resulting Iheretiotn. R. If Contractor floes not promptly comply with the lentis ofO+snci's written instructions, or rt an emergency where delay would cause serious risk of loss Or damage, ()wno may have tate defective Work corrected or repaired or may have (tae rejected \Fork 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 (statins to such corrcction or repair or swh yenta)+<al and replacement (including bill not limited to all costs of repair or replacement of wurk of others) wilt be paid by Cornmocar. C. Ill special circumstances where a particular hent of equipment is placed in continuous service before Substatttital ('omplettun of all the Wolk, the correction period liar that item v rry snarl to run from :an earlier ;tate i l" so pro%ided in the Specifications I3. U here dcicahv Work. (and damaFe to uUmi \\ wk resulting IlinviroruI has been corrected or aemu+ed and replaced under this Pinpgh I t.0?. the cormcnon period fin-ndel with respect to such \\Wk will be extended tier an :adtfilitmal period of one you after such corret,11 o, rfillo%a! ;and replacenetu has been satisfactorily enWIo— cid . \. If, inslcild of wqurnriir corrcction or removal and rep laccmew ofdcfcclire \kork, Ok%ner (anti, prior to I:ngincer`+ Iccormncndauon of Iinrl pa} mart, bngincerl prefers to accept it. Owner Inav do so. Contractor shall pay all claims, costs, lussc< and damages (including hill not limited to all lies and charge, of engineers, alchitet,, attorneys, and other protessioitals and alI court or arbitration or other dispute ic,olulion costs) attributable to Owner's evalualiion of and determination to accept such delhisuve Wolk (such costs to he appruved f)y I-:uglnect as to reasonableltess i :old the diminished value of the Work to file extent not other "%%ise paid by Contractor pursuant to this sentence If any such acceptaracc occurs prior to Engineer's reamirimcCidatson of (roil payment. a `flange Cider "ill be issued incorporating the nccess:ary revisions in the Contract Documents aritli respect to the \: ork, and Ow•rter shall be ANN in an appropriate decrease in the Contract Price, reflecting, tine diminished value of W ork so accepted. Iit' tile parties are unable to agree as to the amount thereof, O+otter nlay make a ('lawn therefor a, provided in Paragraph 10.05 If rhe acceplawe o:curs after such recorturimi ration, .an appmpriale amount. Oil be paid by Contractor to Owner. 1309 (hear ,tlgl, (nrrrrl /Ayatnrc (furl, A" If Contractor ;ails within it reasonable (line after written notice front Engineer to correct defecna c \\'ork or to remove and replace rejected Work as required by Wig"wer in accordance with parugrapll 13.oti.-\, or if contractor (;itis to pertorrn the: work in accorhme with the Contract Documents, or IContraacw faits to comply With any Other provision of the Contract Documerni , Owner may afti!r scvril day s written notice to Contractor, scores( or remedy any such deficienc) B. In rxewhing the rights and remedies unifier this Paragraph 13.09, Owner shall proceed expeditioush . In connection with such corrective or retlictiiaal action, Owacr may exclude Comractot front all or pati ofthc Site, take possession of all or part of file work and suspcm Commoor's cervices related thereto, take posse,- siorl of Contractor's tools, appliances, substruction equipment and rnichillety at the Site. and I wolpkiratc 11) the Work all matarriafc anti equipinent stored at till Site or An which C)wner has paid C'ornractor but which aw mowd elsewhere ( ontractur shall allow Owner, ()"net's representamves, agent, and empto+ee , t)++ner s other Wilmdor . and Enghwer and Engineers ; on:ukant, access to the Site to citable 0%%nci lu c xrrclse !lie rikhes and remedies tinder this liamgiaph. C All shirrs, costs, losses, and d;±rta,g , i in'Juding but I.. ('ontractor's s)hllgatiut a ull&l this Paragraph 13 07 nest limited (coal! fees :and cll arses oftn,;inccrs, ar_b13e rs. arc in addomn ria may :sailer , lAgmion or variant). !be attornc_+,. and other and all c;)ul l or pto+Islolrs Of tris Patagraa )Il I + 07 %hall not br v Vr Antic 1 d alt. tr auon or .aitel ij,lijoe r•sulun�+n costsr !carolled of A a )11b3tiUn4.' for M 7 wine! of frac pitsImnis of my 3ti_ uncd by (Owno in tx:lo .iris' Chu rights and runudw, ap pitiable>t;airlle of bnlit'itioll or repow under tni Pat a,'raph i , 09 mill be eirarycd a�,ain.,l t_OldraWand a (lunge tides will he imuc•ai irl.exp,.e- 1 1, (if li l.'."lrat' it w4 tater, g the irtme"an la +iiiaetl> in the xa Colt, sra�t with w,P,:ot to the A\ oak, ;aal't Oaan;t sh:d"1 be eruitic;l tt� _._ - l -.}S !at' C '`t.KJ luta+tgrd a.CRE aat t Vt6Qtlac)te1 kr rill 1 su1•fariar�atei a utauaci 4 gai0'tt.l t." ;rb1 N4K it treat rata yr r'rufr"VOO'el k v inrfn G. In .ta fir +t1 IWith Iint" rJ G "!ki. 1Pt an appropriate decrease in the Con Irac•t Price. 11' rite parties are unable to agree as to the amount of ilio adiustincnl, Omicr trail snake a Claim therefor as provided ill Paragraph 10.05. Such claims, costs, losses and damages will include but not he limited le all costs of rescan, or replacement of mitk of others destroy ed or damaged by correction, iemo\al, or replacement of contractor's defecti\•e Work. I). C olillacloi shall not be atlm%ed an extension of ilte Contract mimes because of any delay in the perfirrntance of (tie Work attributable to the exercise. by Owner of Owner's righla and remedies under this P:nagraph 1 .09 ARTICLE 1-1 - PAY.M-1 \'1 S A C) CONTRACI I OR AND COMPIX i ION 14.01 S1:he.hile of I'rihues A. I'he 5checiule of ,)lues estahhshed as pravuli d in Paragraph 2.0?.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 Pricc Work \\ ill he based on the number of units completed. 14.02 Pio,vesx PaYwents A. Applications lbr Payments I . At least 20 day s before the (tate established in the Agreement for each progress paymew (hut not mare often than once it nionth), Contractor shall submit to Lngineer for revie\\ ;in Application for Payment Filled out and signed by Conlraclor covering the Work completed as of the dale of the Application and a.'evinpa hied b1 such supporting documentation as is required by lite Contract Do"am ails. II payment is requested nn tire basin of materials and equipincnt not incorporated in the Work bill delivered and suitably stored at the Site or at another location agreed to in writing, the Application lits- Payment shall also be accompanied by a bili of sale, invoi(x. or other docu- mentation wananfing that t, wirer has teceived the materials and equipment free and clear of all I.iC115 and evidence that the materials and equipment are co\cm.f by appropriate property insurance or othet arrangements to protect Owner's interest therein, all of which muta be satisfacts\ry to omiclr 13cginning .will the second Application tot Pd -,taint. each Applicauixl shall include an MUM it of Contractor siting thal all P10i_tar, prvpcss f„ ry carat. ne.ei\ed ,ns- accolait of cite 14 ork ha%c been app,lie,! Oil ac(outii it, drschalrge Ucfllvul t ir•5 letsirhnste MEitiratians aasuciateci volt prwr 3. 1 he aunount of retainage with rcspcct to progress pityments will be as stipulated in the Agrecrrtent. 11, Rtwieli of. l pplicanon\ 1. Gnginecr will, \cithin 10 da_: s ,titer rcceipl of each Application for Payment, either indicate in writing a reconunc•ndation of payment and present the Application to Ownccr or return the Application to Contractor indicating it! writniC Limineer', reasons for retbsing to recommend payment in the latter case, Contractor may make the nl:cvssary corrections and resubmit the Application. 2. Engineer's recommendation of anpan went requested in an Application for 1'aytntmt will �onstitt„ a relaresentati. rt by �m,mccr to Owner, based on Frig 's observations on ilio Site of Ibc executed Work as an experienced and qualified design professional and on Lnginecr's review of the Application for Paymcnt and the accompany ing Elam,) and schedules, that to the best of Fnginecr's kno\\iedge, intitnnation and helief: a. the Work has progressed to the point indicat- ed; b. the quaflily of the �\'ork is generally it,. accor- dance %%ith the Contract L)ocuinents (subject to an evaluation of the 1t'ork as a functioning ;\holy prior to or upon Substantial Completion, Io tire results of any subsequent tests called for lit the Contract Document,;, to a until determination of quarilities and classifi4ations for fait Price M ork under ruagriph 11.07, and to any oilier qualifications stated lit the recomnumdationt; and c. lite conditions precedent to Contiactor's polite entitled to Such pavinenl ala,ear to have beer, hil illiM in so f'ar ars it is f.nteineer'. responsibility !o (ibser\ e lite \t ork. t. k y rece�inutenditag any such pavnwnl Engineer will not thereby be deemed to ha\e Iepre;enicii that, a. inspections trade to check the qualit\ or the quantity of Elis i1ork its it has been pelloill=.ed have been exhausti\c, extended to evcty aspect of the: \i(nk in progress. of ink0b.Cd detailed inspections of the Work beyond the respota- bilittes speciEitall< ,assigned tea F.ngmco in 11-1c Conliact Documents, or b, that there nlay not bl either lnattrrs or issue, bet\\cetl the panic. that tinsel entitle (-onlr.r,tcl to be pard additttiri,ill\ ba (htnc'r it i:'?rtli': Ot\ner ". \efilikold pa\meltt tilt , ntrs•.tl,: App)malk,w, tin Paymrnt 4 ^+t•tlber Lcginccr's ra\irw oft r•ritr; Iwr's \ie wk 1,,,l ttiv purpoiee� pavm rata V,I t 11Vmccr , rccurnrntntt,in,+il ! ,xr. t>:nmcnL td(ti( ('00Srslv4)41d4ev3rtliil(v044rijtlvofslit (ttlttryitwit (entleer ( „i)lriytr( r w? N*Iwitid'-(itt. A 1'hila.+rnei tr:pvertvc toVot is( . .\it righl, tier cJ including final payment, will impose msponsibility (sit Engineer: a. to supervise. direct, or control the Work, or b for the nouns, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. tiir Conlraclor's failure to comply w-itlt I.a\vs and Regulations applicable to Contractor's pertitrmatir:e of Ilse Work, or it to make any examination to ascertain how or for \vital purposes Contractor has used the moneys paid on account of the Contract price, (it e, to detennine that title to any of the \A ork. materials, or equipment has passed to Ovmei free and clear of any Liens. 5. Engineer may refuse Io recommend the whole or any part of any payment if, in Engineer's opinion. it Mould he incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evtdcrice or the results ,,f subsequent inspections or tests, revise or revoke airy such payment rccommeridalion previously made, to such extent as may be necessary in Engineer's opinion to protect Owncr from loss because - a. the Work is itelective. or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price liar been reduced by Change Orders, c. (Owner has been required to correct delMne Work or complete Work in accurdance with Paragraph 13.09, cr d Lnpincer has actual knowledge of (lie ,occurrence of any of the ctciiis cnumvi-med in Paragraph 15.02,% D. I{,Aaiun let PaPnen: I. Owner may refuse Io make payment of IN: lid( allount rccommended by Gnginecr because: a. claims have been nnadc agaitlst Owner oil account of Contractor's performance or Furnish- ing of the \\ ork; li. I.ieI1S hate been Bled in connection \vith tits Work, except where Conlractor has dclitcred a specific bond satislimoiN to Owner to stage the sattsf7ction and discharge ol' such l ices: there are other iletns c»titline Owner to a so-offagaimt the amount rccummen tcd; or d. O,tvner has actual knowledge ot• the occur.. rcnce of any of the e\ents enumerated in Paragraphs 1,1.02 B.5.a through 14 02.f1.5.c or I'aragraI'll 15.02.:\ 2. If Owner retuses to make payment of the full amount r"onimended [ty Higincer. Owner wili Rive Contractor immediate written notice (with a Cop) to Eng ineer) staling the reason: for such action and promptly pay Contractor any amount remainme atter deduction of the anxxnnt SO whittleI(. Owner shall promptly pay C'ontractm the amount so withheld. or any adjustment thereto agreed to by Owner an([ Contractor, when Contractor corrects to ("Owner's satisfaction (lie reason. lOr such action. ?. If it is subsequently determined that Owner's rciusal of payment wars not justified, the amounl wron-,fully \%ilhheid shall be treated as an amount (hie as determined by Paragraph 1-1.02 CA. 14.01 '"unU•icc•lor.� i,l ]idv \. Contractor \yarrants and eft aranice; that title to all Woik. materials, and eipipment covered by airy ,\ppli.anon for Paytment. whether incurpor ted in the Pruioet or not, %% Of pan to Owner fit lata !hall the tittle (3f paynurnt lire and clear of all Lien, 1,1 0.1 %uhtfaillial i o/pIpl-mm A. When Contractor considers the cotife \\ oik rcadc for f' Ptnatenr /lerome.s /list• its m%'tldcd use Contractor shall notitl (tuner and Filgiuccr All writni.; that the centre \Cork r: c.uh;tantwlk I . "reit days after ptewination of the r\pplitalion fir WillplOc (ct"ept for iletns spe tivalty li.tcd fn Payment to Owner with Engineers recommendation. Contractor at iniumplcle) and request Ilia! I rig mccr isstiv lite amount tecomnicodcd will (st.,Meet to the a certifcale ul'tiubsiamial Completion piotasions of Paragi aph 1.1 (1: [)1 becimir due, and \when due \\ill by paid by Ownsr I,) Contractor. 13. 1'romplh aflcr ('01111.10 01"S nolificatWo, , 0%\ncr Contra tor, and 1-ngineer ;hall make an inspc'cticin tat Ilio \\ oik to determine the status of %:wnplctium ll t.r:gir:crr docs not I onsidcr file \Cori, :(tb>tuxiatly otmpletc, Unginccl will tii'tto CoiltfaClor lit Vy rilln gi,.ilw tbC f6'aCaltti (iZtYef (tr, . 1, rt M ("(At3+11i"cttt'llGt%rral(c"ditu-os,4thc4 <ra�Uu t(�itttM! Uielf.atl If 'v.sit,Xhq i.` «.i3ho« 'Matta: 0".1 svt"it yr VI Vrt I1W4+.tt k It giItcr r% 114 It It IN #n ttg?:4r text -t ttr C. I1 fiiigineer considers the Work substantially com- plete, Lngincer \will deliver to O\\tier a tcntah\'e certificate of Substantial Completion which shall fix the date of Substantial C'oniplction. 'I'here shall be altaehed to the cerliticate a tentative list of items Io be completed or corrected before final payment. Owner shall have seven days alter receipt 01,111C temati\e certificate daring which to make written obiec'tlon to Fngincer as to ally provisions of the certificate or attached list. If, eller consiaferrlg such obicctions, Engnnecr concludes that the Work is not substantially eomplcte, Engineer will within 1.1 days after submission of the tentative certificate to Otviier motif\ C'cnitractoi in \\,citing, stating, the reasons therefor. IC alter consideration of Owner's objections, Engineer considers I Work substantial)\' complete. ! minet.,r \\ill \villin, said 1.1 days execute and deliver to Owner and Contlacim 11 detinili\e certificate ol'Substantial Completion t\vitil a revised tentative list of items to be completed or correct- ed) reflectima such changes from the tentative c•eltilicate as Engineer believes justified after consideration of any obiections Flom Owncr, 1) M the time ofdelivcry ofthc tentative certificate of Substantial Completion, Engineer \will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final paynlcm between Owner and Contractor \with respect to security, operation, safet\. and protection cf, file Work, maintenance, heat. utilities,- insurance, and \\arianics and guarantees. unless ocaner and Contractor agree otherwise in writing and so iniixnn Engineer in \writing prior to Engineer's issuing the definitive certificate of Substantial Completion, higmcer's atbresaid recommendation will lie binding on Owner and Contractor until final payntenrt. F. Owner shall have the right to exclude Contractor from the Site afier file date of'Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentati\e list. 1.1 O> hirruil t. 1111:,111"m A. PI lOr to Substantial Completion of all the \h olk. ()\wucr may use or occupy any subsiantiall\ completed part of the Wolk \\hwh teas specifically been identified in the Contract Documents. or \,hick Omler. Lneitleer, and Contractor agrcc constitutes a separately fiil'ctiorting and usable part of the Work that can be used by O) knvr for its intended purpose \\itnt;ut signilicant inicrlcmice e\ith (_'oniractot's perlcrinancr of tic• rernaindrr ofthe \\ork. subject it) the Billowing c.?nditiotns. it cerUlicate of Substantial Completion for that part (of 1lle \Volk 2. Contractor at any time nmnotify Owncr and Engineer in wmting that Contractor considers an' such pall of the Work reach for its intended use ant! substantially complete and request Engineer to issue it certificate of Substantial Completion for that part of file \York. } \Vithin it reasonable time ,after either suelt request, 0%%ncr. Contractor, and I -m nicer shall make an inspection of that part of the Work to deter;nine its Main% Of con li letiOn If Ltigincer does not cmv;ider that part of the Work to he substantially compicte. kilgincer will notify Owncr and Contractor in \\ritinef \ ing, tic , casons therefor. If f nyincer considers that pari of the Work to, he suhstatltiafly complete, the provisions of Paragraph I4.04 will apply with respcci to certification of Substantial Conpi tion of ihat pall Of the \Volk and the division of responsibilwt in respect thereof :and access thereto -1. No use or occupancy or separate operation of part of tine Work play occur prior to compliance \\lin the requirements of Paragraph 5.10 rewarding, property insurance. 14.06 1, tntrl htspecoon, A. t;pon written notice from Contractor that clic entire Work or an agreed portion thereof is complete. Falgincer swill plonip;ly make ai linal inspccoon with Owner ,rid Contractor and \\ill notify Contractor in writing of al! particulars in which this inspection rc\cals tial the \Volk is iiwomplctc or defective. Contractor shall immediaiely take such measures as are necessar\ to conlalete such Work or remedy Stich deficieneics. 11.0-1 f Final AlYmetir A. Application I'm flay mens I Abet Contractor has, in the opinion of 1al gorge. satisfactorty completed all coirec-lous identified daring the final in,pretion and has delnvervd. in accordance with th,, Conlraci Uocun;cilt\_ all nlaln- trrance and operating instructions, schedalc . ttlarantres, bonds, ceilifis:aics or other e\idenre cit nl,mancc cenific:itei of nr peAwn, nmiked-up re•,ord docurncnt, las provOcd in Pa ra,,raph 6 1?f, and other doculnents. Contractor ma\ make appfic.atiitl for final payment tollowtm the pr ccdule for plogrc,s I . tr\\tll'r 11 :ill\ time IIla\ ,request t on CKIt'l ill pat\ 111011j. S\riting to peanut 0j \twt to use Ul t\citll`\illy \Ucll prat -A the ',Voile which 0%%i t belie\e, to be ready _ the liilat \t:p!iestiuu isr t'.iyr ieol sh:s!f t, tot its intended u,.and sub,,1imtwIly complete It* mica ccompaured ie\cefot .a, pn+\:.tj ,11CI1\ered t by Mien Cot tm, for lit,FCC, flat shell part of the Work is solviun(IA4 complete, 011,0tactcrr %sill %:etif� to a ail d.)cl;lllcntstl,,n called for tri the C vifr:e( LAmm and f nFInea.r that such part of glib• i; t}.kronen tn.hrchnn; bul riot !ln!11C+3 to its =uitvt:amiall) cGnhplrtc ani; Witucst 1 Agin;cr to IS50V I U W C,IA) %taadsid i.everxl l a a+Fkk,u, u[ thr t R�vIs i i4cs� 4 ge,jrjor dtr=aa-t�il+l +,':tit+2 \rrls,rnwl+n bei\ <.r i°rScnsar.et.! i u-gimrrin trr P Al tit .\4f rt*hr.. rr.rr\rs! c�i-o.isr sK evidence of insurance required by Paragraph 54M 11.7; b. consent of the surety, it any, to final payment; c. a list of all Clam", against Owner that Contactor belie%es are unsettled: and d complete and legally effective releases or waivers (satisfactory to C)-101 ol'a!! Lien risits arising out of of Liens tiled in colutection %kith the \4'otk. +. In lieu of the releases or waivers of liens spccitied in Paragraph 14.07.A.2 and as approved by t?%vtter, ('i)1ltra00r titin furnish receipts or releases ill full and an affidavit of, Contractor thin: (i) the rt'leascs and receipt:, include all labor, services. material. and equipment for which a Lien could be bled; and till all payrolls, material and equipment bills, and other indebtedness connected k%itl the Work fix which Owner or Owner's property [night 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, ('ont.,ictor may furtish a bond or other i:oliateral satist`actoty to Owner tea inden-initi, (honer ateainst any Licit. 13. Fngiltcer's Rcvicw of Application and Acceptan e I. If; un the basis of Engineer's observation of the Work during construction amj final inspection, acrd Engineer's review of the final .Application for Paynrent grad aecompanymg docomentation as re- quired by the Contract Documents. Lnginecr is satisfied that the % ork has been completed and ('otttractor's other obligations under the Contract Documents have been fulfilled. Fngincer will, \%ithin lett days after receipt of the sinal :Apph:ation lbr Pa%ment, indicate in writing Enginecr's recornnaen- dation of payment and present the Application for Pa)ment to O\%mer for payment. At the same time Lnginecr Nv-ifl afsu give %ycuter notice t+") Owner and ('ilntraclor that the 'Work is acceptable subject to the ii -visions of Pafagraph 1.3.09 Otherwise, 1mg-ineer \% ill return the Application fat f :,\me2tt to Contractor, indicating in \%citing the reasons t:,r refusing to recommend filial payment. ill whi0i case Contractor shall make the neces�.an torr:°ctious ,Ind resubmit the Applic boli for Payment. C Pamicnt flewmes Due I Thirty days after the present:stion to ()caner of the Applicatiwt tint Pisytncllt iutd accompany i.W, doiuincrttatioa, the antatsrt rcii;nitocotfcd 1-; t:n, ine4r, feel any sum 0%%nor is entitled to %rt tat` `i against I-nginler's tr_,urmntcndsti%ltl, imiudulg lut not limited to liquidated dalwsgc<, \%ill bv?ekt rrrc cite Arid . %%ill t;c Jaid by (!%%nrr to ('ontta;ttq -LOR ! rt2ul ( ompletun2 1_44m cd A. It', (trough no I;mlt of C ontracim, final completion of the Work is significantly delayed, and ifl:ngineer so confirms. O\\mer shall. upon receipt of (_ ontractor's fatal :Application f%)r Payment t for work ILlty completed ,rod accepted) and recommendation of Lneinccl. and %\ithout terminating the Contract, make paynicnt of the haktnce clue for that portion of the \Volk fullcompleted and accepted It the remaining huiaace to he heli by 0%\ tier lily Work not fall\ completed or corrected is less timn the refaimtge. stipulated its the Agreement. algid if hands i2:2\e Peen furni:A ed as required in Paragraph 5..01. the written consent of the surety to the payment of the halance due I or that portion of the \l-rrk ful!y completed sued accepted shall tie subli' icd by Contractor to f resiineel with the Applicaiiwi for _,ich pay2trenr_ Such p:a ment shall be made under the calms and condition, co%erning final pak lllcnt, except that it shall Trot constitute a \\:river of Clatinls. 14-09 11',trevr of ( lainf% A. !'lie making; and acceptance of final paytneitt \oil! constitute; I. a \\giver of all claims b% Ownr against C untrac(or, except Claims arising fiorn unsettled Lien,, from detective Work appearing, atter final inspection pursuant to Paragraph 14.06, front failtirc lu comply with the Contract Docunwrits or the terns, Of any special guarantees specified therein. or from ('nntrudor*s continuing obligaticals under the Comract I)ocuttierms::rncl 2. a \%rover of ;ell ('laiin by Conirlctor Ammer Omiei other than tho:;e previousiy r,tilde ire accordance \kith the requirenients herein and czpri ily aAnr%%Ied;;ed by 0%%nor in %%rititg as ,till Ultictded ,Aft I WIT I s - S('SPIASION Of \\ (_ RK '\ND 'I LRMI` A I ION IS.01 rhilict ,All11%pvrd1tol,{ A. At an,i, time ;Ind %%itholit cause, O%cher into' suspend Ute \\'I:rk or iilly portion thercol for a perro,f of not niole Shun /i() ,:621 `.eCtlti%e da% 2 b\ notice ill %%rimai, to ( ol-itriltAw alld 1_volitt0 %\t11d) \llll ilk tli\' %):rtL' im .