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2015-242B
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 1st STREET S.W. AND 43rd AVENUE INTERESECTION IMPROVEMENTS BID NO. 2016002 PROJECT NO. 1232 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA WESLEY S. DAVIS, CHAIRMAN BOB SOLARI, VICE CHAIRMAN COMMISSIONER TIM ZORC COMMISSIONER JOSEPH E. FLESCHER COMMISSIONER PETER D. O'BRYAN JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD, COUNTY ATTORNEY CHRISTOPHER R. MORA, P.E., PUBLIC WORKS DIRECTOR RICHARD B SZPYRKA, P.E , ASSISTANT PUBLIC WORKS DIRECTOR MICHAEL D NIXON, P.E , ROADWAY PRODUCTION MANAGER 00001 - Project Title Page - REV 04-07 00001 - 1 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00001 - Project Title Page - REV 04-07.doc It Section No. Title TABLE OF CONTENTS DIVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor's Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification, as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010-1 F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\00010 - Table of Contents - REV 04-07.doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS APPENDIX B - FERTILIZER ORDINANCES APPENDIX C - INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION + + END OF TABLE OF CONTENTS + + 00010-2 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\00010 - Table of Contents - REV 04-07.doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 770-5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 P.M. on Wednesday, October 28, 2015. 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 "1st Street S.W. and 43rd Avenue Intersection Improvements and Bid No. 2016002". Bids should be addressed to Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2:00 P.M. All bids received after 2:00 P.M., on the day specified above, will not be opened or considered. INDIAN RIVER COUNTY PROJECT NO. 1232 INDIAN RIVER COUNTY BID NO. 2016002 PROJECT DESCRIPTION: The proposed improvements to the 1St Street S.W. and 43rd Avenue intersection will consist of the reconstruction of a portion of 1St Street S.W. with the addition of left turn lanes in the east and west bound direction. 43rd Avenue will be milled and resurfaced within the intersection. Approximately 2,170 feet of 48" x 76" reinforced concrete pipe will be installed in the Indian River Farms Water Control District Canal. The work will also include; a traffic signal, four foot wide paved shoulders, curbing, and a five foot wide sidewalk along the north side of the right-of-way, signing, and pavement markings. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto. Copies of the documents are available at: www.demandstar.com or by contacting the Purchasing Division at (772) 226-1416 or purchasinq(a�ircgov.com. All communications concerning this bid shall be directed to IRC Purchasing Division at purchasing(.ircgov.com. All bidders shall submit one (1) original and one (1) copy of the Bid Proposal forms provided within the specifications. Please note that the questionnaire must be filled out completely including the financial statement. BID SECURITY must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a 00100 - Advertisement for Bids REV 04-07 00100 - 1 F'\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents \00100 - Advertisement for Bids REV 04-07.doc Il qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100% Public Construction Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall be retained by the County as liquidated damages and not as 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 judgement, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication in the Indian River Press Journal Date: September 27, 2015 & October 4, 2015 For: Indian River Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building "B" Vero Beach, FL 32960 * * END OF SECTION * * 00100 - Advertisement for Bids REV 04-07 00100 - 2 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW 43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00100 - Advertisement for Bids REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title ARTICLE 1 - DEFINED TERMS ........ ARTICLE 2 - COPIES OF BIDDING DOCUMENTS Page .1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS . ... 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 2 ARTICLE 5 - PRE-BID CONFERENCE 4 ARTICLE 6 - SITE AND OTHER AREAS ...4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA ..4 ARTICLE 8 - BID SECURITY . 5 ARTICLE 9 - CONTRACT TIMES ... 5 ARTICLE 10 - LIQUIDATED DAMAGES ... 5 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 5 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 6 ARTICLE 13 - PREPARATION OF BID 6 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS ..7 ARTICLE 15 - SUBMITTAL OF BID 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID .. . 8 ARTICLE 17 - OPENING OF BIDS 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE ... 8 ARTICLE 19 - AWARD OF CONTRACT . .. 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE.. 9 ARTICLE 21 - SIGNING OF AGREEMENT ...................... . .... 10 00200 - Instructions to Bidders REV 04-07 00200 - i F \Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec ImprovWdmim\bid documentsWlaster Contract Documents\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Award of Contract ... 19 Basis of Bid; Evaluation of Bids 14 Bid Security .8 Bids to Remain Subject to Acceptance .... 18 Contract Security and Insurance 20 Contract Times 9 Copies of Bidding Documents 2 Defined Terms 1 Examination of Bidding Documents, Other Related Data, and Site 4 Interpretations and Addenda 7 Liquidated Damages 10 Modification and Withdrawal of Bid .. 16 Opening of Bids. 17 Pre -Bid Conference . . 5 Preparation of Bid 13 Qualifications of Bidders . 3 Signing of Agreement . . 21 Site and Other Areas . ... 6 Subcontractors, Suppliers and Others . .12 Submittal of Bid . . .. .. .. 15 Substitute and "Or -Equal" Items . . .. 11 00200 - Instructions to Bidders REV 04-07 00200 - ii FAPublic Works\ENGINEERING DIVISION PROJECTS11232-1st St SW_43rd Ave Intersec ImprovkAdmimthid documents \Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder --The individual or entity who submits a Bid directly to OWNER. B Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered C. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction 'of similar projects of this size and larger. B Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories E Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located 00200 - Instructions to Bidders REV 04-07 00200 - 1 F \Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07 doc Rev 05/01 3 02 Each bid must contain evidence sof Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4 01 Subsurface and Physical Conditions A. The Supplementary Conditions identify. 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2 Those drawings of physical conditions in.or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4 02 of the Supplementary Conditions Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings 4 02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities, including OWNER, or others 4 03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4 03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings 4 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions 00200 - Instructions to Bidders REV 04-07 00200 - 2 P \Public Works\ENGINEERING DIVISION PROJECTS 11232 -1st St SW_43rd Ave Intersec Improv.Admim\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev 05/01 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 06 of the General Conditions. 4 05 Upon a request directed to the ENGINEER (Michael D Nixon, P.E. 772-226-1986), OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 This paragraph has been intentionally deleted. 4.07 It is the responsibility of each Bidder before submitting a Bid to• A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AFTER CONTACTING THE ENGINEER (MICHAEL D. NIXON, P.E., (772) 226-1986) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead, surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto, F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents, 00200 - Instructions to Bidders REV 04-07 00200 - 3 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 H correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE (NO PRE-BID CONFERENCE) ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to PURCHASING (purchasing(aircgov.com) in writing Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received Tess than ten days prior to the date for opening of Bids may not be answered Only questions answered by Addenda will be binding Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 00200 - Instructions to Bidders REV 04-07 00200 - 4 F -\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec ImprovV\dmim\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev 05/01 ARTICLE 8 - BID SECURITY 8 01 Each Bid must be accompanied) by Bid Security made payable to OWNER in the amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashier's check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U S. Department of the Treasury The Surety must be authorized to issue surety bonds in Florida The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions 8 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 91 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned 8 03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10 01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11 01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the 00200 - Instructions to Bidders REV 04-07 00200 - 5 F'\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12 01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, .has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 00200 - Instructions to Bidders REV 04-07 00200 - 6 F'\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev 05/01 13 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature 13.06 A Bid by an individual shall show the Bidder's name and official address. 13 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature 13 08 All names shall be typed or printed in ink below the signatures 13 09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form 13 10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form 13.12 All supporting information requested in the Bid Form must be furnished Do not leave any questions or requests unanswered. ARTICLE 14 - BASIS OF BID, EVALUATION OF BIDS 14 01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11 03 of the General Conditions C Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. 00200 - Instructions to Bidders REV 04-07 00200 - 7 F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW243rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents \00200 - Instructions to Bidders REV 04-07.doc Rev 05/01 ARTICLE 15 - SUBMITTAL OF BID 15 01 The Bid form is to be completed and submitted with the Bid security and the following data A. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships B Sworn Statement under the Florida Trench Safety Act C. Qualifications Questionnaire D. List of Subcontractors 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title and Bid Number (and, if applicable, the designated portion of the Project for which the Bid is submitted), Bid Number, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED " A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period 00200 - Instructions to Bidders REV 04-07 00200 - 8 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\Master Contract Documents100200 - Instructions to Bidders REV 04-07.doc Rev 05/01 ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such altemates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 19.07 Owner has no local ordinance or preferences, as defined in FS 255.0991 (2) in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to Public Construction Bond and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bond, unless the Bond has been waived due to the total contract being less than $100,000. 00200 - Instructions to Bidders REV 04-07 00200 - 9 F -\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents \00200 - Instructions to Bidders REV 04-07.doc Rev 05/01 ARTICLE 21 - SIGNING OF AGREEMENT 21 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21.02 OWNER shall return one fully signed counterpart to Successful Bidder 21 03 Should Bidder to whom the Contracts has been awarded refuse or fail to complete the requirements of Article 21.01 above, the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires * * END OF SECTION * * 00200 - Instructions to Bidders REV 04-07 00200 - 10 F \Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec ImprovtAdmim\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07 doc Rev 05/01 PROJECT IDENTIFICATION. Project Name: County Project Number: Bid Number' Project Address: Project Description: THIS BID IS SUBMITTED TO: SECTION t00310 - Bid Form 1st Street S.W. and 43rd Avenue Intersection Improvements 1232 2016002 1St Street S.W. and 43rd Avenue, Vero Beach, Florida The proposed improvements to the 1st Street S.W. and 43rd Avenue intersection will consist of the reconstruction of a portion of 1st Street S.W. with the addition of left turn lanes in the east and west bound direction. 43rd Avenue will be milled and resurfaced within the intersection. Approximately 2,170 feet of 48" x 76" reinforced concrete pipe will be installed in the Indian River Farms Water Control District Canal. The work will also include; a traffic signal, four foot wide paved shoulders, curbing, and a five foot wide sidewalk along the north side of the right- of-way, signing, and pavement markings. INDIAN RIVER COUNTY 1800 27th Street VERO BEACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number 10/21/15 1 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, 00310-1 00310 - Bid Form REV 04-07 F:1Pudic Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW 43rd Ave Intersec Improv Admimthid documentsWlaster Contract Documents100310 - Bid Form REV 04-07.doc Rev. 05/16/01 local and Site conditions that may affect cost, progress, and performance of the Work. C Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4 06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents G Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding, and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310-2 00310 - Bid Form REV 04-07 E \Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW 43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00310 - Bid Form REV 04-07.doc Rev 05/16/01 ITEMIZED BID SCHEDULE *ADDENDUM 1 10-21-15 PROJECT NAME: 1ST STREET S.W. AND 43RD AVENUE INTERSECTION IMPROVEMENTS IRC PROJECT NO: 1232 , BID NO. 2016002 BIDDER'S NAME: rt' _ �. Item -o' 1>escn do - - - - . _...._-� �:Q u'a`titi ty::. Un` R -,: .....Unit=Price-= - ;%s:'Ai'►ount`i-t 101-1 MOBILIZATION 1 LS 120,000.00 120,000.00 102-1 MAINTENANCE OF TRAFFIC 1 LS 65,000.00 65,000.00 102-99 CHANGEABLE VARIABLE MESSAGE SIGN 480 PD 45 00 21,600.00 104-10-3 SEDIMENT BARRIER 4,307 LF 1 10 4,737.70 104-18 INLET PROTECTION SYSTEM 39 EA 138.00 5,382.00 108-1 AS -BUILT DRAWING (BY REGISTERED LAND SURVEYOR) 1 LS 22,000.00 22,000.00 108-2 SURVEY CONTROL (INSTALURE-ESTABLISH) 1 LS 27,000 00 27,000.00 110-1-1 CLEARING AND GRUBBING 1 LS 70,000 00 70,000.00 110-7-1 MAILBOX, RELOCATION 6 EA 150.00 900.00 120-1 REGULAR EXCAVATION 7,266 CY 9.00 65,394.00 120-6 EMBANKMENT 5,396 CY 15 00 80,940.00 160-4 TYPE "B" STABILIZATION (12" SUBGRADE LBR 40) 11,776 SY 1.75 5 20,6000 285-706 OPTIONAL BASE, BASE GROUP 06, 8" CEMENTED COQUINA SHELL BASE, LBR 100, 2 LIFTS 10,682 SY 10.20 108,956 40 286-1 TURNOUT CONSTRUCTION (CONCRETE) 97 SY 44.80 4,345.60 . 327-70-6 MILLING EXISTING ASPHALT PAVEMENT, 1-1/2" AVG. DEPTH 1,203 SY 7 45 8,962.35 334-1-13 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C (S.P. 12.5, 1-3/4" THICK) 10,170 SY 9.85 100,174.50 334-1-13A SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C (S.P. 9.5, 1-1/4" THICK) 11,373 SY 8.70 98,94510 334-1-13B SUPERPAVE ASPHALTIC CONCRETE, OVERBUILD (S.P. 12.5, THICKNESS VARIES) 600 TN 106.40 63,840.00 *425-10 YARD DRAIN ADDED 1 EA 1,520.00 1,520.00 425-1-361 INLETS, CURB, TYPE P-6, <10' 1 EA 3,674.00 3,674.00 425-1-451 INLETS, CURB, TYPE J-5, <10' 1 EA 4,906.00 4,906.00 425-1-521 INLETS, DT BOT, TYPE C, <10' 11 EA 1,596.00 17,556.00 425-1-553 INLETS, DT BOT, TYPE E, J BOT ,<10' 7 EA 7,302.00 51,114.00 00310-3 F•1Public Works\ENGINEERING DIVISION PROJECTS11232-1st St SW_43rd Ave Intersec ImprovWdmimlbid documents\Master Contract Documents11232 Engineer's Estimate and Itemized Bid Schedule 5-4-15 - ADDENDUM 1 10-19-15 ITEMIZED BID SCHEDULE *ADDENDUM 1 10-21-15 PROJECT NAME: 1ST STREET S.W. AND 43RD AVENUE INTERSECTION IMPROVEMENTS IRC PROJECT NO: 1232 , BID NO. 2016002 BIDDER'S NAME: - . - ..�...,. Ite mNo .-,..t_. ._,..--_.._.-. ..f i••:-' •�-., t,�+L:•_ ;'r:- 3 - }:6•_ - D - tJo seen -�:�� - - P - ., �„_.,...�..,....:._r....... -�. _...:'Q tify;'Uni4 - mss. t"•- <r_UnitPnce - _ - ,._.Amoun 425-1-583 INLETS, DT BOT, TYPE H, J BOT ,<10' 1 EA 8,179.00 8,179.00 *425-1-91- INLETS, CLOSED FLUME - ADDED 3 EA 3,184 00 9,552.00 425-2-41 MANHOLES, P-7, <10' 1 EA 2,596.00 2,596.00 425-2-71 MANHOLES, J-7, <10' 8 EA 3,872.00 30,976.00 425-6 VALVE BOXES, ADJUST 12 EA 150 00 1,800.00 430-174-112 PIPE CULVERT, ROUND, 12” SD (CAP) 130 ' LF 25 75 3,347.50 430-174-112A PIPE CULVERT, ROUND, 12" SD (RCP) 88 LF 35.85 3,154.80 430-174-115 PIPE CULVERT, ROUND, 15" SD (CAP) 640 LF 37.65 24,096.00 430-174-115A PIPE CULVERT, ROUND, 15" SD (RCP) 211 LF 40 70 8,587.70 430-174-118 PIPE CULVERT, ROUND, 18" SD (CAP) 44 LF 48.40 2,129.60 430-174-118A PIPE CULVERT, ROUND, 18" SD (RCP) 78 LF 52.90 4,126.20 430-174-124 PIPE CULVERT, ROUND, 24" SD (RCP) 34 LF 117 00 3,978.00 430-174-215 PIPE CULVERT,ELLIP/ARCH, 15" SD (12"X18") (RCP) 56 LF 42.35 2,371.60 430-174-224 PIPE CULVERT, ELLIP/ARCH, 24" SD (19"X30") (RCP) 32 LF 69.00 2,208.00 430-175-218 PIPE CULVERT, ELLIP/ARCH, 18" S/CD (14"X23") (RCP) 96 LF 49.15 4,718.40 430-175-260 PIPE CULVERT, ELLIP/ARCH, 60" S/CD (48"X76") (RCP) 1,666 LF 258 10 429,994.60 430-175-260A PIPE CULVERT, ELLIP/ARCH, 60" S/CD (48"X76") (RCP) (SLOTTED) 496 LF 358.55 177,840.80 430-984-123 MITERED END SECTION, ROUND, 15" SD 6 EA 518.00 3,108.00 430-984-125 MITERED END SECTION, ROUND, 18" SD 3 EA 584 00 1,752.00 430-984-625 MITERED END SECTION, ELLIP/ARCH, 18" SD (14"X23") 1 EA 600 00 600.00 430-984-629 MITERED END SECTION, ELLIP/ARCH, 24" SD (19"X30") 1 EA 797 00 797.00 440-1-20 UNDERDRAIN, TYPE II (8" PVC) (NON -PERF.) 56 LF 62.90 3,522.40 440-1-20A UNDERDRAIN, TYPE II (8" PVC) (PERF.) 922 LF 32.45 29,918.90 00310-4 F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\1232 Engineer's Estimate and Itemized Bid Schedule 5-4-15 - ADDENDUM _1 10-19-15 ITEMIZED BID SCHEDULE *ADDENDUM 1 10-21-15 PROJECT NAME: 1ST STREET S.W. AND 43RD AVENUE INTERSECTION IMPROVEMENTS IRC PROJECT NO: 1232 , BID NO. 2016002 BIDDERS NAME: .-x;., s..- _ --E. •"9`� - _ - 1 m`No� •=,�- to :.� ti'•s'_rJ.z: ^, �:iw- __ - --o....:,-_'_r.F� r.-- - - ,�t��- - -- �.1. �.r° _.-f'::.'=-3''ari - - �.i __ _ "-•.1-.!' �- c. `'' - t�;: _ - Des n i` n• : _�`- _-i;~ai_�.. c pto.._.._.,��,_x.�._t;.,..::.'z:._,:...-----._--,._ ''>`r:�:._-.,=s=_1Quantify`=U •ee': _et,.':;�a. - - t _ _ _ �n' ►t Irn-_., _ st3� - _ _ _ r-.=' �c - .'UnifQrice`:` _ ::3•.._ "_ •�c�t._.^_--% _ _ : _:�_ ..,.._..dmount����;:•�,. 440-73-3 UNDERDRAIN, OUTLET PIPE, (8" PVC) (NON -PERF.) 56 LF 28 75 1,610 00 520-1-10 CONCRETE CURB & GUTTER (TYPE F) 1,470 LF 18.85 - 27,709.50 522-2 CONCRETE FOR SIDEWALK (6" THICK) 831 SY 74.95 62,283.45 527-2 DETECTABLE WARNINGS 320 SF 37 40 11,968.00 530-3-4 RIPRAP, RUBBLE, F&I (DITCH LINING) 202 TN 120.00 24,240.00 570-1-2 PERFORMANCE TURF, SOD (BAHIA) 9,047 SY 3.15 28,498.05 570-1-2A PERFORMANCE TURF, SOD (FLORATAM) 556 SY 4.05 2,251.80 700-1-12 SINGLE SIGN POST, F&I GROUND MOUNT, UP TO 12 SF 4 AS 269.50 1,078.00 700-1-50 SINGLE SIGN POST (RELOCATE) 5 AS 192.50 962.50 700-1-60 SINGLE SIGN POST (REMOVE) 9 AS, 5.50 49.5d 706-3 RETRO -REFLECTIVE PAVEMENT MARKERS (AMBER / AMBER) 222 EA 4.40 976.80 706-3A RETRO -REFLECTIVE PAVEMENT MARKERS (WHITE / CLEAR) 8 EA 4.40 35.20 711-11-123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12", FOR CROSSWALK 894 LF 2.30 2,056.20 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24", FOR STOP LINE 190 LF 3.60 684.00 711-11-151 THERMOPLASTIC, STANDARD, WHITE, DOTTED/GUIDELINE/6'-10' GAP EXTENSION, 6" 736 LF 1.05 772.80 711-11-170 THERMOPLASTIC, STANDARD, WHITE, ARROW 6 EA 99.00 594.00 711-11-224 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR DIAGONAL 270 LF 3.05 823.50 711-16-111 THERMOPLASTIC, STANDARD, WHITE, SOLID, 6" 4,557 LF 1.05 4,784.85 711-16-211 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6" 5,150 LF 1.05 5,407.50 711-16-231A THERMOPLASTIC, STANDARD, YELLOW, SKIP, 6" (6'-10') 764 LF 1.05 802.20 1080-14 UTILITY FIXTURES, RELOCATE (WATER METER) 3 EA 1,074.00 3,222.00 1644-800 FIRE HYDRANT, RELOCATE 3 EA 2,480.00 7,440 00 SUB -TOTAL OF ROADWAY IMPROVEMENTS $1,915,160.00 00310-5 F \Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents11232 Engineer's Estimate and Itemized Bid Schedule 5-4-15 - ADDENDUM 1 10-19-15 ITEMIZED BID SCHEDULE *ADDENDUM 1 10-21-15 PROJECT NAME: 1ST STREET S.W. ANb 43RD AVENUE INTERSECTION IMPROVMENTS IRC PROJECT NO: 13D2,BID NO. 2016002 BIDDER'S NAME: 00310-6 p\Pymmwomu\Ewo/wssn/woDIVISION PROJECTS 1u32'1mmov43rd Ave Intersec Imvm"momirrmmoocomums\Mame,Contract nocvmentsnom SIGNALIZATION 'G3O'2'11 CONDUIT UNDER G )]y D 2" PVC 130 LF 10.70 1.391.00 630-2-14 CONDUITABOVE GROUND 2" PVC 80 LF 18.40 1.472l0 632'7'1 SIGNAL CABLE 1 p| 7,730 00 7.730.00 634-4-153 SPAN WIRE ASSEMBLY 1 P| 5.159.00 5.159.00 635'2-11 PULL BOX 9 EA 552.10 5.058.80 639'1413 POWER SERVICE OVERHEAD 1 AS 1.435.50 1.435.50 630-2'1 SERVICE WIRE 100 LF 2.20 220%0 641-2-16 CONCRETE STRAIN POLE 42' 1 EA 8.801.00 8.801.00 641-2-16 A CONCRETE STRAIN POLE 46' 3 EA 10.230.00 30.680.00 646-141 ALUMINUM PEDESTAL 4 EA 1.199.00 4.790.00 8504-312 SIGNAL HEAD, 12", 3 -SEC, 1 -WAY W/LED & TUNNEL VISOR 4 AS 1,188 00 4.752.00 850'1-512 SIGNAL HEAD, 12", 5 -SEC, 1 -WAY W/LED & TUNNEL VISOR 4 AS 1.600.00 0.424D0 653'192 PEDESTRIAN SIGNAL HEAD COUNTDOWN TWO WAY 4 AS 1.155.00 4.620.00 660'441 VIDEO VEHICLE DETECTOR CABINET EQUIPMENT 1 EA 5.737.50 6.737.50 660-4-12 4 CAMERA OVERHEAD VIDEO DETECTOR SYSTEM 1 EA 26.339.50 20.339.50 665-1'11 PEDESTRIAN DETECTOR 8 EA 220.35 /7{a.1 177-6448 670'5-110 CONTROLLER CABINET ASSEMBLY, ECONOLITE 1 AS 29.029.00 28.029.00 684-1-1 FIBER OPTIC ETHERNET SWITCH 1 EA 4.031.00 4.031.00 684'6'11 ETHERNET ACCESS POINT RADIO PAIR (SEE GENERAL NOTE #10) 1 EA 325.05 325.05 685'106 TRAFFIC SIGNAL UNINTERRUPTIBLE POWER SOURCE (ALPHA MODEL FXM 2000 & CABINET) 1 EA 7.914.50 7.914.50 686'101 \ CCTV CAMERA (BOSCH 800 SERIES) 1 .EA 8.388.50 e.308.50 700'841 INSTALL OVERHEAD D3 SUPPLIED BY COUNTY 4 EA 125.95 503.00 00310-6 p\Pymmwomu\Ewo/wssn/woDIVISION PROJECTS 1u32'1mmov43rd Ave Intersec Imvm"momirrmmoocomums\Mame,Contract nocvmentsnom ITEMIZED BID SCHEDULE *ADDENDUM 1 10-21-15 PROJECT NAME: 1ST STREET S.W. AND 43RD AVENUE INTERSECTION IMPROVEMENTS IRC PROJECT NO: 1232 , BID NO. 2016002 BIDDER'S NAME: `.No:��,• Rein..- ,._ ..__,.., _� n�'W Des`n��tio - `=�" _ c . p n��t �:�'�'�=.._.,..._._.:...r.=�.-...� .:�__s �>_ _ _�.:......._. � .. - uan .:4 fitY, 1Jn t .. 'i ..,Unit nce . . i. a.. "P' oun -�" . :: -A t-_ :�._• - - _ ,.. — , 715-1-11 LIGHTING CONDUCTOR 325 LF 3.10 1,007.50 715-5-11 LUMINAIRE & BRACKET ARM 4 EA 1,303.50 5,214.00 SUB -TOTAL OF SIGNALIZATION IMPROVEMENTS (1751c13(79,SS $4-7.5;804:--5- FORCE ACCOUNT 100,000.00 TOTAL PROJECT BID (INCLUDING FORCE ACCOUNT) 1ST STREET S.W. AND 43RD AVENUE INTERSECTION IMPROVEMENTS TOTAL 2490;964-A5 TOTAL PROJECT a/;1190196.55" BID AMOUNT IN WORDS Two million, one hundred ninety thousand, nine hundred sixty four dollars and fifteen cents NOTE: IF THERE ISA DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS1 AND THE ITEMIZED BID SCHEDULES BID DOCUMENTS WILL GOVERN. LS=Lump Sum LF=LInear Foot EA=Each SY=Square Yard CY=Cublc Yard SF=Square Feet TN=Ton AS=Assembly PI=Per Installation PD=Per Day 00310-7 F.1Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents'Master Contract Documents\1232 Engineer's Estimate and Itemized Bid Schedule 5-4-15 - ADDENDUM 1 10-19-15 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule' A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be Tess or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid. A. Itemized Bid Schedule; B. Required Bid security in the form of Bid Bond C. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure Of Relationships; D. Sworn Statement Under the Florida Trench Safety Act; E. Qualifications Questionnaire; F. List of Subcontractors; [The remainder of page intentionally left blank] 00310-8 00310 - Bid Form REV 04-07 F:\Public Works\ENGINEERING DIVISION PROJECTS11232-1st St SW_43rd Ave Inters et Improv Admim)bid documents\Master Contract Documents \1x1310- Bid Form REV 04-07.doc 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on November 4, , 20 15. State Contractor License No. GCG1522900 CUC1225110 If Bidder is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: Email: FAX No.: A Partnership Partnership Name: (SEAL) By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No.: Email: A Corporation LLC Corporation Narne: Blue Goose Construction LLC State of Incorporation: Florida Type (General Business, Professional, Service, Limited Liability): LLC By: (SEAL) (Signature -- attach evidence of authority to sign) Name (typed or printed)* Scott Holmes Title: Vice President / GM Attest et • (Sfig• -te o Corporate etre..ry) Business address' 9901 Okeechobee Road Fort Pierce, FL 34945 (CORPORATE SEAL) Phone No.: (772)461-3020 FAX No.:(772)468-4669 Email: sholmesbluegooseconstniciion corn Date of Qualification to do business is 5/2000 00310-9 00310 - Bid Pone REV 04-07 FS?uNlc Wod.s1ENGINEERING DWISION PROJECTS11232 1et 51 SW_43rd Ave Inle;sec Irrprrn Mr, irnlblc docurren;slM3ster CoY.recl Docum:rls100310 Bid Form REV 01 07.doc A Joint Venture Joint Venture Name. (SEAL) By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed). Title. Business address Phone No.• Email: FAX No. Joint Venture Name (SEAL) By: (Signature — attach evidence of authority to sign) Name (typed or printed): Title Business address Phone No.: Email. FAX No.: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturor must sign The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) **END OF SECTION** 00310-10 00310 - Bid Form REV 04-07 F -\Public Works\ENGINEERING DIVISION PROJECTS V1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00310 - Bid Form REV 04-07 doc Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 ADDENDUM NO. 1 Date: October 21, 2015 Project Name: 1st STREET S.W. AND 43RD AVENUE INTERSECTION IMPROVEMENTS BID NO. 2016002 PROJECT No. 1232 Bid Opening Date: The Bid Opening date Wednesday, October 28, 2015 at 2:OOpm Bid is hereby amended to Wednesday, November 4, 2015 at 2:OOpm TO ALL PROSPECTIVE BIDDERS: TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to the Purchasing Department in writing at purchasing@ircgov.com. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten (10) calendar days prior to the date for opening of Bids shall not be answered (Deadline Sunday, October 25, 2015 by Midnight). Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will not be opened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. QUESTIONS AND RESPONSES: Page 1 of 11 F\Public Worts\ENGINEERING DIVISION PROJECTS\ I 232-Ist St SW_43rd Ave Intersec Improv\Admim\Addendums\Addendum No. 110.21-l5.doc QUESTION NO. 1 How much would the County charge for county staff & and or third party inspectors to work outside the normal working hours if work outside the normal working hours was granted by the county? ANSWER NO. 1 Hourly rates for County Staff outside normal work hours vary. The maximum rate would be $50.00 per hour for County Staff. Testing or other outside inspections would be assessed to the Contractor as billed to the county. QUESTION NO. 2 SC4.02 Indicates that the County did not rely on any Roadway Soil Survey, is there soil borings for this project? ANSWER NO. 2 Soil borings are not available for this project. QUESTION NO. 3 Is the Contractor responsible for performing soil borings? ANSWER NO. 3 The Contractor is not responsible for obtaining soil borings. QUESTION NO. 4 Is the Contractor responsible for hiring a third party geotechnical engineer to oversee construction and test per FDOT standards? ANSWER NO. 4 (See SECTION 00800 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS, SC -13.03) Page 2 of 11 F\Public Works\ENGINEERING DIVISION PROJECTS \I232 -1st St SW_43rd Ave Intersec Improv\Admim\Addendums\Addendum No 1 10-21-15 doc QUESTION NO. 5 Article 4.03 indicates there may be Hazardous Subsurface Conditions, are these reports available? If so where can these reports be viewed? ANSWER NO. 5 The are no reports available that address hazardous subsurface conditions. QUESTION NO. 6 Will Videoing and Laser Profiling of the drainage be required per 2015 FDOT specifications? ANSWER NO. 6 Videoing and laser profiling will be required in accordance with Section 430 of the FDOT Standard Specifications for Road and Bridge Construction 2015. QUESTION NO. 7 If so will the slotted pipes and/or underdrains have to be videoed? ANSWER NO. 7 Videoing and laser profiling will be required for slotted pipes (not underdrains) and shall be done in accordance with Section 430 of the FDOT Standard Specifications for Road and Bridge Construction 2015. QUESTION NO. 8 Will the MOT plan have to be signed and sealed by a Professional Engineer Licensed in the state of Florida? ANSWER NO. 8 Please refer to Appendix C, Indian River County Traffic Engineering Division Special Conditions for Right -of Way Construction of Traffic Control Plan (TCP) requirements, in the Contract Documents. Page 3 of 11 F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st!St SW_43rd Ave Intersec Improv\Admim\Addendums\Addendum No. 1 10.21-15.doc QUESTION NO. 9 Can the Contractor close 1st ST east and west of 43`d to "local traffic only", maintaining continuous vehicular traffic to those local residents in that work area? ANSWER NO. 9 Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 1st Street S.W. and 43rd Avenue at all times for all traffic. QUESTION NO. 10 Article 1.2 of the Technical Specifications states that the Long Term and/or Short term dewatering permit will be required, St Johns no longer requires this form, and could you please specify the form that is required? ANSWER NO. 10 The form RDS -50 is no longer required by the state nor the requirements of Consumptive Use. The Contractor shall comply with all Federal, State, and local permit conditions for all offsite discharge. QUESTION NO. 11 During water quality sampling if contaminants are encountered will this be viewed as an unforeseen condition and paid as a change order? ANSWER NO. 11 No, if contaminants are encountered during water quality sampling, the County will contact the appropriate agencies to evaluate the contaminants. The Contractor must demonstrate that an undisputed contaminate exists which will require clean up. QUESTION NO. 12 Will recycled concrete aggregate i.e. 57 stone, Rip Rap Rubble be allowed for use on this project? ANSWER NO. 12 Recycled concrete for bedding stone, course aggregate, and rock rubble will be allowed, however, the material will be required to be in accordance with Section 530 of the FDOT Standard Specifications for Road and Bridge Construction 2015. Page 4 of 11 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-Ist St SW_43rd Ave Intersec Improv\Admim\Addendums\Addendum No. 1 10.21-15.doc QUESTION NO. 13 1 Does the Rip Rap Rubble have to be FDOT certified from a FDOT Certified Pit? ANSWER NO. 13 The Rip Rap Rubble does not have to be from a FDOT certified pit. However, the material will be required to be in accordance with Section 530 of the FDOT Standard Specifications for Road and Bridge Construction 2015, free from metals and rebar and approved by the Engineer as part of the shop drawing submittal process. QUESTION NO. 14 What are the limits of clearing? Does it include the temporary 10' area? ANSWER NO. 14 The limits of clearing shall be within the limits of the right-of-way and limited to only the area which is necessary to construct the project. Also, the limits of clearing within the temporary Construction Easements shall be limited to only the area which is necessary to construct the project. QUESTION NO. 15 What is the extent of the "Full Depth Pavement Removal"? The plan legend is not clear on the copy I have? ANSWER NO. 15 The "Full Depth Pavement Removal" in the legend on Sheets 12 through 16 of the Construction Drawings is in error and shall be disregarded on Sheets 12 through 16 of the Construction Drawings. QUESTION NO. 16 Where does the "Overbuild" go? ANSWER NO. 16 The overbuild shall be placed in the intersection of 1st Street S.W. and 43rd Avenue as required for the plateauing of the intersection. Page 5 of ll Y\Public Works\ENGINEERING DIVISION PROJECTS\1232-Ist:St SW_43rd Ave Intersec Improv\Admim\Addendums\Addendum No. 1 10.21-15.doc QUESTION NO. 17 Can the existing pavement and base be utilized as stabilization material? ANSWER NO. 17 The existing pavement and base may be utilized as stabilization material. However, the material will be required to be in accordance with Section 160 of the FDOT Standard Specifications for Road and Bridge Construction 2015 and as modified by the Technical Specifications in the Contract Documents. QUESTION NO. 18 Can 1st Street be completely closed during construction except for local traffic? ANSWER NO. 18 Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 1St Street S.W. and 43rd Avenue at all times. QUESTION NO. 19 The bid tabs contained within the specification package describe pay item 630-2-14 as "Conduit above Ground 2" PVC". Is it intended for this to be PVC or Rigid Metallic Pipe? ANSWER NO. 19 The risers are intended to be ridged conduit. QUESTION NO. 20 Are the span wire mounted disconnect hangers going to require Pivotal Hangers or just what is detailed in the plans? ANSWER NO. 20 The disconnect hangers are not required with pivotal hangers, install per plan. Page 6 of 11 F -'Public Works\ENGINEERING DIVISION PROJECTS \1232-Ist St SW_43rd Ave lntersec lmprov\Admim\Addendums\Addendum No. 1 10.21-I5.doc QUESTION NO. 21 What type of conductor wire is required for the sti-eet lights mounted on the concrete traffic signal poles? Can this be free swinging #6 Aluminum Duplex attached to the top eye bolt of each pole? ANSWER NO. 21 Wire type: IMSA 19-1, 3 conductor, AWG #12 with the use of 200 watt luminaires. I.R.C. cannot accept free swinging duplex on this project. QUESTION NO. 22 What length street light arm is required? ANSWER NO. 22 8 Foot luminaire arms. QUESTION NO. 23 Is it the intent of the project to utilize the street Tight arms to mount the video detection cameras? ANSWER NO. 23 The video detectors will not be mounted to the luminaire arms. Indian River County requirement is side mount pole installation. QUESTION NO. 24 Would it be possible to get a copy of the bid items and quantities sheets in Excel format? ANSWER NO. 24 It is the Public Works Engineering Division's policy to not provide the bid items and quantities sheets in Excel format. Page 7 of 11 F.\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\Addendums\Addendum No. 1 IO-21-15.doc QUESTION NO. 25 Is it possible to provide any information regarding pay item 684-6-11 (ITS Delta 1000 Radio Communication Link)? Who sells it, cut sheets...etc.? ANSWER NO. 25 Express Supply, Inc. Phone 407 497-8614 Web expresssupply.net Email info@expresssupply.net QUESTION NO. 26 In regards to pay item 684-6-11, the plans call out ITS Delta 1000 or approved equal. A material vendor is asking if a unit by Proxim Radio is acceptable. ANSWER NO. 26 Proxim Radio will not be accepted. However I.R.C. will accept on this project, Ubiquiti Network, NanoStationM, Model IocoM2, with wall/pole mount kit. QUESTION NO. 27 I am not clear on what pavement is "Full Depth Removal" and what is "New Pavement"? The cross sections seem to show all pavement and base as new. Indicating that all of the existing pavement and base will be removed. Please clarify. ANSWER NO. 27 The "Full Depth Pavement Removal" in the legend on Sheets 12 through 16 of the Construction Drawings is in error and shall be disregarded on Sheets 12 through 16 of the Construction Drawings. QUESTION NO. 28 I did not see the following items on the bid form and wanted to know where we are to include them Closed Flume Inlets Structures 20, 30 and 37 Yard Drain Structure 33 ANSWER NO. 28 These items have been added to the Itemized Bid Schedule and the Quantities Summary. See the revised Itemized Bid Schedule attached. Page 8 of 11 F\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec ImprovWdmim\Addendums\Addendum No. 110.21-IS.doc QUESTION NO. 29 Just wanted to confirm that final payment will be based on in place field measured quantities at the established unit cost. ANSWER NO. 29 Final payment will be based on in place field measured quantities at the established unit cost. Final Payment is covered in Section 00520, Article 6 -Payment Procedures on page 3 and Section 00700 General Conditions Article 14, Section 14.07 on page 42. QUESTION NO. 30 Is there an area that the County owns that can be used for staging materials near this site? Or does the County have a suggestion for a staging area? ANSWER NO. 30 The County does not suggest or provide staging areas for projects. QUESTION NO. 31 When is the last day for asking questions? ANSWER NO. 31 The last day for questions was October 18, 2015 at midnight. QUESTION NO. 32 How does the county anticipate the Contractor to maintain traffic control? ANSWER NO. 32 Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 1St Street S.W. and 43rd Avenue at all times for all traffic. (See Section 00102 MAINTENANCE OF TRAFFIC, Division 2 Technical Provisions of the Contract Documents. Page 9 of 11 F\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\Addendums\Addendum No. 110.21-15.doc QUESTION NO. 33 What are the minimum temporary lane widths required? ANSWER NO. 33 The minimum temporary lane width is 10 feet. QUESTION NO. 34 Can the road be closed in sections to have "local traffic only"? ANSWER NO. 34 Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 1st Street S.W. and 43rd Avenue at all times for all traffic. QUESTION NO. 35 How come a project of this nature did not have a pre-bid? ANSWER NO. 35 The County does not require pre-bid meetings on projects of this size. ATTACHMENT: Revised Itemized Bid Schedule Revised Sheet 8, Quantity Schedule, of the Construction Drawings. Page 10 of 11 F -\Public Works\ENGINEERING DIVISION PROJECTS\1232-Ist St SW_43rd Ave Intersec ImprovWdmim\Addendums\Addendum No. 1 10.21-15.doc ADDENDUM NO. 1 PROJECT: 1st STREET S.W. AND 43RD AVENUE INTERSECTION IMPROVEMENTS BID NO.: 2016002 PROJECT No.: 1232 *****This Addendum MUST be completed and returned with your Bid********** ADDENDUM NO. 1 is submitted by 7/ ><- Michael cMichael D. Nixon, P.E., Roadway Production Manager and Company Name Blue Goose Construction LLC de, Purchasing Manager Name: Scott Holmes Title: President / GM (Type / Printed) Authorized Signature: Date: 11/4/15 Telephone: (772)461-3020 Page 11 of 11 Fax: (772)468-4669 F:1Public Works'ENGINEERING DIVISION PROJECTS11232-Ist St SW_43rd Ave lnrersec Improv NAdmimWddendums\Addendum No. I IO-21-15.duc A310TM - 2010 Bid Bond CONTRACTOR: (Name, legal status and address) BLUE GOOSE CONSTRUCTION LLC 9901 OKEECHOBEE ROAD, FT PIERCE, FL 34934 spy. WESTERN SURETY COMPANY 333 WABASH AVENUE CHICAGO, IL 60604 OWNER (Name, legal status and address) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1801 27T1-1 STREET VERO BEACH FL 32960 BONDAMOUNT: $ FIVE PERCENT OF THE BID AMOUNT (5% OF BID AMOUNT) PROJECT: (Name, location or address, and Project number, if any) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. PROJECT NO 1232; BID NO 2016002; 1st STREET S.W AND 43rd AVENUE INTERSECTION IMPROVEMENTS The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 28TH day of OCTOBER, 2015 Lemvu-- Condpuo- (tress) KANANI CORDERO Conforms with The American Institute of Architects AIA Document A310 BLUE GOOSE CONSTRUCTION LLC ( () 11 �Q 3/ta- ( c L Cv / i ` ,1 .G f'k¢ i LGA WESTERN SURETY COMPANY (Scorn) Atr-A- (Tde) BRETT A. RAGLAND, ATTORNEY-IN-FACT () Western Surety Company NAIC. 13188 POWER OF.ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Deidre Ann Sullivan; Joseph D Johnson Jr, Francis T 0 Reardon; Brett A Ragland, Joseph D Johnson III, Individually of Orlando, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 15th day of June, 2015. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aul T Bruflat, Vice President On this 15th day of June, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires February 12, 2021 +....•....M..MrAM....w\Nr• f S. ETCHira; NOTARY Pueuc • SOUTH DAKOTA'Ji• CERTIFICATE &AA S. Eich, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 28th day of October , 2015 • Form F4280-7-2012 WESTERN WESTERN SURETY COMPANY 2.4.62-1771-..." L. Nelson, Assistant Secretary 4 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall•be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. SECTION 00452 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Project No. 1232 for 1st Street S.W. and 43rd Avenue Intersection Improvements 2. This sworn statement is submitted by: Blue Goose Construction LLC (Name of entity submitting Statement) whose business address is: 9901 Okeechobee Road Fort Pierce, FL 34945 3. My name is Scott Holmes (Please print name of individual signing) and my relationship to the entity named above is Vice President / GM 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. 00452-1 F \Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00452 Disclosure of Relationships.doc The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee None (Signature) 11/4/2015 (Date) STATE OF Florida COUNTY OF St Lucie The foregoing instrument was acknowledged before me this 4 day of November , 20 15, by Scott Holmes who is personally known to me as identification. Cocas Roos HEM NOTARY PUBLIC STATE OF FLORIDA Carenit FF244966 Expires 8/29/2019 00452-2 NOTARY PUBLIC SIGN: „((`i�� PRINT: l_eCt\+C-(-N • or who has produced Notary Public, State at large My Commission Expires: (Seal) F:\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documentsWlaster Contract Documents\00452 Disclosure of Relationships.doc SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. 1. This Sworn Statement is submitted With Project No. 1232 for 1st Street S.W. and 43rd Avenue Intersection Improvements 2.. This Sworn Statement is submitted by Scott Holmes Blue Goose Construction LLC (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER's address is 9901 Okeechobee Road Fort Pierce, FL 34945 BIDDER's Federal Employer Identification Number (FEIN) is 47-1578051 3. My name is Scott Holmes and my relationship to the BIDDER (Print Name of Individual Signing) is Vice President / GM (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et.seq. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of $ 5,000.00 based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: Trench box The determination of the appropriate,method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 7. The BIDDER has allocated and included in its bid the total amount of $ 10,000.00 based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: Sheet pile 00454 - Florida Trench Safety Act - REV 04-07 00454 - 1 F:\Public WoricslENGINEERING DIVISION PROJECTS\1232-1stSt SW_43sd Ave Intersec Improv1Admim\bid documents Waster Contract Documents \00454 - Florida Trench Safely Act - REV 04-07.doc The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the -Trench -Safety Standards: 8. heTrench-Safety-Standards.- 8. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: Blue Goose Construction LLC By: Scott Holmes Position or Title: Vice President / GM Date: 11 /4/2015 STATE OF Florida COUNTY OF St Lucie Personally appeared before me, the undersigned authority, Scott Holmes who after first being sworn by me, affixed his/her signature in the space provided above on this 4 day of November , 20 15 c -n-- Notary P blic, State at large My Com ission Expires: **END OF SECTION** Coda Ross Wt NOTARY PUBLIC STATE OF FLORIDA Como* FF244968 Expires 6/29/2019 00454 - Florida Trench Safety Act - REV 04-07 00454 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS V1232 -1st St SW_43ra Ave Intersec Improv\Admimlbia oocunenlsWaster Contract Docurnents\00454 - Florida Trench Safety Act - REV 04-0; .doc 11 SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure t0 Comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No: 1232 Project Name: 18t Street S.W. and 43'd Avenue Intersection Improvements 1. Bidder's Name / Address: Blue Goose Construction LLC 9901 Okeechobee Road Fort Pierce, FL 34945 2. Bidder's Telephone & FAX Numbers: (772)461-3020 Fax (772)468-4669 3. Licensing and Corporate Status: a. Is Contractor License current? Yes b. Bidder's Contractor License No: CGC1522900 [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida- Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 15 years 5. What is the last project OF THIS NATURE that the firm has completed? FOA - The City of Fellsmere, Florida Organic Aquaculture, Entrance Drives, see attached FOA project Ref Sheet. St. Lucie and Indian River County Continued Service Contracts see attached project ref sheets 6. Has the firm ever failed to complete work awarded to you? No [If your answer is 'yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been 'charged by OSHA for violating any OSHA regulations? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 00456 - Qualifications Questionnaire.doc 00456 -1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SIN 43rd Ave Intersec Improv\Admlmlbld documents\Master Contract Documents\00456 - Qualifications Ouestionnaire.doc 9. Has the firm ever been charged with noncompliance of any public policy or rules? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.) 10. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 11. Has the firm ever defaulted on any of its projects? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 12. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. see attached 13. Name of person who inspected the site of the proposed work for the firm: Name: Steve Bush and Bryan Crain Date of Inspections: 10/20/15 14. Name of on-site Project Foreman: Bryan Crain Number of years of experience with similar projects as a Project Foreman: 10 + years 15. Name of Project Manager: Steve Bush Number of years of experience with similar projects as a Project Manager: 30+ years 16. State your total bonding capacity: See attached letter from bonding company 17. State your bonding capacity per job: See attached letter from bonding company 18. Please provide name, address, telephone number, and contact person of your bonding company: Johnson and Company Brett Ragland (407)843-1120 801 N. Orange Ave Suite 510 Orlando, FL 32801-5202 [The remainder of this page was left blank intentionally) 00456 - Qualifications Questionnaire.doc 00456 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\Dia dac:xnents\Master Contract Documents100456 - Qualifications Questiomaire.doc 19. Complete thei following table for SIMILAR projects: Name of Project Date Completed Owner Contact Person: Name/ Email Address/Phone Original Contract Amount Final Contract Amount See attached previous project reference sheets 00456 - 3 F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW 43rd Ave Intersec Improv1Admim\bid documents\Master Contract Documents100456 - Qualifications Questionnaire.doc 00456 - Qualifications Questionnaire [NOTE: If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a cgut tor.] By: (Signature) Vice President / GM (Position or Title) 11/4/2015 **END OF SECTION** (Date) 00456 - Qualifications Questionnaire.doc 00456 - 4 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Ataster Contract Documents1OD456 - Qualifications Questionnaire.doc STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 HOLMES, ROBERT SCOTT BLUE GOOSE GROWERS, LLC 2751 TALL PINE STREET FORT PIERCE FL 34945 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong Every day we work to improve the way we do business in order to serve you better For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is. License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE RICK SCOTT, GOVERNOR STATE OF FLORIDA :�. DEPARTMjb1 OD : 'BUSINESS AND PROF ULATION_ CGC15229.00 Y .01/20/2.05 i' rte: -GyERTI FI ED -G J fCMESLR0 BLS o S I 10 G ItF EB6.5 T:der-�proTiisian=o` ti'489�5� �'+e�eenr<vx� --yr,r.�a.sc xaa.s�_sxe: KEN LAWSON, SECRETARY :UJFeNSE. NUMBER' - - STATE OF FLORIDA - : •• • DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION c i'RuCrIoN;INQUSTRYiIGF�NSING'BOAiZD • dt�y�~�_thflow-SERGEC---.- � thep>--isefr�o#C'haTDr-F5� '::- ;'� atoridet—l4-3i^-20.8`1;f-r.,;` \ .1- 1 I. ._ Ali - C'e. ��'► icciu n nlonr?mc fISPI AV AS RFC'I IIRFf RY I AW SEC) # L1501200000531 "STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET. TALLAHASSEE FL 32399-0783 HOLMES, ROBERT SCOTT BLUE GOOSE CONSTRUCTION LLC PO BOX 14709 FORT PIERCE FL 34979 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong Every day we work to improve the way we do business in order to serve you better For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and leam more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! STATE OF FLORIDA 'DEPARTMENT OF BUSINESS AND PROFES.SI �`t�t%CEREGULATION CUC1.225110 ;/�.:4ISSU[ E.08/20/2014 • �. ► K C,ERT-UNDERiG�I g_VJ :8, E4.0 VSE TR H0LMES;_RO tt� f=sSCD.TTs t ::BLUE GOOSELKCI ;aTIQN!LLE4r. • • '/IS,CERTIF•IED`under_the pre sion's`of. c.h-489 Fs-: %pirajio ate Al�G31.-2016 ^-�•' _ -_11 4 082000 01 950 - DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE' NUMBER :C 1225110 � -- -• . .... _. The UNDERGROUND UTILITY & EXCAVATION C --- Named below IS CERTIFIED_ _ _ . i - Under the provisions of Chapter 489 FS Expiration -date. AUG 31, 2016 -. - ` • ;HOLMES,-ROBERT SCOTT-" (.• " i • "..BLUE.GOOS_E_CO.NSTRUCATION 990'1.OKEECHOBEE ROD•--�---- FORT FIERCE =r • • STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 HOLMES, ROBERT SCOTT BLUE GOOSE CONSTRUCTION LLC PO BOX 14709 FORT PIERCE FL 34979 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives Our mission at the Department is. License Efficiently, Regulate Fairly We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! RICK SCOTT, GOVERNOR • DETACH HERE rsen..s,,tn.4w---s.e..�..�.c_�.�.u� STATE OF FLORIDA DEPARTMENT QE- BUSINESSAND ' -'. PROFES - I VA REGULATION PCC056727 -, 08/20/2014 CERT POLLU ; - ORAG�F�S�;SlgONTR HOLMES;ROBEM SGCi,� 4.'*' j - BLUE••GOOSE+.this-t-§1 01.7 Lbd ." _ - -_ _-,, ti -te,_y,y 17�+.. • is ERTit.' D:'under tie r-avrei0nso>: Ch 489 FS jExpirationadte"'AUG%.206— � -'- C1408200001992 - KEN LAWSON, SECRETARY STATE QF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTR•Y LICENSING BOARD The POLLUTANT STORAGE SYSTEMS CO_ NTRACTORZ- Named•below IS CERTIFIED Under the "provisioris.of Chapter 489 FS. Expiratio"n date -AUG 3t 2016 ' • HOLMES; ROBERT SCOTT - -'` — `-ti '_-• ,� - BLUE: GQOSEGONSTRua-Fl tVLLC- : , '•`-.\ I-- -- 9901' OKEECHOBEE.-ROAD. .�...•._—;_-``'~`-~ ,'..'-''.. \_. - - FORT PIERCE FL_3j946'-�-- ';`.4 -.TN' . _1\ .- ISSUED 08/2012014 DISPLAY AS REQUIRED BY LAW SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. 1232 for 1st Street S.W. and 43rd Avenue Intersection Improvements. Work to be Performed Subcontractor's Name/Address Betsy Lindsay 1. Survey & Asbuilts 7997 SW Jack James Drive Stuart, FL 34997 Ranger Construction 2. Paving 101 Sanbury Way West Palm Beach, FL 33411 Mosley & Son Construction 3. Cone Curb & Sidewalk 1400 SE Monterey Road Stuart, FL 34994 Nature's Keeper Inc. 4. Sodding 3795 Sneed Road Fort Pierce, FL 34945 Traffic Management Solutions, Inc. 5. Signalization 2720 NW 55th Court Ft. Lauderdale, FL 33309 Clear Zone Maintenance, Inc. 6. Clearing 7300 4th Street Vero Beach, FL 32968 Acme Barricade 7. Maintenance of Traffic 9800 Normandy Blvd. Jacksonville, FL 32221 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Note: Attach additional sheets if required. * * END OF SECTION ** 00458 - List of Subcontractors REV 04-07.doc 00458 - 1 F:1Public WorksIENGINEERING DIVISION PROJECTS11232-151 St SW 43rd Ave Intersec Improv .Admim\bid dowments\Master Contract Documents\00458 - List of Subcontractors REV 04-07.doc Blue Goose Construction Heavy Clril 1 Underground Utilities I Complete Site Development / Marine State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 November 4, 2015 Re: Ability to meet schedule Current Projects: C-44 Reservoir - $100,000,000.00 value - 21% SJRWMD - $2,200,000.00 value - 50% complete Fort Pierce Utilities - $185,000.00 value- 85% complete FPL Sanford Plant- $1,500,000.00 value - 98% complete City of PSL emergency underground contract — 1.5 years remaining Indian River County emergency underground contract — 1 year remaining Project Management Personnel - We currently have a project manager and 2 foremen that will be available from our FPL Sanford project that will be complete by 11/17. Additionally two" of our personnel function as Estimators / Project Managers and both are available for Project manager roles is required. Work Force — Some personnel are available to be utilized from non - critical path items currently being worked on the C-44 reservoir, additionally our workforce fluctuates throughout the year and our HR department is equipped to deal with the fluctuations. We currently have 100+ employees on staff. Equipment Resources — Based on our in house / long term lease / and rented equipment our equipment mangers have the ability to adjust to changing requirements for aggressive schedules and emergency projects. We currently have approx. 150 pieces of equipment in operation. Financial Resources — Attached you will find a letter from our bonding company regarding our financial backing. Blue Goose Construction has the financial backing to pursue this job as required. P 0 Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fax. (772) 468-4669 INSURANCE/SURETY BONDS JOHNSON COMPANY October 6, 2015 RE: Blue Goose Construction LLC To Whom It May Concern, Brett Ragland of Johnson and Company is the bonding agent for Blue Goose Construction LLC and has handled the bond needs of this fine company since 2006. The bonds are written through Western Surety Company (part of the CNA Insurance Group), which is A.M. Best rated A, XV and listed with the United States Department of the Treasury at $808,254,000. Although maximum limits have not been established, we would favorably consider bonds on single projects in the $90,000,000 range, with an aggregate work program in the area of $125,000,000, subject to normal underwriting requirements at the time any request is made. This letter is not an assumption of liability, nor is it a bid bond or performance bond. It is issued only as a bonding reference from us, as requested by our client. Any arrangement for surety credit is a matter between Blue Goose Construction LLC and the surety. We give Blue Goose Construction LLC our highest recommendation. If you should have further questions or require additional information, please don't hesitate to contact us. Best Regards, JOHNSON AND COMPANY 7Wk (/ Brett A. Ragland, Vice President P.O. Drawer 672 • Orlando, FL 32802-0672 • 801 N. Orange Avenue, Suite 510 • Orlando, FL 32801-5202 (407) 843-1120 (500) 331-3379 • FAX (407) 843-5772 Blue Goose Construction Heavy Civil / Underground Utilities / Complete Site Development / Marine State Certified Licensed General Contractor #CGC 1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC12251 Project Reference Sheet Project: Florida Organic Aquaculture Entrance Roads (FOA) Owner / Contact: City of Fellsmere, FL, Larry Napier (772)646-6304 FinanceDirector@CityofFellsmere.org Contract Amount: $625,867.03 Date Completion: June 18, 2015 Description: The City of Fellsmere, "Florida Organic Aquaculture Entrance Drive" Project, consisted of furnishing all labor, materials, equipment and incidentals required to construct approximately four thousand (4000) lineal feet of twenty two foot wide asphalt roadway as well as two lakes, 392± L.F. of various RCP sizes; 286± L.F. of various aluminized steel CMP sizes; four mitered ends; six Concrete Headwalls and ancillary items needed to complete the Project as Specified in the contract documents. P 0 Box 14709 * Fr Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fax (772) 468-4669 Blue Goose Construction Heavy Civil / Underground Utilities / Complete Site Development / Marine State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC122511P Project Reference Sheet Project: Water, Sewer and Reclaim Water Line Replacement/Extension & Miscellaneous Labor Owner / Contact: Indian River County/Gordon Sparks/(772)226-1823 gsparks@ircgov.com Contract Amount: Open Date Completion: Current 2015 - 2016 Description: This is a two year contract with work consisting of various water transmission and distribution, wastewater collection and reclaimed water transmission system improvements as specified. All work performed is in strict accordance with the Indian River County Department of Utility Services Water & Waste Water Utility Standards. P 0 Boy 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Far. (772) 468-4669 Blue Goose Construction Heavy Clvll / Underground Utilities 1 Complete Site Development / Marine State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 - Project -Reference -Sheet - Project: Water & Wastewater Repairs for Emergency & Non -Emergency Work Owner / Contact: City or Port St. Lucie/ Robyn Holder/(772)344-4293 Contract Amount: Open Date Completion: Current 2015-2016 Description: A 24 Month Contract in which the Project consists of furnishing all labor, material and equipment for various potable water and wastewater, including reclaimed water, system improvements at various locations and as specified in Port St. Lucie Utility Systems Department Task Orders. This work also includes above ground piping at plants. P.O Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fac• (772) 468-4669 Blue Goose Construction Heavy Civil / Underground Utilities / Complete Site Development / Marine State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 Project Reference Sheet Project: Harbor Branch Mangrove Marsh Restoration Owner / Contact: St. Lucie County, FL / Mike Keifer (772)4624700 Contract Amount: $995,287.00 Date Completion: August 2015 Description: Harbor Branch Mangrove Restoration Project is a complete hydrological reconnection and restoration of Impoundment 14C, a 178 -acre mosquito impoundment located within the Harbor Branch Preserve Project area. "Harbor Branch" Project was an extensive one of earthwork and drainage water weir culvert structure installation. It included excavation of 6,340 linear feet of Perimeter ditch and placement of the dredged fill into 3,600 linear feet of geo-tubes, reconstruction of 11,070 linear feet of textile -wrapped dike or Geo -Grid to stabilize the berm, 10,880 linear feet of Rip Rap and the installation of 18 new Weir Structure Culverts. The Culverts will provide exchange of tidewater between the estuary and the wetlands. The Harbor Branch Project proved to have many challenges for Blue Goose, construction access issues, coupled with heavy amounts or rain causing the dike soils to sink and additional fill to slough into the impoundment ditch. A geotechnical firm was brought in and necessary changes were made to complete the Project. Existing severely limited soil conditions proved difficult for installation of water control structures while at the same time maintaining dike integrity and environmental eco system stabilization. P 0 Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fax: (772) 468-4669 Blue Goose Construction Heavy Civil / Underground Utilities / Complete Site Development 1 Marine State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 Project Reference Sheet Project: Access Point 1 Owner / Contact: St. Johns River Management District, Ralph Brown (321)863-0063, rbrown@sjrwmd.com Contract Amount: $1,300,000.00 Date Completion: August 2015 Description: Constructed as the main public access point for the Fellsmere Water Management Area, the Fellsmere Waterway Crossing / Access Point One Public Access location was constructed across the main Fellsmere water Conveyance Canal by providing twin 400 linear foot long 72" diameter CAP drainage pipes with associated water control gates. These twin 72" drainage pipes were installed with associated mechanically operated gates by imbedding the basin pipes in structural high pressure concrete to prevent water piping through the structural embankment. Drainage pipes and control gates were anchored additionally with helical anchor ground penetrating devices and cabling to prevent buoyant forces from floating the pipe sections. Drainage piping section were capped with embanked structural fill and rip rap wave dispersion systems to prevent erosion along the drainage corridor. The Project was completed with staff monitoring devices that provide water control depth measurements during water management activities. This project contained a huge amount of dewatering due to an existing canal condition, drainage pipes being installed in an existing flow way while maintaining drainage as well as Targe amounts of rainfall during the project completion. P 0 Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fal. (772) 468-4669 Blue Goose Construction Heavy Civil / Underground Utilities / Complete Site Development / Marine State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 Project Reference Sheet Project: Fellsmere Water Management Area Owner / Contact: St. John's River Water Management District Ralph Brown (386)329-4469 rbrown@sjrwmd.com Contract Amount: $11,500,000.00 Date Completion: WO 1-12 Completed 10/2011 Relevancy: Clearing, Grubbing , Soil Stripping, Heavy General Excavation / Core Levee Construction, Soil Excavation Embankment and Compaction, Demolition of Farm Structures / Pump Stations, Installation of Control Structures / Water Control Flashboard Risers, Haul Road Construction / Maintenance, Seeding and Sodding, Monitoring Well Construction, Monitoring Instrumentation. Construction Description: Construction of 8 mile earthen levee around a total accumulated 10,000 acre water management area. Clearing trees, grubbing roots, stripping topsoil, prepare levee footprint, removing muck and coarse soils. Demolition of existing farm support structures and existing pump station structures. Remediation of petroleum contaminated soils associated with petroleum storage tank locations. Provided for Phase 1 and Phase 2 Remedial Action plans resulting in clean up and disposal of petroleum contaminated soils. Mixing high fines content soil (split layers) with sand to develop material for levee construction. Loading and hauling fill material, placing, spreading 12" loose lifts, disking (mix) and compacting material to specifications. Installation of sand filters drainage system into levee (toe drain). Final restoration of hauled, graded and embanked soils with Sod, Seed and Mulch including Hydroseed. Subcontract the installation of boundary monitoring wells and monitoring instrumentation associated with groundwater strata essential patterning of groundwater tables. P 0 Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Far: (772) 468-4669 Blue Goose Construction Heavy Civil 1 Underground Utilities 1 Complete Site Development 1 Marine State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 Project Reference Sheet Project: Fellsmere Water Management Area Owner / Contact: St. John's River Water Management District / Hector Herrera (386)329-4327 hherera@sjrwmd.com Contract Amount: $14,000,000.00 Date Completion: WO 13 thru 26 Completed 12/2013 Relevancy: Clearing, Grubbing , Soil Stripping, Heavy General Excavation / Core Levee Construction, Soil Excavation Embankment and Compaction, Demolition of Farm Structures / Pump Stations, Installation of Water Control Structures / Water Control Flashboard Risers, Haul Road Construction / Maintenance, Seeding and Sodding, Monitoring Well Construction, Monitoring Instrumentation. Construction Description: Construction of 6 mile earthen levee around a total accumulated 10,000 acre water management area. Clearing trees, grubbing roots, stripping topsoil, prepare levee footprint, removing muck and coarse soils. Demolition of existing farm support structures and existing pump station structures. Remediation of petroleum contaminated soils associated with petroleum storage tank locations. Installation of water control structures constructed out of cast in place concrete and steel with by-pass water systems during construction as well as erosion control placement. Mixing high fines content soil (split layers) with sand to develop material for levee construction. Loading and hauling fill material, placing, spreading 12" loose lifts, disking (mix) and compacting material to specifications. Installation of sand filters drainage system into levee (toe drain). Final restoration of hauled, graded and embanked soils with Sod, Seed and Mulch including Hydroseed. P 0 Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fay (772) 468-4669 BOARD OF COUNTY COMMISSIONERS December 15, 2015 via Email Blue Goose Construction, LLC Attn: Mr. Scott Holmes 9901 Okeechobee Road Fort Pierce, FL 34945 NOTICE OF AWARD Reference: Indian River County Bid No. 2016002 15t Street and 43r° Avenue Intersection Improvements Dear Mr. Scott: It is my pleasure to inform you that on December 15, 2015, the Board of County Commissioners awarded the above -referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Public Construction Bond (unrecorded) in the amount of 100% of the contract amount ($2,190,962.55). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance indicating coverage required by Article 5 of the General Conditions (section 00700 of the bid documents) and Supplemental Conditions (Section 00800 of the bid documents). Certificate(s) must name Indian River County as additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255.05(1)(a), Florida Statutes, you are required to execute a Public Construction Bond for the above referenced project. Please submit the Bond, the Certificate(s) of Insurance, and two fully -executed copies of the enclosed agreement to this office at the address provided below no later than Wednesday, December 30, 2015. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of award. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact our office. Sincerely, Je nif Hyde Purchasing Manager cc: Mike Nixon, P. E. Office of Management and Budget • Purchasing Division 1800 27th Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140 E-mail: purchasing@ircgov.com SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 - WORK 2 ARTICLE 2 - THE PROJECT 2 ARTICLE 3 — ENGINEER 2 ARTICLE 4 - CONTRACT TIMES 2 ARTICLE 5 - CONTRACT PRICE 3 ARTICLE 6 - PAYMENT PROCEDURES 3 ARTICLE 7 - INDEMNIFICATION 5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9 - CONTRACT DOCUMENTS 6 ARTICLE 10 - MISCELLANEOUS 7 JTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI 00520 - Agreement (Public Works) REV 06-14 00520 - 1 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWaster Contract Documents100520 -Agreement (Public Works) REV 06-14.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Blue Goose Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 'The proposed improvements to the 1st Street S.W. and 43rd Avenue intersection will consist of the reconstruction of a portion of 1st Street S.W. with the addition of left turn lanes in the east and west bound direction. 43rd Avenue will be milled and resurfaced within the intersection. Approximately 2,170 feet of 48" x 76" reinforced concrete pipe will be installed in the Indian River Farms Water Control District Canal. The work will also include; a traffic signal, four foot wide paved shoulders, curbing, and a five foot wide sidewalk along the north side of the right-of-way, signing, and pavement markings. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: 1st Street S.W. and 43rd Avenue Intersection Improvements County Project Number: 1232 Bid Number: 2016002 Project Address: 1st Street S.W. at 43rd Avenue, Vero Beach, FL ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 00520 - Agreement (Public Works) REV 06-14 00520 - 2 F:\Purchasing\Bids12015-2016 FY (2016000)\2016002 -1st Street and 43rd Avenue Intersection Improvements\00520 - Agreement (Public Works) REV 06-14.doc A. The Work will be substantially completed on or before the 180th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 210th calendar day after the date when the Contract Times commence to run. ************************************************************************************************************ 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual Toss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,742.00 for each calendar day that expires after the time specified in paragraph 4 02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,742.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ 2,190,962.55 Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6 02 Progress Payments. 00520 - Agreement (Public Works) REV 06-14 00520 - 3 F:\Purchasing\Bids\2015-2016 FV (2016000)\2016002 -1st Street and 43rd Avenue Intersection Improvements \00520 Agreement (Public Works) REV 06-14.doc A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the 00520 - Agreement (Public Works) REV 06-14 00520 - 4 F:\Purchasing\Bids\2015-2016 FY (2016000)\2016002 -1st Street and 43rd Avenue Intersection Improvements100520 - Agreement (Public Works) REV 06-14.doc eiNt CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 00520 - Agreement (Public Works) REV 06-14 00520 - 5 F:\Purchasing\Bids\2015-2016 FY (2016000)\2016002 -1st Street and 43rd Avenue Intersection Improvements\00520 - Agreement (Public Works) REV 06-14.doc i"� H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive), 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4 Sample Certificate of Liability Insurance (page 00620-1)• 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. General Conditions (pages 00700-1 to 00700-45, inclusive); 7. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 9. Drawings consisting of a cover sheet and sheets numbered 2 through 37, inclusive, with each sheet bearing the following general title: 1st Street S.W. and 43rd Avenue Intersection Improvements and T-1 through T-4 inclusive, with each sheet bearing the following general title: 1st Street S.W. and 43rd Avenue Signalization Plan. 10. Addenda (numbers to , inclusive); 11. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Fertilizer Ordinances 12. CONTRACTOR'S BID (pages 00310-1 to 00310-10, inclusive); 13. Bid Bond (page 00430-1); 14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 00520 - Agreement (Public Works) REV 06-14 00520 - 6 F:\Purchasing\Bids\2015-2016 FY (2016000)\2016002 -1st Street and 43rd Avenue Intersection Improvements \00520 - Agreement (Public Works) REV 06-14.doc li 1 vois 15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 16. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive); 17. List of Subcontractors (page 00458-1); 18. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto. a) Written Amendments, b) Work Change Directives; c) Change Order(s); 19. Contractor's Final Certificate of the Work (page 00632-1 to 00632-2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10 01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue 00520 - Agreement (Public Works) REV 06-14 00520 - 7 F:\Purchasing\Bids\2015-2016 FY (2016000)\2016002 -1st Street and 43rd Avenue Intersection Improvements \ 00520 - Agreement (Public Works) REV 06-14.doc A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) REV 06-14 00520 - 8 F:\Purchasing\Bids12015-2016 FY (2016000)12016002 -1st Street and 43rd Avenue Intersection Improvements\00520 - Agreement (Public Works) REV 06-14.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on December 15 2015 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: D Bob Solari, Chairman 1..