\nr: 1 hr resumed ('01u3c101 .11J11 Ics:itne the \\ ork on Me d.ltc so lived ('omratitor ;hall be i,r.rnicd ;m s;Itrr.t met;[ 3!1 tllc C!-11',ill Brite k,r an 'O !be Contriiet 1 itrc.>- o! both, Jilc%lk alnrbut;±illi t,: arc% %u:t2 +usp,nsiai, lit ilntravlvq nlake� .a ( a11111110 for qi ptv%idrd ire Psr,il;ral4'1 12` o4 t.J(tM l-"iii:lt�cs,4.i:Jr,t6etlelt%ii�ritii!riV,+t llii`(sigc%liig,ii.teit unlrltit / :,y,tnyl=t f :1qi„ \ciia,ny�l �Da-w-a% of f'rw4es+i gal t is�Faiiiri 4a,.i f rt IDi \'! ii,•_,tii♦ i�-+stt:s4. 5.02 Owiley. A1,11 11.111111111,• ku (•uaat> A. The occurrence of any one or more oftIle Ivllo\ainh events will3ustily termination for cause: 1. C'untractol's persistent failure to pertorm the Work in accordance with the Contract I)ocumcnls (including, but not limited to, f.9ilUIC to supply suffi- cient skilled workers or suitable materials or equip- ment or Vailklue to adhere to the Proincss Schedule established clutter fseraph 2.07 as adjusted from lune to tinge pursuant to Paragraph 6.041: 2. Contractor's disregard of Laws or I(egulatiun\ of ally Public body having jurisdtctioll: 3. ('lliliraetC)r S disr('bard of lige <lilttlilrity Of Engineer; or 4. Contractor's violation in .lily substantial \say (it' any provisions of the Contract f)ocumcnts. 13. If one m more of'the events idenlified ill Paragraph I S -022.A occur, Ocaner may, ifler giving Contractor (and sureh ) seven days written notice of its intent to terminate the services of'C'onlractor: 1. exclude Contractor hunt the Site, and take possession of the Work and of all Contrtetor's tools, appliances, construction equipment. and machiner) at the Site, and use the saalue to the full extent they could be used by Contractor (without liability to Contractor for trespass lir conversion), 2 incorporate in the Work all materials and cqulpnlcm stored al the Site or tier which Owner has paid Contractor but \%hich are stored elsewhere, and i. complete tine kl'ork as Owner play deem e\pedier l C. ifChsllcr proceeds as provided in Paragraph 15,i)2.f3, ('OntratCIM'shall not be emillcd to receive an) fmilici payment until the \4'oik is completed. Ifthe,mpaid lmfancc of the C'untiact price exceetls all claims. case, lo%sca; .and ditnlagei (rllcftldhll; but not limited to all Ices and charge, ofutaginecis. a:rchilccts, attornc\s. and oilier professionals and all court or arbitration or other dispule resoluti(n costs) sustained by Owner arising out of or relating to colnptetint, the \9'ork, such excess will be paid to C(Inr,actor. It such claims, costs, losses, and darnal!es exceed suo,h unpaid balance, ('oninictor shali [say clic difference to Owner Such Claims, costs, losses, art,? damn es incurred by O\\neo \viii lie r.\ ie++cd b11 Fogincer et. to their rea mmablettess and, \elven sue applovcd by Lail ulcer, in,;O11-rated in if Change Order. Alien rrcrisinav, inv rights lir remedies udder flits 1',il.iprapt (jwiicr Alall aw Inc rctlul!cd to obtain file lot+est price fill t1w a\olk perform.ed- O. NotwifhsLulding I`maitraphs 15 02 li and I; 0.Z.C. Cointmcior's scry ices w ill not he icimillmcd if(-,ulnaclor begins willing seven days of receipt (f nutwe of intent to tenitinate to collect its tailule ►o perh,nn and prlcerds diligently to elle such failure within no more than ?u days of receipt of sand notice I-,. Wheic C'ontractor's services ha\c horn so tcnuinatcd by Owner, the termination will ort MI'"I ant\ ruAlls or rcInedICs of Ow11cr against ('itnir,it t„ r It'n l'\ I`IIIIv or which mai tile IeaficI ac( Itic. \n\ retention or llaitllent ill moneys duc Contractor by Omier will not release Cottlractir Mora irahiht� if and to the cxtait 111,11 ('iilltraclor has piovitled a performance 1)ond ["niter the provision^a of l°aaraysrJpli x.01 A. (Ile term,.,aition pro:viiures of ihm bond shall :iuperbcdc the pro%islolls of Pitrituraphs 02 13, ltlld 15 o2.(' 15 03 01111.. al,n I rrmm,rr" 1 •or ('nrlrw""crrrr A upon seven days wriucr notice to C'onlractur and F.nOnecr, Owner may, without cause and ,rilhout prciudice to any other right or renes& of Oh%ner, ternimMe file Contract. In such case, Contractor sha)I be paid for ( %cithout duplication of any Iten"sl: I. completed gild acceptable Work executed in accordance with the Conlrtct Uocumelits prior to the elfecnve date of tennination, including fair and reasonable minis for overhead and profit on such \Turk; 2 expenses sustained prior to the effi:ctivc date ,.it Wfillimdion nl Performing services and finnishine labor, materials, lir etluipmcni as rsquircd b) the Contlact 1)ocunlent: Irl connectim) \\'nn 1111compicto] .Turk. plus fair and reasvnablc sunt; lilr o\ crhead and protit oll such expcoses. 3. ,1111 0,1I111s, costs, lu\scs, and d ania;cs (includ)nL but not limited (u all recti and charges of eiggmuers. archttccts, anorneys. and other lrrolcssionals and all court or arbitration or other dispute resolution ioitsi incutred to settlement of Iernlinadcd contract, \lith Subcontractors, Strpplmc ,. and (then; and •i. Icils(nable c\pcllscs directly artribulahlc to Willitnatlon 13 t olitra of ahall IIJI be pald,nl d4w„ttnl "I 1,»v ill anticipatcd Il€olils lir rc\entic or whel cconvinic 1„js MIS11W nal of c,r rrstiltill It"'m such temi'll'IN n \ It. thrt,uch no act or Light ,it ('vilif Dor. , i l the t\,.11, Il s.•..+ended to• m r th nr r. I- ` 4 A 4 t,-11�e011l,t ;t,r\s tI\ (1r411rr (r tn:dcr an WdO or s..mt ire ,1I1m puHt, 'it .th BION ..,r; I,I PA( Of f-'aan♦ana�ier.la,tn,r:,i(„n Jrn,,re,Eltw,`tFrctirl,.rn,�»tcv,i.;tii. __ __' 1 +x;96 t.lht i,M t; 'si,FlAe Gaud s.n ca t, fa"r ,.IrFa+�.„wl F.sA aasr 11.11 gra F ra Im _ \ Fr f1pla9a,a....I wtthm 30 days atter h is suhmitttd, or (no CI%%ner fails hw �U da) s to pa)Contractor im) suns rinally detcrullued to Ill.' due, then Contractor miry, upon seven day s %%rittrn notice to Uwner nd I FiRineel, and provided Oliver or Rngineer do not renletl) such suspen�ian or failure %sithin that time, terminate the Contract and recover front O%%ner pa) mcut on the sante terms as provided in Paragraph 15113. It. In lieu oftermratating the Contract wind viithout pteludice to :gym other right or remedy, if Engineer has failed to art an an Application for payulcnt within 30 days aRet 0 ii submitted, OF ()wnrr has failed for 30 days to pa) ('ontractor all sunt finally determined to be due, Conitac(or may, seven days atler %written It , ice to O%%ncr ;end Meer, stop rile "41 until payment is made of u!! such ammmts due Ctlmraef%,r. heluding interest thrk mn_ 110 I`'toSAm of this P;tripq% ON are not inlertded to picclude Contractor, fit),,, making a ('lain, under Paragraph 10.05 ter an at(jtrstntent in Contract Peke or Contract 7 imes or otherwise liar expenses ordant, e directly attributable to Contractor's stopping the \1 urk as perrmnted by this Paragraph. ARTICLI, 16 - i7i5P(."fl RESOLl'r1ON 16.01 1ft'tfiNrfs ural f'rucc'4r1111-e.4 A. Either O4vner or Contractor may request n;edi room uh awn) Claim submitted to Engineer flit' a decision under Paragraph 10.05 before such decision bent» nes ftoal anti binding. The mediation %sill be governed by the Construction Industn• Aledialitm Role:: "Me American AtbNMOn Association m effect a; of the LMcrivc Hale of the Agmemna The request IN ruediahun shall be suhntiued iia welling M Me American Arbitration Assecialion and the oilier party to the Cattract. Thirml) submission of the regnesi shall stay tine ell'tct of I'arigraph 10.05.1-.. 13. O%vner and Conlracte i shall pmlicipale in file mediation proccs in w mph. rite process shall be ,.oncludcd %%%thin 6() day!; of tiling of the rraluest i he dais of termination of the mediation shall he delennincd by application otthc rnediatiwi rules rei'vremeti above ('. 11 the ('faun is 1101 rcxilvcd by mediation. FrIglncer's amort under Paragaph 10 U5 C ter a denial pwnwnl to Parw 3raphs iO.i15 C t or I0.t15 D shdll becorw ting! and bmdhq 10 da%s alter turnutatimi ofihc media wn unless. %within that lime period, 0"rwi or ( imilachn) 1 vies is in %vritirrg to IlViokc aril do.putc re'%Olubol' pro%xs> pr ividrd h4 in the Supplrmellwil )auiditiors. ,rt' 3g.'r"I "I tl1C 14a p,il'r) tit iiti:iaM the { laimi 3. 0%es %sntten notice to the ollrcr pally of there intent to wbluit the Claim to ,i court of conlpetenl jiltisdiction. Aft TiC'LL• 17-MISCLI_LANLOI S I TIJ I ( rrlwo: i (;fico A. 1k herlever an) provision of the (,or"II&I Doc unleIli s require~ the giving of written notice. it 4viil be deemed to have beer, validly given if: 1. dell%eretd Ili persoli li% the ill(li%tthral or to it munM r c 'te ltrm or to an olftcer ill the .,np(IrA,n fat "luun n is intended, or 2. delivered int or sent by rcgkiesed or certified I"""- puitaLc prepaid, to tier last business address kna%vn to the giver of Osc notice.. 17.0' ('umprrrutnirt ref fmrrs - When any period of time is referred to in the ('ontmct Uoi;unicnts by days, it %viii be computed to exe udc the first and include the last clay o1' such period If the last dal of any such period falls on a SanM& or Sunday or on a da) made a legal holiday h) the Irl%% of the applicrible jurisdiction, such day will be oniiucd froni the computation 17.03 ('rrnNrMUM Rrrrrnhe+ A. The duties and obligations imposed b% these (ienerat Conditions and the rights and remedies a\agiMe hereunder to the patties hereto are in addition tv, and are clot to he construed in arty %%ill a? :t limitation of, any rights and remedies available to any or all of them which are otherwise imposed or a%ailablc b% i.a%%s or ricpul,r tions, b) special warranty or guarantee, or tis ,ether provisions ofthe Conlraet 1)oewricnts, rhe provisiims c:f this Paragraph will be as 006ve as if mpeawil sPecificall) in the Contract Document, in co ntectioti 4%iih each particular duh, ahlit:atinn. right. and rrsned% to %%hwh the; a ppl% %.0.1 >fv k',rl al (lfrfigon"ris A. A11 icpr,senhinoiis. indcnuitficaht n , 4%;iirinu . and gualAniees matie iii r"wwd tib, at' emn In a"Wd'nv %%ith lige C4+titr,ac1 I)ocunicnts. as %%rir ai all coma uun%. oblig=ations ,iuhcatrd tri the ('e+nuact [3acunicr.t,. %%til suer%e final pat Iitetu, Ciel-IMCI1"n. and a,..•cptan:e o1 t5c 1 o!' it (ersi.ii ani; K! of col"llikiloo Uf the C."'uract or t4 nnnat!on of We seryl%e> [it Gkiula'tot 1710 r Ur;rrvfliU,>; i,rn fa:esa,>thci distrute scss%ivtlttil vaas� i.r1 , �� I (til S t%,nn;att is tel bG pn,; taie•d h% 5% of itis; �t,[ti _ ui %+hiai she r'r,iiccs I. rscsrcu �..> tJ(Hi(itim'in'Ncdr enrrxl[o s r=,nittibciW, Ittnrtwr4iVolt* a.t- i .staart t+F 4 ,'.itis lkr4;±nit �:+t "le . t P't n.r<•„i v,.t E. axpo,eaea fst+ 4..t( iii AU r!. m' er�rt,rJ 1 7.0(1 /;'t'fLltrzt s \ Article and p,Eratpal:h headtn=.;Ere insrttetl fi r colivenicnce anti d0 ntq cunstitnte part~ tit tlie+c (;eneral C'unclihons. Aahni�r�, f [,at'v �E! aarlfi4e Rf++$fist f . s.arda�ttwa (�taEu<Y .� �. .� _ ! e,Eeardt:t 2cRty'tiat .eeas.B.�a.ut. vil':,�feoaacdad;at 1naes.txrxle.t !:!( 11(. MtErdKtdtx SECTION 00800 SUPPLEMENTARY CONDITIONS INDIAN RIVER. COUNT`` DEPARTMENT OF UTILITY SERVICES BOARD OF COMMISSIONERS 1801 274h Street, Vera Beach, Florida 32960 SUE-LEMENTARY CONDITIONS TO THE GENERAL CONDITIONS r TABLE or CONTENT'S PART I - AMENDMENTS TO GENERAL CONDITIONS Article Number Title 1 DEFINITIONS AND TERMINOLOGY 2 PRELIMINARY I'VIAll TERS 3 CONTRACT` DOG LIME NTS ; INTENT, AMENDING, REUSE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERS"NCE POINTS 5 BONDS AND INSURANCE 6 CONTRACTOR'S RESPONSIBILITIES i OTHER WORK. AT THE SITE 5 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 WORD '14 PAYMENTS TO CONTRACTOR AND COMPLETION 15 SUSPENSION OF WORT( AND TERMINATION 16 DISPUTE RESOLUTION 17 MISCELLANEOUS SUPPLEMENTARY CONDITIONS PART I - AMENDMENTS TO GENERAL CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC Document No C-700, 2002 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE -1 - DEFINITIONS AND TERMINOLOGY SC -1.01A.43. Delete paragraph 1 01A.43 of the General Conditions in its entirety and replace with the following 43 Specifications - Sections included under Division 1 through Division 2 of the Proiect Manual. ARTICLE: 2 - PRELIMINARY MATTERS SC -2.01B. Delete paragraph 2.01 B of the General Conditions in its entirety and replace with the following: B. Before-, any Work at the site is started, Contractor shall deliver to Owner, with copies to Engineer, certificates of insurance, which Contractor rs 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 Aoreernent. SC 2.05A1 Add the following immediately at the enol 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 tits -ins. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SC -3 01 C Add a new paragraph immediately after Paragraph 3.01 C of the General Cond,tions which is to read as follows: D Each and every provision of law and clause required by law to be inverted in these r; antruct Documents ,hall be deemed to be inserted herein, anti they shall bci read and unfoic:e« sir, though et were included tureen 00300-'3 5C3.03A.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, ambigu- ity, 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 3.035 Delete existing 3.0313 of the General Conditions in its entirety and replace it with the following B. Resolving Di=epancies. 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 behveen or among provisions, the strictest o. lost stringent standard shall apply. ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC 4.01A Delete existing paragraph 4.01 A of the General Conditions in its entirety and replace it with the following: A. Owner shall furnish the site. SC 4.01 B Delete existing paragraph 4.01 B of the General Conditions in its entirety. SC 4.02A Delete 4 02 A.1 of the General Conditions in its entirety and replace it with the following A. Reports and Drawings. The Contract Documents may identify those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents. Engineer has relied upon the data obtained from subsurface investigations made at the site in the form of test borings. Such data is in the form of boring logs, which are available upon request. The locations of the test borings are indicated on the Drawings. Such logs and samples are not part of the Contract Documents. SC-4.02A.2 Add the following new sentences immediately at the end of existing paragraph 4.02A 2 of the General Conditions which is to read as follows: In the preparation of Drawings and Specifications, the Engineer has relied upon the reports and tests of subsurface physical conditions at the site The foregoing information and data shown or indicated in the Contract Documents is based on information and data furnished to Owner or the E=ngineer 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 Sc 4.03A Delete 4103 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 writinq of (1) subsurface or latent physical conditions at the site differing materially frorn those indicated in this Contract, or (2) unknown physical conditions at the site of an unusual nature. differing ineiter9ally from these ordinarily encountered and generally tecognized as inherent in Work of the character provirftact 00 800-4 U r '?'0'603 '_- g`f, � ie ter:!+-$ CS;�; 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 wave 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 flew paragraph immediately after paragraph 4.05A. of the General Conditions to read as follows: B. Engineer may check the lines, elevations, reference marks, batter boards. etc , set by Contractor. and Contractor shall correct any errors disclosed by such check. Such a check shall not be considered as approval of Contractor's work and shall not relieve Contractor of the responsibility for accurate construction of the entire Work. Contractor shall furnish personnel to assist Engineer in checking lines and grades. SC 4.06D Delete the last sentence of paragraph 4.06D of the General Conditions in its entirety SC 4.06G Delete paragraph 4.06G of the General Conditions in its entirety SC 4.07 Archaeological or Resources at Site SC4.07A if Archaeological or Historical Resources are revealed, uncovered or discovered at site, Contractor shall cease work immediately and solicit the services of an Archaeologist Registered with the Registry of Professional Archaeologists. Based on Archaeologist's determination, Contractor shall then submit a Change Order in order to avoid resources or mitigate as required to proceed with project. 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 terra is defined in Florida Statutes section 713 01) may apply to Indian giver County as Owner for copies of the Agreement and the recorded payment and performance bonds and shall thereupon be furnished with certified copies of such documents SC 5.036 Delete existing paragraph 5 038 of the General Conditions in its entirety SC 5 04th Delete existing paragraph 5.0. 13 of the General Conditions in its entirety and replace with the following: B. The Contractor shall not corn"ience Work under the Agreement until It has 00,11rie d a1I ar►srrrrInt;o required under the Agreement at -d the Indian River County RisK Manager has approve -d su' i -j i-idta �_�iMS ky�`�i:�i� sf•rl �i.e �Sby �'i s+a'� 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.O4A of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations - 1 . egulations1. 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 towner 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 Conopieted Operations including X C. ;-f (Explosion Collapse, Underground) Broad Fors -ii Property N)mage: Broad Form Property Damage Endorsement, with a combined single limit of not less than $3,000,000 general aggregate to include products/completed operations, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). 3. Business Auto Liability Coverage shall include Owned vehicles and Mired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $500,000/Combined single limit (Bodily Injury/Property Damage); personal injury protection -- statutory limits; $500,000/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 inse_,rance 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 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 VII. 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 -507 Delete existing paragraph 5 07 of the General Conditions in its entirely and replace vvr!h Iha� following A All insurance policies provided by tfie Contractor shall contain p''Ovi,ions to the effect tiiji•t 111C.insurer waives all rights of subrogation against any of the insured Idditicnal insurer (rind the officers. Giel io 6 i' r R VV I -' fi.' ` a; ;r,;e. ,;,4`t %A-, ; t 4 ° aS }.: . 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 RESP'ONSIBILIT'IES SC 6.018 Delete paragraph 6.018 of the General Conditions in its entirety, and replace with the following: 8.01 B The Contractor shall employ a competent superintendent and necessary assistants who shall be assigned to, and in attendance at. the Project site durit ,- 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 -6.028 Add the following new paragraphs immediately after paragraph 6.028. 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. 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 critics? 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 sante or ail 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: (o) Increase the vurnbe• of woo ing hours per shifu shifts per .tiorkrng clay, working days per weer, !Alis amount of constrticvon equij,g est or any conitmiation of the fo!egoing to ehern`nate the bay kloj or Wwk or (c) Resr,t ejuie 1008001 I) - 4 '; �.i.; 'd Uri N✓hrri-.,,��ta�rr'd �'f Ct 9:::,cT ';I.,,v, 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 ail 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 right 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. ollowing: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. ,cceptance 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 riot be required to employ any Subcontractor, Supplier or other person or organization against whom Contractor has reasonable objection. SG -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: 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 governed by the provisions of Florida Statutes section 218.80. Public Bid Disclosure Hct. 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 made application for the Indian River Farms Water Control District Canal Right-of-way and Indian River County Utilities Right-of-way Permits and said permits will be included in Section 00901. Any permits issued after issuance of bid documents and prior to bid opening will be provided as an Addendum. The selected Contractor will need to obtain FDEP NPDES Permit for this project if the manner in which the project is constructed exceeds applicable thresholds. in the event an FDEP NPDES permit is not required for this project, the Contractor will still be responsible for installation of silt fences, turbidity barriers and other erosion control devices as necessary to minimize erosion due to construction activities. It will be the Contractor's responsibility to develop and maintain an erosion control pian at all times. The selected Contractor shall obtain an Indian fiver County dewatering permit. it such permit is required. Contractor acknowledges that the foregoing ilerns are governed by the provisions of Florida Statutes Section 218 80 (2006). Public laid Disclosure Act SC 6.11 A 1 Delete the words. 'arbitration oC in line 9 of paragraph 6 11 A.3 of the General Conditions. SC 6 19A Delete Paragraph 6 19A of the General ConditionY in Its entirety and replace with the following ri 0r-V,tX,'i4d `, r,r>i+n cnN" "g t. J-'.,;, ',a s'f-:+c A. Contractor warrants and guarantees to owner for one Gear from the date of Frnat Completion th.st all Work will be in accordance with the Contract Documents and will not be defective, provided, however, that manufacturer equipment warranties may be of a longer duration SC-6,20A Delete paragraph 6.20A of the General Conditions in its entirety SC-6.21 E Delete paragraph 6.21 E of the Goneral Conditions in its entirety and replace with the tolluwing 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 No Changes 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 governed by the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq., SC -8.06 Delete paragraph 8.06 of the General Conditions in its entirety. SC -8.11 Delete paragraph 8.11 of the General Conditions in its entirety. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC 9.02 Delete the first sentence of paragraph 9.03A of the General Conditions in its entirety and replace with the following. A. Engmeer 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 gijality-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 Witch is to read as follows, 8 Engineer wail ftirnish a part -t me Pfo ect Representative Contractor is respcnsrt)le to ai,;e 24-tio,tr notice on all required inspections so tb3t the Project Representative may be present 0,06100-9 t, _ ,ay •,•+'kd.� %�:'( �C 1) 04 - A Dt�l U, VW thltd wfilence cl parai r, pf) 9 WA of vle GewHal (,eiindiftiin,li in if.­;� ot cr-ely an4 with t!No foll""wono I'Voweve4, if contladol ciainis effly'Pervilit to Additional t -we ur nlo.n:fly lts A re"..ulit Of th(r t: ­'J 0 -d -or such uch entitlement it, conditioned upon Obtanitl(t a change O"der author:;cd and execult!."'I by cwle' After timely making i Clivni Is pro Occu r vile(I it, the r ents SC 9 MA DviNc the seoond senleruie of 9 OUA of the General Condit ons in its entacty a,,d reolace tnu­ follo�vtnq t* xcept tof (a) Claims for differing subsuilace or physical cor&tlon-3 governed Ly, paragpa.p)Al OJ an!j (N Claitns for 'inn extend icmCit w',-mc�j by Paragraph 12 03, all matters n OILW`SbOt, and 01thel ml'u'tp. ns'. tmtwe�t") Ovw-vf and Contractor arls-nq pior to cwij! rient l-, due wi.-Ifin'q 11.0 acceplabil;ty 0 the V-Vci;t: and the nteq-tc,,la'(1on of the reclo;iennerits of the ("On"ract pertainit,14 to tier, performance of the Viloi k, w811 be, efer red lnihat4y to Engirwe r it,, w riting with !III 1 15 da, , aftet oc i cwwnc:e of the event giving rise to such Claint or within f5 (Jays after me (-' ixirtior t first fecognizes the condition. giving 1114C., 10 the Claim, whichever is later, prov:&d haviever Ulle O�wle, shag! make all f!nal determination of SuCh niattets SC 9.08-0 Delete paragraph 9 08-C of the General Cond4tons in tts crifirety SC 9 08-D De)tte pafaqjrapt) 9VS-L) of the General Conditions in Is entl!ety SC M03 A 3 DOOP s-.jbparagiapli 10.03 A 3 of the, G6neral (.ondifions in its e,)t rety SC 10 05A DeMe paragiaph 10 05 A of the General Conditions in its entirety and rep:ace wt,' ti)o, fo'lowing A All Cl.*ns shail initially t)c referred to the Engineer for decision SC 10 05 8 Delete palagraph MOS B of the (Icreral Condifions so its entirety and replace with Phe following Except for (a) Clainis fcir dMerting subsurface or ptiy�*lcal cono,tionsgoverrio-d by pa,af i j p aph4 03 �vi (b) datins for isms' extensions governed by pzh!aq,,Tapn 12 03 Claim% by eivier party �ihjl Le ini!;�i%,J within 15 daps after occucrence rpt tree, evert g?v,ng rise to stxh Clxryl or w"9 -In 15 day±S ofle'r 1111rt �jn'Ze$ the condit on 9.,wnq rise to tflta Ct,1,171 A,lchewr is later try written not :e> of extefit Oftheclam, a ispme, of other matter 'v�h I 43 tirj(_ by 1,I)e cianiam to Lnglneer and the Ofwr prolyl to tile. Curl.rcbct A Cijini for v.) PrIop `t ';ail L*, le sl in accofdanre viv-11.1 Oua poi,1"wians of Parra�raph 12 01 B A fjr J�-I U VT I I i n Copp:tr ac I re I � Fj'hwl Ne we"'ared �n ai:.ctardarice P, AI � Vie prov 5: o tv"i of pal 3r. P MD bythe Con, actoo f 'how shait to a lok(VA ai,l) -fit, tfi.:s I± (11" 1) Oln�J f kili�v pw4,it ],PL 005 U' and ARTICLE 111 - COST Or, TIM WORK—, ALLC3WMGI- UNIT PRICCH WORK SC. I I NA Uesiele Fha'a{;tiijph 1 102 A at the Gcrwfaii Conditions ons in tlei I!ntlrctv ;ind r 'f`I3i:.r• i,th th-:! t(�ttt?rN.rig . 1t as undvvi :toad that COU I RAC 1 OR h as inchjd€ d in theContract l;i love an, -P% rh Contiact Documents eats and shJll cause the Work so .'overe d to he perform ed lroi Nu -C ntw— 15 rna`j to acc 31f3L` P to OWNER D i0f. t ;magi apn's 11 02f) tlhtotilth D of the Cenetal CandiLow-, in 1-hetr entirety ARTICLE 12 - CHANGE OF GOBI RACT PRICC, C61A'sti GF OF CONTRACT 71PAES SC17 01C Delete "715 t?erc,€:t?t` in 8ini? :: of fiarae3r,•spFt '-2 JiC 23h £f th.o Gerie"A! f :?rift{lio ix and Iep';ace- VMNir "10 percenl" SC 12 C11 C Oolete "15 percent•' ire line 6 of paragr<•aph 12 01C 2 cot the Goneral Csooditions and replac �n rtit ' 10 percent" 12 03A and 13 Delete patagr,aphs 12.03 A and 12.038 of the (3enerall C,on€tit;on; in and r£}pl;}to W11 the t01101th'ing. A, V1i'here C;ontrActor is del.:ayOd or presented from completing any part of the Work viiii^in thc• Contract 3 imes due to delay beyond the control of Contractor, the Contract 1tmes lot Milestones) v ti4 be extended in an amount equal to the time lost due: to such delay if (1 ) a Claim is made thereforF� 13 provided in paragraph 12 02 A and (2) 'Contractor provides ev,dence that the dol.ay impacteo the iri'dical palib of theyf to;ect• Delays beyond the control of Cootractor shall include, but not be limited to acts or neglect by Owner, acts or neglect of utility owners or other contijictors perrfiarriling o0her vu(ok as contemplate d by Article 7, fires floods, abnormal weather cond4ions or mets- of God f re Corittactor nikhM retliaeM the extension of time in writing ind roust provide the folio4&,ng mfvrrnWion Aitfiin the till periods stated hereiflet F,a'lure to submit such tritowiat.on and in compliance Mir) the tore r*utlwe meats hereinafter stated, shall constitute a wa+ver by the Contractor and a Jenia, of this? claim for extension of time. 1 Name of the delay or change m the Work. 2 Coati's of corr+r eocercent and G£n=,sation ct the delay or charge m the'("Jork 3 ii+cti-vities on the curirerht rovigress schedule affected lb:v the delay or ti hantje In lht-04Vi:)6 4 and derndnstrati:)n that the (Way or cr?ange in Work affect% 1-,e c� ti.cal (-Ilh fa- ttterdificallon of tf`' o-GiArC"i of rftay Fir change in the Work, 6 Arilickpated extenit rah Pw delay nr change iii) thF:Wt.;rik. Ir%d 7 Recornrnend.ad act*n to miiin.iniixe the defay ... t ;`teeny of '°rm thatp x 'r.;4;� # r gr ed t`e •F- 'c -ii amt - t6`lr, � "tk' 3r{ 4 time, t sir t _4 `-(ttl lr' t� ti'%�,• 4.71"trri4 eC -r 34�sfi-'.. 111i;iti. S -VO r '.rredy. A,pa r't f:'ri'm t rix,%oin 01 W1 e. r1rd pap rne It or 0lx!' f'-1 cjamil jes its 3 1 i..,,? t"4' I'le tc rr't'_ for (,dwtkav't g; ,: yr V {Wao C' h` fro..r:. nc � f"o'"I zrl'fi t, d' to 'At ri.3° h, l? s : r r t t rd ga}v;;Sk.r . 0 ills V^ ()#'t s ich d0ay :', i'w'o lat`he o !' a"a Jar"i .S3•(.: 'Q 01i i, 'L r^ a.','l•ft.,° pal zl.r a_rh 9 L13 C 0 the r,tar r, f, ., - x ! wN CS t= "I f k? t"i' ,"i� , .. trv=' t,+1 _its -x r.r; .:' t _Sk<t+•.� Firg i ,';x,,., i, .n: +r f,3� " ar f. . ,art, t't . . M i . rr` h,i:°'f W" h,',:kk V'd IiPr ,u) r w „ + ,oar, r= 14 11s- of any of 11)vni foy 4oly cu'111, co -M, !OAS, or dawagai of any mitt ve evainevuer x1onq out of len'tj tog ffolin dm.�.Vd, ARTICLE 13 - TEISTS AND INSPPUIONS; comr.cTioN, RrMOVAL OR ACUPUNCE OF DEFEC11 rIF WORK SC1304(113011a Me !'YC"' ds St: 130PA Add this lo=vg seiljencvthe 130?C of Gene -.ii CondMonti 4t the heginninq c, I lh,e owl"Co and Genunlot agree that a "=My inspectQn shaft he r)o 1ijter!hxl elev-'cl 0 10fl-1010's -311krrfinol pavi"ent un501 Rio Canhact so that Hm MCI 011*rmse examino the Work pt)ol- to till? OxVirMion of Ifle Pwfornnaxlca Bo -id SC 13 07E DeMe pwaglaph 13.071: of the Ge-rv!rtll Ccridtluons in its entirp-ty and revfaze wile the folnivaig Cmhadixt oNigatmos undo this paiagiaph 13,07 are in addition to any oth(cr obiigat;on or w,3rgjj-jty The pragwows al this pavagiaph 13 07 StU111 riot be cok)sfrjed as a aWsMWe Mr or a waNer of the PlovistOns of tiny opplicable MoNle of mdahon or any way to hold we Co*aow% jjjq),j!ty for dofecbve Walk, including latent dofects SC 13 OBA TIA10 chanqe,, I Delvle the words "aibitribon or in line 8 of paragraph 13 05 A oll 1he GeneeLii Ccin,+t oras 2 0000 V. pNase "(such costs to be apWoved by Engineer as to infines loarij 11 of paragraph 13 08 A of the General Corlditooris 13 0% DMAn we woos "atbilrat�ojj or" in 1,ne 4 of pa!agr�.),ph 13 09 C of 0,e (;eneral ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLI-TION SCA4 02A i Delele. the first sunitence of pwaginph 14 02 A 1 0 the Geneial Cc-ndittorvs.n t)fproAry ancreplam wdi the foloaq, Chi at b0oze Pie terlh 00") d;oy of vach month, Me Cc-nl.raijv sh,0 subig1 ? ccnipvtoo t•.1, Ott pfcgresi PMMvnhr0U&Vs to the ErigiveeT, 05 5-k:A p1cfuh lleget�l conlvac!oy s.uibni4 fu Urgirl,,ar Y,-,( anApp% .ajqo,; fo, tied 00 and sgned by Conka"m cmenng th,;ioVor� co!,np,Oted, ,35 tf e dWe of Me AWWxW.n to, PaNawnt and accchvv4panlvd by 5':Ch a -A le100d by Me Co"00 1kinnwrl-, Siji�,.h 5,14pulag doCuments +ht', n,,, 10analu as sw"011"n he Agmoaxl and a we my, CPU Ap;Acail. 1t,x vljie-MWA Ins town ww"I to immkvpq-w"s to al 4,il, 6Ved k4low 'AV py t -h'j' &-i fillwk- n -w" PK04 t p a eue a in t L^,! i I A v & X "—A 1 H I -MM — " . 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 or_probable occurrence of any of the events enumerated in paragraphs 14.02.8.5 a through 14.02.B.5.c or paragraph 15 02.A. SC- 114.020.2 Delete paragraph 14.02D.2 of the General Conditions in its entirety and replace with the following: if Owner refuses to make payment of the full amount recommended by Engineer, Owner shall provide notice to Contractor in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. and pay Contractor any amount remaining after deduction of the amount so withheld in accordance with the provisions of the Local Government Prompt Payment Act. Florida Statutes section 218.70 et. seq. Owner shall 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, claims 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 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 Oviner's satisfaction under this 00800-ta o .J}IVJ5iQtJ 0JJ()806 S.ayp!ernt'nta,y Conde ans d)c Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project SC 14.04D Delete paragraph 14.04D of the General Conditions in its entirety and replace with the following: At the time of delivery of the tentative certificate of Substantial Completion, Engineerwill deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work. maintenance, HVAC, utilities, insurance, and warranties and guarantees. SC14 07A.3 Delete paragraph 14.07A.3 of the General Conditions in its entirety. SC -14.0713.1 Delete paragraph 14.078.1 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 -14.07.0.1 in its entirety and replace with the following: Payment shall be made by Owner to Contractor according to the Local Government Prompt Payment Act, Florida Statutes section 218. et.seq. SC 14.08 Delete paragraph 14.08 of the General Conditions in its entirety SC 14.09 Delete paragraph 14.09 of the General Conditions in its entirety ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION SCA 5.02.A.1 Delete subparagraph 15.02.A.1 of the General Conditions in its entirety, and replace with the following: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents; SC -15.02.A.4 Delete subparagraph 15.02.A.4 of the General Conditions in its entirety, and replace with the following: 4. Contractor's violation of any material provisions of the Contract Documents SC 15.02.A 5 and 6: Add the following new subparagraphs at the end of paragraph GC -15.02.A 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 00800 14 C ,T;wisiQt,i o ooboo SupF ,.nzrt } C�r.�,tao^s Ouc 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 flailed 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 fib - DISPUTE RESOLUTION SC -1C 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 overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown in the Agreement. Notices shall be effective when received at the address as specified above_ Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions 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. 00800-15 SC 17.02 through and including 17 09 Add the following new paragraphs after paragraph 17.01 of the General Conditions 17.02 Utilities: The Contractor shall, at its expense, arrange for, develop and maintain all utilities in Work areas to meet the requirements of the Contract. Such utilities shall be furnished by Contractor at no additional cost to the Owner, and shall include but not be limited to the following public telephone service for the Contractor's use; construction power as required at each point of construction: and water as required throughout the construction. Prior to final acceptance of the Work the Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of the Contract. 17.03 Drainage. The contractor shall so conduct its operations and maintain the Work in such condition that adequate drainage will be in effect at all times. Existing functioning storro sewers, gutters, ditches and other run-off shall not be obstructed. 17.04 Fire Hydrants: Fire hydrants on or adjacent to the i ,ghway shall be kept accessible to fire apparatus at all times and no material or obstruction shall be placed within fifteen feet (15) of any such hydrant. 17.05 Protection of Structures: Heavy equipment shall not be operated close enough to pipe headwalls or other structure to cause their displacement. 17.OG Fencing: On all Work which includes fencing and where the Engineer determines it to be necessary for maintaining the security of livestock or adjacent property, or for protection of pedestrians who are likely to gain access to the Work from adjacent property, the Contractor shall erect an appropriate temporary security fence as a first order of business. Temporary fencing shall be installed at temporary construction easement areas on all commercial and residential properties appropriate to secure the Work area and protect persons and domestic animals. At all times the Contractor shall conduct the Work under secure temporary fencing. Permanent fencing shall be addressed as required by the Plans and Specifications. 17.07 Record Drawings: The Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These items shall be available to the Engineer and shall be delivered to the Engineer for the Owner. Record Drawings shall be submitted with each pay request. Final acceptance of the Work will be withheld until the approval of such documents is made by the Owner. 17.9A Progress Videotapes: Contractor shall deliver to the Owner both prior to commencing the Project and before receipt of Final Payment a DVD -type color video of the Project showing the site before and after Work has been completed. Contractor shall audibly identify on the video the station numbers as those areas of the Project are recorded. T he cost of the video shall be included in the bid submitted by the Contractor, 17.09 Commercial Activities Contractor shall not establish any commercial activity or issue concessions or permits of any kind to third parties for establishing commercial activities on land owned or controlled by Owner. Contractor shall not allow its employees to engage in any commercial activities on the Project site. G0800-16 D'DIVISION 0,00,800 SuppiemMt.!ary Cond,!.ons doc FART II — FORMS TO BE USFD DURING PROJECT CONSTRUCTION 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 1-6v TATIONS OF AUTHORITY OF PROJt-CT REPRESENTATIVE 00800-11 D D VISIC14 ov)osou uppiernernta+y dx TO: (Bidder) (SAMPLE) NOTICE OF AWARD Dated _ 20_ CONTRACT FOR: 16" REUSE WATER MAIN EXTENSION ALONG LATERAL G CANAL -AND- i_67' _REUSE WATER. 57TH STREET TO 63RD STREET _ You are notified that your Bid datedi __ 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 return to this office for further processing. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by 20 1. Execute all copies of the Agreement. Each Project Manual and set of contract drawings must bear your signature on the cover sheet. Do not date the Agreements or bonds; this will be accomplished upon execution of the contracts by the OWNER. Submit a power of attorney authorizing OWNER to date bonds and Agreements. 2. Submit one (1) original copy of the Payment and Performance Bonds. Instructions to the Surety and the Principal for execution of the bonds are as follows: Where the CONTRACTOR is a Corporation, the Agreement and any bonds must be executed by the President or other duly authorized officer of the corporation. The Agreement or Bond is 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 Attorney -in -Fact for the Surety, the accompanying Power of Attorney must be executed by persons whose authority to do so is plainly identified on the face of the Power of Attorney. 00800-t8 V'CnVi5i0N 0;: 0$00 S nP!erwrtary C.onV,ons toc 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 ` , declare your Did 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, 008010- 19 U ,C?i�' SIOPJ S 4, 8^0 6u; t a ni�rdary Cond:t wl. NOTICE TO PROCEED 20 CONTRACT FOR: "16" REUSE WATER MAIN EXTENSION ALONG LATERAL G CANAL -AND- 16" REUSE WATER- 57TH STREET TO 63RD STREET 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 $450.00 and for each consecutive calendar day that the work remains incomplete after the above established final completion date the sum of $____. 0 Indian River County, Florida _ (OWNER) (Authorized Signature) Michael Hotchkiss, PE - Capital Projects Mena er (Printed Name & Title of Above Signer) NOTE: Attach this notice to your contract making it a part thereof. 00800-20 r)' -DMS N 0100$00 conV.4ons oCc FIELD ORDER PROJECT. 16" Reuse Water Main Extension FIELD ORDER NO. Alon.Lateral G Canal -AND- 16" DATE: Reuse Water- 57th ST to 53rd ST CONTRACT - OWNER: Indian River County ilities Dept_ OWNER'S PROJECT NO. UCP # 2630 --- 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: BY: DATES: V VV;SM. doc CONTRACTOR. BY: DATE: 00800-21 WORK CHANGE DIRECTIVE DATE: No PROJECT: 16" Reuse Water Main Extension Along Lateral G Canal -AND-_16" Reuse Water - 57th Street to 53rd Street OWNER: Indian River Countv Utilities 1801 27"' Street, Vero Beach, FL 32960_ (Name, Address) CONTRACTOR: OWNER's Project No.: UCP # 2830 ENGINEER: _Masteller & Moler, Inc. CONTRACT FOR: ENGINEER's Project No. 0627 _ You are directed to proceed with the following change(s): Description: ---- Purpose of Work Directive Change: Attachment(s) (fist 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 [ J Contractor's records [ ] unit Prices j J Cost plus fixed fee Estimated increase (decrease) in Contract Price $_ _ _ _ . If the change involves an increase, the estimated amount is not to be exceeded without further authorization. [ ] Engineer's records [ J Other Estimated increase (decrease) in Contract Time _ days. If the change involves an increase, the estimated time is not to be exceed without further authorization Once the Work covered by the directive is completed or final cost and time determined, Contractor should submit documentation for inclusion in a change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIME. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. RECOMMENDED: By Engineer Date: D \DiYrS;QN r L9800 supplo°'enet:,tard Cnn(JA o"s 1c,c APPROVED By: Owner Date: 00800-22 WORK CHANGE DIRECTIVE= INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor. Engineer completes the following. METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimates time is reached. If Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation Paragraph. 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined. Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE T PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER. IF ANY, SHOULD BE CONSIDERED PROMPTLY. 00800.23 0 "Div s;QN, U oc-& % Sopp*rrentary CQnd4tions dot CHANGE ORDER No. PROJECT 16" Reuse Water Main Extension Along Lateral G Canal—AND- 16�Reuse Water- 57th Striaet to 63rd Street DATE OF ISSUANCE EFFECTIVE DATE OWNER - _-- Indian River Countv O`dVNER's Contract No._ UCP # 2830 � MSM Project No. 0627 CONTRACTOR _ ENGINEER Masteller A Moler, Inc. You are directed to make the following changes in the Contract Documents: Description Reason for charge order: Attarhmc nt- 11 i. -,t rinriimantc ciinnridinn r hnnng%l CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times $ —_ Substantial Completion — Ready for final payment: _ Days or dates Net changes from previous Change Orders Nei change from previous Change Orders No.— to No.— No. —to $ davs 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 Contract Price with all approved Change Contract Time with all approved Change Orders Orders $ Substantial Completion: _ Ready for final payment: Days or dates , KtUUPAML-NUtU. AtJVKUVtU: ACCEPTED: By: By. - By:.___ --__.— Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: Date: Date. EJCDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 00600-24 D A)POSION 0',0,08,^D Cuntshors �:c CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Brice or Contract Times. Changes that have been initiated by a fork 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 appy{. 0-0800-25 f) F[NV1 QN 000840' upp!ew ntdry f wo,z:ons dx APPLICATION FOR PAYMENT' N0, to Indian River County— __ (OWNER) From: Contract (CONTRACTOR) Project: J'Water Main Extension Along Lateral G Canal --AND-- 1l3" Reuse Water -_577th ST to 53rd ST OWNER's Contract No. UCP # 21330 ENGINEER's Project No ._U627 For Work accomplished through the date of. 1 Original Contract Price: 2 Not 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). 70 of completed Work $ of stored material: $ Total Retainage: 5 Total completed and stored to date less retainage (4 minus 5) 7 Less previous Application for Payments: 8. DUE THIS APPLICATION (G 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 iisted on this Application for Payment have been used in the construction of this Work and payment received from the last progress payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below. " Dated State of By: _ — -- County - Subscribed and sworn to before me this day of - ----- - - Notary Public My Commission expires: Payment of the above AMOUNT DUE THIS APPLICATION is recommended Dated CONTRACTOR _._ M.ASTELLE_R & MOLER. INC ENGINEER By------------___-. _. -- - _ FXDC No C -700-E (2002 Edition) Re, aged Dy re F ng flee, & to -n1 Co www O(xL reeds co mcuttee and tfrdasPd t•+ Tree AsI,ocwen G: -neral Ccntiactys p' A.neeie•aa and leCass^.rut€-c:n Sca+cat�n Instdote 00800.20 U .rJ VISION M0600 aail{•In_rnent3ry CJ)f1J4.ece:5 dile 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. Mote 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. Ro€er to Article 14 of the General Conditions for r ­visions concerning payments to Contractor. B. COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2.05.B.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 frorn 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. 00800-28 D d)1V!SiU!i 0000,00 Svppienier!;)ry f-oriltons doc CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT 16" Reuse Lateral G Canal -AND- 16" Reuse Water - 57th Street to 53rd Street DATE OF ISSUANCE OWNER -__ Indian River -COu y Board of CpuDty Go�mniissioners OWNER's Contract No. UCP #_2630 M&M Project No. 0627 lle CONTRACTOR _ _ ENGINEER _Master �� Moler Inc This Cortificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: Indian River County OWNER And To CONTRACTOR - y The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that ',!Mork is hereby declared to be substantially complete in accordance with the contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTP.AC7OR 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. 00600-29 I Llllv'i4if-IN ,ISS S FialG nt':9aFrf;;F 7t;,frbciC�t From the date of Substantial Completion, the responsibilities between OWNER aria CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: RESPONSIBILITIES- ESPONSIBILITIES- OWNER.- OWNER: CONTRACTOR- CONTRACTOR- The The following documents are attached to and made a part of this Certificate (For items to he attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Uacuments.) This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on By: ENGINEER (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR LM 20 OWNER accepts this Certificate of Substantial Completion on i 20 By (Authorized Signature) 00600-30 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 frot1, all claims and all liability to the CONTP.ACTOR other than claims in stated arnounts 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) dol ars ($ paid to (MelUs) by receipt of which is hereby acknowledged, do hereby release and quit claire to the OWNER, its successors (IAIVe) 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 R_— LIQP # 2530 16" Reuse Water Main Extension along Lateral G Canal -AND- 16" Reuse Water - 57`' Street to 53" Street --' 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 (SEAL) By WITNESS: Title 00800-31 G'VIVI$10N 00uto') DUTIES. RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF PROJECT REPRESENTATIVE GENERAL. 