„. . Baird, County Administrator fit __J// CONTRACTOR: ea Construction LLC EtTi tom; Attest A'PROVED AS TO FORM AND LEGAL SUFFiCJ6NCY: Dylan Reingold, County Attorney Jeffrey R. Smith, Cl -r �.F Court and Compt Attest: Iler (SEAL) Depu Designated Representative: Name: Richard B. Szpyrka, P E Title. Assistant Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 (CORPORATE SEAL) Address for giving notices: 9901 Okeechobee Road Fort Pierce, FL 34945 P.O Box 14709 Fort Pierce, FL 34979 License No. CGC1517686 (Where applicable) Agent for service of process: Scott Holmes Designated Representative: Name: Scott Holmes Title: Vice President Address: 9901 Okeechobee Road Fort Pierce, FL 34945 P.O Box 14709 Fort Pierce, FL 34979 Phone: (772)461-3020 ext 167 Facsimile: (772)468-4669 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - Agreement (Public Works) REV 06-14 00520 - 9 F:\Purchasing\Bids12015-2016 FY (2016000)\2016002 -1st Street and 43rd Avenue Intersection Improvements\00520 - Agreement (Public Works) REV 06-14.doc TO SECTION 00550 = Notice to Proceed Dated (BIDDER) ADDRESS Contract For: 1st Street S W. and 43rd Avenue Intersection Improvements IRC Project No. 1232 IRC Bid No. 2016002 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents The contract has allocated 180 calendar days for Substantial Completion of this project and 210 calendar days for Final Completion. In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) 00550 - Notice to Proceed REV 1-4-11 00550 - 1 F-\Pubtic Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\00550 - Notice to Proceed REV 1-4-11.doc Rev 05/01 00610 - PUBLIC CONSTRUCTION BOND INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. 00610 - 1 00610 - Public Construction Bond F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW213rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00610 - Public Construction Bond.doc Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 58731029 CONTRACTOR NAME: Blue Goose Construction LLC CONTRACTOR ADDRESS: 9901 Okeechobee Road, Fort Pierce, FL 34945 CONTRACTOR PHONE NO: (772) 461-3020 SURETY COMPANY NAME: Western Surety Company SURETY PRINCIPAL 333 S. Wabash Avenue, Chicago, IL 60604 BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: (312) 822-5000 Indian River County 1800 27th Street, Vero Beach, FL 32960 OWNER PHONE NO: (772) 226-1416 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $2,190,962 55 CONTRACT NO: (If applicable) DESCRIPTION OF WORK: Improvements to the 1st Street SW and 43rd Avenue Intersection County Project No 1232, Bid No 2016002 PROJECT LOCATION: 1st Street S.W. at 43rd Avenue, Vero Beach, FL LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. 00610 - 2 00610 - Public Construction Bond F -\Public Works\ENGINEERING DIVISION PROJECTS11232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\00610 - Public Construction Bond.doc PUBLIC CONSTRUCTION BOND Bond No. 58731029 (enter bond number) BY THIS BOND, We Blue Goose Construction LLC , as Principal and Western Surety Company , a corporation, as Surety, are bound to Indian River County , herein called Owner, in the sum of $ 2,190,962.55 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated December 15 2015 , between Principal and Owner for construction of 1st Street S.W. and 43rd Avenue Intersection Improvements , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON December 16, 2015 00610 - 3 Blue Goose Construction LLC By (Name of Princpal) Wes By Com an Name of Suret Brett A. Raglan Attorney -in -Fact & Florida Licensed Resident Agent . - 00610 - Public Construction Bond F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00610 - Public Construction Bond.doc Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Deidre Ann Sullivan, Joseph D Johnson Jr, Francis T O'Reardon, Brett A Ragland, Joseph D Johnson III, Kanani Cordero, Individually of Orlando, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of November, 2015. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 9th day of November, 2015, before me personally came Paul T Bruflat, to me known, who, being by me duly swom, did depose and say that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires February 12, 2021 }%%%%%%M..vhSytib'ik.....%%% % 4. 1 i S. EICH s E NOTARY PUBLIC i I SOUTH DAKOTA a i .......... + CERTIFICATE ikLY) S. Eich, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this _ ,10 _ day of Q,1r- , a .015 Form F4280-7-2012 WESTERN SURETY COMPANY cDT 2411111.7°.L/ L. Nelson, Assistant Secretary r Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders ii of the Company. " Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. :1723417 131BLUEGOO2 ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY)12/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BB&T-J. Rolfe Davis Insurance PO Box 4927 Orlando, FL 32802-4927 407 691-9600 CONTACT NAME: PHONE 407 691-9600 FAx (A/C, , Ext): (AIC, No): 888-635-4183 Mai ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A National Trust Insurance Compan 20141 INSURED Blue Goose Construction LLC P. O. Box 14709 Fort Pierce, FL 34979-4709 INSURER B FFVA Mutual Insurance Company 10385 INSURER C FCCI Insurance Company 10178 INSURER D $1,000,000 INSURER E S 100,000 INSURER F . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSLTR R TYPE OF INSURANCE DL INSRL SUBR WVD ' POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X GL0017683 - '03/01/2015 03/01/2016 EACH OCCURRENCE $1,000,000 PREMISES (Ea RENTED S 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) S 5,000 X PD Ded: $5,000 PERSONAL &ADV INJURY 51,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: nPOLICY n JE n LOC PRODUCTS - COMP/OP AGG $ 2,000,000 S C AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS - X _AUTOS SCHEDULED AUTOS NON -OWNED X CA0029256 03/01/2015 03/01/2016 COMBIN (EaacddEent) D SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per acddent) S PROPERTY DAMAGE (Per accident) $ S A X UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS -MADE UMB0020665 03/01/2015 03/01/2016 EACH OCCURRENCE $10,000,000 AGGREGATE 510,000,000 DED X RETENTION 510000 S B WORKERS COMPENSATION AND EMPLOYERS' LIABILRY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N I A WC84000311432015A 01/01/2015 01/01/2016 X WcsTATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT s500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT s500,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: IRC Project - 1st and 43rd Avenue Intersection Improvements. Additional Insured status is granted as respects to General Liability if required by written contract or agreement per endorsement "Additional Insured -Owners Lessees or Contractor - Automatic Status" form #CGL 084 (10/13) Additional Insured status is granted as respects to Auto Liability if required by written contract or (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Indian River County 1801 27th Street Vero Beach, FL 32960-3388 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE '74-tit,Ait #444•44.4 ACORD 25 (2010/05) 1 of 2 #S15250146/M13802592 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EMTU DESCRIPTIONS (Continued from Page 1 agreement per endorsement "Florida Auto First Choice Endorsement" form #CAU 059 (12/09) Primary and Non -Contributory for General Liability is included per endorsement "Additional Insured -Owners Lessees or Contractor -Automatic Status" form #CGL 084 (10/13) SAGITTA 25.3 (2010/05) 2 of 2 #S15250146/M13802592 SECTION 00622 - Contractor's Application for Payment 1st Street S.W. and 43rd Avenue Intersection Improvements Application for Payment No For Work Accomplished through the period of through To: Indian River County (OWNER) From- (CONTRACTOR) Bid No 2016002 Project No • 1232 1) Attach detailed schedule and copies of all paid invoices. 1 Original Contract Price $ 2 Net change by Change Orders and Written Amendments (+ or -) $ 3. Current Contract Price (1 plus 2). $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): % of completed Work: % of retainage $ Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5). $ 7. Less previous Application for Payments. $ 8. DUE THIS APPLICATION (6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work, (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER Attached to or submitted with this form are 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included, 00622 - Contractor's Application for Payment - 03-10 rev 00622 - 1 F \Public Works \ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00622 - Contractors Application for Payment - 03-10 rev.doc Rev. 05/01 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, ,a corporation, in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Corporate Surety STATE OF FLORIDA COUNTY OF INDIAN RIVER Business Address BY: Print Name: Title: (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared , to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this day of , 20 Notary Public, State of My Commission Expires. **************************************************************************************************** [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03-10 rev 00622 - 3 F\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW 43rd Ave lntersec Improv \Admim\bid documents\Master Contract Documents\00622 - Contractors Application for Payment - 03-10 rev.doc Rev. 05/01 Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE **************************************************************************************************** [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractor's Application for Payment - 03-10 rev.doc 00622 - 4 F\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00622 - Contractors Application for Payment - 03-10 rev.doc Rev 05/01 Page5of5 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): 00622 - Contractor's Application for Payment - 03-10 rev doc 00622 - 5 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents100622 - Contractors Application for Payment - 03-10 rev.doc Rev 05/01 PROJECT NAME: 1st Street S.W. and 43`d Avenue Intersection Improvements Project No. 1232 Payment Application No. ' ^ F:\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW213rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00622-Contractor's Application for Payment Spreadsheet Example.doc SCHEDULED VALUE WORK COMPLETED % MATERIALS BALANCE TO FINISH PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED Item No. Description Unit Quantity Unit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL pq yew; w..;3:`v'}.V°.�.. "p'�""..t, a.„,� 7 3'° ?.. .•3 5 � ,�°'.'G.. ,e£°��•.:x�. Y b' ia� „Y3;:•.y:.i!a, ate.. a"r°`�,:�.«u" n.. e.<... :.F:� f N' 1"•.� q,°5.tr{t.a=.d �.34P�e�.}i. �r.i��: . •$i.:.. •a3a� ' } •:8a9 re w;.':£Y: •.a' ".:lK. P "zRl°� , .$;14+ �,g.,.q,. a ri.. yy Y p ,��x �3 .+t sg ,s�„9i' '� gA�,9' �'d"2^l w. 'a e :Yt t Aafti'hi at'+ vi�� 6RYn»{\ dE�?" .» .SfCJ�X�P� l��l�e'n`:. ��$,�...� '., +-ry Y . tl �< g �?" 4r"3e+• fig_ S� H �'°':� a.3' ei�t ..r �E'*5, ' ".P °'.� J h 3}».} 3° v:.@. .x Yu 1 .. .Y �a2>"�'�+y .Ai Y' ^7'�"; a .�ia1'" 5 aA?Y '�'w y' ::. a SUBTOTAL SUBTOTAL 0.00 0.00 0.00 0.00 0.00 0.00 f�ig f :'3•.i: a;. ,.t7t,76«->� ..�hR::P,yy$S gg�y�$'iy 14=°Pt.�.� " ..Deffii..W�DJY�ai� 1'i�i�$&S..S>,:tS? y3� 4,pp'C ;3' ',SaS°e,C f.°..� :d»� a�, g .".''3;�iSd$t '��,h..'; .nil: 7,f.'tirl's YZ . •fig -... �� .v.. ......� ��,'.�'.a�- ". �i e�„ &� • a;�vr»>' xe y ,3' ��i .i �• ,L't ,�4n�� ;4t"�"x81s'��.3:...�-'�" a�" �t'...��� 3i •. c",t, ..a$3.. F•'2 �'i z ':E': e.9h:. �... .i:S7xaS � al Ja�:'� � �.eLe ."'��=.¢?vm,:ssw�,..d..�::.a>., :: �0 "ad0 :.»A}3�. .9`.' I�:S:?.ea.A;�.S�C.i°�-"vt ffiiID�' FORCE ACCOUNT �1p, p y,LS py �iis%��a'&ri:,. ^'.•':C;<'ei>Cx `��'.F3».*'.P,.pffi i gg ;;yy�". 5 ua*:.t. �, 7 .ffi.. �$ '' 9i' 7. wy. a,+ ��:��C�.•> r � 3 gp ��S rnC 71 FF' MOsigh ?S°. �`a .=. itiV 4 '.� \$¢, z•R'J GRAND TOTAL TOTAL 0.00 1 1 I AMOUNT COMPLETED TO DATE MATERIALS SPORED TO DATE SUB -TOTAL MATERIALS STORED AND COMPLETED TO D DATE 0 m RETAINAGE AT 10% 0 o TOTAL COMPLETED AND SPORED LESS RETAINAGE N ^' LESS PREVIOUS PAYMENT a) AMOUNT DUE CONTRACTOR $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 F:\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW213rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00622-Contractor's Application for Payment Spreadsheet Example.doc SECTION 00630 - Certificate of Substantial Completion Date of Issuance: , 20 OWNER Indian River County CONTRACTOR - Project No : 1232 Project Description* The proposed improvements to the 1st Street S.W. and 43rd Avenue intersection will consist of the reconstruction of a portion of 1St Street S.W. with the addition of left turn lanes in the east and west bound direction. 43rd Avenue will be milled and resurfaced within the intersection. Approximately 2,170 feet of 48" x 76" reinforced concrete pipe will be installed in the Indian River Farms Water Control District Canal. The work will also include, a traffic signal, four foot wide paved shoulders, curbing, and a five foot wide sidewalk along the north side of the right-of-way, signing, and pavement markings. OWNER's Bid No. 2016002 CONTRACT FOR: 1st Street S.W. and 43rd Avenue Intersection Improvements This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof' To OWNER And To* CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents The items in the tentative list shall be completed or corrected by CONTRACTOR within 00630 - Certificate of Substantial Completion REV 04-07 00630 - 1 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00630 - Certificate of Substantial Completion REV 04-07.doc calendar days of the above date of Substantial Completion The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR - The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: (Date). ENGINEER. By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR. By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date) OWNER. INDIAN RIVER COUNTY By: (Authorized Signature) * * END OF SECTION * * 00630 - Certificate of Substantial Completion REV 04-07 00630 - 2 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\Master Contract Documents\00630 - Certificate of Substantial Completion REV 04-07.doc SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: 1st Street S.W. and 43rd Avenue Intersection Improvements IRC PROJECT NO: 1232 STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says. That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT. Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1 CONTRACTOR has reviewed the Contract Documents. 2 CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work,in accordance with the Contract Documents. 4 All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below 00632-1 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00632 - Contractors Final Certification REV 04-07.doc 5 The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER (Corporate Seal) (Contractor) By: Subscribed and sworn to before me this day of , 20 Notary Public State of Florida at Large My Commission expires. + + END OF SECTION + + 00632-2 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00632 - Contractors Final Certification REV 04-07.doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER'S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: (Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project: PROJECT NAME: 1st Street S.W. and 43rd Avenue Intersection Improvements INDIAN RIVER COUNTY PROJECT # 1232 I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision. I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents, except for discrepancies listed below. [Attach additional sheets as necessary] CERTIFIED BY: (SURVEYOR'S SEAL) Printed Name: Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name: Company Address: Telephone Number: 00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07 doc 00634 - 1 F -\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv \Admim\bid documents Master Contract Documents\00634 - Professional Surveyor and Mappers Certification as to Elevations and Locations of the Work REV 04-07.doc Rev 06/01 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N W , Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY .. .. 5 1 01 Defined Terms ... 5 1 02 Terminology.... .. .. . 7 ARTICLE 2 - PRELIMINARY MATTERS . ..... 8 2.01 Delivery of Bonds . ........ 8 2 02 Copies of Documents . 8 2.03 Commencement of Contract Times; Notice to Proceed 8 2.04 Starting the Work. 8 2.05 Before Starting Construction ........ . 8 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 9 ARTICLE 3 - CONTRACT DOCUMENTS INTENT, AMENDING, REUSE ...... ... 9 3 01 Intent .... . 9 3 02 Reference Standards . . ....... 10 3 03 Reporting and Resolving Discrepancies... ... 10 3 04 Amending and Supplementing Contract Documents 10 II 3 05 Reuse of Documents 10 ARTICLE 4 - AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS . . ............. .. 11 ... .... 4 01 Availability of Lands.. ....... . . . .. 11 4 02 Subsurface and Physical Conditions .. . ..11 4 03 Differing Subsurface or Physical Conditions.... 11 4 04 Underground Facilities .12 4 05 Reference Points ... 13 4 06 Hazardous Environmental Condition at Site .. ... 13 ARTICLE 5 - BONDS AND INSURANCE 14 5 01 Performance, Payment, and Other Bonds 14 5 02 Licensed Sureties and Insurers 15 5 03 Certificates of Insurance . . ... 15 5 04 CONTRACTOR's Liability Insurance . ... . 15 5 05 OWNER's Liability Insurance 16 5 06 Property Insurance 16 5 07 Waiver of Rights .. 17 5 08 Receipt and Application of Insurance Proceeds. 18 5 09 Acceptance of Bonds and Insurance; Option to Replace 18 5 10 Partial Utilization, Acknowledgment of Property Insurer 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES . . . . . 18 6 01 Supervision and Superintendence. 18 6 02 Labor; Working Hours .. .. 19 6 03 Services, Materials, and Equipment 19 6 04 Progress Schedule.. .. 19 6 05 Substitutes and "Or -Equals" 19 6 06 Concerning Subcontractors, Suppliers, and Others .. .21 00700 - General Conditions REV 5-10-13 00700 - 2 F\Public Works\ENGINEERING DIVISION PROJECTS \I232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5-I0-13.doc • 6.07 Patent Fees and Royalties .22 6 08 Permits . . 22 6 09 Laws and Regulations .22 6 10 Taxes . .22 6 11 Use of Site and Other Areas ..22 6 12 Record Documents . .23 6 13 Safety and Protection .23 6 14 Safety Representative .24 6 15 Hazard Communication Programs .24 6 16 Emergencies. .24 6 17 Shop Drawings and Samples .24 6 18 Continuing the Work . . .25 6 19 CONTRACTOR's General Warranty and Guarantee . .25 6.20 Indemnification . .. .... .26 ARTICLE 7 - OTHER WORK .. 26 7 01 Related Work at Site ..26 7 02 Coordination ...... ... .27 ARTICLE 8 - OWNER'S RESPONSIBILITIES .27 8 01 Communications to Contractor... . .27 8 02 Replacement of ENGINEER. . .27 8 03 Furnish Data . .27 8 04 Pay Promptly When Due .27 8 05 Lands and Easements, Reports and Tests .27 8 06 Insurance .28 8 07 Change Orders .28 8 08 Inspections, Tests, and Approvals ... .28 8 09 Limitations on OWNER's Responsibilities .. .28 8 10 Undisclosed Hazardous Environmental Condition . .28 8 11 Evidence of Financial Arrangements .. .28 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION .28 9 01 OWNER'S Representative .28 9 02 Visits to Site .28 9 03 Project Representative .28 9 04 Clarifications and Interpretations .29 9 05 Authorized Variations in Work .29 9 06 Rejecting Defective Work .29 9 07 Shop Drawings, Change Orders and Payments .29 9 08 Determination for Unit Price Work .29 9 09 Decisions on Requirements of Contract Documents and Acceptability of Work .29 9 10 Limitations on ENGINEER's Authority and Responsibilities .. . 30 ARTICLE 10 - CHANGES IN THE WORK, CLAIMS..... 30 10 01 Authorized Changes in the Work 30 10 02 Unauthorized Changes in the Work.. .. . 30 10 03 Execution of Change Orders 30 10 04 Notification to Surety 31 10 05 Claims and Disputes ... 31 00700 - General Conditions REV 5-10-13 00700 - 3 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc ARTICLE 11 - COST OF THE WORK, CASH ALLOWANCES; UNIT PRICE WORK . . 32 11 01 Cost of the Work. 32 11.02 Cash Allowances 34 11 03 Unit Price Work 34 ARTICLE 12 - CHANGE OF CONTRACT PRICE, CHANGE OF CONTRACT TIMES .. 34 12.01 Change of Contract Price .. 34 12.02 Change of Contract Times .... . 35 12.03 Delays Beyond CONTRACTOR's Control .. ... 35 12.04 Delays Within CONTRACTOR's Control ... 35 12.05 Delays Beyond OWNER'S and Contractor's Control .35 12.06 Delay Damages . . . 36 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.... . ..... . .. ...... .. 36 13 01 Notice of Defects 36 13 02 Access to Work 36 13 03 Tests and Inspections ...... 36 13 04 Uncovering Work ....... 37 13 05 OWNER May Stop the Work 37 13 06 Correction or Removal of Defective Work 37 13 07 Correction Period .. .. 37 13 08 Acceptance of Defective Work. ... ... . 38 13 09 OWNER May Correct Defective Work. 38 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . 39 14 01 Schedule of Values 39 14 02 Progress Payments ... ... 39 14 03 CONTRACTOR's Warranty of Title 40 14 04 Substantial Completion 41 14 05 Partial Utilization ... ... ... 41 14.06 Final Inspection .. 42 14.07 Final Payment. ... ... ... 42 14 08 Final Completion Delayed .. .... 42 14 09 Waiver of Claims . . . 43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . 43 15.01 OWNER May Suspend Work .. . .43 15 02 OWNER May Terminate for Cause ... 43 15.03 OWNER May Terminate For Convenience . 44 15 04 CONTRACTOR May Stop Work or Terminate 44 ARTICLE 16 - DISPUTE RESOLUTION .... . 44 16 01 Methods and Procedures .. 44 ARTICLE 17 - MISCELLANEOUS .... .. ... 44 17 01 Giving Notice .... 44 17 02 Computation of Times ... 44 17 03 Cumulative Remedies 44 17 04 Survival of Obligations. 45 17 05 Controlling Law ..45 00700 - General Conditions REV 5-10-13 00700 - 4 F'\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1 01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof 1 Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3 Application for Payment—The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4 Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupa- tional Safety and Health Administration 5 Bid—The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6 Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7 Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8 Bonds --Performance and payment bonds and other instruments of security 9 Change Order --A document recommend- ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11 Contract—The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents—The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price—The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11 03 in the case of Unit Price Work) 14 Contract Times—The number of days or the dates stated in the Agreement to (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final pay- ment. 15 CONTRACTOR—The individual or entity with whom OWNER has entered into the Agreement. 16 Cost of the Work—See paragraph 11 01.A for definition 00700 - General Conditions REV 5-10-13.doc 00700 - 5 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-Ist St SW_43rd Ave Intersec Improv\Admim\bid documents\ taster Contract Documents\00700 - General Conditions REV 5-10-13.doc 17. Drawings—That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver 19 ENGINEER—The individual or named as such in the Agreement. entity entity having a contract with ENGINEE rnish services as ENGINEER's in. sent professional associate or consul • • ' respect to the Project and who is - ed as such in the Supplementary 21. Field Order—A written order issued by ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements—Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25 Laws and Regulations; Laws or Regulat- ions—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts having jurisdiction. 26 Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property 27 Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Comple- tion of all the Work. 28 Notice of Award—The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29 Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER—The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed 31 Partial Utilization—Use by OWNER of a substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs—Polychlorinated biphenyls. 33 Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14 7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34 Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35 Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36 Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq ) as amended from time to time 37 Resident Project Representative—The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 00700 - General Conditions REV 5-10-13.doc 00700 - 6 F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents \00700 - General Conditions REV 5- 10-13.doc 38 Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 39. Shop Drawings—AII drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40 Site—Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41 Specifications—That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor—An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site 43 Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 44 Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46 Underground Facilities--AII underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47 Unit Price Work—Work to be paid for on the basis of unit prices. 48 Work—The entire completed construction or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49 Work Change Directive—A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50 Written Amendment—A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. 102 Terminology A. Intent of Certain Terms or Adjectives 1 Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design 00700 - General Conditions REV 5-10-13.doc 00700 - 7 F -\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documents Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C Defective 1 The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recom- mendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14 04 or 14 05). D Furnish, Install, Perform, Provide 1 The word "furnish," when used in connection with services, materials, or said services, materials, or equipment to the 2. The word "install," when used in connection with services, materials, or in final position said services, materials, or use - 3. The words "perform" or "provide," when used in connection with services, and install said services, materials, or USG: 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish 2 02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents Additional copies will be furnished upon request at the cost of reproduction. 2 03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- ceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- mence to run No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2 05 Before Starting Construction A. CONTRACTOR's Review of Contract Docu- ments. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the 00700 - General Conditions REV 5-10-13.doc 00700 - 8 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof B Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC- TOR shall submit to ENGINEER for its timely review. 1 a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for sub- mitting, reviewing, and processing such submittal; and 3 a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. the Site is started, CONTRACTOR and OWNE: all each deliver to the other, with copi-: o each additional insured identified in tr - upplementary Conditions, certificates of • urance (and other evidence of insuranc ich either of them or any additional insur- ► may reasonably request) which CONTRA 1and OWNER respectively are 2 06 Preconstruction Conference to run, but before any Work conference atte e is started, a ONTRACTOR, ENGINEER, s as appropriate will be held to establish a Work and to discuss the schedules graph 2.05 B, procedur and other o in para- andling Shop Drawings als, processing Applications for 2 07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri- ate will be held to review for acceptability to ENGI- NEER as provided below the schedules submitted in accordance with paragraph 2.05 B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1 The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3 CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS INTENT, AMENDING, REUSE 3 01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all. B It is the intent of the Contract Documents to describe a functionally complete Project (or part there- of) to be constructed in accordance with the Contract 00700 - General Conditions REV 5-10-13 00700 - 9 F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3 02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifica- tions, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the stan- dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employ- ees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3 03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6 16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3 04, provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CON- TRACTOR knew or reasonably should have known thereof B. Resolving Discrepancies 1 Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents), or b the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation) 3 04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive B The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways. (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample, or (iii) ENGINEER's written interpretation or clarifi- cation 3 05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or 00700 - General Conditions REV 5-10-13.doc 00700 - 10 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv .Admim\bid documentsWaster Contract Documents\00700 - General Conditions REV 5- 10-13.doc furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions, and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS 4 01 Availability of Lands A. OWNER shall furnish the Site OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10 05 B Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4 02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify' 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents, and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGI- NEER has used in preparing the Contract Documents. B Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementa- ry Conditions Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to* 1 the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto, or 2 other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3 any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1 is of such a nature as to establish that any "technical data" on which CONTRAC- TOR is entitled to rely as provided in paragraph 4 02 is materially inaccurate, or 2 is of such a nature as to require a change in the Contract Documents, or 00700 - General Conditions REV 5-10-13.doc 00700 - 11 F'\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\Master Contract Documents100700 - General Conditions REV 5- 10-13.doc 3. differs materially from that shown or indicated in the Contract Documents; or 4 is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inher- ent in work of the character provided for in the Contract Documents, then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so B ENGINEER's Review: After receipt of written notice as required by paragraph 4 03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1 The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following a. such condition must meet any one or more of the categories described in para- graph 4 03.A, and b with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9 08 and 11 03 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if. a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as re- quired by paragraph 4.03.A. 3 If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10 05 However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4 04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions. 1 OWNER and ENGINEER shall not be responsible for the accuracy or com- pleteness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- TOR shall have full responsibility for a. reviewing and checking all such information and data, 00700 - General Conditions REV 5-10-13.doc 00700 - 12 F'\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1 If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6 16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGI- NEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10 05 4 05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CON- TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4 06 Hazardous Environmental Condition at Site A. Reports and Drawings. Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B Limited Reliance by CONTRACTOR on Technical Data Authorized. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to 1 the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 3 any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. 00700 - General Conditions REV 5-10-13.doc 00700 - 13 F'\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv'Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc C CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition, (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16), and (iii) notify OWNER and ENGI- NEER (and promptly thereafter confirm such notice in writing) OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10 05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special condi- tions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05 OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4 06 E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06 F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence I The provisions of paragraphs 4.02, 4 03, and 4 04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site ARTICLE 5 - BONDS AND INSURANCE 5 01 Performance, Payment, and Other Bonds A. CONTRACTOR shall --finish performancc and payment Bonds, each in an amount at least equal 00700 - General Conditions REV 5-10-13.doc 00700 - 14 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc to the Contract Price as security for the faithful perfor obligations under the Contract Documents. These Bonds shall remain in effect at least until one year B All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U S Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5 01 B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 501 B and 5 02. 5 02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5:03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- TRACTOR is required to purchase and maintain OWNER shall deliver to CONTRACTOR, with copies mentary Conditions, certificates of insurance (and 5 04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be per- formed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1 claims under workers' compensation, disability benefits, and other similar employee benefit acts, 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees, 4 claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason, 5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom, and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, mainte- nance or use of any motor vehicle. B The policies of insurance so required by this paragraph 5 04 to be purchased and maintained shall. 1 with respect to insurance required by paragraphs 5 04.A.3 through 5 04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's 00700 - General Conditions REV 5-10-13.doc 00700 - 15 F -\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc Consultants, and any other individuals or entities identified in the Supplementary Condi- tions, all of whom shall be listed as additional insureds, and include coverage for the respec- tive officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3 include completed operations insurance, 4 include contractual liability insurance covering CONTRACTOR's indemnity . obligations under paragraphs 6 07, 6 11, and 6.20; 5 contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CON- TRACTOR pursuant to paragraph 5 03 will so provide), 6 remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13 07, and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5 05 OWNER's Liability Insurance A. In addition to the insurance required . be provided by CONTRACTOR under par- _ _ 1 5 04, OWNER, at OWNER's option -y purchase and maintain at OWNER's - se OWNER's own liability insurance as protect OWNER against claims uments. 5 06 Property Insurance A. Unless otherwise provided in the Supple mentary Conditions, OWNER shall purchase and in the amount of the full replacement cost thereof (subject to such deductible amounts as may be include the interests of OWNER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and and any of them, each of whom is deemed to 2. be written on a Builder's Risk "all risk" least the following perils or causes of loss. fire, forcement of Laws and Regulations, water damage, and such other perils or causes of 3. include expenses incurred in the engineers and architects), 00700 - General Conditions REV 5-10-13.doc 00700 - 16 F'\Public Works ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents'Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc an -Application -for Payment recommended by ENGINEER, "'. 