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 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, DUTIES AND RESPONSIBILITIES Project Representative will: i. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2 Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings. and maintain and circulate copies of minutes thereof. 3. Liaison.- 4. iaison: 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. Review of Work; RejecVon 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 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 merit 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 er should be uncovered for observation, or requires special testing. inspection or approval 0'01800-32 117) T bISION (N)0600 Si pplergr:ary 4ontjr_on5 a,}F 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. d. Interpretation of Contract Documents: Transmit to CONTRACTOR engineer's clarifications and interpretations of the Contract Documents. g, Modifications: Consider and Evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 10. Records: Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all Addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Contract. ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions. data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as the case of observing test procedures. Send copies to ENGINEER. c. Record names, addresses and telephone numbers of all contractors, Subcontractors and major suppliers of materials and equipment. 11. Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and C,0�n-onrTOR'o f licence with the approved progress schedule and .,.,�. , �I -,v v cvrii , ..a..�. �. 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 Word; verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work 00800-33 t) Uvisiotj (; O"+lcon$ noc 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, Project Representative �. 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 riot 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. S. 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' 00&40- 341 i3',�IV �'CrJ 0'60800 S: ppyf-,(!ntaq C0-01't�01)s �40e SECTION 00860 DRAWINGS INDEX 16" REUSERATER MAIN EXTENSION ALONG LATERAL `G' CANAL 1 TITLE SHEET Kat KEY MAP SHEET RU -1 PLAN & PROFILE — STA. 0+00 TO STA. 13400 RU -2 PLAN & PROFILE — STA. 13+00 TO STA. 28+00 RU -3 PLAN & PROFILE — STA. 28+00 TO STA. 43+00 RU -4 PLAN & PROFILE — STA. 43+00 TO STA 58+00 RU -5 PLAN & PROFILE — STA. 58+00 TO STA. 73+00 RU -6 PLAN & PROFILE — STA. 73+00 TO STA. 88+00 RU -7 PLAN & PROFILE STA. 88+00 TO STA. 103+00 RU -8 PLAN & PROFILE — STA. 103+00 TO STA. 118+00 RU -9 PLAN & PROFILE — STA. 118+00 TO STA. 133+00 RU -10 PLAN & PROFILE — STA. 133+00 TO STA. 147+00 RU -11 PLAN & PROFILE — STA. 147+00 TO W.W.T.P. RU -12 I-ATERAL 'G-1' CROSSING RE=LOCATION PLAN D-1 CONSTRUCTION NOTES D-2 DETAIL SHEET 16" REUSE WATER MAIN — 57T" STREET TO 53RD STREET 1 TITLE SHEET K-1 SHEET INDEX KEY MAP RU -1 16" REUSE MAIN PLAN & PROFILE. (STA 0+00 TO STA. 10+00) RU -2 16" REUSE MAIN PLAN & PROFILE (STA. 14+00 TO END) D-1 GENERAL CONSTRUCTION NOTES & SYMBOL LEGEND D-2 MISCELLANEOUS CONSTRUCTION DETAILS 'END OF SECTION' 00850.1 V IXVISNOIJ,,000t , WaA,nq icklex dor AuorNUUM #1 Paco 1 INDIAN RIVER COUNTY PROJECT UCP # 2830 BID NUMBER: 2009046 g 6" REUSE WATER MAIN EXTENsiON ALONG LATERAL G CANAL —AND - 16" REUSE WATER MAIN 67' STREET TO 63" STREET AQDENDU##'i DATE: July 6, 2009 FROM: MASTELLER & MOL,ER, INC. TO: All Specification and Plan Holders This Addendum is issued in accordance with Section 100-1.45 of tine Speciffcations and the f=ollowing revisions and clarifications are hereby incorporated into the contract documents. Bid opening date and time has not changed. It is still Wednesday, July 15, 2009 at 2:00 p.m. Summary ofi Addendum fi'abie of Contents) • Pre -Bid Meeting Minutes • Summary of Changes to Specifications • Attachments: Revised Specification Sections— 00300; 00800; 01025; and 1391 v Revised Plan Sheets — 16" Re -Use Water Main Along Lateral 'G' Canal Sheet D-1 16" Reuse Water turn - 571x' Street to 53"d Street: Sheet D-1 00900-1 Y.Yrs lPr�att5c12Cbf kit ?1R�1P� G3IFp 4TiC�td Gai2lli6T7'pl� AWMW#1%AV EN f4#j_0 QjMdw Pago 2 raarrarrrsprrararrrrrrrrraraarpararaprraaraararaarrrrrrrparaaarrarprrrrrraaraaararra� **rHEF®LLQINPNG CHANGES HAvVEBEEN mAU,E T® rHE SPECIFrcATIoNS, ** 1. SECTION 00300 BID FORM -- Page 00300-5 "Grassing (Seed / Mulch)" has been added as bid item 18. Total items are now 21. 2. SECTION 00800 -- SUPPLEMENTARY CONDITIONS has been revised as follows: Wage 00800-12 - ARTICLE 14 - PAYMENTS TO CONTRACTORS AND COMPLETION - The following has been added. "8C -14.02A.1 De/ete the second sontence of paragraph 14.02A.1 of the General Conditions in its entirety." Pages 00800-12 and -13 - - ARTICLE 14 -- PAYMENTS TO CONTRACTORS ARID COMPLETION -- The following has been removed. SGS Adder neki- paragraph-Add-a-neav--pat h-4mmedWely-after-{aaragraptv44.02A-3-of--the General-Gond4ioE�which-i&4o-read-as400ldlews: 4.-Gentrastor--6halt--fursin4i-satisffact©ry preW4o-Oml,—, and--&igineer-that+ayrr+ent-received from -Owner- o-matedats-and-equipmen€--Ret-4nc-wWated4nto4he-Va/ert� and-siMably-std has in fact-been-paid-to4ho-respestive-supplleF"tla ntrasia964ece'sPt-of payment- rorA-Owner- ilt re-leer®vide -st h- evidBF#oe-9f pa}4r�e€�t--shall-rem a�,t-i ;-the withdrawal -of -pre ous-approval{s}and-ternaval-ef-the-Go -af-relate,d-material&-and-eguipns-At from-the-ne>d-submitted-AppliGatian--for-Payment; and-shall-b"eemed-a-default--under-the Gontraot- Page 00800-26 - APPLICATION FOR PAYMENT NO._ ,- the following has been removed: —14 Page 00800-27 - APPLICATION AND CERTIFICATE FOR PAYMENT has been revised as follows: Column F - Materials Presently Stored (Not in D or E) has been removed. `Grassing (Seed 1 Mulch)" has been added as a line iter;. Page 00800-28 - APPLICATION FOR PAYMENT INs'TRUCTIONS (B. COMPLETING THE FORM) the following has been removed: Delete the second sentence of the first paragraph in its entirety (Note-that4he-rost-of4rnaterials and•equipment *-GR n fisted separately-#rGwkbe-c�t-of in6tallation:] Page 00800-33 - DUTIES. RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF PROJECT REPRESENTATIVE - 2.12 -the following has been revised: Payment Requisitions: Review applications ... and-mater4end-equipmem-de6-ere"t4he-sits tut-not4nc,wporafed--in4he Wotk 3. SECTION 01026 MEASUREMENT AND PAYMENT - Page 01025-1 - 1.02 EQUIPMENT AND MATERIALS Its STORAGE has been revised to 'Not Applicable`. 00000-2 Y: Y'+4j sAi 'daTTvnLA6A` SFfC166 ATT N-Com'ww0627 &4?70R ' !?�?Ed�C?t�AA ivSt7�?CP�fT�1 fti_ii9d?Xoi AtMENDUM0 Page 3 4. SECTION 01381 AUDIO-VISUAL DOCUMENTATION has been revised as follows: Page 01381-1 -1.01 SCOPE OF WORK Last Paragraph Deleted - "The-preconstrustion-swale-elevations-shail-tie-recorded--at-400' intewals:" Page 01381-2 -- 2.04 TAPES has been revised as follows: 2A TAP -E --S A��is-video-si�li-be-+yew--Reprose&sed-tapes-wiN-not-be-a�eptabie--��tae-tape r�haltl�-ane- hatf--lxnchh; high-e���t�nded-stili-#re�pak�-v�eosasseiie; st�ail-�-+nterngeable with-t#�e--�le�i�#eosassette6piaye�snd--c�t�°�9i--r�mf:;,tit�le�a:--piayt�asi�-with--i-pia�r- rv�e;��r. 2.04 MEDIA Audio -video media shall be Digital Video Disc (DVD). Pages 01381-1 and 01381-2 - All references made to "tape" or "videotape" has been revised to "video". aarraarrrraarrrage arrrHad moss rarrrrrrrrrnotes rraarrrrraraawas rrrrrman arrarraraarrara, * *THE FOL LOWrNG L'ftANGES HA VE BEEN MADE TO THE PL 4NS. ** 1. 16" Re -Use Water Main Along Lateral 'G' Canal: Sheet D-1 -- UTILITIES NOTES -This sheet has been revised to clarify pipe material requirements. 2. 16" Reuse Water Main - 671h Street to 63rd Street: Sheet D-1 - UTILITIES NOTES - This sheet has been revised to clarify pipe material requirements. toomm Newsom Damon *11sisons east was at PzE4 ErNDrca rER'EcErP of mrs No7:iC'E sy comPLErrNe wr vorrom pomm of mis ftnc "°You Are Required To Include An Executed Copyy f This Notice With Your Submitted Bid.** ADDENDUM #1 received and considered by: Tri. -Sure Corporation Dame of Bidder (Please Print) Jason i Of E r: Representative (Please Print) President 7/20/04 of Bidder's Representative & Tale Date K10j,QW, .1€a�rvli'rS+ t�il?SKr i2T1AS t wtF[C +R�KAhi -CarA nt0(627&@}i74VXWtMfUM*11W)7EtMi2R.MN1K0�07Qh0o MAS'I"I+'U,Ell & 1l O L ER, INC. CIVIL ENGINkEf S a ADDENDUM #2 DATE: July 6, 2009 FROM: MASTELLER & NEOLER, INC. TO: All Plan and Specification Holders SUBJECT: IND!A N RIVER COUNTY PROJECT UCP#2I130 BID NUMBER: 2009046 1611 REUSE WATER MAIN EXTENSION ALONG LATERAL Ci CANAL —AND - 16" REUSE WATER WAIN — 57" STREET TO 53"D STREL-r This is to notify all parties holding plans and specifications of the following: This Addendum #2 is issued in accordance with Section 100-1.05 of the Specifications. Plans and Specifications have been prepared and are being sent to all respective bidders via certified snail, FedEx (by receiver's choice and expense), or pick-up with signature. You should receive a total of two (2) 8'/° x 11° pages Including this transmittal letter. Please contact us right away if all pages are not received or not leg;ble fora Lawson. Please note that the bid date has changed. Bid opening is Monday, July 20, 2009 at 2:00.P.M. YOU ARE REQUIRED TO INCLUDE AN EXECUTED COPY OF THIS N0110E WITH YOUR SUBMITTED BID Respectfully, MASTELLER & MOILER, INC. eo el�, PE yProjecngineer JM(Vcab .teary Davis Fite SM27 (Addendum 02_Letiaa_099 9703.doc) 1655 27"' Std Suite 2. Vm DeaO, 3i"W 329W Witte: QZ2) 567-5300 rwe (7-x'2) ?"4106 �r�?dt: ma�5txaralnita�latht INDIAN RIVED COUNTY PROJECT UCP # 2030 SID NUMBER: 2009046 16" REUSE WATER MAIN EXTENSION ALONG LATERAL Cs CANAL —AND - 16S' REUSE WATER MAIN — 57'" STREET!' TO 63an STREET ADDENDUM #2 DATE: July 0, 2009 FROM: MASTELLER & MOLER, INC, TO: All Specification and Plan Molders This Addendum is issued in accordance with Section 100-1.05 of 1110 Specifications and the following revisions and clarifications are hereby incorporated into the contact documents. Bid opening date has changed. It is Monday, July 20, 2009 at 2:00 p.m. •■r®•■■se■rreirararrnQreesr�aesrr•rr■a�■■s■s■rroe■■■■■r■■■ar■■■■■■■■■■e■■■wm4■ w a■rt PLE4-vErtvDrc.ArEREcFrprvFrursNo=EBYC0MP4FnN ruE sorromPoRTzoNofmrs Nuri "You Are Required To Include An Execrited Cts Of This Notice §i6fith Your Submitted Bid.** ADDENDUM #2 received and considered by: Tri --Sure Corporation Name of Bidder ({Tease Print) Jason lame of erS Representative (Please Print) or Bidders Representative & President 7/20/09 01381.1 Date SECTION 00801 APPROVED PERMITS 16" Rouse Water Main Extension Along Lateral G Canal ;?ate Permit & Description_�---- 2-13 Indian River County ROW UTILITIES Permit # 2008070104 Lateral G Canal ROW from Hobart RD to Storm Grove RD (570, 651h, 59'", and 77"' Streets Rights-of-way) 14-16 Indian River Farms Water Control District Permit # U-08-20 Gane/ G Right -of --way Grossing -AND- 16" Reuse Water- 57th Street to 53rd Street Page Permit & Description _ _- 17-19 Indian River Farms Water Control District Permit # U-08-32 Nath Relief Canal Crossing 20-22 Indian River Farms Water Control District Permit # U-08-33 Canal G -t Crossing 23-29 Indian River County ROW UTILITIES Permit # 2008110260 Lateral G Canal from 53rd Street through the IRG RIB Site Remainder of this page inter►tionelly left blank 00901-1 1t't;t1'i:;i{ ft ,r,U,011 AprrVrH0 Perrr:,iz ul}ti 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 01361 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 01710 Cleaning 01720 Project Record Documents 01721 As -Built Survey 01740 Warranties and Bonds SECTION 01010 SUMMARY OF WORK PART 1 —GENERAL 1.01 LOCATION OF WORK A. The Work of this Contact is located along the Lateral G Canal from 57"" Street to 77'" Street AND 571" Street to 53r' Street begins within a 30' easement located in Waterway Village, as shown on the Construction Drawings. 1.02 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals required to construct the 16" reuse main as shown on the Drawings and specified he. ;in 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 necessarily limited to the following: a< 16" REUSE WATER MAIN EXTENSION ALONG LATERAL G CANAL Indian River County (IRC) proposes to construct a 16" reuse main and abandon an existing 8" sewer force main within the Indian River Farms Water Control District Lateral "G" Canal right-of-way from 57th Street (Storm Grove Road) to 77"" Street (Hobart Road), a distance of approximately 15,200 LF. The proposed 16" reuse main will be constructed along the alignment of the existing 8" sewer force main for approximately 8,525 LF of the project. It is the intent of lRC that the 16" reuse main be constructed in the trench of the removed 8" sewer force main, and that the removallconstruction take place simultaneously for this portion of the project. The remaining 6,675 LF of the project will be constructed at a different route from the existing 8" force main It is the intent of Indian River County that the existing 8" force main will be capped and abandoned in place per IRCUD and FDEP requirements. b. 16" REUSE WATER MAIN - 57"' STREET TO 53HD STREET Indian River County proposes to construct a 16" reuse main starting at 53" Street heading north within a 30' utility easement located in the Waterway Village site, crossing the North Relief Canal and then paralleling the west properly line of the Indian River County RIB site, then crossing the Indian River Farms Water Control District Canal G-1, and ending at 571" Street (Storm Grove Road) The project includes apprux;mately 1,910 LF of proposed 16" reuse main to connecting to the existing lines on 53"' Street and 57" Street The projects consist of, but is not limited to: utilities exploration, coordination with permitting agencies: trenching, dewatering, removal and grouting of existing pipe, installation of pipe with fittings and all appurtenances; valves, wet taps, pipe joint restrainers, air release valves, and directional bores; soil compaction, testing, restoration of both paved and non -paved areas, and traffic control. 010101 C? IC' 4VJriCt� ; eilQI;,I IyC f VOM 'I 0C A copy of said Contract is incorporated herein by refere,lce and is made a part hereof as if fully copied within. 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 rninimize 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 closures or woi 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. Perforin 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. S. Coordinate use of premises with OWNER and ENGINEER - C. CONTRACTOR shall assume full responsibility for security of all his and his sub- CONTRACTOR's materials and equipment stored on the site. O. 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. F. The CONTRACTOR shall be responsible for obtaining temporary sanitary facOies during construction and all associated costs. PART 2- PRODUCT' mot usecif 01010: 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 i-dicated. If reconstruction beyond the scope indicated is required. the CONTRACT OR 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 closed or obstructed without permission from the OWNER. Alternate 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 cleaned 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 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 SECTION 01025 MEASUREMENT AND PAYMENT GENERAL 1.01 GENERAL The unit price bid for furnishing and installation/construction of mains shall include, but is not limited to, compliance with Contract Requirements (Division 0) & General Requirements (Division 1), utilities exploration, coordination with any permitting agencies, audio visual documentation, trenching, removing, disposing of and replacing unsuitable (i.e., plastic or organic) material, dewatering, installation of pipe and all appurtenances, trace wires, sleeves, restrainers, filling trench, soil compaction, disinfection, flushing, testing, irrigation repair, removal, disposition and replacement of surface over trench to pre -construction conditions, restoration of any pavement or sid—valk darnaged or destroyed, traffic maintenance/control, demobilization, Trench Safety Act Compliance, Payment Bond and Performance Bond, and construction staking, All materials and installation shall be per FDOT and Indian River County Utility Standards and Specifications as applicable unless otherwise noted in the bid documents. Contractor will be provided with a copy of construction plans in AutoCAD format. which includes location reference to State Plane Coordinates to use in Project Record Documents. 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 Reuse Main Adjustments: Measurement of reuse main adjustments shall be computed as a lump sum item and shalt include the furnishing and installation of all mains. fittings, restraints, testing, and restoration. B. Existing Reuse Main Adjustment "Cut & Remove": Measurement of the physical removal of existing reuse main shall be computed as a lump sum item and shall include all work described under Section 02030, C Mains (i.e. Pipe): Measurement of mains (or ,pipe) shall be computed using linear feet (t -I-), as measured along the centerline of the pipe installed (except when included in lump sum bid items -d i.e. Aerial crossing). No deduction will be made for the length of valves and fittings installed in the line. Where the measurement terminates at a valve, bend, tee, or other fitting, the centerline of the valve or fitting shall be the point of termination. The unit price bid for furnishing and installation/construction of reuse mains shall include, but is not limited to, utilities exploration, coordination with any permitting agencies, clearing, trenching, removing, disposing of and replacing unsuitable (i.e., plastic or organic) material, excavation, dewatering, installation of pipe and all appurtenances, trace wires, sleeves, encasement material, restrainers, all mechanical joint fittings and thrust blocks, all required erosion control, filling trench, soil compaction, backfill, grading, disinfection, flushing, testing, irrigation repair. removal, disposition and replacement of surface over trench to pre-corstruction conditions, restoration of any sidewalk damaged or destroyed. traffic maintenance/control demobilization, 'Drench Safety Act Compliance, Payment Bond and Perfo mance Bond 01025 1 i> Vv;5%(-AA '%`),Wto Vita..'we-r,rrt pad pd r vni doE and construction staking. 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 AutoCAD format, which includes location reference to State Plane Coordinates to use in preparing Record Drawings. D. HDPE 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 surface 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, furnishing and installation of the HDPE pipe. Payments shall be based on a linear foot price for the directional bore length measured as specified above. E. 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, includiii., valve boxes, rovers, and other associated items. F. Existing Sewer Force Main Improvements "In Place" Abandonment. Measurement of the "In Place" abandonment of existing wastewater main improvements shall be computed using the diameter and lineal feet (LF) as measured along the centerline of the pipe abandoned and shall include all work described under Section 02629. G. Existing Sewer Force Main Improvements "Removal" Abandonment: Measurement of the physical removal of existing wastewater main shall be computed using the diameter and lineal feet (LF) as measured along the centerline of the pipe abandoned and shall include all work described under Section 02629. H. Debris Removal: Measurement of hurricane debris removed from the pipe route shall be computed as a lump-sum item and shall include all work described under Section 2116. Note: Owner reserves the right ro delete this item from the contract. I. Pavement, Sidewalk, Cart Path, and Driveway Replacement: Measurement shall be computed using square yards (SY) and shall include concrete sidewalk and/or driveway removed and replaced as a result of Contractor's operations and all asphalt re-surfacing as a result of construction 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, tack coat, surface course and pavement markings or other work or materials required in connection with concrete construction. J. Non-Paved 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 feet, as measured along the centerline of the pipe installed. K. Grassing (Sod and Seed): Measurement of grassing (Sod or Seed) shall be computed by 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, sod or seed. fertilizer, mulch, and irrigation. L. Project Record Documents: Measurement of project record documents shall be computed as a lump sum item, for the preparation of all required record documents as specified in Section 01720 Record Documents to include but not limited to: "As -built Drawings", field survey, drawing preparation in "AutoCAD" format, with ties to state 01025-2 DIDIVISION 1\01025 Measurement and Payment.doc plane coordinates, provided certified by a licensed and registered land surveyor, all in accordance with IRCUDS water and wastewater utility standards. M. 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. N. Contingencies: This item shall be bid in an amount equal to 10% of the sum of all items bid including mobilization. The amount bid for contingencies shall only be paid for in the event change orders are needed and approved by Indian River County for unforeseen work in conformance with this contract. The amounts to be paid for by Owner under contingencies shall not exceed the value of the approved change orders. 1.04 PAYMENT Payment will be made at the respective contract unit and/or iump 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 shat! 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. 1.06 MISCELLANEOUS WORK Cost for any work required for the completion of construction listed in the Contract Documents or on the Construction Plans and not specifically identified in any particular pay item will be included in the price bid for "Mains." `END OF SECTION' 01025-3 D \DIVISION 1101025 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: I . Who is authorized to accept changes in the Work, 2. Who is responsible for informing others in the Contractors 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 cn 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. 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 D \DIVISION 1\01035 Change 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, wiih 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 surn 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 D \DIVISION 1\01035 Change Order Procedures doc D. Document requests for substitutions for Products as specified in Section 01630. 8.07 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 LAMP 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. 01035-3 0 WIVISION 1101035 Change Order Proceaures.doc 2. At completion of the change, Engineer will determine the cost of such work based on the unit prices and quantities used. a. Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time. 3. Engineer will sign and date a second Change Order to establish the change in Contract Sum and in Contract Time. 4. Owner and Contractor will sign and date the second Change Order to indicate their agreement with the terms therein. 1.10 TIME AND MATERIAL / FORCE ACCOUNT CHANGE ORDER / CONSTRUCTION AUTHORIZATION A. Engineer and Owner will issue a Work Direc,t /e 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 V!lork, 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 D'UVISION 1101035 Change Order Procedures.doc SECTION 01050 FIELD ENGINEERING PART 1_-- . GENERAL 1.01 SCOPE OF WORK A. Provide and pay for `yield 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 corner 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 the NGVD 1929 datum. These drawings shall be included with, and made a part of, the project record documents - 01050 -1 OADIVISION 1101050 Field Engineering.doc 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 corners, 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. S. 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 D \DIVISION 1101050 Field 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 door 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. 8. 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 D:\DIVISION 1\01050 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. E3. 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 in Section 0700 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 D.UVISION 1\01052 Applications for Payment doc 1.06 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner or the Engineer requires substantiating data, Contractor shall submit suitable information, with a cover letter identifying: 1. Project 2. Application number and date 3. Detailed list of enclosures 4. For stored products: a. Item number and identification b. Description of specific material B. Submit one copy of data and cover letter for each copy of application. 1.06 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Application for payment is required for progress payments B. Only one application will be acceptable in any one month 1.07 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Engineer at the time stipulated in the Agreement B. Number: 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 D:\DIVISION 1 \01 052 Applications for Payment.doc SECTION 01060 REGULATORY REQUIREMENTS AND NOTIFICATION PART 1 --GENERAL 1.01 PERMITS REQUIRED A. Indian River County Utility Right -of -Way. B. Indian River Farms Water Control District (iRFWCD) Utility Crossings C. 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 additional permits that may be necessary to comp ate the Work. 9.02 NOTIFICATION A. Indian River County. The Contractor is required to notify the Indian River County Utilities Department 48 hours prior to initiating construction (Larry Brown, 772-226- 1827). The Contractor is required to notify the Indian River County Road and Bridge Department 7^4 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 Call (1-800-432- 4770). A list of contacts can be obtained by contacting Larry Brown, 772-226-1827- 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 proceoure due to removal of any such remains or artifacts. PART 2 — PRODUCTS NOT APPLICABLE PANT 8 — EXECUTION NOT APPLICABLE "END OF SECTION" 01060-1 D:TIVISION tt01060 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 it 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 ADC Air Diffusion council 435 North Michigan Avenue Chicago, IL 60611 Al Asphalt institute Asphalt Institute Building College Park, MD 20740 01090-1 D DIVISION 1101090 Reference Standards doc AISC American Institute of Steel Construction 1221 Avenue of the Americas New York, NY 10020 AISI American Iron and Steel Institute 1000 16"' Street, NW Washington, D.C., 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights, iL 60004 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 ARI Air Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington, VA 22209 ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 345 East 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 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 7"' Street Miami, FL 33125 01090-2 D:\DIVISION 1%01090 Reference Standards.doc AWWA American Water Works Association 6666 W. Quincy Avenue Denver, CO 80235 CDA Copper Development Association 57' 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 !11 -el Institute 180 North LaSalle Street, Suite 2110 Chicago, IL 60601 FDOT Florida Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32301 FM Factory Mutual System 1151 Boston -Providence Turnpike Norwood, MA 02062 FS Federal Specifications General Services Administration Specifications and Information Distribution Section (WFSIS) Washington Navy Yard, Bldg 197 Washington, D.C. 20407 GA Gypsum Association 1603 Orrington Avenue Evanston, IL 60201 MFMA Maple Flooring Manufacturers Association 2400 East Devon, Suite 205 Des Plaines, IL 60018 MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 MLSFA Metal Lath / Steel Framing Association 221 North LaSalle Street Chicago, IL 60601 NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL 60601 01090-3 D DIVISION 101090 Reference Standards.doc 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, . XV Washington, D.C. 20036 NOFMA National Oak Flooring Manufacturers Association 804 Sterick Building Memphis, T -N 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 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 20076 PCI Prestressed Concrete Institute 20 North Wacker Drive Chicago, IL 60606 PS Product Standard U.S. Department of Commerce Washington, D.C. 202.03 RCSHSB Red Cedar Shingle and Handsplit Shake Bureau 515 116" Avenue Bellevue, WA 98004 SDI Steel Deck Institute Box 3812 St. Louis, MO 63122 01090-4 D:\DIVISION 1 W-1090 Reference Standards doc 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 23220 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 Tile Council of America, Inc. Box 326 Princeton, NJ 08540 UL Underwriters Laboratories, Inc. 333 Pfingston Road Northbrook. IL 60062 PART 2 -- PRODUCTS (trot al2plicable) PART 3 — EXECUTION (not 2pe icable) 'END OF SECTION' 01090-5 D DIVISION t \01090 Reference 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 ager .s 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. 13. 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, furnish two copies of the approved Drawing to the Engineer. 1.02 APPLICABLE REGULATIONS 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 01110-1 D \DIVISION 1101110 Environmental Protection Procedures.doc writing, through the Engineer, of any non-compliance with State or Local requirements. After receipt of such notice from the E=ngineer or from the regulatory 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 flails 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 fnot ysed! FART 3 - EXECUTION 3.01 EROSIONS 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 or filter before being directed into streams or surface waters. 01110-2 D:\DIVISION 1\01110 Environmental Protection Procedures.doc 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. 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 C12 residue of 2 mg/1 or greater shall be treated with a dechlorination solution, in a method approved by the Engineer, prior to discharge. 3.03 PROTECTION OF I -AND 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 therri. Monuments and markers shall be protected similarly. D. Any trees or other landscape features scarred or damaged by the Contractor's equipment or operations shat; 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 clearing limits, that are subsequently damaged by the Contractor and are beyond saving in the opinion of the Engineer, shall be immediately removed and replaced. 01110-3 D.IDIVISION IM1110 Environmental Protection Procedures doc 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 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, excavationE, 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 wil! 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 burning 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. 01110-4 D DIVISION 1\01110 Environmental Protection Procedures.doc 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 D. Sprinkling, to he 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 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 D (DIVISION 1\01110 Environmental Protection Procedures doc SECTION 01200 PROJECT MEETINGS PART1 — 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 3. Others as appropriate. 01200-1 DADIVISION 1\01200 Project 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 prcgress 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. 01200-2 D DIVISION 1101200 Project Meetings.doc 7. Revisions to Construction Schedule. 8. Progress, schedule, during succeeding work period. 9. Coordination of schedules. 10, Review submittal schedules, expedite as required. 11. Maintenance of quality standards. 12. Pending changes and substitutions. 13. Review proposed changes for.- a. or: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. S. 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 use PART 3 - EXECUTION (not cLsedl *END OF SECTION* 01200-3 D:IDIVISIQN 1101200 Project Meetings doe 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, Construction Photographs, 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 return (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. 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. 01300-1 DADIViSION 1'\01300 Submitlals.doc 5. Submittals for equipment specified under Divisions 11 and 13 shall include a listing of all installations where identical or similar equipment has been installed and been in operation for a period of at least one year. B. Product Data Product data as specified in individual Sections include, standard prepared data for manufactured products (sornetimes referred to as catalog data), such as the manufacturer's product specification and installation instructions, availability of colors and patterns, 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, a,, applicable to the work. C. Samples 1. Samples specified in individuai Sections include, 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/pattern 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 iteral 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 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. 01300-2 DADIVISION 1101300 Submittals doc 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. 1.02 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 (5) copies. 2. Product Data: Three (3) 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, clearly 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. 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. Calculations and/or designs (i.e. electrical, structural, etc.) requiring the signature and seal of a Professional Engineer shall be accompanied by the P.E. Certification Form at the end of this Section 01300-3 D DIVISION 1101300 Submittals doc 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 c 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. 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. 01300-4 DIDIVISION 1101300 Subind'als.doc 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 clearly 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 returned 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. 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. 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. 01300-5 D \DIVISION 1\01300 Submitlals 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 in accordance with Section (Name of Con(ractor) (insert P.E. Responsibilities) (Name of Project) to design for the The undersigned further certifies that lie/she has performed the design of the , that said design is in conforlYtance (Name of Project Elemeni) 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 Signature Contractor's Name Signature Address Title Address END OF SECTION 01300-6 D UVIS1014 1`01300 Submittals doc SECTION 01311 CONSTRUCTION SCHEDULES PART 9 —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 — Section 00700: 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 included 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. Maximum 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 b. Utility Construction c. Restoration 01311-1 DADIVISION 1101311 Construction Scnedules.doc 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 . o-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 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 01311-2 D1DIVISION 1101311 Construction Schedules.doc 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 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, tha 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. 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 furnish 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 +1311-3 D \DIVISION 1101311 Construction Schedures.doc 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 shat; zvise 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. 3.03 COORDINATING SCHEDULES WITH OTHER CONTRACT SCHEDULES N. 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* 01311-4 D.0IVISION 1101311 Construction Schedules.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 D'\DIVISION 1101381 Audio 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 45d13, 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 controlled 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 include, 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 U01VISION 1 \01 381 Audio Oocumentation.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. Payment for all testing will be included in the cost o"tie mains. 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 Pressure Mains is included in Section 02320 2. Testing and Inspection of Reuse 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. 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: 01410-1 D 1GIVISION 1NO1410lesting Laboratory Services.doc 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 specified standards 2. Ascertain compliance of materials with requirements of Contract Documents. C. Promptly notify Engineer and Contractor of observnd 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 tirne 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 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. 01410-2 D'OMSION 1101410 Testing Laborato.y Sery ces.doc 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, anti no oxtra charge to the Owner shall be allowed on account of such testing and certification. F. Furnish incidental labor and facilities: 1. To provide access to work to be tested 2. To obtain and handle samples at tho project site or at M& sourc6 of tiio product to be tested 3. TA 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 thozo costs will not be reimbursable to the Contractor. PART 2 — PRODUCTS NOT APPLICABLE PART 3 -- EXECUTION NOT APPLICABLE 'END OF SECTION` 01410-3 D.IDIVISION 1\01410 resting 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 clean all new pipelines installed under this Contract as specified herein, including chlorination of all potable water lines, if applicable. 1.02 RELATED WORK A. Reuse & Wastewater Force Main Polyvinyl Chloride (PVC) Pipe & Fittings is included in Section 02624. B. Water, Reuse & Wastewater Force Mains High Density Polyethylene (HDPE) Pipe is included in Section 02627. PART 2 — PRODUCTS NOT APPLICABLE PART 3 — EXECUTION A. Furnish all necessary equipment and labor for cleaning, testing, and chlorinating (if applicable) the pipelines. The procedures and methods shall be approved by the Engineer. B. Make any taps and furnish all necessary caps, plugs, etc, as required in conjunction with testing pipelines. Furnish 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 clean all new pipelines by flushing with water or other means to remove all dirt, stones, pieces of wood or other material which may have entered during the construction period. 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 (2) 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 remain open during this test. The 01445-1 D %DIVISION 11.01445 Pipeline Testing and Cleaning.doc amount of leakage which will be permitted shall be in accordance with AWWA C600 Testing and Inspection of reuse main is included in Section 02660. 3.04 CHLORINATION OF PIPELINES NIA NOT APPLICABLE FOR REUSE MAINS OR SEWAGE FORCE MAINS A gefer-e-tieing-ptaced-i0-6efvise, alt w potable wate�pe4Re&4i-RGluding-{dant-water-) shall echlorinated usoqgthe-GGR#RueLts feed --method- speG4ied-in-AWWA-Ct�-1: -T4;e preeedure shalFbe-appfeved-by-tfle-€ngineer-in advanGc B The locat4m-of theP-hlef44ati )P an"ampP-ng-points-will--be deteFm44edby the-€ngineer in the field-.Taps-fer-Ghterir ation and sampling shall -be mover -and -4J -the taps -as -required: G—�#te general precedufeef�liter+oailera shah be#irst taflush afl-ttiirty--or-discolored water frerrl-the4if,es-and4h&n introduce-Ghlerine if}--appreved dosages -through a -tap- at ane -end; white water i6 being withdrawn other "f-t-he4ine..-fie chlorine -solation -shall Fe, � nae^ ... the. -p Wine -for= -24 hours: D. aticn-period; aWtreated-water-shall-beffushed fromA--he-tinesaHbeir extfemitiea nd+eplaced-with potable water.-AiRreated-water-fltj,,ho-d from the lines -shall bedisposed✓sf�;� charging-to-the-nearest-sanitafjr-sewer-�#erapproved mea -R67 fit® dissharge-t ny storfe-seweF GF natural watercourse will-be-a4ew494.-Sacteriolegical safepI4ig-aw. J-analysi-s of -the -replacement --water may-then-be-oade-).ohe-Engineer-in full accorda+ase wit#--AWWA-G66�Rechieriaaie; if-necessary-andfhe lir�-not-bc1placed , -service until-t#e4-equirements of -the State 2ub4s Health-Departfeenkafe-met: F: —Special disif4fecting--precedures-s4Wkbe—.ed4p-GeRpectiens to-existing-pipekrtes-and where -the method outlined abave is-not-prasticat: "END OF SECTION' 01445-2 G.U]IVISION 1101445 r ipehne Testing and Cteaning.doc SECTION 01600 DELIVERY, STORAGE AND HANDLING FART 1 - GENERAL 1.01 SCOPE OF WORK A. This Section specifies the general requirements for the delivery handling,slordulo and protection for all items required in the construction of the work. Specllic requirements, if any, are specified with the related item. 1.0Z TRANSPORTATION AND DELIVERY A- Tran$p4rt 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 mord 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 furnished 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 gfanulilr materials on 3oli0 fl,3t surfAceS ir} a w-all-dMin-ad afpa_ Prevwtt mixing with foreign matter. *END OF SECTION* 01600-1 D'\DIVISION 1\01000 Delivery Storage and Handling.doc SECTION 01630 SUBSTITUTIONS AND PRODUCT OPTIONS PART 1 —GENERAL 1.01 REQUIREMENTS INCLUDED A Furnish and install products specified, under options and conditions for substitutions stated in this Section. It 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 iten, 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 raquire substantial revision to the Contract Documents. 1.02 RELATED WORK A. laid FOrrT► is included in Section 00300. 13, Change Order Procedures are included in Section 01035. C. Dolivery Storage and Handling is included in Section 01600 1.03 SUBMITTAL OF LIST OF PROPOSED SUBSTITUTIONS A, Didders shall submit their list of proposed substitutions and the proposed monetary changes associated therewith to the Owner on the standard form provided together with (heir bids. '11.04 CONTRACTOR'S OPTIONS A For Products specified only by reference standard, select product meeting that standard, by any manufacturer. L3. 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 e(Jual," submit a reilur:st as for substitutions, for any product or manufacturer which is not specifically named. 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 istsuance of Notice of Award, complete data as set forth herein to permit complete 01630-1 1) tUiVIS I NN 1',01t0fSubst tuluyi;::.,ru1 PrudWA 0 hens aoc analysis of aL 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, including manufacturer's name and address. b. manufacturer's literature; identify: 1) Product description. 2) Reference standards. 31 Performance and test data. 4) Operation and m aintenarice data. c. Samples, as applicable. d. Narne and address of similar projects on which product has been used, and date of each Installation. 2. Itemize,(] comparison of tho 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. G. Accurate cost data comparing proposed substitution with product specified. a. Amount of any not 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 aro indicated or implied on shop drawings or product data submittals without a formal requost from Contractor, 2. They arc) requested directly by Fa Subcontractor or supplier. 3. Acceptance will Wquirc sub%l anlial revision of Contract Documents. D. Requests for substitutions submitted ;after Notice of Award will not be considered unless evidonco is submitted to the E noirwer that Lill of the following circumstances exist: 1. Tho spociflod product is, unavailablo for roasons beyond the control of the Contractor Such rea scmla -,hall consi it of strikes, bankruptcy, discontinuance of rtranufOCIU I', oI 'ICIS of God 2. 1 ha Contractor pl,ac od, oc dtlormplud to placo, orders for the specified products within fO diays +jilts Nolic o of Awwd. 3. Request for Fi ib�;titulion is m ado in writing to the Engineer within 10 days of the date on which tho Coratrac,lot that Ito cannot obtain the item specified. 4. Comploto duta itti :>ut foith humin to pormit complete analysis of the proposed "mbstitutioll Is ";Wpiasltod with tho raactuost. E. The Enginour's ducisson log ardillo uvaluation of substitutions shall be considered final and binding. ROtILIUStfi (Of tunea Miunsaons Sand ►additional costs based on submission of, accoplanco of, or roluc.tion of sub slitutions will not bo allowed. All approved substitutions will be incorpor-lt(fd uato tho Adreonwill by (Juilloo Older 0 '163 2 D 1DIVISION 101630' sub: hiu•.iow, ancf hon ! I 9.00 CONTRACTOR'S REPRESENTATION A. In making formai 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. Fie 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 claims 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 1301V!SION 1\01630 SubS11!u110n5 and Produr.! Qpluvt's d -,r. 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. E. Contract Drawings and Shop Drawings: Legibly mark each item to record actual construction 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. 01700-1 DADIVISION 1\01700 Contract Closeout.doc 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 governing or other authorities. C. Submit Application for Final Payment identif; :rg total adjusted Contract Sum, previous payments and sum remaining due. *END OF SECTION* 01700-2 DADIVISION 1101700 Contract Closeout.doc SECTION 01710 CLEANING PART 1 — GENERAL 1.01 REQUIREMENTS INCLUDED Execute cleaning, during progress of the work, and at completion of the work, as required by General conditions. 1.02 DISPOSAL REQUIREMENTS Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti -pollution laws. PART2 - PRODUCTS 2.01 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage finishes and surfaces. S. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.01 DURING CONSTRUCTION A. Execute periodic cleaning to keep the work, the site, and adjacent properties free from accumulation of waste materials, rubbish, and windblown debris resulting from construction operations. E. Dispose of waste materials, cartons, crating, debris, and rubbish at designated waste receptacles. C. Contractor shall maintain a broom -cleaned site during the entire construction phase. D. For exterior utility work (such as underground pipelines, roadways, service areas, etc.), these shall be cleaned daily. Not less frequently than once weekly. Roadways shall be mechanically broomed. 