6. include testing and startup, and 7. be maintained in effect until final pay writing by OWNER, CONTRACTOR, and insurance -has-been issued. B. OWNER shall purchase and maintain such the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consul C. All the policies of insurance (and the ccrtifi TRACTOR and to each other additional insured to para 7. D. OWNER shall not be responsible for purchas- ing and maintaining any property insurance specified in this paragraph 5 06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRAC TOR by appropriate Change Order or Written 5 07 Waiver of Rights will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consul the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, ee recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against cach other and thei r respective officers, directors, partners, employees, perils or causes of loss covered by such policies and and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities directors, partners, employees, agents, and other caused. None of the above waivers shall extend to to the proceeds of insurance held by OWNER as issued. ee B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, partners, employees, agents, and other consultants 1. loss due to business interruption, los., beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of, or resulting from fire or other peril 00700 - General Conditions REV 5-10-13.doc 00700 - 17 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW 43rd Ave Intersec Improv Wdmim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc 2. loss or damage to the completed Pro cause of loss covered by any property or part thereof by OWNER during partial 14.04, or after final payment pursuant to paragraph 11.07. C. Any insurance policy maintained by OWNER covering any loss, damage or consequential los., referred to in paragraph 5.07.B shall contain any such loss, damage, en-Gensequential Toss, the insurers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants 5.08 Receipt and Application of Insurance Proceeds A. Any insured Ions under the policies of -e - e e- -e .e•- 9= • e -e - -e with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys : o e B. OWNER as fiduciary shall have power to exercise of this power. If such objection be made, parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the lo, -s with the interest, OWNER as fiduciary shall give bond for thc 5 09 Acceptance of Bonds and Insurance, Option to Replace A. If either OWNER or CONTRACTOR has any and CONTRACTOR shall each provide to the other provided as the other may reasonably request. If any change in thc required coverage. Without prejudice to any other right or remedy, the other party protect such other party's interests at the expense of and a Change Order shall be is..ucd to adjust the Contract Price accordingly. 5 10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5 06 have acknowledged notice thereof and in writing effected any changes in cover- age necessitated thereby The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6 01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific 00700 - General Conditions REV 5-10-13.doc 00700 - 18 F -\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\00700 - General Conditions REV 5- 10-13.doc means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CON- TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. 6 02 Labor,. Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- ments. CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6 03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifica- tions shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6 04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- cated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additional- ly will comply with any provisions of the General Requirements applicable thereto 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accor- dance with Article 12. 6 05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below 1 "Or -Equal" Items. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in 00700 - General Conditions REV 5-10-13.doc 00700 - 19 F'\Public Works ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv1Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6 05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics, (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and, b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER, and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute item b CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the pro- posed substitute item will prejudice CONTRACTOR's achievement of Substan- tial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substi- tute item in connection with the Work is sub- ject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B Substitute Construction Methods or Proce- dures. If a specific means, method, technique, se- quence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6 05.A.2. C Engineer's Evaluation ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- graphs 6 05.A and 6 05 B ENGINEER will be the sole judge of acceptability No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise 00700 - General Conditions REV 5-10-13.doc 00700 - 20 F -\Public Works ENGINEERING DIVISION PROJECTS 11232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc CONTRACTOR in writing of any negative determination. D. Special Guarantee OWNER may require CONTRACTOR to furnish at CONTRACTOR's ex- pense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6 05 B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so pro- posed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute F. CONTRACTOR's Expense. CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense 6 06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6 06 B), whether initially or as a replacement, against whom OWNER may have reasonable objection CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reason- able objection. B If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcon- tractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontrac- tors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to commu- nicate with ENGINEER through CONTRACTOR. F The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5 06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities 00700 - General Conditions REV 5-10-13.doc 00700 - 21 F\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6 07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents 6 08 Permits ' A. Unless otherwise provided in the Supple- mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6 09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations. B If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03 C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10 05 6 10 Taxes A. CONTRACTOR shall pay all sales, consum- er, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. B OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1 CONTRACTOR shall confine construction equipment, the storage of 00700 - General Conditions REV 5-10-13.doc 00700 - 22 F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2 Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall .indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- TOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materi- als, rubbish, and other debris shall conform to applica- ble Laws and Regulations. C. Cleaning Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D Loading Structures. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6 12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGI- NEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6 13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site, and 3 other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction B CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property All damage, injury, or loss to any property referred to in paragraph 6 1,3.A.2 or 6 13.A.3 caused, directly or indirectly, in whole or in part, by 00700 - General Conditions REV 5-10-13.doc 00700 - 23 F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them) CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14 07 B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6 15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged be- tween or among employers at the Site in accordance with Laws or Regulations. 616 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof If ENGINEER determines that a change in the Contract Documents is required be- cause of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- mance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6 17.E. B CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- NEER to review the submittal for the limited purposes required by paragraph 6 17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified. a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto, b all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety 00700 - General Conditions REV 5-10-13.doc 00700 - 24 F -\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documentsWlaster Contract Documents\00700 - General Conditions REV 5- 10-13.doc precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3 At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1 ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6 17.D.3 and ENGI- NEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CON- TRACTOR from responsibility for complying with the requirements of paragraph 6 17 D 1. F. Resubmittal Procedures 1 CONTRACTOR shall make correc- tions required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6 18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15 04 or as OWNER and CONTRACTOR may otherwise agree in writing 6 19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by* 1 abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible, or 2. normal wear and tear under normal usage 00700 - General Conditions REV 5-10-13.doc 00700 - 25 F -\Public Works ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc B CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. 1 observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3 the issuance of a certificate of Sub- stantial Completion by ENGINEER or any payment related thereto by OWNER, 4 use or occupancy of the Work or any part thereof by OWNER, 5 any acceptance by OWNER or any failure to do so, 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7 any inspection, test, or approval by others, or 8 any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against ,all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage. 1 is attributable to bodily injury, sickness,disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless of the negligence of any such individual or entity B In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen- sation acts, disability benefit acts, or other employee benefit acts. C The indemnification obligations of CON- TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of. 1 the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7 01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work 00700 - General Conditions REV 5-10-13.doc 00700 - 26 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc performed by utility owners. If such other work is not noted in the Contract Documents, then: 1 written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10 05 B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is per- forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7 02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions. 1 the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified, 2. the specific matters to be covered by such authority and responsibility will be itemized, and 3 the extent of such authority and responsibilities will be provided. B Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8 01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER. 8 02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8 03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8 04 Pay Promptly When Due A. OWNER shall make payments to CONTRAC- TOR promptly when they are due as provided in paragraphs 14 02.0 and 14 07 C 8 05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 00700 - General Conditions REV 5-10-13.doc 00700 - 27 F'\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\Nlaster Contract Documents\00700 - General Conditions REV 5- 10-13.doc 4.01 and 4 05. Paragraph 4 02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and - tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5 8 07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10 03 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13 03.B 8 09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8 10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4 06 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9 01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9 02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construc- tion as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Con- tract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9 03 Project Representative A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and 00700 - General Conditions REV 5-10-13.doc 00700 - 28 F -\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents \00700 - General Conditions REV 5- 10-13.doc authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9 10 and in the Supplementary Conditions. If OWNER designates another represen- tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10 05 9 05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compati- ble with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05 9 06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13 04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6 17 B In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14 9 08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER'S preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise) ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05 9 09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10 05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9 09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14 07) will be a condition precedent to any exercise by OWNER or 00700 - General Conditions REV 5-10-13.doc 00700 - 29 F'Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter 9 10 Limitations on ENGINEER's Authority and Responsibilities A. Neither ENGINEER's authority or respon- sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcon- tractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. C ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibil- ity set forth in this paragraph 9 10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK, CLAIMS 10 01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided) B If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10 05 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3 04, except in the case of an emergency as provided in paragraph 616 or in the case of uncovering Work as provided in paragraph 13 04 B. 10 03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10 01.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13 09, or (iii) agreed to by the parties, 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive, and 3 changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER 00700 - General Conditions REV 5-10-13.doc 00700 - 30 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc pursuant to paragraph 10.05, provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regula- tions, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6 18.A. 10 04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10 05 Claims and Disputes A. Notice. Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter) A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.6 A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accom- panied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time) B. ENGINEER's Decision. ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1 an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16, or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations 00700 - General Conditions REV 5-10-13.doc 00700 - 31 F -\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc C. If ENGINEER does not render a formal ' decision in writing within the time stated in paragraph 10 05 B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any D No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10 05 ARTICLE 11 - COST OF THE WORK, CASH ALLOWANCES, UNIT PRICE WORK 11 '01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in para- graph 11 01 B 1. Payroll costs for employees in the full time on the Work shall be apportioned on the basis of their time spent on the Work. benefits, which shall include social security and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment furnished and incorporated in the Work, includ- ing costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3 Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this para- graph 11 01 4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5 Supplemental costs including the following a. The proportion of necessary trans- portation, travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. b Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not con- sumed which remain the property of CON- TRACTOR. 00700 - General Conditions REV 5-10-13.doc 00700 - 32 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\.Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc c. Rentals of all construction equip- ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e Deposits lost for causes other than negligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sus- tained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5 06 D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g The cost of utilities, fuel, and sanitary facilities at the Site h Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim j When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B Costs Excluded: The term Cost of the Work shall not include any of the following items. 1 Payroll costs and other compensation of CONTRACTOR's officers, executives, princi- pals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11 01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's princi- pal and branch offices other than CONTRACTOR's office at the Site. 3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4 Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property 5 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11 01.A and 11 01 B C CONTRACTOR's Fee When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change 00700 - General Conditions REV 5-10-13.doc 00700 - 33 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01 C D. Documentation. Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11 01 B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Con- tract Price shall be correspondingly adjusted 11 03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaran- teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price Deter- minations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9 08 B Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- quate to cover CONTRACTOR's overhead and profit for each separately identified item. C OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accor- dance with paragraph 10 05 if. 1 the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3 if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE, CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of para- graph 10.05 B The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows. 1 where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ), or 2 where the Work involved is not cov- ered by unit prices contained in the Contract 00700 - General Conditions REV 5-10-13.doc 00700 - 34 F•\Public Works ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01 C.2), or 3 where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01 B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11 01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.C) C CONTRACTOR's' Fee• The CONTRACTOR's fee for overhead and profit shall be determined as follows 1 a mutually acceptable fixed fee, or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under para- graphs 11 01.A.1 and 11 01.A.2, the CONTRACTOR's fee shall be 15 percent; b for costs incurred under paragraph 11 01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01 C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11 01.A.1 and 11 01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcon- tractor; d no fee shall be payable on the basis of costs itemized under paragraphs 11 01.A.4, 11 01.A.5, and 11.01 B; e the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease, and f. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 12.01 C.2.a through 12.01 C.2 e, inclusive. 12 02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10 05 B Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12 03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12 04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRAC- TOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount 00700 - General Conditions REV 5-10-13.doc 00700 - 35 F \Public Works \ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12 06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1 delays caused by or within the control of CONTRACTOR, or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13 01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B OWNER shall employ and pay for the services of an independent testing laboratory to covered by paragraphs 13.03.0 and 13.03.D belew; 2. that costs incurred in connection with tests or inspections conducted pursuant to 3. as otherwise specifically provided in C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspec- tion or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CON- TRACTOR without written concurrence of ENGI- NEER, it must, if requested by ENGINEER, be uncov- ered for observation F Uncovering Work as provided in paragraph 13.03 E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice 00700 - General Conditions REV 5-10-13.doc 00700 -36 F•\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense B If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question, furnishing all neces- sary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10 05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10 05. 13 05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR until the cause for such order has been eliminated, - e • exercise this right for the benefit of CONTRACTOR, 13 06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGI- NEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others) 13 07 Correction Period any applicable special guarantee required by the Contract Documents, any Work is found to be defective, and (iii) satisfactorily correct or repair or from. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. item of equipment is placed in continuous service 00700 - General Conditions REV 5-10-13 doc 00700 - 37 F•\Public Works \ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc Written Amendment C Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13 07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed D. CONTRACTOR's obligations under this paragraph 13 07 are in addition to any other obligation or warranty The provisions of this paragraph 13 07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose 13 08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recom- mendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10 05 If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13 09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13 06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency B In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13 09 will be charged against CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10 05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13 09. 00700 - General Conditions REV 5-10-13.doc 00700 - 38 F1Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv' dmim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14 01 Schedule of Values A. The schedule of values established as provid- ed in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI- NEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14 02 Progress Payments A. Applications for Payments 1 At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3 The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B Review of Applications 1 ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CON- TRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated, b the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9 08, and to any other qualifications stated in the recommendation), and c. The conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3 By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspec- tions made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents, or (ii) that there may not be other matters or issues between the 00700 - General Conditions REV 5-10-13.doc 00700-39 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv Wdmim\bid documentsWlaster Contract Documents\00700 - General Conditions REV 5- 10-13.doc parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4 Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER'S recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens 5 ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14 02.6.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders, c. OWNER has been required to correct defective Work or complete Work in accor- dance with paragraph 13 09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumcr ated in paragraph 15.02.A. C Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with paragraph 11.02.D) become due, and when D Reduction in Payment 1 OWNER may refuse to make payment of the full amount recommended by ENGINEER because a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- ER to a set-off against the amount recommended; or d OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.6 5 a through 14 02.B 5 c or paragraph 15 02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action 3 If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 1402 C1 14 03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated 00700 - General Conditions REV 5-10-13.doc 00700 - 40 F \Public Works \ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv Wdmim\bid documents'Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore If ENGINEER considers the Work considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after eubmi—sion of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after considers the Work substantially complete, ENGINEER will within said 11 days execute and deliver to OWNER and CONTRACTOR a definitive tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery ENGINEER will deliver to OWNER and CONTRAC responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER'S payment, B OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- TRACTOR reasonable access to complete or correct items on the tentative list. 14 05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14 04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to 00700 - General Conditions REV 5-10-13.doc 00700 - 41 F•\Public Works \ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies 14.07 Final Payment A. Application for Payment 1 After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by. (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5 04 B.7, (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14 07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satis- fied If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien B Review of Application and Acceptance 1 If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14 09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying documentation, the amount and, when due, will be paid by OWNER to 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminat- ing the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5 01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted 00700 - General Conditions REV 5-10-13.doc 00700 - 42 FAPublic Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents100700 - General Conditions REV 5- 10-13.doc by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims 14 09 Waiver of Claims A. The making and acceptance of final payment will constitute. 1 a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14 06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents, and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15 01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CON- TRACTOR shall resume the Work on the date so fixed. in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such _e. F.. _ &P _111. - • _ - 15 02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1 CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2 07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3 CONTRACTOR's disregard of the authority of ENGINEER, or 4 CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents B If one or more of the events identified in paragraph 15 02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed C Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability 00700 - General Conditions REV 5-10-13.doc 00700 - 43 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents \00700 - General Conditions REV 5- 10-13.doc 15 03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items). 1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit.on such expenses, 3 for alt claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) in- curred in settlement of terminated contracts with Subcontractors, Suppliers, and others, and 4. for reasonable expenses directly attributable to termination. B CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such termination. 15 04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, - .. , - • - , then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15 03 In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay e, • e - CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15 04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10 05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16 01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9 09 and 10 05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice 17 02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation 17 03 Cumulative Remedies 00700 - General Conditions REV 5-10-13.doc 00700 - 44 F\Public Works \ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5- 10-13.doc A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply 17 04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or comple- tion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 - General Conditions REV 5-10-13.doc 00700 - 45 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWtaster Contract Documents\00700 - General Conditions REV 5- 10-13.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC — 1.00 Defined Terms SC — 1 01 Terminology SC — 1.02 Before Starting Construction SC — 2.05 Preconstruction Conference SC — 2 06 Coordination of Plans, Specifications, and Special Provisions SC — 3.06 Subsurface and Physical Conditions SC — 4 02 Performance, Payment and Other Bonds SC — 5.01 Certificates of Insurance SC — 5 03 CONTRACTOR's Liability Insurance SC — 5 04 OWNER's Liability Insurance SC — 5 05 Property Insurance SC — 5.06 Waiver of Rights SC — 5.07 Receipt and Application of Insurance Proceeds SC — 5.08 Acceptance of Bonds and Insurance; Option to Replace SC — 5.09 Labor; Working Hours SC — 6 02 Concerning Subcontractors, Suppliers and Others SC — 6.06 Permits SC — 6 08 Cost of the Work SC — 11.01 Test and Inspections SC — 13.03 OWNER May Stop the Work SC — 13.05 Correction Period SC — 13.07 Progress Payments SC — 14.02 Substantial Completion SC — 14.04 00800-i 00800 - Supplementary Conditions 05-13 rev 00800 IF -\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW 43rd Ave Intersec ImprovWdmim\bid documents\Master Contract Documents\00800 - Supplementary Conditions 05-13 rev.doc Final Payment SC — 14.07 OWNER May Suspend Work SC — 15.01 OWNER May Terminate for Cause SC — 15.02 OWNER May Stop Work or Terminate SC — 15.04 Mediation SC —16.02 Liens SC — 17.06 +++ END OF THIS SUPPLEMENTARY CONDITIONS INDEX +++ 00800 -ii 00800 - Supplementary Conditions 05-13 rev 00800 IIF1Public Works\ENGINEERING DIVISION PROJECTS11232-1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00800 - Supplementary Conditions 05-13 rev.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC -1.00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. SC -1.01 Defined Terms SC -1.01.A.20 Delete paragraph GC 1.01.A.20 in its entirety. SC -1.02 Terminology SC -1.02.D.1, 2, and 3 Delete paragraphs GC -1.02.D.1, 2, and 3 in their entirety and insert the following paragraphs in their place: D. Furnish, Install, Perform, Provide 1. The word `furnish" shall mean to supply and deliver services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install" shall mean to put into use or place in final position services, materials, or equipment complete and ready for intended use. 3 The words "perform" or "provide" shall mean to furnish and install services, materials, or equipment complete and ready for intended use. SC -2.05 Before Starting Construction SC -2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its place: C Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. SC -2.06 Preconstruction Conference SC -2 06 Delete paragraph GC -2.06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work, the Project Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2 05 B, procedures 00800-1 00800 - Supplementary Conditions 05-13 rev 00800 1 F \Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00800 - Supplementary Conditions 05-13 rev.doc for handling Shop Drawings and other submittals, and maintaining required records. Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. B. Per the FDOT Standard Specifications for Road and Bridge Construction, the Contractor will certify to the Engineer the following - 1. A listing of on-site clerical staff, supervisory personnel and their pro -rated time assigned to the contract, 2. Actual Rate for items listed in Table 4-3 2 1 (see below), 3. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, 4. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. FDOT Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation Benefits Actual Retirement Benefits Actual Workers Compensation Rates based on the National Council on Compensation Insurance basic rates tables adjusted by Contractor's actual experience modification factor in effect at the time of the additional work or unforeseen work Per Diem Actual but not to exceed State of Florida's rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.) SC -3.06 Coordination of Plans, Specifications, and Special Provisions SC -3 06 Add the following new paragraphs immediately after paragraph GC -3.05: SC -3.06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows. 1. Written Interpretations 2 Addenda 3 Specifications 4. Supplementary Conditions to the General Conditions 5. General Conditions 6 Approved Shop Drawings 7. Drawings 8 Referenced Standards B Written/computed dimensions shall govern over scaled dimensions 00800-2 00800 - Supplementary Conditions 05-13 rev 00800 2F'\Public Works ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Nlaster Contract Documents\00800 - Supplementary Conditions 05-13 rev.doc SC -4.02 Subsurface and Physical Conditions SC -4 02 Add the following new paragraphs immediately after paragraph GC -4.02.8: C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site. Roadway Soil Survey — None SC -5.01 Performance, Payment and Other Bonds SC -5 01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its place: Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. 1 In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. 2. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. 3 The OWNER shall record, the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. SC -5.03 Certificates of Insurance SC -5.03 Delete the second sentence of paragraph GC -5.03 in its entirety. SC -5.04 CONTRACTOR's Liability Insurance SC -5 04 Add the following new paragraphs immediately after paragraph GC -5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations' 1. Worker's Compensation' To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee) Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for 00800-3 00800 - Supplementary Conditions 05-13 rev 00800 3F \Public Works\ENGINEERING DIVISION PROJECTS 11232 -1st St SW 43rd Ave Intersec Improv\Admim\bid documents Master Contract Documents\00800 - Supplementary Conditions 05-13 rev.doc a Premises/Operations b Products/Completed Operations c. Contractual Liability d. Independent Contractors e. Explosion f. Collapse g. Underground 3 Business Auto Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Owner Autos b. Hired Autos c Non -Owned Autos. 4. CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work. 5. Special Requirements a. Ten (10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval b. "Indian River County Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance. c The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. d. An appropriate "Indemnification" clause shall be made a provision of the Contract (see paragraph 6 20 of the General Conditions). e. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requirements, which are subject to modification in response to high hazard operation. g. Insured must be authorized to do business and have an agent for service of process in Florida and have Best's Rating of A -VII or better. D Additional Insureds. 1. In addition to "Indian River County, Florida," the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies: a. Indian River Farms Water Control District SC -5.05 OWNER's Liability Insurance SC -5.05 Delete paragraph GC -5.05.A in its entirety. 00800-4 00800 - Supplementary Conditions 05-13 rev 00800 4F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsMvlaster Contract Documents \00800 - Supplementary Conditions 05-13 rev.doc SC -5.06 Property Insurance SC -5.06 Delete paragraphs GC -5.06.A, B, and C in their entirety and insert the following paragraphs in their place. A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof This insurance shall: 1 include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of Toss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3 include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER, and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention C The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC -5.06 shall comply with the requirements of paragraph 5.06 C of the General Conditions. SC -5.06.E Delete paragraph GC -5.06.E in its entirety and insert the following in its place: E. Additional lnsureds 1. The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's property insurance policies: a Indian River County, Florida b. Indian River Farms Water Control District 00800-5 00800 - Supplementary Conditions 05-13 rev 00800 5F \Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00800 - Supplementary Conditions 05-13 rev.doc SC -5.07 Waiver of Rights SC -5 07 Delete GC -5.07 (paragraphs A, B, and C) in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC -5.08 Delete GC -5.08 (paragraphs A and B) in its entirety. SC -5.09 Acceptance of Bonds and Insurance; Option to Replace SC -5.09 Delete GC-5.09(paragraph A)in its entirety. SC -6.02 Labor; Working Hours SC -6.02 B. Add the following paragraphs immediately after paragraph GC -6.02.B: 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m to 5 p.m. 2 Indian River County Holidays are. New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager 3. The CONTRACTOR shall receive no additional compensation for overtime work, i e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4 All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a m. or continue after 5 p.m. except in case of emergency upon specific permission of the ENGINEER. SC -6.06 Concerning Subcontractors, Suppliers, and Others SC -6.06.C. Add the following sentence at the end of paragraph GC -6.06.C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6.08 Permits SC -6 08 Add the following paragraphs immediately after paragraph GC -6.08.A: 1 The OWNER has obtained the following permits (copies of these permits are contained in Appendix "A") 00800-6 00800 - Supplementary Conditions 05-13 rev 00800 6F \Public Warks\ENGINEERING DIVISION PROJECTS11232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents100800 - Supplementary Conditions 05-13 rev.doc A. St. Johns River Water Management District - General Permit 142959-1 B. Indian River Farms Water Control District — Permit No. 15-19 C. U.S. Department of the. Army Corps of Engineers — SAJ-2015-02705 (NW -TSD) 2 The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. 3. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC -11.01 Cost of the Work SC -11.01.A.1. Delete paragraph GC -11.01.A.1 in its entirety, and insert the following sentences in its place: 1. CONTRACTOR will receive payment for actual costs of direct labor and burden (see SC -2.06.B) for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro -rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. SC -13.03 Test and Inspections SC -13.03.B. Delete paragraph GC -13.03.8 in its entirety, and insert the following sentences in its place: B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests, or approvals required by the Contract Documents except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. The CONTRACTOR shall arrange, obtain, and pay for the following inspections, tests, or approvals: 1. inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13.04 B; 3. tests otherwise specifically provided in the Contract Documents. 00800-7 00800 - Supplementary Conditions 05-13 rev 00800 7F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\Master Contract Documents\00800 - Supplementary Conditions 05-13 rev.doc SC -13.05 OWNER May Stop the Work SC -13.05.A. Delete paragraph GC -13.05.A in its entirety and insert the following paragraph in its place A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. SC -13.07 Correction Period SC -13.07 A. Delete the first sentence of paragraph GC -13.07.A in its entirety and insert the following sentence in its place A. If within one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6 11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. SC -13.07 B. Delete paragraph GC -13.07.8 in its entirety and insert the following sentence in its place B In special circumstances where a particular item of equipment is placed in continu- ous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. SC -14.02 SC -14 02.B 5 in its place: d. SC -14.02.6.5 Progress Payments . Delete paragraph GC -14.02.8.5.d in its entirety and insert the following paragraph ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A, or . Add the following sentences at the end of paragraph GC -14.02.8.5: 00800-8 00800 - Supplementary Conditions 05-13 rev 00800 8F'\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWaster Contract Documents\00800 - Supplementary Conditions 05-13 rev.doc e. OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required 'to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals. SC -14.02.C.1. Delete paragraph GC -14.02.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. F.S. 218.70 et. seq. SC -14.04 Substantial Completion SC -14.04A. After the third sentence in paragraph GC -14.04A of the General Conditions, delete the remainder of paragraph 14.04A in its entirety and replace with the following. "If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion. In accordance with the provisions of Florida Statutes section 208 735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project." SC -14.04B Add the following new paragraph immediately after paragraph GC 14.04B: C. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees 00800-9 00800 - Supplementary Conditions 05-13 rev 00800 9F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents Master Contract Documents 100800 - Supplementary Conditions 05-13 rev.doc SC -14.07 Final Payment SC -14.07 C.1. Delete paragraph GC -14.07.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act" , Florida Statutes section 218.70, et. seq SC -15.01 OWNER May Suspend Work SC -15.01.A Delete the last sentence in paragraph GC -15.01.A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times, directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10.05. CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of Toss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension SC -15.02 OWNER May Terminate For Cause SC -15.02.A.5 and SC -15 02.A.6 Add the following new paragraphs immediately after paragraph GC -15.02.A.4: 5 CONTRACTOR's violation of Section 02225 — "Erosion Control and Treatment of Dewatering Water From the Construction Site." 6 CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers. SC -15.04 CONTRACTOR May Stop Work or Terminate SC -15.04 Delete the following text from the first sentence of paragraph GC -15.04.A: or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: or OWNER has failed for 30 days to pay CONTRACTOR any sum finally dctcrmincd to be dues SC -16 DISPUTE RESOLUTION SC -16.02 Mediation SC -16 Add the following new paragraph immediately after paragraph GC -16.01. SC -16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to 00800-10 00800 - Supplementary Conditions 05-13 rev 00800 10F \Public Works\ENGINEERING DIVISION PROJECTS11232-1st St SW_43rd Ave Intersec ImprovV1dmim\bid documents Waster Contract Documents\00800 - Supplementary Conditions 05-13 rev.doc mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed SC -17 Miscellaneous Add the following new paragraphs immediately after paragraph GC17.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 05 The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name), pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub - subcontract hereunder." The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713 01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit -claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job ++END OF SUPPLEMENTARY CONDITIONS++ 00800-11 00800 - Supplementary Conditions 05-13 rev 00800 11 F \Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\00800 - Supplementary Conditions 05-13 rev.doc SECTION 00942 - Change Order Form No DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: 1" Street S.W. and 43rd Avenue Intersection Improvements OWNER's Project No 1232 ENGINEER's Bid No. 2016002 You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments. (List documents supporting change) CHANGE IN CONTRACT PRICE. Description Amount Original Contract Price $ Net Increase (Decrease) from previous Change Orders No to $ Substantial Completion Final Completion Contract Price prior to this Change Order $ Net increase (decrease) of this Change Order $ Contract Price with all approved Change Orders $ ACCEPTED By: CONTRACTOR (Signature) Date CHANGE IN CONTRACT TIMES Description Time Original Contract Time Substantial Completion Final Completion (days or dates) Net change from previous Change Orders No to (days) Substantial Completion Final Completion Contract Time prior to this Change Order Substantial Completion Final Completion (days or dates) Net increase (decrease) this Change Order Substantial Completion Final Completion (days or dates) Contract Time with all approved Change Orders. Substantial Completion Final Completion (days or dates) RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED By - OWNER (Signature) Date. 00942 - Change Order Form REV 04-07 00942 - 1 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents Master Contract Documents\00942 - Change Order Form REV 04-07.doc Rev 05/01 it iI SECTION 00946 - Field Order Form Field Change No DATE OF ISSUANCE. EFFECTIVE DATE OWNER. Indian River County CONTRACTOR Project: 1st Street S.W. and 43rd Avenue Intersection Improvements OWNER's Project No. 1232 ENGINEER's Bid No 2016002 Field Activity Description: Reason for Change: Recommended Disposition: Field Operations Officer / Engineer (Signature) Date Disposition Contractor's Onsite Supervisor (Signature) Date Distribution Field Operations Officer Others as Required. On-site Supervisor Project File * * END OF SECTION * * 00946 - Field Order Form REV 04-07 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\00946 - Field Order Form REV 04-07 doc SECTION 00948 - Work Change Directive No DATE OF ISSUANCE EFFECTIVE DATE OWNER Indian River County CONTRACTOR. Project: 1st Street S.W. and 43rd Avenue Intersection Improvements OWNER's Contract No 1232 Bid No. 2016002 You are directed to proceed promptly with the following changes' Description. Purpose of Work Change Directive Attachments (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents Method of determining change in Method of determining change in Contract Prices Contract Times ❑ Unit Prices Lump Sum a Other 0 By Change Order ❑ Contractor's Records ❑ Engineer's Records ❑ Other Q By Change Order Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times Change Directive Substantial Completion days, Ready for Final Completion days If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization authorization ACCEPTED By. RECOMMENDED By. APPROVED By CONTRACTOR (Signature) Date ENGINEER (Signature) Date OWNER (Signature) Date * * END OF SECTION F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\00948 - Work Change Directive Rev 06-2013 doc Contract Documents\01024 - Force Account.doc progresses. Control delivery schedules so as to minimize unnecessary long-term storage at the project site prior to installation. 1.5 PROJECT PHOTOGRAPHSNIDEOS A. The CONTRACTOR shall make provisions, at his expense, for photographs and video tapes of all work areas just prior to construction, and for unusual conditions during construction. The photographs and videos shall show pertinent physical features along the line of construction. The purpose of the videos is to determine any damage to private or public property during construction. The video must be performed by a professional videographer. B. Pre -Construction Photographs and Video: 1. Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction. These photographs and videos shall be a standard DVD format and shall be narrated. 2. The photographs and video shall include, but not be limited to, the following items shown in a clear manner: 1) All existing features within the right-of-way. 2) All existing features within the temporary construction easement. 3) All existing features within permanent easements. 4) All existing features adjacent to any construction. 3. Detail of the photographs and video shall be such that the following examples shall be clear and visible: 1) Cracks in walls. 2) Condition of fencing. 3) Condition of planted areas and types of vegetation. 4) Condition of sodded areas. 5) Conditions of sprinkler systems and associated controls and wiring. 6) Condition of signs. 7) Conditions of lighting and associated wiring. 8) Significant detail of any pre-existing damages physical features shall be shown. The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers. 9) These photographs and video record shall be presented and approved by the Owner prior to the Notice to Proceed. A copy shall be kept in the Contractor's field office. 10)Payment — No additional payment will be made for this work. + + END OF SECTION + + 01215-2 01215 General Quality Control F.\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01215 General Quality.doc SECTION 01220 PROGRESS MEETINGS 1.1 SCOPE A. Date and Time: 1. Regular Meetings: As mutually agreed upon by ENGINEER and CONTRACTOR. 2. Other Meetings: On call. B. Place: CONTRACTOR'S office at Project site or other mutually agreed upon location. C. ENGINEER shall prepare agenda, preside at meetings, and prepare and distribute a transcript of proceedings to all parties. D. CONTRACTOR shall provide data required and be prepared to discuss all items on agenda. 1.2 MINIMUM ATTENDANCE A. CONTRACTOR B. SUBCONTRACTOR: When needed for the discussion of a particular agenda item, CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting. C. CONSTRUCTION COORDINATION MANAGER D. OWNER'S representative, if required. E. Utility Representatives F. Others as appropriate. G. Representatives present for each party shall be authorized to act on their behalf. 1.3 AGENDA Agenda will include, but will not necessarily be limited to, the following: 1. Transcript of previous meeting. 2. Progress since last meeting. 3. Planned progress for next period. 4. Problems, conflicts and observations. 5. Change Orders. 6. Status of Shop Drawings. 7. Quality standards and control. 8. Schedules, including off-site fabrication and delivery schedules. Corrective measures, if required. 9. Coordination between parties. 10. Safety concerns. 11. Other business. + + END OF SECTION + + 01220-1 01220 Progress Meetings F \Public Works\ENGINEERING DIVISION PROJECTS 1232 -1st St SW_43rdAve Intersec Improv \Admim\bid documents \Master Contract Documents\01220 - Progress Meetings.doc SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL REQUIREMENTS A. No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand. B. Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports. This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules. 1.2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised (updated) progress schedules on a monthly basis the CONTRACTOR shall: A. Indicate the progress of each activity to the date of submission. B. Show changes occurring since the previous submission listing: 1. Major changes in scope. 2. Activities modified since the previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement, submit the initial schedules to the ENGINEER. The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt. If required by the ENGINEER, resubmit revised schedules on or before the seventh day after receipt of the review copy If required by the ENGINEER, submit revised monthly progress schedules with that month's application for payment. 01310-1 01310 Construction Schedule F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01310 - Construction Schedule.doc 1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and all reviewed revisions (updated) to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 4. OWNER (two copies). 5. ENGINEER B. In the cover letter, instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedules. + + END OF SECTION + + 01310-2 01310 Construction Schedule F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01310 - Construction Schedule doc 01340 — Submittal of Shop Drawings 1.1 SCOPE A. Submit shop drawings, product data and samples as required by or inferred by the Drawings and Specifications. Submittals shall conform to the requirements of Article 6.17 of the General Conditions, Section 00700, and as described in this Section. 1.2 SHOP DRAWINGS A. Shop drawings are original drawings, prepared by the CONTRACTOR, a subcontractor, supplier, or distributor, which illustrate some portion of the work; showing fabrication, layout, setting, or erection details. Shop drawings are further defined in Article 6.17, Section 00700. B. Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings. 1.3 PRODUCT DATA A. Product data are manufacturer's standard schematic drawings and manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data. Product data are further defined in Article 6.17, Section 00700. B. Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project. C. Clearly mark catalog sheets, brochures, etc., to identify pertinent materials, products, or models. 1.4 SAMPLES Samples are physical examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. Samples are further defined in Article 6.17, Section 00700. 01340 - Submittal of Shop Drawings.doc 01340-1 F'\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovV\dmim\bid documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 1.5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. The CONTRACTOR's responsibilities for submittal of shop drawings, product data, and samples are set forth in paragraph 6.17 of the General Conditions and as further explained herein. B. Prior to submission, thoroughly check shop drawings, product data, and samples for completeness and for compliance with the Contract Documents, verify all dimensions and field conditions, and coordinate the shop drawings with the requirements for other related work. Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the CONTRACTOR's responsibility. 1. It is CONTRACTOR'S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents. 2. Incomplete or inadequate submittals will be returned for revision without review. C. The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER's review of submittals. The CONTRACTOR shall approve the shop drawings based on his in -the -field measurements, prior to submittal to the ENGINEER for his review. D. Notify the ENGINEER, in writing at the time of submission, of deviations in submittals from the requirements of the Contract Documents. The CONTRACTOR's responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER's review of submittals, unless the ENGINEER gives written acceptance of specific deviations. E. Begin no work, which requires submittals until return of submittals with the ENGINEER's stamp and initials or signature indicating the submittal has been reviewed. 01340 - Submittal of Shop Drawings.doc 01340-2 F'\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsVvtaster Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. Submit to: Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 B. A letter of transmittal shall accompany each submittal. If data for more than one Section of the Specifications is submitted, a separate transmittal letter shall accompany the data submitted for each Section. C. At the beginning of each letter of transmittal, provide a reference heading indicating the following: 1. OWNER'S Name 2. Project Name 3. Contract Number 4. Transmittal Number 5. Section Number D. All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER. The following is a sample Submittal Form that the CONTRACTOR may use: [The remainder of this page has been left blank intentionally] 01340 - Submittal of Shop Drawings 01340-3 F'Public WorksENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO. Contractor: Date Sent to County No. Copies Sent to County ❑ Original Submittal fj Re -Submittal Project Name: 1st Street S.W. and 43' Avenue Intersection Improvements Project No.: 1232 ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description: Sub -Contractor: Remarks: *********************************************************** Reviewing Agency: (As checked below) Date Received Date Returned No. Copies Ret'd ❑ I R C Engineering Div. ❑ I R C Utilities Services Remarks: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IRC Engineering Division 1801 27th Street Vero Beach, FI. 32960 Remarks: Date Rec'd from Contractor Date Ret'd to Contractor No. Copies Ret'd Distribution of Copies: IRC Engineering Division Office File Field Office File 01340 - Submittal of Shop Drawings.doc 01340-4 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv'Admim\bid documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings E. All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR. F. Assign a number to each submittal starting with No. 1 and thence numbered consecutively. Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal, the suffix "B" for the second resubmittal, etc. G. Initially submit to ENGINEER a minimum of six (6) copies of all submittals that are on 11 -inch by 17 -inch or smaller sheets (no less than 8 1/2 -inch x 11 -inch), and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 -inch by 17 -inch. H. After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations: 1. Approved 2. Approved as Corrected 3. Approved as Corrected - Resubmit 4. Revise and Resubmit 5 Not Approved I. If a submittal is acceptable, it will be marked "Approved" or "Approved as Corrected". Three (3) prints or copies of the submittal will be returned to CONTRACTOR. J. Upon return of a submittal marked "Approved" or "Approved as Corrected", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corrections indicated. K. If a Shop Drawing marked "Approved as Corrected" has extensive corrections or corrections affecting other drawings or Work, ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes. Such drawings will have the notation, "Approved as Corrected - Resubmit." L. If a submittal is unacceptable, three (3) copies will be returned to CONTRACTOR with one of the following notations: 1. "Revise and Resubmit" 2. "Not Approved" 01340 - Submittal of Shop Drawings.doc 01340-5 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documentsWtaster Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings M. Upon return of a submittal marked "Revise and Resubmit", make the corrections indicated and repeat the initial approval procedure. The "Not Approved" notation is used to indicate material or equipment that is not acceptable. Upon return of a submittal so marked, repeat the initial approval procedure utilizing acceptable material or equipment. N. Any related Work performed or equipment installed without an "Approved" or "Approved as Corrected" Shop Drawing will be at the sole responsibility of the CONTRACTOR. O. Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved. CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings. Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. P ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this, for the Shop Drawings being revised and resubmitted, and for time required to return the approved Shop Drawings to CONTRACTOR. Q. Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals. AH costs to ENGINEER involved with subsequent submittals of Shop Drawings, Samples or other items requiring approval, will be back -charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions. If the CONTRACTOR requests a substitution for a previously approved item, all of ENGINEER'S costs in the reviewing and approval of the substitution will be back -charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + 01340 - Submittal of Shop Drawings.doc 01340-6 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.1 SCOPE A. Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications. 1.2 RESPONSIBILITY A. All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site. B. All false work, scaffolding, ladders, hoistways, braces, pumps, roadways, sheeting, forms, barricades, drains, flumes, and the like, any of which may be needed in construction of any part of the work and which are not herein described or specified in detail, must be furnished, maintained and removed by the CONTRACTOR, who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction, maintenance or operation. C. In accepting the Contract, the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists, cranes, temporary structures or work and for any damage which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision. 1.3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1. Provide a temporary water service as required for all construction purposes and pay for all water used. 2. Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job. 3. Provide all temporary piping, hoses, etc., required to transport water to the point of usage by all trades. 4. When temporary water service is no longer required, remove all temporary water lines. 01520-1 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\01520 - Construction Facilities.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet these requirements. Upon completion of work, remove the facilities from the premises. 1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contract, but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public, workmen, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract. In dry weather, spray dusty areas daily with water in order to control dust. Take necessary steps to prevent the tracking of mud onto adjacent streets and highways. 1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities, services, and controls and legally dispose of them as soon as the work is complete. The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER. + + END OF SECTION + + 01520-2 F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01520 - Construction Facilities.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or Toss, CONTRACTOR'S actions shall include, but not be limited to, the following. 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft; breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by construction operations, s� that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5 Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately -owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway, right-of-way, or public place, provide barricades, fences, lights, warning signs, danger signals, and watchmen, and take other precautionary measures for the protection of persons or property and of the Work. Paint barricades so they are visible at night. From sunset to sunrise, furnish and maintain at least one light at each barricade. Erect sufficient barricades to keep vehicles from being driven on or into Work under construction. Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR's responsibility for the maintenance of barricades, signs, lights, and for providing watchmen shall continue until OWNER accepts the Project. 01541-1 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.5 PROTECTION OF EXISTING STRUCTURES A. Underground Structures: 1. Underground structures are defined to include, but not be limited to, all sewer, water, gas, and other piping, and manholes, chambers, electrical conduits, tunnels and other existing subsurface work located within or adja- cent to the limits of the Work. 2. All underground structures known to ENGINEER except service connections for water, sewer, electric, and telephone are shown. This information is shown for the assistance of CONTRACTOR in accordance with the best information available, but is not guaranteed to be correct or complete. The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3. Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24-hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRACTOR 01541-3 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 6. Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of the services which such structures provide. If CONTRACTOR damages an underground structure, restore it to original condition at CONTRACTOR's expense. 7. Necessary changes in the location of the Work may be made by ENGINEER, to avoid unanticipated underground structures. 8. If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents, ENGINEER will direct CONTRACTOR in writing to perform the Work, which shall be paid for under the provisions of Article 11 of the General Conditions. B. Surface Structures: 1. Surface structures are defined as structures or facilities above the ground surface. Included with such structures are their foundations and any extension below the surface. Surface structures include, but are not limited to, buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and all other facil- ities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same. 2. Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure. CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure. D. All other existing surface facilities, including but not limited to, guard rails, posts, guard cables, signs, poles, markers, and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR'S expense. 01541-4 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsUWaster Contract Documents\01541 - Protection of Property.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet these requirements. Upon completion of work, remove the facilities from the premises. 1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contract, but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public, workmen, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract. In dry weather, spray dusty areas daily with water in order to control dust. Take necessary steps to prevent the tracking of mud onto adjacent streets and highways. 1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities, services, and controls and legally dispose of them as soon as the work is complete. The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER. + + END OF SECTION + + 01520-2 F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01520 - Construction Facilities.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by construction operations, so that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately -owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway, right-of-way, or public place, provide barricades, fences, lights, warning signs, danger signals, and watchmen, and take other precautionary measures for the protection of persons or property and of the Work. Paint barricades so they are visible at night. From sunset to sunrise, furnish and maintain at least one light at each barricade. Erect sufficient barricades to keep vehicles from being driven on or into Work under construction. Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR's responsibility for the maintenance of barricades, signs, lights, and for providing watchmen shall continue until OWNER accepts the Project. 01541-1 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01541 - Protection of Property doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by construction operations, so that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately -owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway, right-of-way, or public place, provide barricades, fences, lights, warning signs, danger signals, and watchmen, and take other precautionary measures for the protection of persons or property and of the Work. Paint barricades so they are visible at night. From sunset to sunrise, furnish and maintain at least one light at each barricade. Erect sufficient barricades to keep vehicles from being driven on or into Work under construction. Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR's responsibility for the maintenance of barricades, signs, lights, and for providing watchmen shall continue until OWNER accepts the Project. 01541-1 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.3 TREE AND PLANT PROTECTION A. Protect existing trees, shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting, breaking or skinning of trunk, branches, bark or roots. B. Do not store or park materials or equipment within the drip line. C. Install temporary fences or barricades to protect trees and plants in areas subject to traffic. D. Fires shall not be permitted under or adjacent to trees and plants. E. Within the limits of the Work, water trees and plants that are to remain, in order to maintain their health during construction operations. F. Cover all exposed roots with burlap and keep it continuously wet. Cover all exposed roots with earth as soon as possible. Protect root systems from mechanical damage and damage by erosion, flooding, run-off or noxious materials in solution. G. If branches or trunks are damaged, prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use. H. Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality. I. Coordinate Work in this Section with requirements of other sections herein. 1.4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements, which could be damaged by construction activities. The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2) days. Irrigation systems partially within the right-of-way of 1st Street S.W. and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality. The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way. 01541-2 F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.5 PROTECTION OF EXISTING STRUCTURES A. Underground Structures: 1. Underground structures are defined to include, but not be limited to, all sewer, water, gas, and other piping, and manholes, chambers, electrical conduits, tunnels and other existing subsurface work located within or adja- cent to the limits of the Work. 2. All underground structures known to ENGINEER except service connections for water, sewer, electric, and telephone are shown. This information is shown for the assistance of CONTRACTOR in accordance with the best information available, but is not guaranteed to be correct or complete. The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3. Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24-hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRACTOR 01541-3 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 6. Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of the services which such structures provide. If CONTRACTOR damages an underground structure, restore it to original condition at CONTRACTOR's expense. 