01710-1 0 01VISION 1101710 Cloon ng.doc 3.02 DUST CONTROL A. General Contractor shall broom -clean interior spaces prior to the start of completing painting and continue cleaning on an as -needed basis until painting is finished. S. Schedule operations so that dust and other contaminants resulting from the cleaning process will not fall on wet or newly -coated surfaces. 3.03 FINAL CLEANING A. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials. D. Contractor shall broom -clean paved surface; rake -clean other surfaces of the grounds. C. Prior to final completion, Contractor shall conduct an inspection of all work areas to verify that the entire work area is clean. * END OF SECTION * 01710-2 DADIVISION 1101710 0eanfng.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 spare 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. 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. 01720-1 DADIVISION 1101720 Record Drawings.doc 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`oundation 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 internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 4. Field changes of dimension and detail. 5. Changes made by Field Order or by Change Order. 6. Details not on original contract drawings. 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. 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 t/so!D PART 3 - EXECUTION (not use, *END OF SECTION* 01720-2 n_1.DIVISION 1101720 Record Drawirgs.doc SECTION 01721 AS -BUILT SURVEY PART 1 - GENERAL_ 1.01 REQUIREMENTS An "As -Built" survey prepared, signed and sealed by a Land Surveyor licensed in the State of Florida shail be provided by the Contractor prior to project close-out. The As -Built shall illustrate the horizontal and vertical location of all pipe, fittings, valves, and service connections installed as part of this project. The As -Built shall illustrate the location of pipe abandoned "in place." The As -Built shall contain at least two (2) points identified with reference to State Plan Coordinates. All fittings, valves, and service connections shall be labeled with horizontal reference to the FDOT Construction Baseline (station and offset), and vertical reference to the North American Vertical Datum (NAVD, '1988). 1.02 RELATED REQUIREMENTS A. Section 1.11050: Field Engineering B. Section 01300: Submittals C. Section 01381: Audio -Visual Documentation D. Section 01052: Application for Payment 1.03 SUBMITTAL A. At contract close-out, deliver record documents listed in paragraph 1.01 to the Engineer for the Owner. The As -Built Survey shall be submitted in the following formats: 1. Eight (8) Signed, Sealed hard copies, 2. One (1) copy - Mylar, 3. One (1) Compact Disk (CD) - AutoCAD v.2004 (or later) format. The required field engineering submittals certified by a registered land surveyor are listed in Section 01050. 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* 01721-1 D.\DIVISION 1\01721 As-Built__Survoy.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 document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft tc 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. 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'/a -inch by 11 inch paper. 01740-1 DADIVISION 1101740 warranties and Bonds.doc 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. 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. 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 cornp!ying 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. 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. 01740-Z D:!DIVISION 1101740 Warranties and ©onds.doc 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. S. 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 fnot used) *END OF SECTION* 01740-3 DADIVISION 1101740 Warranties and Bonds.doc DIVISION 2 TECHNICAL SPECIFICATIONS 02000 Water and Wastewater Utility Standards 02115 Tree Protection and Trimming 02200 Earthwork 02320 HDPE Directional Boring 02401 Dewatering 02485 Grassing 02576 Pavement, Sidewalk, and Driveway Replacement 02610 Restrained Joints, Excavation, and Backfilling 02624 Reuse & Wastewater Force Mains Polyvinyl Chloride Pipe & Fittings 02627 Water, Reuse Mains & Wastewater Force Mains Polyethylene Pipe 02629 Existing Wastewater Main Improvements Abandonment 02630 Existing Reuse Main Adjustments 02632 Miscellaneous Valves and Appurtenances 02634 Line Stops 02636 Water Main Connections 02641 Non -Paved Roadway Restoration 02660 Testing and Inspection of Reuse Mains SECTION 02000 WATER AND WASTEWATER UTILITY STANDARDS GENERAL Requirements Included 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", FEBRUARY 2008 or latest version — herein after called "Reference Specifications" The Approved Manufacturer's Product List may be found in the lr,,' an River County Department of Utility Services Water & Wastewater Utility Standards FEBRUARY 2008, or latest revision which may be purchased at the Indian River County Utilities Department at 1801 27"' Street, Vero Beach, Florida 32960 or may downloaded as a PDF from their website www.ircutilities.com/Standards.htm on Page 173 III. SPECIFICATIONS; SECTIONS NUMBERS; 15. Approved Manufacturer's Projects List, Installation of all water, reuse and wastewater utility facilities/infrastructure shall be in accordance with the reference standards, drawings and other specifications in "Division 2 — Technical Specifications." Related Requirements In other pails of the contract documents; contractor is required to obtain a copy of the reference specifications, and during construction, comply with the reference specifications. Section 00020 Section 00100 Section 00300 Specified in other sections: Advertisement for Bids Instruction to Bidders Bid Form Section 00530 EJCDC — Agreement between owner and contractor; article 8. Contract documents; paragraph 8.6 Section 00800 Supplementary conditions; paragraph SC -- 3.03.8.2 Coordination of plans, specifications and special provisions. PRODUCTS Materials 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: Drawings: All sections of "Division 2 — Technical Specifications" 02000-1 DANVISION 2\02000 Water and Wastewater Utility Standards.doc EXECUTION Installation All installation methods & handling of material (the execution of the work) shall be in accordance with the reference specifications, and in accordance with specifications found in the other parts of the contract documents, including: Documents: A. Drawings 13. All sections of Division 2 —Technical Specificatio, Is Protection of Existing Mains it is acknowledged that there are areas where proposed mains and conduits will be constructed in close proximity to existing mains that must remain in service. Attention is directed to the fact that the proposed mains may be not only in close proximity horizontally, but the new mains may also at some locations need to constructed at a greater depth than the existing mains. It shall be the Contractor's responsibility to take measures to provide support and/or restraints to maintain existing mains as necessary during the construction process utilizing sheet piling, restrained joints and/or other methods. Any necessary sheet pilings, restraints and/or other methods used to protect any existing mains and conduits and/or other utilities shall be included in the unit price of the proposed mains. `END OF SECTION* 02000-2 DIDIVISION 2102000 Water and Wastewater Utility Standards.doc SECTION 42115 TREE PROTECTION AND TRIMMING GENERAL Description Of Work Only those trees which are in the direct path of construction are to be removed. Contractor shall make every possible effort to save any tree of four -inch diameter or larger, including minor adjustment to the pipe routing. Changes 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 sh„" minimize tree removal and tree trimming operations to as great an extent as possible. 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. Recommend procedures to compensate for loss of roots and perform initial pruning of branches and stimulation of root growth where removed to accommodate new construction. 3. Perform tree repair work for damages incurred by new construction. Job Conditions Provide temporary fencing, barricades, or guards to protect trees and other plants which are to remain from damage. PRODUCTS 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 treesJall soeciesl; 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 D \DIVISION 2102115 Tree Protection and Drilling.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 iniury 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. EXECUTION 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. 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. Dis oral 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. 'SEND OF SECTION` 02115-2 D'\DIVISION ?.102115 Tree Protection and Drilling.rloc SECTION 02116 DEBRIS REMOVAL GENERAL Description Of Work Contractor shall remove and properly dispose of debris deposited along the pipe route in the Sandridge Golf Course. The debris consists of hurricane debris (i.e.: trees) and miscellaneous concrete, metal scrap, etc, and is located outside the Lateral "G" canal right of way between STA 119+75 and STA 126+75. Contractor shall be responsible for performing all work necessary to mulch and/or remove ALL debris along this portion of the route. Contractor shall be responsible for estimating the volume and composition of debris to be processed prior to bidding the job. Job Conditions The debris is located in an active golf course. All due consideration shall be given to the safety of golf course patrons and to minimize impacts to golf course operations. Contractor shall coordinate with the golf course director during the removal process. Mulch All vegetative debris shall be mulched and deposited in a location suitable to the golf course director. PLsngsai Remove all other debris and dispose of off the Owner's property in a manner approved by local agencies. Restoration Upon completion of mulching/disposal the work area shall be graded smooth and sodded. *END OF SECTION* 02116-1 D:UVISION M21 .6 Debm ReinovaWOC SECTION 02200 EARTHWORK GENERAL 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 construction. All clearing work shall be done for the `ull width of the corridor area or right-of-way shown on the drawings and in full accordance with all applicable jurisdictional permits. Unless otherwise specified, all work shall comply with the Florida department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. Materials Fill material shall be clean granular fine earth, granular shell or sand, free of vegetation or organic material. Clearina. 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. General Excavation Unsuitable material shall be removed from the corridor area oniy as necessary for access and pipeline construction. Excavation and backfill for utility pipelines shall be performed as specified in Section 002610. 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. *EMD OF SECTION* 02200- 1 D:IDIVISION 2102200 Earthwork.doc SECTION 02320 HDPE DIRECTIONAL BORE GENERAL Description 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 minirnurn, the pressure main is to be located within the road right-of-way and shall be installed by directional boring. This section includes materials, performance and installation standards. and Contractor responsibilities associated with the furnishing 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. Maintenance of Traffic (MOT): No separate payment will be made for the Traffic Control on this project. Costs for Maintenance of Traffic shall be included within the unit price bid for reuse main and directional bores. Maintenance of Traffic shall be per applicable FDOT Index Numbers (600 Series) shall be provided at all times for the duration of the work. Experience 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. 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. Because of time constraints, the Contractor may wish to provide multiple experienced directional boring crews. The directional boring equipment shall be capable of installing the minimum pipe diameter noted on the plans. 02320-1 WDIVISION 2',07.320 Installation by Directional Rori!ig.doc Submittals 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. 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. The Contractor is required to bring to the attention of the E- ineer 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. Provide shop drawing submittal and sample of pipe, fused joint, and trace wire. Material Pressure mains installed by directional bore shall be polyethylene (HDPE) meeting AWWA and Indian River County Standards as described in Section 262.7 of these specifications. Installation Installation shall be in a trenchless manner producing continuous bores. 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. Continuous monitoring of the boring head is required, including across open water if necessary. 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. 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 clay fluid must be totally inert and contain no environmental risk. The Contractor must also have a mobile vacuum spoils recovery vehicle 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 DiDIVISION 2102.320 Installabon by Dfredional Bonng.doc Liquid clay 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 walls 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 material 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. Pneumatic or water -jetting methods will be considered unacceptable due to the possibility of surface subsidence. After an initial bore has been completed, a rearner will be installed at the termination pit and the HDPE pipe shall be pulled 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. A minimum of one (1) insulated 45 trace wires shall be. installed along with the HDPE. The trace wire shall be tested for continuity upon completed installation. 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. 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 DADIVISION 2!02320 Insiallation by Directional Boring.rloc SECTION 02401 DEWATERING GENERAL Description Of Work The work to be performed under this section shall include furnishing all equipment and labor necessary to remove storm or subsurface waters from excavation areas in accordance with the requirements set forth and as shown on the drawings. Applicable Codes Standards, And Specifications The dewatering of any excavation areas and the disposal of the ater 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 cornmencing dewatering operations. PRODUCTS (not applicable) EXECUTION 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 for pipe laying. Wellpoint holes shall be plugged with concrete grout. Dewatering by trench pumping will not be permitted if migration of fine grained natural material from bottom, side walls, or bedding material will occur. In the event that satisfactory dewatering cannot be accomplished due to subsurface conditions or where dewatering could damage existing structures, the Contractor shall obtain the Engineer's approval of wet trench construction procedure before commencing construction. Dewatering shall cease in a manner to allow the subsurface water to slowly return to normal levels. Disposal Water pumped from the trench or other excavation shall be disposed of in storm sewers having adequate capacity, canals, or suitable disposal pits. Contractor is responsible for acquiring all permits required to discharge the water and shall protect waterways from turbidity during the dewatering operation. In areas where adequate disposal sites are not available, partially backfilled trenches may be used for water disposal only when the Contractor's plan for trench disposal is approved in writing by the Engineer. The Contractor's plan shall include temporary culverts, barricades, and other protective measures to prevent damage to property or injury to any person or persons. No flooding of streets, roadways, driveways, or private property will be permitted. Engines driving dewatering pumps shall be equipped with residential type mufflers. * END OF SECTION * 02401-1 D:\DIVISION 2'02401 Dewatering.doc SECTION 02485 GRASSING GENERAL_ DESCRIPTION OF WORK The Contractor shall furnish all labor, equipment, and materials necessary for grassing all areas disturbed by his operations and any other areas on the plans indicated to receive grassing. It is the intent of this specification that damaged areas are to be replaced in kind, with sod to be used for all maintained yard areas. The Contractor shall sod all areas disturbed during construction with sod of same type and equal or better quality than the sod that was removed or destroyed. Contractor shall take all steps practical to minimize the area required to be sodded. All grassing shall be in accordance with Section 570-1 through 570-13 of the 1986 FDOT Standard Specifications for Road and Bridge Construction, except as modified herein. STORAGE OF MATERIALS The Contractor shall provide space for storage of sod prior to placement in a manner that will riot endanger or restrict pedestrian or vehicular traffic or interfere with other aspects of the work. PRODUCTS FWD _Types: Sod shall be St. Augustine Floratam, Argentine Bahia, Centipede, or Bermuda, depending on type of existing sod in adjacent area to be matched. Sod shall be well matted with roots. Where sodding will adjoin, or be in sufficiently close proximity to private lawns, types of sod other than those listed above may be used if desired by the affected property owners and approved by the Engineer. Sod shall be delivered in commercial -size rectangles, preferably 12 -inch by 24 -inch or larger. Condition: The sod shall be sufficiently thick to secure a dense stand of live grass. The sod shall be live, fresh, and uninjured at the time of planting. It shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. It shall be reasonably free of weeds and other grasses. It shall be planted as soon as possible after being dug and shall be kept moist from the time it is planted. SEED General: All seed shall meet the requirements of the State Department of Agriculture and Consumer Services and all applicable State laws. The seed shall have been harvested from the previous year's crop. When a low percentage of grass seed or native seed germination causes the quality of the seed to fall below the minimum pure live seed percentage as specified below, the Ccntractor may elect, subject to the approval of the Engineer, to increase the rate of application sufficiently to obtain the minimum germination rate specified. No payment will be made for the added seed. 02485-1 D'IMISIQN 2102485 Grassing.doc Delivery and Storage: Each of the species or varieties of seed shall be furnished and delivered in separate labeled bags. During handling and storage, the seed shall be cared for in such a manner that it will be protected from damage by heat, moisture, rodents, and other causes. All permanent and temporary grass seed shall have been tested within a period of six months of the date of planting. Purity and Germination: All permanent and temporary grass seed shall have a minimum percent of purity and germination as follows: 1. Argentine Bahia Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum germination of 80 percent. 2. Pensacola Bahia Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum active germination of 40 percent and a total germination of 80 percent, including firm seed. 3. ,rmuda 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. 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. GRASSING EQUIPMENT Seed Spreader: The seed spreader shall be an approved mechanical hand spreader or other approved type of spreader. Equipment for Cutting Mulch into Soil: The mulching equipment shall be of a type capable of cutting the specified materials uniformly into the soil, and to the required depth. Harrows will not be allowed. Rollers: A cultipacker, traffic roller, or other suitable equipment will be required for rolling the grassed areas. EXECUTION GENERAL CONSTRUCTION METHODS Seeding and mulching operations will not be permitted when wind velocities exceed 15 miles per hour. Seed shall be sown only when the soil is moist and in proper condition to induce growth. No seeding shall be done when the ground is frozen, unduly wet, or otherwise not in a tillable condition. Whenever a suitable length of right-of-way or adjacent area has been graded, it shall be made ready, when directed by the Engineer, and grassed in accordance with these specifications. Grassing shall be incorporated into the project at the earliest practical time in the lift of the contract. 02485-2 DADIVISION 2\02485 Grassing doc SODDING Preparation of Area to be Sodded: The ground which is to receive sod shall have been graded to proper elevations (2" below sodded grade) to match pre -construction conditions or proposed grades. All disturbed swales and ditches shall have been restored to their pre -construction condition or better. The pre -construction grade shall be maintained and the prepared soil shall be loose and reasonable smooth. It shall be reasonable free of large clods, roots, patches of existing grass, and other material which will interfere with the sod -laying operations or subsequent mowing and maintenance operations. Laying of Sod: Sod shall be installed in all areas so designated by Engineer. Sod shall be carefully placed so that each piece abuts flush to all surrounding sod, regardless of whether surrounding sod is new or existing. Where new sod is to be placed adjacent to existing sod, the new sod must be cut in to match the elevation of the existinn sod. Uneven sod which might cause mowing problems will be rejected. New sod laid on top of existing sod will also be rejected. All sod placed on steep slopes (greater than 1:1) shall be pinned with a wooden pin to keep it in place. Rolling: immediately after completion of the sod laying, the entire sodded area shall be rolled thoroughly with the equipment specified. At least two trips over the entire area will be required. 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. SEEDING 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. Preparation of Area to be Seeded: The ground over which the seed is to be sown shall be prepared by disk -harrowing and thoroughly pulverizing the soil to a suitable depth. The prepared soil shall be loose and reasonably smooth. It shall be reasonable free of large clods, roots, and other material which will interfere with the work or subsequent mowing and maintenance operations. 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. Mulching: When mulching is called for, approximately two inches, loose thickness, of the mulch material shall then be applied uniformly over the seeded area, and the mulch material cut into the soil with the equipment specified, so as to produce a loose mulched thickness of three to four inches. Care shall be exercised that the materials are not cut too deeply into the soil. No artificial watering of the mulch shall be done before it is applied. 02.485-3 DADIVISION 2102485 Grassing.doc 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. 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, Operations on Steep Slopes: On steep slopes when mulching is called for, the mulch material may be anchored down in lieu of being cut into the soil by use of a machine. Anchoring may be done by either of the following methods: 1. Placing a layer of soil, approximately two inches thick by nine inches wide, along the upper limits of the mulch, and spotting soil piles over the rest of the area at a maximum spacing of four feet. 2. Spreading a string net over the mulch, using stakes driven flush with the top of the mulch, at six-foot centers, and stringing parallel and perpendicular, with diagonals in both directions. MAINTENANCE The Contractor shall, at his expense, maintain the planted areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include the filling, leveling, and repairing of any washed or eroded areas, as may be necessary. The Engineer, at any time, may require replanting of any areas in which the establishment of the grass stand does not appear to be developing satisfactorily. If a planted area must be replanted due to the Contractor's negligence, carelessness, or failure to provide routine maintenance of such areas, such replacement shall be at the Contractor's expense. If replanting is necessary due to factors determined to be beyond the control of the Contractor, payment for replacement will be made under the appropriate contract pay items. ` END OF SECTION 02485-4 DmpvlSION 2\02485 Orassing.doc SECTION 02576 PAVEMENT, SIDEWALK, AND DRIVEWAY REPLACEMENT GENERAL References 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." All pavement, sidewalks and/or driveway restoration shail be completed in conformance with FDOT Standards. Where pavement, sidewalk and/or driveways are disturbed during the execution of this contract work, the thickness of the restored work shall be either equal to existing (i.e. in kind) or the minir-num thickness required by the FDOT, whichever is greatest. Portions of the project work are in the limits of the rights-of-way owned by Indian River County (IRC). Work in the County's right-of-way shall conform to the IRC Standards or FDOT. Indian River County Code Chapter 312, Section 08 C. Utility Construction in Right -of -Way shall control where applicable. It is intended that the other specifications contained herein are to be applied as more specific. In the event of a conflict between a provision of Code Section 312.08 C and any other provision of these specifications the more restrictive provision shall apply. 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 right-of-way permit fee. Utility companies not having a valid franchise may be required to pay a user fee to be determined by the director of public works. The permit application shall be submitted along with the following information. 1. General application data and specific utility data. Appropriate filing fee. Three (3) sets of Engineering plans which contain plan, profile and Gross -section views of the existing and proposed facilities including all existing utilities, structures in the right-of-way within one hundred (100) feet of the improvement, and other pertinent information. 4. Plans that show that the following criteria are met: a. Utility placement shall be the proper depth and location as approved by the Public Works Director and Utilities Director. b. All utility structures including traffic signal and control appurtenances, drainage structures, communication, and electrical lines, gas lines, water, sewer, oil transmission lines, etc., shall meet specifications and construction procedures as required by Florida Department of Transportation and appropriate utility agencies. C. Open pavement cut shall not be permitted on County arterial and collector routes as designated on the County's thoroughfare plan unless approved by the Public Works Director on the permit. All such crossings shall be "bore and jack" or "directional drill" in accordance with Florida Department of Transportation standards, unless approved open cut. If open cut is approved, one (1) lane of traffic in each direction should be maintained, using proper traffic control procedures as outlined in the reference material cited in section 312.08.1 (b) and (c). d. Pavement cut and restoration, where approved, shall be as 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 02576-1 DADIV4SION 2162576 Pavement Sidewalk and Driveway Replacernent.doc detailed in drawing No. 6 section 312.19. Density testing shall be performed by an approved independent testing laboratory and reports submitted to the Public Works Director prior to permanent patch. A temporary asphalt patch shall be applied within twenty-four (24) hours after backfill and compaction. The finish surface of the temporary asphalt patch shall be within one-quarter (114) inch of the elevation of the existing roadway surface. 2) Seventy-two (72) hours prior to the time of pavement cut, the Public Works Director shall be notified of the date and time of the cut. An emergency phone number of the Contractor shall be provided. 3) Work site traffic control shall be provided in conformance with "Florida Department of Transportation Roadway and Traffic Design Standards." 4) Asphalt restoration will be required within fifteen (15) days after temporary patch is installed. The final finish shall be smooth and uniform within a one-quarter (114) inch tolerance of the required surface. 5) Shoulder, right-of-way sodding, and other restoration shall be performed as required by the Public Works Director in accordance with Florida Department of Transportation Standards. 6) Traffic control devices (e.g. signs, street name signs, traffic signals and pavement markings) shall be restored to their original condition or better. 7) Prior to final release of the performance bond, which shall occur no sooner than ninety (90) days after final pavement restoration, the Engineer -of -record or utility company shall request a final inspection, shali 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. Restoration All surfaces, as described, shall be completed as soon as is reasonable. In no case shall the pavement or driveway replacement operation be unfinished for more than 10 days after backfilling unless otherwise directed by the Engineer. Replace all damaged or cut pavement due to Contractor's operations; restore all pavement outside of trench area that is damaged by the Contract at no expense to Owner. Guarantee All restored areas within the public right-of-way shall be guaranteed for one year. In the event of settlement of paved areas more than one-quarter inch below the undisturbed adjacent permanent pavement, the Contractor shall make the 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. PRODUCTS Baserock Limerock, shellrock, and local rock shall conform to FDOT specifications, Section 911. 02576-2 D 1DIVISION 2102576 F'avenient Sidewalk and D iveway Replace rnent.doc Asphaltic Concrete Prime and Tack Coats: Prime and tack coats shall be applied to the prepared baserock. Prime coat shall be cutback asphalt, Grade RC -70, MC -30, or MC -70, complying with FDOT Specifications, Articles 300-1 through 300-7, applied at the average rate of 0.15 gallons per square yard. Tack coat shall be emulsified asphalt, Grade RS -2, complying with FDOT Specifications, Articles 300- 1 through 300-7 respectively, applied at the average rate of 0.10 gallons per square yard. The bituminous quantities are considered as average and are subject to some variation at the discretion of the Engineer and at no additional cost. Plant Mix Wearing Surface: A plant mix wearing surface course shall be constructed on the prepared limerock base. Materials and construction shall conform with the requirements of FDOT Standard Specifications for Type S-1 Asphaltic Concrete, Section 331, and Articles 331-1 through 331-4. The finished pavement replacement shall be smooth and even with, of slightly above, the existing abutting pavement, but shall not have any appreciable bump due to this slight elevation. Rock, Gravel, or Marl Replacement: Roads, streets, or driveways constructed of rock, gravel, or rnarl shall be restored to a condition equal to or better than prior to construction using the same material unless directed otherwise. 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. Concrete Mix, Design, And Testing Comply with requirements of applicable FDOT Section 345 for concrete mix design, sampling and testing, and quality control, and as herein specified. Design the mix to produce standard weight concrete consisting of Portland cement, aggregate, air- entrairing admixture and water to produce the following properties. 1. Compressive Strength - Class I, 3,000 psi. 2. Air Content: 3% to 6% Concrete piacerrlent slump shall riot exceed plus or minus one inch from approved design slump. EXECUTION Pavement Replacement Replace pavement in accordance with the details shown on drawings. The baserock shall be placed and compacted in accordance with FDOT Specifications, 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. Edge Trim Trim edges of the existing pavement with a concrete saw or other approved method to provide a clean, straight edge. 02576-3 DADIVISION M2576 Pavement Sidewalk and Driveway Retracement doc Pavement Markings Repaint, stripe, or otherwise mark pavement to match pre-existing conditions, using FDOT-approved materials and procedures. Temporary Pavement Temporary pavement shall be installed as follows Residential Streets: In residential streets, the Contractor shall, after completion and acceptance of the backfill, construct a base course in accordance with the typical section meeting the requirements of the FDOT Specifications, Section 200, Articles 200-1 through 200-10. The top of the base course shall be constructed flush with the adjacent asphalt surface. Upon completion of the base construction, it shall be primed and sanded in accordance with FDOT Specifications, Section 300, Articles 300-1 through 300-6. Prime shall be applied at the rate of 0.50 gallon per square yard, or as directed by the Engineer. 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, the Contractor shall construct an asphaltic concrete surface course, Type 11, in accordance with MOT Specifications, Section 332, Articles 332-1 through 332-5. The top of the surface course shall be constructed flush with the adjacent asphalt surface. Thickness of the replaced course shall match the thickness of the existing surface course. Emergency Repairs And Procedures The Contractor shall provide the name and telephone number of at least two persons designated by the Contractor to receive notification of the need for emergency repairs. These persons shall be available for emergency notification on a 24 hour basis. The County will provide the name, or names, of its designee who will be charged with giving notice to the Contractor when the need for emergency repairs, or other actions, is necessary on work that has been performed by the Contractor. When so notified by the person so designated by the County that emergency repairs, or other actions, are necessary the Contractor will be given a reasonable time to respond to the situation. At the time of notification the Contractor will give the time that he will be able to take action to rectify the emergency conditions. If this time is not satisfactory to the County, the County reserves the right to have the Road & Bridge Division make necessary repairs, or take other emergency actions as required to restore the pavement, or take other actions necessary. The County will invoice the Contractor for the actual time and materials used in executing the emergency repairs or actions. This amount will be based upon hourly rates and actual materials cost to the County. The labor rates will be supplied to the Contractor prior to beginning work under this Contract. If the Contractor does not pay the invoice as presented by the County, the County reserves the right to withhold that amount from the Contractor on the Final Pay for this Contract. Sidewalk, Concrete DrivewayCurb, And Combined Gutter Removal And Replacement Surface Preparation: 1. Remove loose material from the compacted sub -base surface immediately before placing concrete. 2. Proof -roll prepared sub -base 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. 02576-4 D.IDIVISION 2\02576 Pavement Sidewalk and Driveway Replacement.00c Do not place concrete until sub -base and forms have been checked for line and grade. Moisten if required to provide a uniform dampened condition at the time concrete is placed. Do not place concrete around manholes or other structures until they are completed to required finish elevation and alignment. All concrete driveways shall be FDOT Class 1 and a minimum of 6 inches thick with wire or fiber mesh reinforcement. All sidewalks shall be a minimum of 4 inches thick, shall be saw -cut every 5 feet, and shall have an expansion joint every 30 feet. 1. Place concrete using methods which prevent segregation: of the mix. Consolidate concrete along the face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint 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 n continuous operation between transverse joints, as far as possible. I( interrupted for more than one-half hour, place a construction joinf. 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 (contraction), and construction joints true -to -line with face perpendicular to surface of the concrete, unless otherwise indicated. Construct transverse joints at right angles to the centerline, unless otherwise indicated. When joining existing structures, place transverse joints to align with previously -placed joints, unless otherwise indicated. a. Weakened -Plane Joints: Provide weakened -plane (contraction) joints sectioning concrete into areas where required. Construct weakened -plane joints for a depth equal to at least one-quarter concrete thickness, by sawing within 24 hours of placement or formed during finishing operations. Place joints at intervals not to exceed 10 feet, if not otherwise indicated. b. Construction Joints: Place construction joints at the end of all pours and at locations where placement operations are stopped for a period of more than one-half hour, except where such pours terminate at expansion joints. Construction joints shall be as shown or, if not shown, use standard metal keyway -section form of appropriate height. c. Expansion Joints, (1) Provide premolded joint filler for expansion joints abutting concrete curbs, catch basin, manholes, inlets, structures, walks, and other fixed objects, unless otherwise indicated. (2) Locate expansion joints at 30 feet o.c. for concrete walks, unless otherwise indicated. (3) Extend joint fillers full width and depth of joint, and not less than one-half inch below finished surface where joint sealer is indicated. If no joint sealer, place top of joint filler flush with finished concrete surface. (4) Furnish joint fillers in one-piece lengths for the full width being placed, wherever possible. Where more than one length is required, lace or clip joint filler sections together. Pieces shorter than four inches shall not be used unless specifically shown as such. (5) Protect the top edge of the joint filler during concrete placement with a metal cap or 02576-5 0 VVISION 21,02576 Pavement Sidewalk and driveway Repiacement.doc 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. Concrete Finish�ng 1. After striking -off and consolidating concrete, smooth the surface by screening and floating. Use hand methods only where mechanical floating is not possible. Adjust the floating to compact the surface and produce a uniform texture. 2. After, floating, test surface for trueness with a 20 ft. straight edge. Variations exceeding one- third inch for any two points within 10 feet shall not be acceptable. Distribute concrete as required to remove surface irregularities, ,and refloat repai, ed areas to provide a continuous smooth finish. 3. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round 10-112" radius, unless otherwise indicated. Eliminate any tool marks on concrete surface. 4. After completion of floating and when excess moisture or surface sheen has disappeared, broom finish sidewalks by drawing a fine -hair broom across concrete surface, perpendicular to a line of pedestrian traffic. 5. Do not remove forms for 24 hours after concrete has been placed. After form removal, clean ends of joints and point -up any minor honeycombed areas. 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. 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 areas. Fill drilled core holes in satisfactory pavement areas with Portland cement concrete bonded to pavement with epoxy resin grout. 3. Protect concrete from damage until acceptance of work. When construction traffic is permitted, maintain pavement as clean as possible by removing surface stains and spillage of materials as they occur. 4. Sweep concrete pavement and wash free of stains and discoloration, dirt, and other, foreign material just prior to final inspection. END OF SECTION' 02576-6 D UVISION 2\02576 Pavement Sidewalk and Driveway Replacernent.duc SEC"TION 02610 RESTRAINED JOINTS, EXCAVATION AND BACKFILLING GENERAL Restrained Joints 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 'age 416 in Section VI, in the Handbook of Cast Iron Pipe, 4 l Edition. in all cases, restrained joints must be used per Section C below, with thrust blocks, per contract drawings. 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. 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-513 is provided for the Contractor as a guideline. Table M -5B 1.5PA1-C- OS 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) W = W (earth) + W (pipe) + W (water in pipe) W (earth) = (density of soil*) (depth of cover in feet) (O.D. in feet) Maximum 120-lbs/cubic ft above maximurn water table elevation and 60-lbs/cubic ft below maximum water table elevation. Bolts and nuts for restrained joints shall be hot dipped galvanized, low alloy, high strength steel. 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 D:VVISION 2102810 Restrained Joints Excavation and Backfilling. doc Earthwork And Backfill 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. 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. All gravity sewer, installation procedures must be in accordance with pipe manufacturer's recommendations. All gravity sewers and force mains shall be installed to have minimum cover of 36 inches. Installation of gravity sewers shall be controlled by use of a laser to maintain proper grade. 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 width shall be kept to a minimum necessary for installation of the pipe. The trench bottom shall be graded uniformly to 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. Contractor, shall provide owner with compaction test results at 400' intervals at the contractor's expense. 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 * 026102 D. 01VISION 2102610 Restrained Joints Excavation and Backrilling.doc SECTION 02624 REUSE AND WASTEWATER FORCE MAINS POLYVINYL CHLORIDE PIPE .AND FITTINGS 5cQP—e This section covers polyvinyl chloride pipe and fittings for reuse and wastewater force mains. General Polyvinyl chloride (P.V.C.) pipe shall be allowed for use as reuse and wastewater force main pipe where compatible with the specific conditions of the project. Ir.Jian River County Department of Utility Services (IRCDUS) may require the use of material, other than polyvinyl chloride, 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. Pipe Materials For Sizes 4" Through 12" All pipe and fittings intended for conveying or transmitting wastewater shall be designed for a minimum working pressure of 150 psi. Polyvinyl chloride pressure pipe shall conform to the latest AWWA Standards Specifications C9:10 latest revision, or C909 latest revision and ASTM D1784 and D2241, latest revision. P.V.C. pressure pipe shall be made from Class 12454-A or Class 12454-B material and conform to the outside diameter of cast iron pipe with a minimurn wall thickness of DR18. Polyvinyl chloride pressure pipe less than 4" shall be DR -21, PR -200. Polyvinyl chloride pipe shall be purchased per Approved Manufacturer's Product List. The pipe used for wastewater shall be green in color. The pipe used for reclaimed water shall be purple in color. Pipe Materials For Sizes 14" Through 3F" All pipe and fittings intended for conveying or transmitting wastewater or reclaimed water small be designed for a minimum working pressure of 150 psi. Polyvinyl chloride pressure pipe shall conform to the latest AWWA Standards Specifications C905- 97 and ASTM D1784, latest revisions. PVC pressure pipe shall be made from Class 12454-A or Class 124548 material and conform to the outside diameter of cast iron pipe with a minimum wall thickness of DR25. Polyvinyl chloride pipe shall be purchased per the Approved Manufacturer's Product List The pipe used for wastewater shall be green in color. The pipe used for reclaimed water shall be purple in color. 02624-1 U pDIVISION 210262,1 Wastewater Force Mains Polyvinyl Chionde Pipe.dac Joints Joints for PVC pressure pipe shall be bell and spigot push -on rubber gasket type only. No solvent weld or threaded joints will be permitted. The Engineer of Record or IRCDUS may consider other type joints for specific installation upon submission of specifications and approval. Restraint joints, when required, see Approved Manufacturer's Product List. Fittings All underground fittings shall be either ductile iron push -on, restrained, or mechanical joint. Mechanical joints shall conform to AWWA Standard Specifications C110/A21.10 or C153/A21.53 latest revisions. Fittings shall be fusion -bonded ceramic epoxy lined. The epoxy material shall be applied in one coat with a minimum dry film thickness of 40.0 mils and shall be Protecto 401 or approved equal. All aboveground exposed fittings shall be flanged. The pressure rating shall be 350 psi. Joint restraint, when required; see Approved Manufacturer's Product List. Submittals Before starting fabrication of the PVC pipe and fittings, the Contractor shall submit complete detailed working drawings 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 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. Markin Number 10 stranded conductor copper trace wire shall be spiral wrapped or affixed to the top of the pipe. See Trace Wire Detail M-16 for specifications regarding installation. Trace wire is required over all pipes. A 2" wide magnetic I.D. location tape is required over all pipes. Tape is to be installed 12" below finished grade. 02624-2 WDIVIelON 2102624 Wastewater Force Mains Polyvinyl Chlor de Ppe.doc Installation 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. 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 the Engineer of Record and IRCDUS approve wet trench installation. Depth of Cover and Pipe Elevation: Unless otherwise shown on the drawings, or otherwise authorized by the Engineer, all pipe shall have a minimum c7ver 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 ¢l- 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 of Record or his representative and IRCDUS. Engineer of Record or IRCDUS reserves the right to have Contractor excavate and check lop 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 * 02624-3 D 1DIVISION M2624 Wastewater Force tda,ns Polyvinyl CNonde Pipe due SECTION 02627 WATER MAIN, REUSE MAIN AND WASTEWATER FORCE MAINS POLYETHYLENE PIPE Scope This section covers Polyethylene (PE) pipe and fittings for force mains. General Polyethylene (PE) pipe shall be allowed for use as force 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. 