7. Necessary changes in the location of the Work may be made by ENGINEER, to avoid unanticipated underground structures. 8. If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents, ENGINEER will direct CONTRACTOR in writing to perform the Work, which shall be paid for under the provisions of Article 11 of the General Conditions. B. Surface Structures: 1. Surface structures are defined as structures or facilities above the ground surface. Included with such structures are their foundations and any extension below the surface. Surface structures include, but are not limited to, buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and all other facil- ities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same. 2. Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure. CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure. D. All other existing surface facilities, including but not limited to, guard rails, posts, guard cables, signs, poles, markers, and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR'S expense. 01541-4 F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A. The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. B. Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this CONTRACTOR's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. 1.7 ADJUSTMENTS OF UTILITY CASTINGS, COVERS AND BOXES A. All existing utility castings, including valve boxes, junction boxes, manholes, pull boxes, inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work. B. The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing. CONTRACTOR shall make available survey reference markers to the various utility companies. + + END OF SECTION + + 01541-5 F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS 1.1 GENERAL A. Provide all temporary construction roads, walks and parking areas required during construction and for use of emergency vehicles. Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions. B. Prevent interference with traffic and the OWNER's operations on existing roads. Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR's operations over these roads. C. Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER. D. Remove temporary roads, walks and parking areas prior to final acceptance and return the ground to its original condition, unless otherwise required by the Contract Documents. 1.2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. 1.3 USE OF PUBLIC STREETS FOR HAUL ROADS A. Prior to construction, the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project. Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations, prior to final payment. B. All trucks carrying earth shall be covered while moving with an appropriate tarpaulin Should trucks hauling earth fail to cover their loads, the CONTRACTOR will be given two (2) written warnings, after which the CONTRACTOR shall pay a fine of $50 per uncovered truck to the Owner 01550 Access Roads 01550-1 F.\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\01550 - Access Roads.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS when invoked by the Owner to Owner's Engineer. All cleanup shall be the responsibility of the CONTRACTOR. C. All trucks/moving equipment shall have backup warning horns in proper working order while on the job site. + + END OF SECTION + + 01550 Access Roads 01550-2 F.\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\01550 - Access Roads.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1.1 GENERAL A. Make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the Work. B. Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours. Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not be delivered to OWNER except where otherwise directed. C. If necessary to move stored materials and equipment during construction, CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation. 1.2 DELIVERY A. Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation. B. Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following: 1. Work of other contractors, or OWNER. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. OWNER'S use of premises. C. Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER. D. Do not have products delivered to site until required storage facilities have been provided. E. Have products delivered to site in manufacturer's original, unopened, labeled containers. Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work. 01610-1 F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT F. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts, and to facilitate assembly. G. Immediately on delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quantities are correct. 3. Containers and packages are intact, labels are legible. 4. Products are properly protected and undamaged. 1.3 PRODUCT HANDLING A. Provide equipment and personnel necessary to handle products, including those provided by OWNER, by methods to prevent soiling or damage to products or packaging. B. Provide additional protection during handling as necessary to prevent scraping, marring or otherwise damaging products or surrounding surfaces. C. Handle products by methods to prevent bending or overstressing. D. Lift heavy components only at designated lifting points. E. Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them. Do not drop, roll or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. + + END OF SECTION + + 01610-2 F.\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW 43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1.1 GENERAL A. Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications. B. Make all arrangements and provisions necessary for the storage of materials and equipment. Place all excavated materials, construction equipment, and materials and equipment to be incorporated into the Work, so as not to injure any part of the Work or existing facilities, and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. C. Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER. D. Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work, including proper protection against damage by extreme temperatures and moisture. E. Do not use lawns, grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. G. Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified. H. When appropriate store materials on wood blocking so there is no contact with the ground. + + END OF SECTION + + 01611-1 01611—Storage of Material F.\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\01611 - Storage of Materials.doc UI IQVQIIQUIIILy VI F.JI VULM.I. V1 VLI IGI VVI IUILIVI IJ UC.yVI IU L,UI11.1 VI VI CONTRACTOR. B. Submit 5 copies of Request for Substitution. Submit a separate request for each substitution. In addition to requirements set forth in Article 6.05 of General Conditions, include in the request the following: 1. For products or manufacturers: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. 01630-1 01630 Substitutions F \Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\01630 - Substitutions.doc 4 If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5. Engineer may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR's expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. I. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install, or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. Owner may require CONTRACTOR to furnish at CONTRACTOR's expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is sued, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute J. Substitute materials or equipment may be proposed for acceptance in accordance with this Section. In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. + + END OF SECTION + + 01630-3 01630 Substitutions F.\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv \Admim\bid documentsWlaster Contract Documents\01630 - Substitutions.doc SECTION 01820 Post Final Inspection 1.1 GENERAL A. Approximately one year after Final Completion, the OWNER will make arrangements with the Construction Coordination Manager and the CONTRACTOR for a post final inspection and will send a written notice to said parties to inform them of the date and time of the inspection. B. Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13, General Conditions. C. After the inspection, the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds. 001820 - Post Final Inspection rev 05-13.doc 001820 - 1 F \Public Works ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents1Nlaster Contract Documents1001820 - Post Final Inspection rev 05-13.doc DIVISION 2 TECHNICAL PROVISIONS SECTION NO. 00001 Technical Specifications SECTION NO 00004 Scope of Work SECTION NO. 00101 Mobilization SECTION NO. 00102 Maintenance of Traffic SECTION NO. 00104 Prevention, Control, and Abatement of Erosion and Water Pollution SECTION NO. 00108 Record/As-Built Drawings SECTION NO. 00110 Clearing and Grubbing SECTION NO. 00120 Excavation and Embankment SECTION NO. 00160 Stabilizing SECTION NO. 00285 Cemented Coquina Shell Base SECTION NO. 00286 Turnout Construction SECTION NO. 00327 Milling Existing Asphalt Pavement SECTION NO 00334 Superpave Asphalt Concrete SECTION NO. 00425 Inlets, Manholes and Junction Boxes SECTION NO. 00430 Pipe Culverts SECTION NO. 00440 Underdrain SECTION NO. 00520 Concrete Gutter, Curb Elements and Traffic Separator SECTION NO. 00522 Concrete Sidewalk and Driveways SECTION NO. 00527 Detectable Warnings SECTION NO. 00530 Riprap SECTION NO. 00570 Performance Turf SECTION NO. 00630 Conduit SECTION NO. 00632 Signal Cable SECTION NO. 00634 Span Wire Assembly SECTION NO. 00635 Pull, Splice and Junction Boxes SECTION NO. 00639 Electrical Power Service Assemblies SECTION NO. 00641 Prestressed Concrete Poles F'\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovWdmim\bid documentsWlaster Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08.doc SECTION NO. 00646 SECTION NO. 00650 SECTION NO. 00653 SECTION NO. 00660 SECTION NO. 00665 SECTION NO. 00670 SECTION NO. 00684 SECTION NO. 00685 SECTION NO. 00686 SECTION NO. 00700 SECTION NO. 00706 SECTION NO. 00711 SECTION NO. 00715 SECTION NO. 01000 Aluminum Signals Poles Vehicular Signal Assemblies Pedestrian Signal Assemblies Vehicle Detection System Pedestrian Detection System Traffic Controller Assemblies Network Devices System Auxiliaries CC TV Highway Signing Raised Retroreflective Pavement Markers and Bituminous Adhesive Thermoplastic Traffic Stripes and Markings Highway Lighting System Water and Sewer Utilities F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv \Admim\bid documents\Master Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08.doc SECTION 1- Technical Specifications STANDARD SPECIFICATIONS A. All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2015, and Supplemental Specification, Special Provisions and addenda thereto, except as modified and supplemented hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications, and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative. Wherever the Specifications, Supplementals, etc. may refer to the "Owner", "Department", "State of Florida Department of Transportation", or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida. Wherever the word "Owner's Engineer", "District Engineer", "Engineer", "Project Engineer", etc., appears, it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department, Engineering Division acting directly or through duly authorized representatives. Wherever the word "Resident Engineer" appears, it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work. The work to be performed per sheet Bid item 1643-700 and all other utility work shall conform to the applicable technical specifications of Indian River County Department of Utility Services, Water, Wastewater, Utility Standards Dated March, 2014. The work to be performed per line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings, Signing & Geometrics Dated March, 2012. SECTION 4- SCOPE OF WORK Section 4-3.9 Value Engineering Incentive is deleted in its entirety. SECTION 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. (2015 Edition) Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 101-1 - Mobilization - Lump Sum 01025-1 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsUWaster Contract Documents\Technical Specifications.doc SECTION 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015 Edition), except as modified herein. A. GENERAL PROVISIONS -DESCRIPTION: The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. It shall include the construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences, businesses, etc., along the project; the furnishing, installing and maintaining of traffic control and safety devices during construction, the control of dust through the use of calcium chloride if necessary, and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans. The term, Maintenance of Traffic, as used herein, shall include all of such facilities, devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section. B. BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall present his Maintenance of Traffic Plan at the pre -construction conference. The Maintenance of Traffic Plan shall indicate the type and location of all signs, lights, barricades, striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen. The plan will indicate conditions and setups for each phase of the Contractor's activities. When the project plans include or specify a specific Maintenance of Traffic Plan, alternate proposals will be considered when they are found to be equal to or better than the plan specified. In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic. The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at nighttime, of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised of the .schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. 01025-2 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design, Construction, Maintenance and Utility Operations On The State Highway System, Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers or other safety devices will be required where unusual, complex or particularly hazardous conditions exist. The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (MUTCD). D. TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS - INSTALLATION: The responsibility for installation and maintenance of adequate traffic control devices, warning devices and barriers, for the protection of the travel in public and workmen, as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove, turn or cover any devices or barriers which do not apply to existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. E. NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F. Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 1St Street S.W. and 43rd Avenue at all times. The Contractor shall maintain one lane of traffic at all times during 1st Street S.W. cross drain culvert constructions. G. The Changeable Variable Message Sign shall be used as necessary. The location, message, and duration shall be as directed by the Engineer. H. In addition to above, the contractor shall comply with INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF- WAY CONSTRUCTION in Appendix C. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 102-1 - Maintenance of Traffic - Lump Sum Bid Item No. 102- 99 - Changeable Variable Message Sign — Per Day 01025-3 Technical Specifications F -\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc SECTION NO. 104 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION PART 1 — GENERAL 1.1 SCOPE A. This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area. The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area, to undeveloped portions of the site or off-site. B. The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense. The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area. C. The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project's construction. The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures, when in the sole opinion of the OWNER, they are warranted. If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution, beyond those specified in the Drawings or herein, implement additional best management practices as necessary, in accordance with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual, and other references as may be required by regulatory permits. (http://www dep.state.fl.us./water/nonpoint/docs/erosion/erosion-inspectors- manual.pdf) D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section. Alternatively, the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section. If the OWNER halts the CONTRACTOR's work as a result of its failure to comply with this Section, the Construction Contract time clock will continue to run. E. In addition to these Specifications, comply with Chapter 4 - "Best Management Practices for Erosion and Sedimentation Control" and Chapter 5 — "Best Management Practices for Dewatering" of the Florida Erosion and Sediment Control Inspector's Manual. In the event of a conflict between the referenced Chapters and these Specifications, the more stringent requirement shall prevail 1.2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A. The OWNER has obtained certain permits for this project and they are listed in paragraph SC -6.08 of the Supplementary Conditions. Per paragraph SC -6.08.A 2 of the Supplementary Conditions, the CONTRACTOR shall apply for, obtain, and pay for all other required permits, licenses, sampling, and tests. Permits the 01025-4 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc CONTRACTOR may need to secure may include but not be limited to 1. Long-term and/or short-term dewatering permit as required by the St. John's River Water Management District (SJRWMD). Generally, only the short-term permit is required. Contact SJRWMD at (321) 984-4940 to determine which permit is required and the associated statutory requirements; 2. SJRWMD RDS -50 Permit (required); 3. The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (required). Contact the Florida Department of Environmental Protection (FDEP) at (866) 336-6312 (toll free) or (850) 245-7522 or www.dep.state.fl.us/water/stormwater/npdes/ 4. FDEP's Uncontaminated Groundwater Release Permit (required if dewatering occurs). This permit requires water quality testing by a State certified laboratory. B Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER. If there is a conflict between any permit requirement and these Specifications, the more stringent specification or requirement shall govern. C. In addition to paying for all permit fees, CONTRACTOR shall also pay for all water quality sampling and laboratory tests required by any permit. 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and permits and approved for use by the OWNER and applicable permitting authorities. B. From time to time, the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER. If at any time, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of the project down that is not in compliance, and it shall remain shut -down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and treatment system plans and specifications. C. Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. In addition to other temporary erosion control measures that may be implemented, application of polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased, unless final landscaping has been installed. Polyacrylamide application shall be as specified herein. 01025-5 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc D. Inspect each, pollution control system at least once per day and after each rainfall event. Clean and maintain each pollution control system as required by its manufacturer or the OWNER, until the system is no longer needed. If a water quality violation occurs, immediately cease all work contributing to the water quality violation and correct the problem. E. Discharge shall not violate State or local water quality standards in the receiving waters, nor cause injury to the public health or to public or private property, nor to the Work completed or in progress. The receiving point for water from construction operations shall be approved by the applicable owner, regulatory agency, and the ENGINEER. F. Promptly repair all damage at no cost to the OWNER. 1.4 SUBMITTALS A. Shop Drawings: Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340. B. Stormwater Pollution Prevention Plan. 1.5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR INSTALLATION, AND MAINTENANCE A. State Certified Erosion Control Specialty Subcontractor is Required for Installation and Maintenance: Installation and maintenance of all erosion and stormwater pollution control devices, shall be by a State Certified erosion control subcontractor who specializes in the installation and maintenance of such devices. After installation, this specialty subcontractor shall maintain the erosion and stormwater pollution control devices until in the ENGINEER's sole opinion, the devices are no longer necessary (such time not to extend past the date the OWNER formally accepts the project as complete). Before beginning construction, submit to Indian River County for review and approval, a Stormwater Pollution Prevention Plan (SWPPP), prepared by the certified erosion control subcontractor. Construction shall not begin until the SWPPP has been approved by Indian River County. Submit the approved SWPPP to the ENGINEER before beginning construction. Include in the SWPPP, the "Contractor's Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site" (located at the end of this Section). 1.6 "POLLUTION" AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. With respect to this Section and as may be further defined in paragraphs 1.6 B, 1.6.C, and 1.6.D, "pollution" is the presence in off-site waters of any substances, contaminants, or manmade or human -induced impairment of off-site waters or alteration of the chemical, physical, biological, or radiological integrity of off-site 01025-6 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property. Pollutants to be removed include but are not limited to, sediment and suspended solids, solid and sanitary wastes, phosphorus, nitrogen, pesticides, oil and grease, concrete truck washout, stucco mixer washout, curb machine washout, washout from other construction equipment, construction chemicals, and construction debris. B. When the Discharge is Directly Into an Existing Water Body, Pollution Occurs When An existing water body (including ditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time, the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is at least 29 nephelometric turbidity units (NTUs) higher than the turbidity of the background water upstream of the discharge point(s). [See Fla. Administrative Code 62- 302.530] Exception: When the discharge is directly into or through an outfall discharging into "Outstanding Florida Waters," designated by Florida Statute 403.061(27), the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water. The ENGINEER or OWNER shall determine the locations where the turbidity is measured. C. When the Discharge is not Directly Into an Existing Water Body, Pollution Occurs When ... In some instances, dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such as after traveling through pipes or by overland flow. Before construction commences, the Contractor will measure background levels of total suspended solids (TSS) and turbidity, in the immediate vicinity of the discharge water's ultimate discharge point into the receiving water body. If the discharge water's TSS and turbidity measurements exceed these pre -construction background values by 20 percent for TSS and 29 NTUs for turbidity, then the discharge from the CONTRACTOR's operations is defined to be polluted. D. Pollution Always Occurs When ... The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is Tess than 6.5 or greater than 8.5, or whenever any of the following is present in the discharge water: (1) Hazardous waste or hazardous materials in any quantity, (2) Any petroleum product or by-product in any quantity, (3) Any chemical in any quantity, or (4) Concentrated pollutants. E. Above paragraphs 1.6.B, 1.6.C, and 1.6.D do not in any way, limit the types of conditions in which pollution may be determined to occur. 1.7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A. In addition to the OWNER's specific remedies, if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site, the OWNER will immediately report the violations to the Indian River County Code Enforcement Board, SJRWMD, FDEP, Indian River Farms Water Control District (or other F. S. 01025-7 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc Chapter 298 Drainage District, as appropriate), and other pertinent regulatory or enforcement agencies. PART 2 - MATERIALS AND INSTALLATION 2.1 GENERAL A. Polyacrylamide: As required in Paragraph 1.3.C, place polyacrylamide (PAM) on bare ground to reduce the potential for erosion. PAM may also be used in water bodies to remove turbidity. Use the anionic form of polyacrylamide that does not stick to fish gills. For PAM information and its proper application, contact Applied Polymer Systems, Inc., (678) 494-5998, www.siltstop.com. B. Staked Silt Fences: 1. General: Use silt fences to control runoff from the construction site where the soil has been disturbed. 2. Installation: Install per the manufacture's recommendations and as specified herein. In general, install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric. All supporting posts shall be on the down-slope side of the fencing. Place the bottom of the fabric 6 -inches minimum, under compacted soil to prevent the flow of sediment underneath the fence. Place silt fences away from the toe of slopes. Otherwise, install in accordance with FDOT Index No. 102. 3. Product: All material shall be new and unused. Use FDOT Types II through IV silt fences where large sediment loads are anticipated, where slopes are 1:2 (vertical: horizontal) or steeper, or as directed by the ENGINEER; otherwise use FDOT Type III silt fence. (a) For FDOT Type III Silt Fence - ACF Environmental, Catalog No. 360800000, Florida DOT Silt Fence. U.S. Sieve = 30, tensile strength = 120 pounds. The heavy-duty filter fabric shall be pre -attached to 48 -inch long stakes on 6 -foot centers. (1-800-448-3636). (b) For FDOT Type IV Silt Fence, modify the above Catalog No. 360800000 to comply with FDOT Index No. 102. (c) Or equivalent. C. Turbidity Barriers: 1. General: Use turbidity barriers to control sediment contamination of rivers, lakes, ponds, canals, etc. 2. Installation: Install per the manufacturer's recommendations and per FDOT Index No. 103 unless directed otherwise by the ENGINEER. 3. Product: All material shall be new and unused. The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow. a. Parker Systems, Inc.(1-866-472-7537),model Type II or Type I b. Or equivalent. D. Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags: 1. Remove silt, sediment, and other particles from dewatering or pumping 01025-8 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc applications using a filter bag. The bag shall be manufactured using a polypropylene non -woven geotextile and sewn by a double -needle machine, using a high strength nylon thread. The bag shall have a fill spout Targe enough to accommodate a 4 -inch pump discharge hose. Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many filter bags as required, at no additional cost to the OWNER. Legally dispose of the bags offsite, at no cost to the OWNER. If the bags are placed on aggregate to facilitate filtration efficiency, do not use limerock aggregate. 3. Product: The filter bag shall be supplied with lifting straps. a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental, Inc. (1-800-448-3636). b. "DANDY DEWATERING BAG" supplied by Dandy Products, Inc. (1-800-591-2284). c. Or equivalent. E. Curb Inlet Protection: 1. Filter stormwater before it enters curb inlets. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. The length of the curb inlet filtration device shall be at least 2 -feet longer than the curb inlet opening. a. "GUTTERBUDDY," supplied by ACF Environmental, Inc. (1-800-448- 3636). b. Or equivalent. F Catch Basin Protection: 1. Filter stormwater before it enters catch basins (drop inlets). The filter "sack" shall be manufactured from woven polypropylene geotextile and sewn by a double -needle machine, using a high strength nylon thread. The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features: two dump straps attached at the bottom to facilitate emptying; lifting loops as an integral part of the system to be used to lift the sack from the basin; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls. The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. a. "SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1- 800-448-3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579- 8819). c. Or equivalent. 01025-9 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc G. Construction Site Egress Driveways: Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels. Construct a crushed rock driving surface at the vehicle exit point(s). Provide an area Targe enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area. Provide wash -down stations as required to wash vehicle tires and retain all washwater on-site. Do not use limerock. H. Rock and Stone for Erosion Control and Pollution Control and Treatment: 1. Crushed Limerock: Crushed limerock shall not be used under any circumstance. ° 2. Acceptable Material: FDOT #4 non -calcareous aggregate (usually granite), washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction, Section 901. Hay Bales: Hay bales shall not be used. PART 3 - EXECUTION A. Design, construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities. B. Apply polyacrylamide only as directed by the polyacrylamide manufacturer/supplier. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 104-10-3 — Sediment Barrier — Per Linear Foot Bid Item No. 104-18 — Inlet Protection System — Per Each [The remainder of this page was left blank intentionally] 01025-10 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc CONTRACTOR'S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to Indian River County Project No. 1232 for 1St Street S.W. and 43rd Avenue Intersection Improvements STATE OF COUNTY OF Personally before me the undersigned authority, appeared administered, stated as follows: 1. This sworn statement is submitted by the CONTRACTOR , who upon oath duly whose business address is and (if applicable) its Federal Identification No.(FEIN) is 2. My name is and my relationship to the entity named above is (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) 3. I understand and agrees that in addition to complying with the terms and conditions of the Stormwater Management System Permit issued by Indian River County, Contractor is responsible for complying with the terms and conditions of the following as applicable to the site: (a) State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger), (b) Stormwater Pollution Prevention Plan (regardless of project size), (c) St. Johns River Water Management District permit(s) (regardless of project size), (d) Florida Department of Environmental Protection permit(s) (regardless of project size), (e) All other permits required for this project not specifically listed herein, and (f) All Codes and Ordinances of Indian River County. 4. I understand and agrees that "pollution" as defined by Florida Statutes Chapter 403.031(7) includes. "... the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human -induced impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere 01025-11 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents Master Contract Documents\Technical Specifications.doc with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law." 5. I understand and agrees that in addition to the definition set forth in Item 4 above, "pollution" is also defined by Florida Administrative Code 62-302.530 and as may be further defined in the Indian River County permit(s). 6. I understand that Indian River County requires the design, installation, and maintenance of proper erosion control measures at all times during construction until complete stabilization is achieved at the project site. Contractor understands that this requirement is for this project regardless of the project size. 7. I understand that there are civil and criminal penalties for pollution listed in Florida Statutes Ch. 403.141 and Ch. 403.161 and that there are other penalties listed in Indian River County's permits, including but not limited to, Indian River County issuing a Cease and Desist Order for the project. Contractor understands that it may be liable for these and other penalties if offsite pollution occurs as a result of activities associated with the Project. 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one (21) days of any transfer of ownership or control of the real property at which the permitted activity, facility, or system is located or authorized, the Contractor shall notify in writing, both the Indian River County Engineering Division and the Indian River County Stormwater Division of the transfer. Contractor shall provide the name, mailing address, and telephone number of the transferee and a copy of the instrument effectuating the transfer. Said notification is in addition to notifying the County Attorney's Office as required by County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Contractor must provide (1) the information required in Item 8(a); (2) a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit; and (3) a new "Contractor's Affidavit" form properly executed by the transferee. Upon proper receipt of these items the County shall transfer the permit to the transferee. (c) Contractor is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility, system, or activity is located or authorized. However, the transfer shall not be effective prior to the sale or legal transfer. (d) An "Illicit Discharge Sign" must be present at the site at the time of transfer. Replacement or additional signs may be obtained from the Indian River County Public Works Department at a cost of $30.00 per sign. [The remainder of this page was left blank intentionally] 01025-12 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc Under penalty of perjury, Contractor declares that it has read the foregoing affidavit and the facts stated in it are true. Contractor: FURTHER AFFIANT SAYETH NAUGHT Authorized Signature: Printed Name: Date: (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) The foregoing instrument was subscribed and sworn to before me this day of , 20_ by who is personally known to me or has produced as identification and who did take oath. Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + 01025-13 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc SECTION 108 — RECORD / AS -BUILT DRAWINGS GENERAL Maintain, prepare and provide the ENGINEER with record documents as specified below, except where otherwise specified or modified within the scope of work provided in the specific project contract documents. The Contractor and/or Developer shall be responsible for, and required to provide, Record Drawings as outlined in this section. MAINTENANCE OF RECORD DOCUMENTS: 1. Maintain in CONTRACTOR's field office in clean, dry, legible condition complete sets of the following project documents: Drawings, Specifications, Addenda, approved Shop Drawings, samples, photographs, Change Orders, other modifications of Contract Documents, test records, survey data, Field Orders, and all other documents pertinent to CONTRACTOR'S Work. 2. Provide files and racks for proper storage and easy access. 3. Make documents available at all times for inspection by ENGINEER and OWNER. 4. Do not use record documents for any other purpose and do not remove them from the field office. 5. Label each document "RECORD DRAWING" in 2 -inch high printed letters. 6. Keep record documents current at all times. 7. No work shall be permanently concealed until the required record data has been obtained. RECORD / AS -BUILT DRAWINGS A. During the construction operation, the CONTRACTOR shall maintain records of all deviations from the approved Project Plans and Specifications and shall prepare therefrom "RECORD" drawings showing correctly and accurately all changes and deviations from the work made during construction to reflect the work as it was actually constructed. B. The Record/As-Built survey shall be performed and subsequent plans prepared by a Professional Surveyor and Mapper, registered in the state of Florida and certified to the standards set forth in Chapter 472, Florida Statutes and Chapter 5J-17.050 Florida Administrative Code (Florida Minimum Technical Standards). C. Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. Clearly shown by symbols, notations, or delineations, those constructed improvements located by the survey. D. All vertical information (elevations) provided on the Record Drawings shall be referenced to the North American Vertical Datum of 1988 (NAVD 88) unless otherwise specified by the Project Engineer. 01025-14 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc E The horizontal information provided on the Record Drawings shall be referenced to the State of Florida, State Plane Coordinate System, Florida East Zone as established by Global Positioning System (GPS) which meets or exceeds Third Order Class 1 Accuracy Standards according to current publication of the Federal Geodetic Control Committee (FGCC) procedures. F. All Record/As-Built drawings shall be prepared in digital format (ACAD Civil 3D 2013) and shall utilize the digital design drawings as prepared by the Project Engineer as a base for the Record/As-Built drawings. It is the responsibility of the Surveyor to request these files from the Contractor or Project Owner in order to produce the Record/As-Built drawing set. G. ALL improvements proposed to be constructed as shown on the approved construction plans shall be field measured upon completion and shown on the Record/As-Built survey. Any improvements that appear in both plan and profile views shall show the Record/As-Built information in both views. H. The following items are required to be shown on all Indian River County project Record/As-Built drawings submitted to the County: DRAINAGE: 1. Right-of-way Swale/Drainage — All culvert inverts, elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 2. Pipe Culvert/PVC Sleeves — All inverts, pipe size, stations and offsets. 3. Outfalls — All pipe inverts, pipe size, elevations and station offsets, weir box elevations, weir elevation, bleeder elevation and sizes. 4. Roadway/Off Site Drainage — All inverts, elevations and station offsets; manhole top elevation; grate top elevations. 5. Retention Ponds — Provide perimeter elevations, grade breaks, depths and calculated pond areas at control elevation and grade breaks above and below water surface. Show as -built of typical cross section as shown on design plan. ROADWAY: 1. Stations and offsets related to controlling baseline and elevations of all structures, side street and major driveway radius returns (edge of pavement), bends and/or change in direction of roadway alignment, minimum of 1000' intervals along roadway alignment. 2. Elevations along Profile Grade Line (PGL), of all edge of pavements on each side of Profile Grade Line (PGL), at medians at the high/low and PVI points along Profile Grade Line (PGL). 3. All final Elevations to be plotted on PGL AND Plan & Profile sheets as applicable. 4. Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets. 01025-15 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc WATER, FORCE, AND RECLAIMED WATER MAINS: 1. Show size and type of material used to construct mains. 2. Show horizontal location and elevation of all tees, crosses, bends, terminal ends, valves, fire hydrants, air release valves, and sampling points, etc., by distances from known reference points. 3. Show location, size and type of material of all sleeves and casing pipes. 4. Elevation and horizontal location of all storm sewers, gravity sewers including laterals, force mains, water mains, etc. which are crossed; including clearance dimension at all conflicts or crossings. 5. Top of pipe elevation and horizontal location of all water and force main stub - outs. 6. Horizontal location of all services at the property lines. 7 Horizontal and vertical location of pipe including size of all mains and ground elevation shall be obtained at one -hundred (100) foot intervals. Contractor shall place temporary PVC stand pipes (tell -tales) at each of the one - hundred (100) foot intervals and at all fittings and conflicts/crossings to facilitate the record drawing survey. The tell-tale pipes shall be constructed of 2 -inch PVC pipe, shall be placed on the top of the pipes to be surveyed, and shall be removed by the Contractor after completion of the field survey by the "As -Built" Professional Surveyor. 8. Location of fire lines. 9. Dedicated easement locations, identified by O.R. Book and Page Number. GRAVITY SEWER: 1. Manholes: Elevation of top rim, bottom elevation and invert of each influent and effluent line. 2. Show distance between manholes center -to -center and horizontal location by baseline station and offset. 3. Show material size and type used to construct sewer mains. 4. Show length (center of manhole to end of stub) distances from known reference points or baseline offsets, and elevation of stub -outs. 5. Show which services have twenty (20) foot length of DIP at water main crossings. 6. Show station and offset location of sanitary services' at property line. Particular care in dimensioning needed in special situations, i.e., cul-de-sacs and locations where services are not perpendicular to wye. 7 Show invert elevation of sanitary service at property line. 8. Any and all necessary dedicated easement locations, identified by O.R. Book and Page Number. PUMP / LIFT STATION: Record Drawings shall show elevations for the top and bottom and diameter of wet well along with invert of effluent line. Record Drawings should also indicate the 01025-16 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc make, model number, horsepower, impeller and condition point of pumps selected and installed, shape of wet well, location of control panel, location of pump out connection, float level settings, any deviation from the plans, and serial number(s) of the pump(s). SURVEY CONTROL 1. Install/re-establish: It shall be the contractor's responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472, Florida Statutes, to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction. 2. New roadway alignment control points (survey baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State plane coordinates and elevations for all control points. '1 3. If shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s),vertical control (bench marks), property corners destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s) shall be notified in writing of disturbance and re -establishments. RECORD/AS-BUILTS DRAWINGS FORMAT - SUBMITTAL A. ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for,the input of the As -Built (record) information. B. CONTRACTOR shall deliver seven (7) certified sets of Record/As-Builts with Electronic Drawing files prepared in ACAD Civil 3D 2013 AND PDF format or in current version as agreed by the ENGINEER. C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record drawing(s). Said drawing(s) shall clearly state type of survey, positional tolerances, adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida, any standards set forth by Florida Statutes, Administrative code and Minimum Technical Standards for As-Built/Record surveys. D. All Record/As-Built drawings are subject to review and approval by County Surveyor. 01025-17 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. COMPLETION OF WORK Upon Substantial Completion of the Work, deliver Record Drawings/As-Built Drawings to ENGINEER. Final payment will not be made until satisfactory record documents are received and approved by ENGINEER. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 108-1 —As -Built Drawing (By Registered Land Surveyor) — Lump Sum Bid Item No. 108-2 — Survey Control (Install/Re-Establish) — Lump Sum [The remainder of this page was left blank intentionally] 01025-18 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc Lic. Name Board of Professional Surveyors and Mappers Record As -Built Survey Checklist Date: Project Name: 1St Street. S.W. and 43rd Avenue Intersection Improvements Project No.. 1232 Chapter 61G17-6 Minimum Technical Standards F.A.C. 61G17-6.003 General Survey, Map, and Report Content Requirements ❑ (1) REGULATORY OBJECTIVE: The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective, surveyors and mappers must achieve the following minimum standards of accuracy, completeness, and quality: ❑ (a) Accuracy of survey measurements based on the type of survey and expected use. ❑ (b) Measurements made in accordance with the United States standard, feet or meters. ❑ (c) Records of measurements maintained for each survey (check field notes.) ❑ (d) Measurement and computation records dated. ❑ (e) Measurement and computation records substantiate the survey map. ❑ (f) Measurement and computation records support accuracy statement (closure calculations or redundant measurements, if applicable.) (2) Other More Stringent Requirements: ❑ (a) Met more stringent requirements set by federal, state, or local governmental agencies. (3) Other Standards and/or Requirements that Apply to All Surveys, Maps, and/or Survey Products: ❑ (a) REGULATORY OBJECTIVE: In order to avoid misuse of a survey and map, the surveyor and mapper must adequately communicate the survey results to the public through a map, report, or report with an attached map. (b) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective, surveyors and mappers must meet the following minimum standards of accuracy, completeness, and quality: ❑ (c) Type survey stated on map and report: As -Built Survey Hydrographic Survey Boundary Survey Mean High Water Line Survey Condominium Survey Quantity Survey Construction Layout Survey Record Survey Control Survey Specific or Special Purpose 01025-19 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWaster Contract Documents\Technical Specifications.doc Survey Topographic Survey ❑ (d) Name, certificate of authorization number, and street and mailing address of the business entity on the map and report. ❑ (e) Name and license number of the surveyor and mapper in responsible charge. ❑ (f) Name, license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report. ❑ (g) Survey date (date of data acquisition.) ❑ (h) Revision date for any graphic revisions (when survey date does not change.) ❑ (i) Map and report statement "Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper." ❑ (j) Insurance statement in 1/4" high letters "The survey depicted here is not covered by professional liability insurance" if there is no professional liability insurance. ❑ (k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. ❑ (I) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise. ❑ (m) Bearings, distances, coordinates, and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise. ❑ (n) Bearing reference (well established and monumented line) ❑ (o) A designated "north arrow" ❑ (p) Stated scale or graphic scale ❑ (q) Abbreviations in legend or notes. ❑ (r) Special conditions and any necessary deviation from the standards noted upon the map or report. ❑ (s) Responsibility for all mapped features stated on the map or report ❑ (t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others. (u) Map Accuracy. (1) Vertical Feature Accuracy: 01025-20 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc ❑ (a) Vertical Control: Field -measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark. ❑ (b) Closure in feet must be accurate to a standard of plus or minus .05 ft. times the square root of the distance in miles. ❑ (c) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s) upon which the survey is based. ❑ (d) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum. (2) Horizontal Feature Accuracy: ❑ (a) Horizontal Control: All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based. ❑ (b) Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum. ❑ (c) The accuracy of control survey data shall be verified by redundant measurements or traverse closures. All control measurements shall achieve the following closures: Commercial/High Risk Linear: 1 foot in 10,000 feet; Suburban: Linear: 1 foot in 7,500 feet; Rural: Linear: 1 foot in 5,000 feet; ❑ (d) When statistical procedures are used to calculate survey accuracies, the maximum acceptable positional tolerance, based on the 95% confidence level, should meet the same equivalent relative distance standards as set forth in 61G17- 6.003(3)(p)(2.)(c) F.A.C. ❑ (e) Intended Display Scale: All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: "This map is intended to be displayed at a scale -of 1/_ or smaller". 61G17-6.004 Specific Survey, Map, and Report Requirements (1) As-Built/Record Survey: ❑ (a) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. ❑ (b) Clearly shows by symbols, notations, or delineations, those constructed improvements located by the survey. 01025-21 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc 11 ❑ (c) All maps prepared shall meet applicable minimum technical standards. ❑ (d) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations. (END OF SECTION) 01025-22 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc I! SECTION NO. 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. (2015) with the following modifications: A. Prior to any clearing and grubbing, the contractor will stake the right-of-way. Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetation, rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected. Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade. No stumps, roots, or perishable matter of any description shall remain under concrete slabs or footing, including pavement and sidewalks. B. No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved, after a review of the project site with the Contractor's representative. C. Where the final pavement or structural work will be close to existing trees, the Contractor shall exercise care in the vicinity of the trees. Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization, structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots. If directed by the Engineer or where shown on the drawings, work shall be done by hand in order to protect the trees. D. The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures. The Contractor shall not pull hair or major root structures. All severed roots shall be sawn clean and painted with pruning paint. Stumps, roots, etc., shall be completely removed and disposed of by the Contractor. Undesirable, dead, and/or damaged trees (as so designated by the Engineer) shall be removed. E. All trees to be removed shall be disposed off site; burning will be strictly prohibited. F. All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required, this work shall be done in cooperation with the Owner and at no additional expense to the Owner. G. All items to be removed shall be excavated to their full depth. All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may 01025-23 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc donate them to the County free of charge. (See Paragraph C, Special Provisions) The Contractor shall transport the culverts to the County's storage yard. All metal castings for catch basins, manholes, or other structures shall be carefully removed and stored in the County's Storage Yard if they are deemed salvageable by the Engineer. The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner. Any culverts, structures or any material excavated or removed from the project site under clearing and grubbing deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the Contractor. Where required, suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground. The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications. H. No additional payment will be made, nor will additional work, or change orders be authorized for work needed to remove, relocate, protect, or otherwise account for in the construction of the work depicted in the plans, for any feature, or item that would be apparent from a careful inspection of the site and review of the plans, even though such feature or item is not specifically called out in the plans. It is therefore essential the contractor make such inspection and review. I. The unit price bid for this item shall include the cost of all labor, tools, and equipment necessary to excavate, remove, and dispose of those items as directed by the Engineer and where designated on the Drawings. The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item. Item of Payment Payment for the work specified in this item shall be made under: Bid Item 110-1-1 - Clearing and Grubbing - Lump Sum Bid Item 110-7-1 — Mailbox Relocation — Per Each SECTION — 120 - EXCAVATION AND EMBANKMENT A. Earthwork, including earthwork for drives outside the right-of-way limits, shall be paid for as embankment. Cost shall include all work specified in this section and Section 120 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Such price and payment shall specifically include all cost of any roadway, lateral ditch or canal, and final dressing operations. B. Earthwork quantities shall be considered as in-place material with no shrinkage or expansion factors. C. Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill, isolated swale bottom locations, isolated locations for pipe installations and as 01025-24 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc approved by the engineer shall be paid for as subsoil excavation. Approximately 2 0 ft of subsoil excavation is required in sublateral canals. Cost of replacement embankment shall be included in cost of subsoil excavation. Contractor shall coordinate with county representative prior to any subsoil excavation. D. Embankment - General Requirements for Embankment Materials: The following is added after the first paragraph of Subarticle 120-7.2: Roadway Design Standard Index No. 505, Embankment Utilization Details is modified by the addition of the following: Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner. Backfill material containing more than 2.0% by weight of organic material, as determined by FM 1-T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material, shall not be used in construction of the reinforced volume. If an individual test value of the three samples exceeds 3.0%, the stratum or stockpile will not be suitable for construction of the reinforced volume. No A-8 material permitted in embankment. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 120-1 — Regular Excavation— Per Cubic Yard Bid Item No. 120-6 - Embankment - Per Cubic Yard SECTION -160-STABILIZING A. Section 160 is modified by the addition of the following: "The stabilization thickness indicated on plans shall be considered a minimum thickness. Thickness will vary to conform to the lines, and grades shown in the plans." Minimum L.B.R. = 40 - No under -tolerance. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 160-4 - Type "B" Stabilization (12" Subgrade LBR 40) - Per Square Yard 01025-25 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWaster Contract Documents\Technical Specifications.doc SECTION — 285 - CEMENTED COQUINA SHELL BASE A. Sub Article 285-4 is modified by the addition of the following: Base material, thickness and requirements are described in the construction plans. Only one type of alternate base material shall be used. No additional payment will be made for base thickness in excess of the specified thickness Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 285-706 — Optional Base Group 06, 8" Cemented Coquina Shell Base, LBR 100, 2 Lifts - Per Square Yard SECTION — 286 — TURNOUT CONSTRUCTION The work specified in this item shall conform to Section 286 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 286-1 — Turnout Construction (Concrete) — Per Square Yard SECTION — 327 — MILLING EXISTING ASPHALT PAVEMENT The work specified in this item shall conform to Section 327 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 327-70-6 — Milling Existing Asphalt Pavement (1-1/2" Average Depth) — Per Square Yard SECTION — 334 - SUPERPAVE ASPHALT CONCRETE The work specified in this item shall conform to Section 334 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). 01025-26 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc Sub article 334-8.1 through 334-8.3 — Basis of Payment shall be deleted in its entirety. Sub article 334-8.4 — Payment shall be amended as follows: Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 334-1-13 — Superpave Asphalt Concrete—(S.P. 12.5, 1-3/4" Thick) — Per Square Yard. Bid Item No. 334-1-13A — Superpave Asphalt Concrete — (S.P. 9.5, 1-1/4" Thick) — Per Square Yard. Bid Item No. 334-1-13B — Superpave Asphalt Concrete, Overbuild — (SP 12.5, Thickness varies) — Per Ton SECTION — 425 — INLETS, MANHOLES AND JUNCTION BOXES The work specified in this item shall conform to Section 425 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 425-1-361 — Inlets, Curb, Type P-6, <10' - Per Each Bid Item No. 425-1-451 — Inlets, Curb, Type J-5, <10' — Per Each Bid Item No. 425-1-521 — Inlets, Ditch Bottom, Type C, <10' — Per Each Bid Item No. 425-1-553 — Inlets, Ditch Bottom, Type E, J Bottom, <10' — Per Each Bid Item No. 425-1-583 — Inlets, Ditch Bottom, Type H, J Bottom, <10' — Per Each Bid Item No. 425-2-41 — Manholes, P-7, <10' — Per Each Bid Item No. 425-2-71 — Manholes, J-7, <10' — Per Each Bid Item No. 425-6 — Valve Boxes, Adjust — Per Each SECTION 430 — PIPE CULVERTS The work specified in this item shall conform to Section 430 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 430-174-112 — Pipe Culvert, Round, 12" SD (Corrugated Aluminum Pipe) — Per Linear Foot 01025-27 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc II Bid Item No. 430-174-112A - Pipe Culvert, Round, 12" SD (Reinforced Concrete Pipe) — Per Linear Foot Bid Item No. 430-174-115 — Pipe Culvert, Round, 15" SD (Corrugated Aluminum Pipe) — Per Linear Foot Bid Item No. 430-174-115A— Pipe Culvert, Round, 15" SD (Reinforced Concrete Pipe) — Per Linear Foot Bid Item No. 430-174-118 — Pipe Culvert, Round, 18" SD (Corrugated Aluminum Pipe) — Per Linear Foot • Bid Item No. 430-174-118A— Pipe Culvert, Round, 18" SD (Reinforced Concrete Pipe) — Per Linear Foot Bid Item No. 430-174-124 — Pipe Culvert, Round, 24" SD (Reinforced Concrete Pipe) — Per Linear Foot Bid Item No. 430-174-215 — Pipe Culvert, Ellip/Arch, 15" SD (12"X18") (Reinforced Concrete Pipe) — Per Linear Foot Bid Item No. 430-174-224 — Pipe Culvert, Ellip/Arch, 24" SD (19"X30") (Reinforced Concrete Pipe) — Per Linear Foot Bid Item No. 430-175-218 - Pipe Culvert, Ellip/Arch, 18" S/CD (14"X23") (Reinforced Concrete Pipe) — Per Linear Foot Bid Item No. 430-175-260 - Pipe Culvert, Ellip/Arch, 60" S/CD (48"X76") (Reinforced Concrete Pipe) — Per Linear Foot Bid Item No. 430-175-260A - Pipe Culvert, EIIip/Arch, 60" S/CD (48"X76") (Reinforced Concrete Pipe) (Slotted) — Per Linear Foot Bid Item No. 430-984-123 — Mitered End Section, Round, 15" SD — Per Each Bid Item No. 430-984-125 — Mitered End Section, Round, 18" SD — Per Each Bid Item No. 430-984-625 — Mitered End Section, EIIip/Arch, 18" SD (14"X23") — Per Each Bid Item No. 430-984-629 — Mitered End Section, Ellip/Arch, 24" SD (19"X30") — Per Each SECTION - 440 - UNDERDRAIN The work specified in this item shall conform to Section 440 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 440-1-20 — Underdrain, Type II (8" PVC) (Non-Perf) — Per Linear Foot Bid Item No. 440-1-20A — Underdrain, Type II (8" PVC) (Perf) — Per Linear Foot Bid Item No. 440-73-3 — Underdrain, Outlet Pipe, (8" PVC) (Non-Perf) — Per Linear Foot 01025-28 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc SECTION 520 — CONCRETE GUTTER, CURB ELEMENTS AND TRAFFIC SEPARATOR The work specified in this item shall conform to Section 520 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 520-1-10 — Concrete Curb and Gutter (Type "F") — Per Linear foot SECTION 522 — CONCRETE SIDEWALK AND DRIVEWAYS The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 522-2 — Concrete Sidewalk (6" Thick) — Per Square Yard SECTION 527 — DETECTABLE WARNINGS The work specified in this item shall conform to Section 527 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 527-2 — Detectable Warnings — Per Square Foot SECTION 530 — RIPRAP The work specified in this item shall conform to Section 530 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 530-3-4 — Riprap, Rubble, F&I, (Ditch Lining) — Per Ton 01025-29 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc SECTION 570 — PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). A. Description: Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer. This work shall also include mowing, to be mowed at maximum 6" height with a mulching mower. B. Work Included: Scope of Work: The work specified in this section consists of the establishing of a stand of grass, within the project, right-of-way, easements, and other areas indicated on the Drawings, by furnishing and placing grass sod. Also included are fertilizing, watering and maintenance as required to assure a healthy stand of grass. Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed". C. Guarantee: All sodded areas shall be guaranteed for one year after date of final acceptance. Replacement of Defective Sod: Any dead sod or sod showing (less than 95% of a square) indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months. All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks. D. Fertilizer: Commercial fertilizers shall comply with the Indian River County Fertilizer Ordinance 2013-012 and Supplement Ordinance 2013-014 (see Appendix B). E. Water for Grassing: Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570-3.6. F. Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6.0-7.0. Contractor shall apply two (2) applications. The initial shall be fertilizer and the second application shall be "weed and feed" The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre, or 10 pounds per 1,000 square feet, by a spreading device capable of uniformly distributing the material at the specified rate. 01025-30 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc Contractor shall apply applications as per manufacturer's specification. All tickets from bags shall be handed over to the County Inspector. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches. H. Placing Sod: The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and•smoothly embedded by light tamping with appropriate tools. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6 inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1'/z' below paved shoulder. On slopes greater than 3:1, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. Sodding shall not be performed when weather and soil conditions are, in the Engineer's opinion, unsuitable for proper results. Sod shall be placed around all structures, equipment pads, etc. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). J. Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowing. Clippings shall be removed from sidewalk. K. Article 570-9. The first two paragraphs under this Article are deleted and the following is added: The contract unit price for performance turf shall include the costs of sod, fertilizer (2 applications), sidewalk sweeping after mowing, mowing, pegging disposal of clippings, water, tools, equipment, labor and all other incidentals necessary. 01025-31 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 570-1-2 — Performance Turf (Sod) (Bahia) — Per Square Yard Bid Item No. 570-1-2A — Performance Turf (Sod) (Floratam) — Per Square Yard SECTION 630 — CONDUIT The work specified in this item shall conform to Section 630 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 630-2-11 — Conduit Under Ground 2" PVC — Per Linear Foot Bid Item No. 630-2-14 — Conduit Above Ground 2" PVC— Per Linear Foot SECTION 632 — SIGNAL CABLE The work specified in this item shall conform to Section 632 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 632-7-1 - Signal Cable — Per Installation SECTION 634 — SPAN WIRE ASSEMBLY The work specified in this item shall conform to Section 634 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 634-4-153 — Span Wire Assembly — Per Installation 01025-32 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc SECTION 635 — PULL, SPLICE AND JUNCTION BOXES The work specified in this item shall conform to Section 635 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 635-2-11 — Pull Box — Per Each SECTION 639 — ELECTRICAL POWER SERVICE ASSEMBLIES The work specified in this item shall conform to Section 639 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 639-1-113 — Power Service Overhead — Per Assembly Bid Item No. 639-2-1 — Service Wire — Per Linear Foot SECTION 641 — PRESTRESSED CONCRETE POLES The work specified in this item shall conform to Section 641 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 641-2-16 — Concrete Strain Pole 42' — Per Each Bid Item No. 641-2-16A — Concrete Strain Pole 46' — Per Each SECTION 646 — ALUMINUM SIGNALS POLES The work specified in this item shall conform to Section 646 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 646-1-11 — Aluminum Pedestal — Per Each 01025-33 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc SECTION 650 — VEHICULAR SIGNAL ASSEMBLIES The work specified in this item shall conform to Section 650 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 650-1-312 — Signal Head, 12", 3 Sec, 1 Way, w/LED & Tunnel Visor - Per Assembly Bid Item No. 650-1-512 — Signal Head, 12", 5 Sec, 1 Way, w/LED & Tunnel Visor — Per Assembly SECTION 653 — PEDESTRIAN SIGNAL ASSEMBLIES The work specified in this item shall conform to Section 653 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 653-192 — Pedestrian Signal Head Countdown Two Way — Per Assembly SECTION 660 — VEHICLE DETECTION SYSTEM The work specified in this item shall conform to Section 660 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 660-4-11 — Video Vehicle Detector Cabinet Equipment — Per Each Bid Item No. 660-4-12 — 4 Camera Overhead Video Detection System — Per Each SECTION 665 — PEDESTRIAN DETECTION SYSTEM The work specified in this item shall conform to Section 665 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). 01025-34 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec ImprovVldmim\bid documents\Master Contract Documents\Technical Specifications.doc Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 665-1-11 — Pedestrian Detector— Per Each SECTION 670 — TRAFFIC CONTROLLER ASSEMBLIES The work specified in this item shall conform to Section 670 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 670-5-110 — Controller Cabinet Assembly, Econolite — Per Assembly SECTION 684 — NETWORK DEVICES The work specified in this item shall conform to Section 684 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 684-1-1 — Fiber Optic Ethernet Switch — Per Each Bid Item No. 684-6-11 — Ethernet Access Point Radio Pair (See General Note #10) — Per Each SECTION 685 — SYSTEM AUXILIARIES The work specified in this item shall conform to Section 685 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 685-106 — Traffic Signal Uninterruptable Power Source (Alpha Model FXM 2000 & Cabinet) — Per Each 01025-35 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS \1232 -1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc SECTION 686 — CCTV CAMERA The work specified in this item shall conform to Section 686 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 686-101 — CCTV Camera (Bosch 800 Series) — Per Each SECTION 700 — HIGHWAY SIGNING A. Signing for traffic control shall conform to the requirements of the Standard Specifications (2015), Manual on Uniform Traffic Control Devices, Supplemental Specifications, Roadway and Traffic Design Standards, manufacturer's specifications. B. Traffic Signs: All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits. Care shall be exercised by the Contractor during removal, storage and relocation so as not to damage the signs. If any damage occurs, as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 700-1-12 — Single Sign Post, F&I Ground Mount, Up to 12 SF — Per Assembly Bid Item No. 700-1-50 — Single Post Sign (Relocate) — Per Assembly Bid Item No. 700-1-60 — Single Post Sign (Remove) — Per Assembly Bid Item No. 700-3-41 — Install Overhead D3 Supplied By County — Per Each 01025-36 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc SECTION - 00706 — RAISED RETROREFLECTIVE PAVEMENT MARKERS AND BITUMINOUS ADHESIVE All reflective pavement markers shall be 4"x4". Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 706-3 — Retro -Reflective Pavement Markers (Amber / Amber) - Per Each Bid Item No. 706-3A — Retro -Reflective Pavement Markers (White / Clear) — Per Each SECTION - 00711- THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS The work specified in this item shall conform to Section 711 of the Florida Department of Transportation Standard Specification for Road and Bridge Construction (2015). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 711-11-123 — Thermoplastic, Standard, White, Solid, 12", For Crosswalk — Per Linear Foot Bid Item No. 711-11-125 — Thermoplastic, Standard, White, Solid, 24", For Stop Line — Per Linear Foot Bid Item No. 711-11-151 — Thermoplastic, Standard, White, Dotted/Guideline/ 6-10 Gap Extension, 6" — Per Linear Foot Bid Item No. 711-11-170 — Thermoplastic, Standard, White, Arrow — Per Each Bid Item No. 711-11-224 — Thermoplastic, Standard, Yellow, Solid, 18" For Diagonal — Per Linear Foot Bid Item No. 711-16-111 — Thermoplastic, Standard, White, Solid, 6" - Per Linear Foot Bid Item No. 711-16-211 — Thermoplastic, Standard, Yellow, Solid, 6" - Per Linear Foot Bid Item No. 711-16-231A — Thermoplastic, Standard, Yellow, Skip, 6" (6'-10') — Per Linear Foot SECTION 715 — HIGHWAY LIGHTING SYSTEM The work specified in this item shall conform to Section 715 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2015). 01025-37 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 715-1-11 — Lighting Conductor - Per Linear Foot Bid Item No. 715-5-11 — Luminaire & Bracket Arm — Per Each SECTION — 1000- WATER AND SEWER UTILITIES A. Water Utilities The water utilities for this project shall be constructed per the "Indian River County Department of Utility Services Water & Wastewater Standards", March, 2014. This document can be obtained online at www.ircutilities.com. Relocation of existing fire hydrants shall include the cost of all pipe, fittings, thrust blocks, retaining rods, trenching grading, and incidental items associated with relocation. B. Sewer Utilities The sewer utilities for this project shall be constructed per the "Indian River County Department of Utility Services Water & Wastewater Standards", March, 2014. This document can be obtained online at www.ircutilities.com. C. Earthwork and Backfill Compaction - All fill must be compacted by hand tamping from under the pipe up to the center line. Backfill shall be compacted in 6" lifts up to the surface to achieve a minimum compaction of 98 percent of maximum density in roadways and shoulders and 95 percent in easements, in accordance with AASHTO T-180. D. Ductile Iron Pipe and Fittings 1. General: All ductile iron pipe shall be manufactured in accordance with AWWA Specifications C-150 & C-151. All buried ductile iron pipe shall be manufactured in accordance with AWWA Specification C-151 and shall be Class 52 minimum. All exposed ductile iron pipe shall be Class 53 minimum. 01025-38 Technical Specifications F.\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc 2. Fittings: All underground fittings shall be either bell and spigot, or mechanical joint. Mechanical joints shall conform to AWWA specification C1IO (ANSI 21.10-87), or latest revision. All exposed aboveground fittings shall be flanged joint. 3. Bell and Spigot Connections: Joints in bell and spigot pipe shall be push -on, mechanical, or restrained joints in accordance with AWWA Standard C-111 (ANSI 21.11-85), or latest revision. Mechanical joint pipe set -screw type retainer glands will not be permitted. 