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 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: Performance Pipe Division of Chevron -Phillips Chemical Company (DriscoPlex), Dupont of Canada (SCLAIRPIPE) or equal as approved by the Engineer. 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 shall 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 and checked for accuracy. f. Pipe ends shall be checked to ensure they are cut square and clean. g. Subject inside surface to a "reverse bend test" to ensure the pipe is free of oxidation (brittleness). 02627-1 DIDIVISiON 2102627 Force Mains - Polyethylene Pipe doc Stress Rearession Testin 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. Contractor is responsible for compatibility between pipe materials, fittings and appurtenances. 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 experr: -- to the IRCDUS any defective pipe material including labor within the warranty period. Materials For Pipe Sizes 3" And Larcier Materials used for the manufacture of polyethylene pipe shall be made from a PE 3408 polyethylene resin compound meeting cell classification 345434C per ASTM D3350; and meeting Type ill, Class C, Category 5, Grade P34 per ASTM D1248 Polyethylene (PE) pipe shall comply with AWWA Specifications C906-90. 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. Dimensions and workmanship shall be as specified by ASTM F714. PE pipe 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. 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. The pipe Manufacturer must certify compliance with the above requirements. Materials For Pipe Sizes Under 3" Materials used for the manufacture of polyethylene pipe shall be rnade 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. Polyethylene (PE) pipe shall comply with AWWA Specifications C901-96. 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. Dimensions and workmanship shall be as specified by ASTM D-3035. PE pipe 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. 02627-2 D:NDIVI5ION 2'.02627 Force: Mains - Polyethylene Pipe doc PE pipe and accessories under 3" in diameter, shall be 160 psi at 73.4°F meeting the requirements of Standard Dimension Ration (SDR) 11 as MINIMUM STRENGTH. The pipe Manufacturer must certify compliance with the above requirements. Fittings 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. 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. 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. 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. All fittings shall be fusion -bond epoxy coated (inside and outside). Bolts and nuts shall be 316 stainless steel. The pipe Manufacturer must certify compliance with the above requirements. Jointing lMethod The pipe shall be joined with butt, heat fusion joints. All joints shall be made in strict compliance with the manufacturer's recornmendations. 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. Pine Identification The following shall be continuously indent printed on the pipe or spared at intervals not exceeding five (5) feet. 1. Name and/or trademark of the pipe manufacturer. 2. Nominal pipe size. 3. Dimension ratio. 4. The letters HDPE 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. 02627-3 DAAVISION 2W2627 Force Mains - Polyethylene Pipe-doc Pipe color shall be as follows: 1. Water main shall be blue in color or have blue continuous stripes the entire length of pipe. 2. Wastewater force main shall be green in color or have green continuous stripes the entire length of pipe. 3. Reuse main shall be purple in color or have purple continuous stripes the entire length of pipe. Number 10 single conductor copper trace wire shall be spiral wrapped or affixed to the top of all pipe and fittings. See Trace Wire Detail PVI -14 for specifications regarding installation. Installation 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. 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 darnage to the pipe shall be repaired 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. Under no circumstances shall the pipe or accessories be dropped into the trench. Care shall be taken during transportation of the pipe such that it will not be cut, kinked or otherwise damaged. 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. 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. Care shall be exercised when lowering pipe into the trench to prevent damage or twisting of the pipe. Pipe shall be laid to lines and grade shown on the Drawings with bedding arid backfill as shown on the Drawings. 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. 02627-4 WDIVISION 2\02827 Force Mains . Polyethylene Pipe doc 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. Sections of pipe with cuts, scratches or gouges exceeding five percent (5%) of the pipe wall thickness shall be removed completely and the ends of the pipeline rejoined. 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. 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 tlrermally 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. Flange connections shall be provided with a full -face neoprene gasket. All PE pipe must be at the temperature of the surrounding soil at the time of backfilling and compaction. 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 -inch 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. 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 clean until they are used in the work and when laid, shall conform to the lines and grades required. 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. 02627-5 D,OlViSION 2\02627 Force Mains - Polyethylene Pipe.doc 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. 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." 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. Precautions shall be taken to prevent flotation of the pipe in the trench. 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 re -compacted to provide uniform side support for the pipe. 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. Restrained joints shall be installed where shown on the Drawings or as directed by the Engineer. Testing All PE force 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. All force 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. Testing shall be conducted after backfilling has been completed and before placement of permanent surface. 02627-6 DADIVISION 202627 Force Mains - Polyethylene Pipe.doc Testing Procedure shall be as follows: 1. Fill line slowly with water. Maintain flow velocity less than two (2) 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 turn 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 bIE.' 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. 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. 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 :eakage and retest the line. The amount of leakage which will be permitted shall be in accordance with AWWA C600 Standards. All visible leaks are to be repaired regardless of the amount of leakage. The Contractor must submit his plan for testing to the Engineer for review at least ten (10) days before starting the test. Cleaning At the conclusion of the work, thoroughly clean all of the new pipelines to remove all dirt, stones, and 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 " 02627-7 DADIVISION 2:x2627 Force Plains - polyethylene Pipe.doc SECTION 92629 EXISTING WASTEWATER MAIN IMPROVEMENTS ABANDONMENT GENERAL Description Of Work This work shall consist of the abandonment of existing wastewater mains that are to be removed from service or to be replaced with new wastewater mains; filling specific sections of pipes to be abandoned in place with grout and/or by physical removal of the wastewater main; including all excavation, backfilling, restoration, M.O.T. and all else necessary. The locations of existing wastewater mains to be abandoned are depicted on u a construction plans. M.O.T. per applicable FDO T Index Numbers (600 Series) shall be provided for at all times ;or the duration of the work. Methods Of Construction The Contractor shall coordinate with the Indian River County Utilities Department (IRCUD) to ensure all remaining pressurized wastewater mains are properly restrained prior to the cutting of any pipe. Prior to abandonment the wastewater main shall be emptied of residual wastewater, either by pumping or by flushing with non -potable water. The Contractor shall submit a flushing/pumping plan to IRCUD and the Engineer. The Contractor shall provide a vacuum truck to recover any spilled wastewater. Recovered wastewater shall be disposed of at a wastewater treatment plant as directed by IRCUD. The Contractor shall be responsible for restoring any areas disturbed as a result of abandonment of existing wastewater mains. In Place Abandonment: Wastewater main to be abandoned in place shall be flushed as described above and capped in areas where the proposed reuse main will not be installed along the wastewater main alignment. Physical Removal Abandonment: The Contractor shall physically remove and dispose of any existing valves, air release valves, and aerial crossings along portions of the wastewater mains sections to be abandoned at the locations depicted on the Construction Plans. The Contractor shall submit a disposal plan for the removed wastewater main and appurtenances. `END OF ;SECTION* 02620-1 D:TIVISIGN 2\02629 wastewater Main Abandonment.doc SECTION 02630 EXISTING REUSE MAIN ADJUSTMENTS GENERAL Description of Work This work shall consist of the construction of reuse main piping, fittings, valves, air release valves, to create horizontal and vertical adjustments to the existing reuse main in accordance with the Construction Plans. Methods of Construction The Contractor shall not shut down or cut the existing reuse mains without authorization from Indian River County Utilities Department. The Contractor shall be responsible for the provision of a vacuum truck and for proper disposal of all removed pipe and wastewater. The Contractor shall construct and pressure test the reuse main adjustment assembly in accordance with Indian River County Utilities Department (IRCUD) pressure testing standards. The adjustment assembly shall include all pipe, fittings, air relief valves, and gate valves. The Contractor shall demonstrate to the Indian River County Utilities Department Inspector that all required materials and vacuum truck are present prior to installation. In the event adjustments cannot be completed while pumps are in an "off' mode, the Contractor must provide temporary bypass pipi,.g to allow for uninterrupted service continuation. The Contractor's surveyor shall provide, on State Plane Coordinates, an as -built survey illustrating the horizontal and vertical location of all fittings in the adjustment assembly. Vertical locations shall be provided on NGVD 1929 datum. Clearance/top of pipe elevation shall be as specified on the plans. Engineer reserves the right to have Contractor excavate and check top of pipe and elevations to see if they conform to the aforementioned requirements, at no cost to the owner. *END OF SECTION* 02.630-1 D \DIVISION 2102630 wastewater Force Main Adjustments.doc SECTION 02632 MISCELLANEOUS VALVES AND APPURTENANCES General All of the types of valves and appurtenances shall be products of well-established reuutable 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 shell comply with these Specifications as applicable. 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 appr_-,riate part of the body. All buried valves and appurtenances shall be mechanical joint. All above ground/exposed valves and appurtenances shall be flanged. Gate valves shall be used on water, sewer, and reuse mains. IRCUD'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. 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. Gate Valves (2 -Inch andLargerl Gate valves shall meet the requirements of AWWA Standard Specification C509-01, or latest revision. Valve shall have clear waterway equal to the full nominal diameter of the valve. Valves shall be double disc parallel seat type, with arrow cast into operating nut or handwheel to indicate direction of opening. Valves shall be rated for 150 -psi working pressure and a minimum 300 -psi test pressure. All valves shall open counterclockwise. Stuffing boxes shall be the "O -Ring" type. Gate valves shall be mechanical joint, ANSI Standards 21.11, except where shown otherwise. Valves shall be fusion -bond epoxy coated ductile iron body, bronze -mounted, resilient seated, non -rising stem type fitted with °O-ring" seals. All bolts to be used in valve bonnet are to be 316 stainless steel. The operating nuts shall be bronze, Standard AWWA 2" square. Body and cover bolts and nuts shall be 316 stainless steel. Stems shall be in full conformance with AWWA specifications. Sizes 14" through 36" bronze ASTM B584 with 80,000 -Ib tensile strength, and cast integral stem collar. All valves shall be installed with minimum of 18" of cover from operating nut to existing grade. Valves 14" or larger may be installed with stem horizontal or by adjusting pipe depth to achieve minimum cover. 02632-1 D \DIVISION 2\02632 Miscellaneous Valves & Appurlenances.doc Valves 14" and larger installed with stem horizontal shall be equipped with bronze rollers, tracks, and scrapers. Enclose spur or bevel gearing with extended type gear cases will be provided to completely enclose stem and stuffing box. 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. Air Release Valves 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. Above -ground air release valves for water lines shall be per the Approved Manufacturer's Project List. Air release valves shall be installed in concrete manholes (traffic bearing). Manhole cover shall be hinged, 32" diameter, as manufactured by Pamrex, or approved equal. Air release valves on water main shall be automatic, 2" diameter. Air release valves on sanitary sewer force main shall be automatic, stainless steel, 4" diameter. The fittings shall be threaded. Below -ground air release valves for water lines shall be as per the Approved Manufacturer's Product List. Valve Boxes 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 5'/4" 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. Valve boxes shall he 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. Valve boxes shall be installed in a concrete pad, as specified in Drawing Detail M-5. IRCDUS may eliminate concrete pad in asphalt pavement. Wapping Sleeves And Valves 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 " 02632-2 DADIVISION 2\02632 Miscellaneous Valves & Appurtenances.doc SECTION 02634 LINE STOPS GENERAL Description Of Work Line stops shall include furnishing and installation of line stops at the locations shown on the plans. Line stops shall be installed only as directed by Indian River County Utilities if existing valves are not useable to stop water flow and to isolate the work area. Materials Line stops shall be stainless-steel, expandable -stopper type as manufactured by Hydra -Stop, or similar. Before ordering, Contractor shall submit detailed shop drawings to the Engineer for review. Methods Of Construction Prior to installation, the Contractor shall coordinate with Indian River County Utilities Department to isolate the work area. Line stops shall be installed only if and where the County Utilities Department determines that existing valves are unable to isolate the work area. If existing water and/or wastewater valves are unable to isolate the work area and line stops are required, the Contractor shall coordinate with the Indian River County Utilities Department to determine the best location for installation. Line stops and all potable water and wastewater mains in the work area shall be properly restrained to prevent failure of pipe and fitting joints. END OF SECTION " 02634-1 DADIVISION 2\02634 tine Stops NOT USFD.doc SECTION 02636 WATER MAIN CONNECTIONS GENERAL Description Of Work Water Main Connections shall include furnishing and installation of water main and fittings to accomplish making connections of the new water mains to the existing mains at various locations. These connections do not include the 16" wet tap connection at the northwest corner of SR 60 and 66"' Avenue nor the wet tap connections associated with the HDPE directional drill under SR 60 along the west side of 74"' Avenue. Materials All water main, fittings, and restraint materials shall conform to Indian River County standards and the specification within these Contract Documents. Methods Of Construction Water Main Connections shall be completed at the locations depicted on the Construction Plans. Connections of newly FDEP "Cleared for Use" mains to existing mains shall be accomplished under the direction of Indian River County Utilities Inspection staff. The Contractor shall perform the connections in an expeditious manner so as to not interrupt service for an unreasonable amount of time to existing customers. Prior to cutting of the existing water main to connect new mains, the Contractor shall have isolated the area to reduce pressure by closure of valves and/or use of line stops (if approved by the County). Once the connection point has been isolated, the Contractor shall cut the existing main and connect the new main to the existing main. All fittings shall be restrained in accordance with Indian River County Utilities Standards. Once the new main has been properly connected to the existing main, the section of isolated new and existing water main shall be flushed and chlorinated prior to opening any valves and/or removal of line stops. Sampling shall be conducted prior to opening of new valves and removal of line stops. * END OF SECTION * 02636-1 D \DIVISION 2152636 Water Main Connections -NOT USED dor, SECTION 02641 NON -PAVED DRIVEWAY RESTORATION GENERAL Description of Work This item of work shall include all furnishing of materials, equipment, testing, tabor, and all else necessary to restore all non -paved driveways, including sub -bac course materials, for all dirt, marl, or shell driveways. All non -paved driveways shall be reconstructed to a minimum thickness of six (6") inches or in-kind, whichever is greater. Materials and Methods of Construction Materials and Methods of Construction shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2007, and Indian River County Standards as applicable. *END OF SECTION' 02641-1 D UViSION 2\02641 Non -Paved Driveway Restoration doc SECTION 02660 TESTING AND INSPECTION OF REUSE MAINS Pressure And Leakage Tests Of Underground Pressure Piping No hydrostatic testing will be permitted until as -built drawings have been submitted and approved by the Engineer -of -Record and by IRCDUS. Prior to testing, thoroughly clean all new pipelines to remove all dirt, stones, pieces of wood, other material that may have entered the pipeline during the construction period, and all dirty and/or discolored water from the pipelines. All debris cleaned from the pipelines shall be removed from the job site. Hydrostatic pressure and leakage tests shall conform to AWWA Standard Specifications C-605-94, or latest edition, for PJC pipe, with tho exception that Specifications C- 600-99, or latest revision, for D.I.P, and AWWA Standard Specifications. 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. 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 less than 150 psi for water and reuse mains and 100 psig for sewer force mains. The Contractor shall provide temporary plugs and blocking necessary to maintain the required test pressure. Corporation stops at least 1 inch in diameter, pipe riser and angle giobe 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 leakage test may 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 satisfactory test requirements are complied with. Defective materials, pipes, valves and accessories shall be removed and replaced. The pipe -lines 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 furnished by the Contractor. Accurate means shall be provided for measuring the water required to maintain this pressure. The amount of water required is a measure of the leakage. Testing shall be in accordance with the applicable provisions as set forth in Section 13 of AWWA Standard Specification c-600-99, or latest revision. The allowable rate of leakage shall be less than the number of gallons per hour determined by the following formula: L = ND x (P)"' 7400 L = allowabie leakage in gallons per hour N = number of joints in the section tested D = nominal diameter of the pipe in inches P = _average test pressure maintained during the leakage test in pounds per square inch gauge 02660-1 D:tDIVISION 2102660 Testing and Inspection Reuse Mains.doc The Contractor must submit his plan for testing to the Engineer for review at least five (5) working days before starting the test. The Contractor shall remove and adequately dispose of all blocking material and equipment after completion and acceptance of the field hydrostatic test, unless otherwise directed by the Engineer. The Contractor shall repair any damage to the pipe coating. Lines shall be totally free and clean prior to final acceptance. The Engineer or his representative must be present during testing. If thrust blocks have been approved for use, thrust blocks shall not be backfilled until inspected by IRCDUS inspectors. Additional Pressure Testing For Polyethylene (PEI pipes At the beginning of the testing period, thoroughly clean all r.aw pipelines by whatever means necessary, including flushing, to remove all dirt, stones, pieces of wood, other material that may have entered during the construction period, and any dirty or discolored water from the lines. If, after this cleaning, any obstructions remain, they shall be removed. All debris cleaned from the lines shall be removed from the job site. All PE water mains shall be field-tested. The Contractor shall supply all labor, equipment, material, gauges, pumps, meters and incidentals required for testing. 'The Contractor shall pressure test each water main upon completion of the pipe laying and backfilling operations, including placement of any required temporary• roadway surfacing. All water mains shall be tested to 150 percent of the operating design 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 design pressure of the pipe that is 100 psi. The test pressure shall be measured at the test. All testing shall be conducted in the presence of the Engineer or a designated representative. Testing shall be conducted after backfilling has been completed and before placement of permanent surface. Allowable amount of makeup water for expansion during the pressure test of the pipe shall conform to Plastic Pipe Institute (PPI) Handbook of Polyethylene Pipe; Inspection, Tests, and Safety Considerations, unless otherwise approved by the Engineer. The Operating Safety Considerations, Post Installation, Hydrostatic Testing, Monitored Make-up Water Test, Table III, is on Pages 24 and 25 of the Handbook. In any test of pipe laid disclosed leakage or significant pressure drop greater than the allowed, the Contractor shall, at its own expense, locate and repair the cause of leakage and retest the line. The amount of leakage that may be permitted shall be In accordance with AWWA Standard Specifications. All visible leaks are to be repaired regardless of the amount of leakage. The Contractor must submit his plan for testing to the Engineer -of -Record and Utility Inspector for review at least ten (10) days before starting the test. *END OF SECTION* 02660-2 DADI:lISION 2102660 Testing and Inspection Reuse Mains.doc