4. Flanged Connections: Flanged pipe with screwed -on flanges shall be furnished with long hubs, and the flanges shall be screwed on the threaded end of the pipe in the shop, and the face of the flange and end of pipe refaced together. There shall be no leakage through the pipe threads and the flanges shall be designed to prevent corrosion of the threads from outside. The back of the hub shall be caulked where the hub threads joint with the pipe. 5. Valve Box Adjustments: Cost of valve nut extenders shall be included in cost of valve box adjustments where needed. E. Disinfecting Potable Water Pipelines Before being placed in service, all potable water pipelines shall be chlorinated in accordance with the latest edition of AWWA C-651, "Standard Procedure for Disinfecting Water Mains", except that the use of tablets is strictly prohibited. The procedure shall be approved by the Engineer. The location of the chlorination and sampling points will be as specified by the Florida Department of Environmental Protection, Water Distribution System Permit. Taps for chlorination and sampling shall be uncovered and backfilled by the Contractor, as required. Item of Payment Payment for the work specified in this item shall be made under Bid Item No. 1080-14 — Utility Fixtures, Relocate (Water Meter) — Per Each Bid Item No. 1644-800 — Fire Hydrant, Relocate — Per Each + + END OF SECTION + + 01025-39 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave lntersec Improv\Admim\bid documents\Master Contract Documents\Technical Specifications.doc APPENDIX A Permits St Johns River Water Management District Indian River Farms Water Control District Army Corps of Engineers Appendix A -Permits P \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\APPENDIX A - Permits.doc St. Johns River Water Management District Ann B. Shortelle, Ph.D., Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at floridaswater.com. August 12, 2015 Indian River County 1801 27th St Vero Beach, FL 32960-3388 SUBJECT: General Permit 142959-1 Dear Sir,: The District has received your notice to use a general permit. Based on the submitted information, the proposed activity qualifies for a General Environmental Resource Permit pursuant to section 62-330.447, Florida Administrative Code, provided it is constructed and operated in accordance with that general permit and the general and special conditions set forth in section 62-330.405 and 62-330.447, Florida Administrative Code (attached). Please be advised thatthe St. Johns River Water Management District will not publish a notice in the newspaper advising the public that it has determined your project qualifies for this general permit. Newspaper publication, using the District's notice form, notifies members of the public of their right to challenge the use of the general permit. If proper notice is given by newspaper publication, then there is a 21 -day time limit for someone to file a petition for an administrative hearing to challenge the use of the permit. To close the point of entry for filing a petition, you may publish (at your own expense) a one-time notice of the District's decision in a newspaper of general circulation within the affected area as defined in Section 50.11 of the Florida Statutes. If you do not publish a newspaper notice to close the point of entry, the time to challenge your use of the permit will not expire and someone could file a petition even after your project is constructed. A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published, the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by emailing it to compliancesupport(aisjrwmd.com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Bureau Chief Bureau of Regulatory Support 4049 Reid Street Palatka, FL 32177 A copy of your application was transmitted to the U.S. Army Corps of Engineers for review. This authorization to use a general environmental resource permit does not obviate the need for obtaining all necessary permits or approval from other agencies. Sincerely, GOVERNING BOARD John A. Miklos, CHAIRMAN Fred N. Roberts Jr., VICE CHAIRMAN Chuck Drake, SECRETARY Carla Vetter, TREASURER ORLANDO OCALA ORLANDO FERNANDINA BEACH Douglas C. Bournique VERO BEACH Douglas Burnett ST. AUGUSTINE Maryam H. Ghyabi ORMOND BEACH Ron Howse George W. Robbins COCOA JACKSONVILLE L •Da%u-c-i Margaret Daniels, Bureau Chief Bureau of Regulatory Support Enclosures: Notice of Rights List of Newspapers for Publication cc: District Permit File ST. JOHNS RIVER WATER MANAGEMENT DISTRICT GENERAL ENVIRONMENTAL RESOURCE PERMIT PERMIT NO: 142959-1 DATE ISSUED: August 12, 2015 PROJECT NAME: 1 Street SW and 43 Avenue Intersection Improvements A PERMIT AUTHORIZING: Use of the General Permit for Stormwater Retrofit Activities for 1st Street SW and 43rd Avenue to be constructed and operated as per plans received by the District on July 31, 2015. LOCATION: Section(s): 16, 22, 21, Township(s): 33S 15 Indian River County Receiving Water Body: Name Range(s): 39E Class Indian River Lagoon III Marine, IW ISSUED TO: Indian River County 1801 27th St Vero Beach, FL 32960-3388 The District received your notice to use a General Environmental Resource Permit pursuant to Chapter 62-330, Florida Administrative Code (F.A.C.) on October 7, 2014. Based on the forms, design plans, and other documents submitted with your notice, it appears that the project meets the requirements for a General Environmental Resource Permit. Any activities performed under a General Environmental Resource Permit are subject to the general conditions and special conditions specified in rules 62-330.405 and, , F.A.C. respectively (attached). Any deviations from these conditions may subject you to enforcement action and possible penalties. Please be advised that the General Environmental Resource Permit expires 5 years from the date on which the notice of intent to use a General Environmental Resource Permit was received by the District. A copy of your notice also has been sent to the U.S. Army Corps of Engineers (USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action and possible penalties. AUTHORIZED BY: St. Johns River Water Management District Division of Regulatory Engineering and Environmental Services By ft-i.L. John Juilianna Service Center Director "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 142959-1 1 Street SW and 43 Avenue Intersection Improvements DATED August 12, 2015 1. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. This general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. 3. This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit. 4. The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution that violates state water quality standards. 5. Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity involving the use of state-owned or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required consent, lease, easement, or other form of authorization authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on state- owned lands. 6. The authorization to conduct activities under a general permit may be modified, suspended or revoked in accordance with Chapter 120, F.S., and Section 373.429, F.S. 7. This permit shall not be transferred to a third party except pursuant to Rule 62-330.340, F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted project, activity, or the real property at which the permitted project or activity is located. 8. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to ensure conformity with the plans and specifications approved by the permit. 9. The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and authorized in this general permit. 10. A permittee's right to conduct a specific activity under this general permit is authorized for a duration of five years. 11. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be implemented and maintained immediately prior to, during, and after construction as needed to stabilize all disturbed areas, including other measures specified in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures shall be installed and maintained in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), available at www.dep.state.fl.us/water/wetlands/docs/erp/FLErosionSedimentManual 6 07.pdf, and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), available at www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-manual.pdf. 12. Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non - earthen construction mats. In all cases, access in wetlands shall comply with the following: (a) Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter 4 inches or greater at breast height; (b) The maximum width of the construction access area shall be limited to 15 feet; (c) All mats shall be removed within 72 hours after the work commences; and (d) Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed. 13. Barges or other work vessels used to conduct in -water activities shall be operated in a manner that prevents unauthorized dredging, water quality violations, and damage to submerged aquatic communities. 14. The construction, alteration, or use of the authorized project shall not adversely impede navigation or create a navigational hazard in the water body. 15. Except where specifically authorized in a general permit, activities must not: (a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; (b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S., or a Works of the District established pursuant to Section 373.086, F.S.; or 16. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 17. The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable District special basin and geographic area criteria. 18. The permittee shall comply with the following when performing work within waters accessible to federally- or state -listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon: (a) All vessels associated with the project shall operate at "Idle Speed/No Wake" at all times while in the work area and where the draft of the vessels provides less than a four - foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. (b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement or entrapment of listed species. (c) All in -water activities, including vessel operation, must be shutdown if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50 -foot radius of the in -water work, or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All on-site project personnel are responsible for observing water -related activities for the presence of listed species. (d) Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404-3922 and ImperiledSpeciesnmyFWC.com. (e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species during a directional drilling operation, the FWC shall be notified at imperiledspecies@myfwc.com with details of the event within 24 hours following detection of the spill or frac-out. 19. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any activity authorized by the general permit. 20. The permittee shall immediately notify the Agency in writing of any submitted information that is discovered to be inaccurate. 21. Within 30 days after completion of construction, a registered professional shall submit certification that construction was completed in substantial conformance with the plans and calculations that were submitted in the notice to use this general permit. Notice of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. 0. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerkftsjrwmd.com, within twenty-six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of District decision (for those persons to whom the District emaiis actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below. 2. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely -filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties' written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each party shall be responsible for paying its pro -rata share of the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a party chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions. 3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice of Rights 4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 5. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk. 9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no. 7 above will result in waiver of that right to review. NOR. Decision. DOC.001 Revised 12.7.11 Notice of Rights Certificate of Service HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the permittee: Michael Donald Nixon Indian River County 1801 27th St Vero Beach, FL 32960-3388 This 12th day of August, 2015. -ix ,t),,,,L( Margaret Daniels, Bureau Chief Bureau of Regulatory Support St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386) 329-4570 Permit Number: 142959-1 NOTICING INFORMATION Dear Permittee: Please be advised that the St. Johns River Water Management District will not publish a notice in the newspaper advising the public that it has issued a permit for this project. Newspaper publication, using the District's notice form, notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication, then there is a 21 -day time limit for someone to file a petition for an administrative hearing to challenge the issuance of the permit. To close the point of entry for filing a petition, you may publish (at your own expense) a one- time notice of the District's decision in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper notice to close the point of entry, the time to challenge the issuance of your permit will not expire and someone could file a petition even after your project is constructed. A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published, the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by emailing it to compliancesupport@sjrwmd.com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Bureau Chief Bureau of Regulatory Support 4049 Reid Street Palatka, FL 32177 If you have any questions, please contact the Bureau of Regulatory Support at (386) 329- 4570. Sincerely, Margaret Daniels, Bureau Chief Bureau of Regulatory Support NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on (Name and address of applicant) permit# . The project is located in County, Section , Township South, Range East. The permit authorizes a surface water management system on acres for . The receiving water body is A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available and choosing mediation does not affect your right to an administrative hearing. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8 a.m. — 5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28- 101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited and shall not constitute filing. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C- 1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, F.A.C.). If you wish to do so, please visit http://floridaswater.com/nor_dec/ to read the complete Notice of Rights to determine any legal rights you may have concerning the District's decision(s) on the permit application(s) described above. You can also request the Notice of Rights by contacting the Director of Regulatory Support, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329- 4570. known as NEWSPAPER ADVERTISING ALACHUA The Alachua County Record, Legal Advertising P. O. Box 806 Gainesville, FL 32602 352-377-2444/ fax 352-338-1986 BRAFORD Bradford County Telegraph, Legal Advertising P. O. Drawer A Starke, FL 32901 904-964-6305/ fax 904-964-8628 CLAY Clay Today, Legal Advertising 1560 Kinsley Ave., Suite 1 Orange Park, FL 32073 904-264-3200/ fax 904-264-3285 FLAGLER Flagler Tribune, c/o News Journal P. O. Box 2831 Daytona Beach, FL 32120-2831 386- 681-2322 LAKE Daily Commercial, Legal Advertising P. O. Drawer 490007 Leesburg, FL 34749 352-365-8235/fax 352-365-1951 NASSAU News -Leader, Legal Advertising P. O. Box 766 Fernandina Beach, FL 32035 904-261-3696/fax 904-261-3698 ORANGE Sentinel Communications, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420-5160/ fax 407-420-5011 PUTNAM Palatka Daily News, Legal Advertising P. O. Box 777 Palatka, FL 32178 386-312-5200/ fax 386-312-5209 SEMINOLE Seminole Herald, Legal Advertising 300 North French Avenue Sanford, FL 32771 407-323-9408 BAKER Baker County Press, Legal Advertising P. O. Box 598 Maclenny, FL 32063 904-259-2400/ fax 904-259-6502 BREVARD Florida Today, Legal Advertising P. O. Box 419000 Melbourne, FL 32941-9000 321-242-3832/ fax 321-242-6618 DUVAL Daily Record, Legal Advertising P. O. Box 1769 Jacksonville, FL 32201 904-356-2466 / fax 904-353-2628 INDIAN RIVER Vero Beach Press Journal, Legal Advertising P. O. Box 1268 Vero Beach, FL 32961-1268 772-221-4282/ fax 772-978-2340 MARION Ocala Star Banner, Legal Advertising 2121 SW 19th Avenue Road Ocala, FL 34474 352-867-4010/fax 352-867-4126 OKEECHOBEE Okeechobee News, Legal Advertising P. O. Box 639 Okeechobee, FL 34973-0639 863-763-3134/fax 863-763-5901 OSCEOLA Little Sentinel, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420-5160/ fax 407-420-5011 ST. JOHNS St. Augustine Record, Legal Advertising P. O. Box 1630 St. Augustine, FL 32085 904-819-3436 VOLUSIA News Journal Corporation, Legal Advertising P. O. Box 2831 Daytona Beach, FL 32120-2831 (386) 681-2322 INDIAN RIVER FARMS WATER CONTROL DISTRICT 7305 4th Street Vero Beach, Florida 32968 (772) 5¢2-2141 APPLICATION FOR CONNECTION TO OR USE OF DISTRICT FACILITIES Date: No. i5-19 A. Applicant Information: Name: I n4D 1.dr`4 ;2+'J c-cD '- f Address: 1801 2`7 TN S j V o SE c4 -1,r— 324Icv0 Authorized Agent and Title: nA i waw, tom. til I ,i Telephone Number:fl a - 2710 - /9 S4 B. Proposed Connection or Use: (check appropriate box or boxes) NON-REFUNDABLE $100.00 $300.00 0 Culvert connection to District canal for irrigation or drainage ❑ Pump connection to District canal for irrigation or drainage Culvert and/or control structure in District canal for crossing and/or water storage $200.00 0 Other (specify) $100.00 i 5. go! SUS- LAT-6-0-"L- C. AT'r-0 C. Location: Tract Kt/A., Section 21 �, 2--z- , Township s , Range 3'75 Canal No. S- S Other appropriate description: IST s.vJ . 4 41--.3121, Property I.D. Parcel No.: N1I Ura T oe- JC V Attach drawing to show details (include acreage to be served). D. Details of proposed Construction: (Give diameter and length of culvert; diameter and rated capacity of pump; height and width of riser or other details on water control structure.) P I X1(9 oG TLE ST r- C-1 v.l ITi-1 211 (oZ L. F DF 4e " 7co ` g- 6-t=' c416, �.G'..I ' Sr-oT"rEtz,) 5>05 To LW \",/ W1DfJIr3C7 o 1sT ST 5. NAY. 6c 5T v.Ie 'T of Ti -E - 4324:7) c--1 . E. Special Conditions: (for District use only) 5 : or SPcC AL CL D�'iGll� F. Estimated Date of Construction Commencement: kliDV - zo►S Estimated Date of Construction Completion: M`-/ 2.01 LO G. As the Applicant for permit, I do understand and agree that: 1. The use of, or construction within, the right-of-way of the Indian River Farms Water Control District will be in accordance with the details of the approved sketch and/or permit conditions shown hereon, supporting this application; and if any changes are required, same will be cleared with the District. (Continued on Reverse hereof) Signed: 7/fi` Applicant Date 6. - 5 Application approved by: For District Use Only) River Farms Water Control District 2,04 Application approved by: �� t ,���r,�c-� _ Carter Associates, Inc., Engineer for District Date of approval: -7 - ' Expiration Date of this approved application: 7 " so PERMISSION, WHEN GRANTED, WILL BE SUBJECT TO THE STANDARD PROVISOS. SET FORTH ON THE REVERSE HEREOF. G. (continued) 2. I accept full responsibility for any erosion to or shoaling in the District's canal or levee due to my work and I shall remove or repair same promptly and at no expense to the District; and I will prevent the discharge of any hyacinths or aquatic growth into the District's canal through my connection. 3. I will neither plant trees or shrubs or erect any structure that will prohibit or limit the existing access of District equipment or vehicles without securing proper authorization thereof. 4. • It is further understood and agreed that any other requirements of the District are binding upon me, the application, and I do hereby indicate acceptance of this notice thereof. 5. It is further understood and agreed that the lands to be benefited by this request are, or may be, subject to flooding during periods of high water due to heavy rains or other acts of God, and that the permit will be accepted subject to this possibility which is recognized not to be within the control of the District. STANDARD PROVISOS 1 Permittee assumes full responsibility for any construction, operation or maintenance of District property or right-of-way subject to this Permit and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. 2. This Permit may not be assigned or subletted to a third party and any tranSfer of Permittee's property abut- ting District's property or right-of-way shall ipsofacto and without move, cancel, nullify and revoke this Permit. 3. This Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon thirty days' notice from District to Permittee. 4. In no event shall the District he liable for any damages done or caused by the District to the Public, to Permittee or any other person using the right-of-way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors and employees harmless from any costs, charge or expense of claim or demand of any person against the District arising from or pertaining to any use made of the property or right-of-way subject to this permit. Permittee shall, at any time upon request of District, provide to District evidence, satisfactory to District, of liability insurance coverage, in amounts and with companies as may be required by District, protecting the interests of District and naming District as an additional in- sured. 5 The District may, on thirty days' written notice to Permittee, require removal and/or alteration of any instal- lation or construction on District right-of-way 6. Any construction on District right-of-way or property and clean up shall be completed promptly by Permit- tee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 7. Permittee shall advise District's office prior .to commencement and upon completion of all construction. (562-2141) 8. Permittee shall not discharge any pollutants, contaminants or deleterious materials into water or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request of District. 9. Permittee, as a condition to the continuance of this Permit, shall reimburse District immediately upon de- mand, for any testing or other costs or expenses to District associated with or arising from Permittee's use of District facilities. 10. Applicant is cautioned that electrical, water and sewer, or other installations or utilities may be located within the construction area, and applicant shall use diligent efforts to first detect and locate all such instal- lations and shall coordinate construction with all other lawful users of said right-of-way. Applicant shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 11 This permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 12. An as-built/location certification of all culvert/structure installations within the District's canals/right-of- way shall be performed by a Florida Registered Professional Surveyor and Mapper on form provided by the District, and submitted to the District within thirty (30) days following completion of installation. If as -built certification is not received within thirty days of installation, the District will either have certification completed at owner/applicants expense or order removal of the installation. SPECIAL CONDITIONS FOR PERMIT NO. 15-19 FOR INDIAN RIVER COUNTY PROJECT #1232, ROADWAY INTERSECTION IlVIPROVEMIENT AT 43" AVENUE AND 1sT STREET, S.W. (1) This permit is issued based on plans prepared by Engineering Division of Indian River County Public Works Department, signed and sealed by Michael D. Nixon, P.E., dated June 23, 2015. (2) No existing drainage facilities from "unplatted" parcels along south side of Sub - lateral B-5 (1st Street, S.W.) Canal east of 43rd Avenue, within proposed culverted section of canal, are indicated on plans. It is imperative that all existing outfall structures, side lot swales or low areas (overbank) that discharge into the canal be located and connected to the proposed culvert structure. (3) Drainage in Sub -lateral B-5 (1st Street, S.W.) Canal shall be maintained/provided throughout construction/installation of proposed R.C.P. culverts. If such construction involves temporary blockage of said Sub -lateral B-5 Canal, one or more pumps having a minimum capacity of 5,000 GPM shall be kept on site and operational to provide immediate by-pass pumpage of storm water discharge around construction sites. (4) Any and all proposed dewatering plan for this project shall be approved in advance of proposed project construction by Indian River Farms Water Control District Superintendent of Operations, David E. Gunter (Phone Number (772- 562-2141). (5) All proposed sheeting, berms or other temporary blockage within Sub -lateral B- 5 (1St Street, S.W.) Canal shall be coordinated with Superintendent David E. Gunter on a day-to-day basis throughout the construction phase. (6) In the event a severe rainfall event occurs, or is expected to occur, resulting in canal stage/flow that exceeds the allowable upstream by-pass pumping capacity, the Permittee/Contractor shall be able to immediately remove all temporary blockages within the canal, and provide a full capacity flow in the canal as may be required in an emergency condition. All perspective bidders. of this project shall be made aware of the applicable standard provisos and special conditions of this permit. Superintendent David E. Gunter should be a participant in all pre-bid and/or pre -construction meetings associated with this project. (7) J \MEC\SPEC COND-PROVISOS\2015 Permitslspec-cond permit 15-19.doc The District assumes no liability or responsibility in the future costs of repair, replacement or maintenance of the culvert installations permitted herewith. An As -built Certification of Culvert Installation and Related Facilities, permitted herewith, shall be performed by a Florida Registered Surveyor and Mapper, and furnished to the District upon completion of the project. (10) As set forth in Standard Proviso No. 1 of this permit, the Permittee assumes full responsibility for any construction and operation within the District's canal and right-of-way associated with the issuance of this permit including increased tail water/flood stages upstream of project site and shall save and hold harmless the District from any expense, loss, damage or claim in regards thereto. J:\MEC\SPEC COND-PROVISOS\2015 Permits\spec-cond permit 15-19.0c REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 400 HIGH POINT DRIVE, SUITE 600 COCOA, FLORIDA 32926 Regulatory Division North Permits Branch Cocoa Permits Section SAJ-2015-02705 (NW -TSD) September 10, 2015 Indian River County C/o Mr. Mike Nixon 1801 27th Street, Building A Vero Beach, FL 32960 Email address: mnixonircgov.com Dear Mr. Nixon: Your request for a Department of the Army permit was received on August 17, 2015, has been assigned number SAJ-2015-02705(NW-TSD). A review of the information and drawings provided shows the proposed work is to culvert and fill 0.45 acres of a tributary identified as the Indian River Farms Water Control District (IRFWCD) Sub - Lateral B5 Canal for Intersection Improvements at 1st Street and 43`d Avenue. The project involves the installation of 2,200 linear feet of an elliptical 48 inch by 76 inch reinforced concrete pipe (RCP) and 20 linear feet of rip rap at the project beginning (Station 19+00) and project end (Station 41+00) in the IRFWCD Sub -Lateral B5 Canal. The 1st Street & 43`d Avenue Intersection Improvement project is located on 1st Street, commencing at Station 19+00 which is just west of 45th Avenue, extending east past 43`d Avenue to just west of 39th Drive to Station 41+00, in Sections 15, 16, 21, & 22, Township 33 South, Range 39 East, Vero Beach, Indian River County Florida. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Numbers 13 & 14. In addition, project specific conditions have been enclosed. This verification is valid until March 18, 2017. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the U.S. Army Corps of Engineers' (Corps) Jacksonville District's Regulatory Internet page to access Internet links to view the Final Nationwide Permits, Federal Register Vol. 77, dated February 21, 2012, specifically pages 10270 — 10290, the Corrections to the Final Nationwide Permits, Federal Register 77, March 19, 2012, and the List of Regional Conditions. The Internet page address is: I -2- http://www.sai.usace.army.mil/Missions/Requlatorv.aspx Please be aware this Internet address is case sensitive and should be entered as it appears above. Once there you will need to click on "Source Book"; and, then click on "Nationwide Permits." These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 46. Enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re -verification may be required. The following special conditions are included with this verification: 1. Reporting Address: All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232. The Permittee shall reference this permit number, SAJ-2015- 02705 (NW -TSD), on all submittals. 2. Commencement Notification: Within 10 days from the date of initiating the authorized work, the Permittee shall provide to the Corps a written notification of the date of commencement of work authorized by this permit. 3. Completion Notification: Within 60 days of completion of the work authorized, the attached "Self -Certification Statement of Compliance" must be completed and submitted to the U.S. Army Corps of Engineers. Mail the completed form to the U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232. 4. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, -3 - stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground -disturbing activities within a 100 -meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100 -meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8 -hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps. 5. Turbidity/Erosion Control: Best management practices for turbidity/erosion control shall be used when performing any activity authorized in this permit. The permittee agrees that all wetland areas and surface waters outside of the specific limits of construction authorized in this permit must be protected from erosion, siltation, scouring or excess turbidity and dewatering. 6. Eastern Indigo Snake Protection Measures: The Permittee shall comply with U.S. Fish and Wildlife Service's "Standard Protection Measures for the Eastern Indigo Snake" dated August 12, 2013 and provided in Attachment 2 of this permit." 7. Fill Material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, -4 - construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act. 8. Notice of Permit: The Permittee shall post a copy of this authorization at the project site. 9. Regulatory Agency Changes: Should the Permittee propose or any other regulatory agency require changes to the work authorized or obligated by this permit, the Permittee is advised that a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee's responsibility to request a modification of this permit from the Cocoa Regulatory Office. This letter of authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact Tamy Dabu by telephone at 321-504-3771 extension 11. Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm apex/f?p=regulatory survey . Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated — favorable or otherwise. Sincerely, Tamy Dabu Project Manager, Cocoa Permits Section Enclosures GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 1. The time limit for completing the work authorized ends on March 18, 2017. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST NATIONWIDE PERMIT: NW- 13 & 14 PERMIT NUMBER: SAJ-2015-02705 (NW -TSD) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232-0019. (TRANSFEREE -SIGNATURE) (SUBDIVISION) (DATE) (NAME -PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) (Telephone number) (Fax number) (E-mail address) (LOT) (BLOCK) (STREET ADDRESS) SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: NW —13 & 14 Permit Number: SAJ-2015-02705 Permittee's Name & Address (please print or type): Telephone Number: Location of the Work: Date Work Started: Date Work Completed: PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO TO SCHEDULE AN INSPECTION PLEASE CONTACT AT Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): ******************** I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Date Mail this completed form to the U.S. Army Corps of Engineers, Regulatory Division, Special Projects & Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-0019. OCI1C/2015 Pane 1 of 19 INDIAN RIVER COL N TY BOARD OF COUNTY COMMISSIONERS 1ST STREET S.W. AND 43RD AVENUE INTERSECTION IMPROVEMENTS I.R.C. PROJECT #1232 J 2 15 027OS (NA' TSD) Attachment LOCATION OF PROJECT amptiiirgsmaimI_��Ii��II�h1IIIJI1�.= ,:1.111 'illll OINM 112,,77 1171111111111111110113111104-411 1!, 33 133 R39 I1 �� �II� �ILJlllllI[IIu -JIIL� `IUiinl_I�un '1MI:: RIII� 11 �1�a S-15,16,21,22 T-33 R-39 SHEET INDEX / 2 3-4 5-7 8 9-11 72-16 17-19 20-25 26-2B COYER 511E17 STANDAR0 . BBREYA 170N5 TYPICAL SECTIONS GENERAL NOTES t OETA/LS SUMMARY Of OVAN1717E5 ORA/NAGE STRUCTURE SUMMARY PUN d• PROFILE PLATUU INTERSECTION CROSS SECTIONS STRGCTURE LOCATION CROSS 5E017085 29-37 PAVEMENT MARKINGS PUNS 32-35 STORMWATER POLLUTION PREVENTION PLAN 36-37 HORIZONTAL AUGNM£NT CONTROL COVER, TL -T! /N1ERSECI1ON TRA/770 CONTROL PREPARED BY INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 1801 27TH STREET, VERO BEACH, FL. 32960 GOVERNING STANDARDS AND SPECIFICATIONS. FLORIDA DEPARTMENT OF TRANSPORTATION, "DESIGN STANDARDS" DATED JANUARY 2015 AND "STANDARDS SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION- DATED 2015, AS AMENDED BY CONTRACT DOCUMENTS. #1232 SC 1.9n1 51197fS 151W_TCN Page 19 ,v •„.. ; +�� - Attachment 1 1 ! I iff ® �Y1 rc .s.P 'vs1 ,;.,,,Vg r 1 co..t pr ® 1 ,.11 e, I I 5 s "P i ` ( STEVENS rwei P.®• PC 54 I © 1 ® Et :isi. , u'' C n ree, e. W •^.:E .• STEVENS �� ,7-1•011. , , I 'I. -fel i GMK MIT 1.e.. M18 A, PC 54 asx ONE Of111Q REwauG iJ�i.f. 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L/41/75 Of axw - (ORD/NARY MICH .WATER.) AREA = 1'1,532 .£1: €t5L. \\A 0 it -IS CA,C)CtS WI -1-\;- -6,1sRlICAI LIS' 1 X1 (0" tZ,' Qji7 . ',(-) zg_g Loc,D6LoAtiaA1C-SS Cf.t,nod Legend C,0\\Jekr\-- 10rdinary • High Water Line (Tolo/ Area 1.9,378 S. F.) (0.445 ,4CRES) .,. Existing Water Line (7-13-15) (TO/a/ Area= 1 .3.988 sr) 70.321 .4CRFS) WOOD STORK HAB/TAT EXH/BIT 00041100 et NIXON SECTION 141421.22 OPAWN O. K. P. HANSEN TOWNSHIP „co. RANGE .rsc OATC: 7/10/15 APPROvtO nt Al D.- NIXON rinD 1.001, HO. .A08 cousr, PROJCCI .0, 1 232 1ST STREET 5. h< AND 43RD AVENUE - INTERSECTION /k/PROVEMENTS ORDINARY H/GH WATER LINE PLAN SHEETS SHEET 3,e2 No. Revision Dote BY 1 REV/SED LOCAT/ON Or P/PE END/NC 7-31-15 IAN INDIAN FIVER COUNTY 1801 27th. STREET VERO BEACH , FL 32960 (772) 567-8000 Deportment of Public Works .Engineering Division CI)c: E E z ,4$ 0 0 5 cs, 0 w 0. a) 0 (7, o cr) 0) 1d1 m z 09/10/2015 .10 -10 870 A 21-427 42. 49 9&9t .., •t9.IU :et, 9.54 4..A. NU STA ,22+47.34, GRAVEL 2, *9.9 ' *.T- OW' • • '"/' 1 ''16R W ONE STA 240-47.34. l..11 - -- COP 20. ,. '' '49,97- LT - - --: ' • '''Wgrussareamommarmiaomm.:striskakom, Ai •41) - 0'. 0 ...7 M•ligt*,,-‘43;........,,,A. 4, mksiffik ..'",%,. 1 1 WAglibA_‘_. "°' i'.1',; MailINEEMEIPAIIKITL-1 - .. . • it) - - - - — - - '.- ' 411197/ 19:15'. riiiiirl..:1440, AAA .06b...............,......... ,... • ''''''..%111 in 410iillb., , EL -1111114'.-. ' IU _ 10.13 . a0.• yiNi (2) .. ; 8 . ,2:G'2 1 Nizma: • 1AA. ._, ..,,RB .6 4, -= ---lr.--r- lell-- , • .............,-.6- , ._____, • 4).4 k • , r- --- —F.015—ttfl.6-- -- -- -- — E,ET Pk NAIL io.oc '24) 2^ - ii, P4:47r ' 2c" (ELEV.-- 1 41 ?) k .- 22+00 _"_ ,24 23+00PCL—'-7t-- EQE. 24+00 25+00 .P.•?6---- z..: f .---- '.--- — 20:7'8- — — — [I: — " - — I ---2,rt.'i."4— — -- -- 1----Frp-r-Y-71)R- — —;, )1 — — 4— _ —p,....; . —.--(8&c.! 15. f3„7 A-,0--- , j tt: St i' - . ---0..ff. i , aZil;. 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FND 5/8- I.R.&C. 1.----'-' 0 -40r ) S \ I- ''-' :LB 3477- 39 TA ,-...86.20, 30,29' RI At WOOD STORK 1 a- i 13112 PAL:41 -' HABITAT EXHIBIT .4" 14.. wm. 70 , 6 I il DUIGFED 0, M. O. NIXON SECTION f4/4/4.2.1. '''''1: 7//0//5 1ST STREET 5.W AND .4.3RD AVEN UE - INTERSECT/ON /k/PROVEMENTS - DRD/NARY H/GH WATER L/NE PLAN SHEETS sHEE'" 6:„...... .00'0F L TOWNSHIP sjs DRAWN 0, - K, P. lbws -4w 1232 RANGE5.9£ . . APPACV 0 0, Af', D. NIXON Mtn BOOK NO. PAOC No. Revision Dote By INDIAN RIVER COUNTY 27th STREET VERO BEACH , FL 32960 (772) 567-8000 Department of Public Works 1 REV/SEP COCA T/ON OP P/RE" END/NO 7-31-15 ML/180.1 (-4:..'' VA 'Rt.,- • Engineering DMsion 09/10/2015 Page 12 of 19 SAJ-2015-02705 (NW -TSD) Attachment 1 ! • ..! ,i rI ,. 25 - Oro7n.ofy figh Wafer Vie Erisfing Water Elov. 1457 7-13-15 . . (=Y. 'Am) STA 21#55 10 15 I. : si ,-,-, v 41"1161111V1..lk‘oll 1cg • i : RR,R R • 1:5 ; ° 11.1 -‘-'11r—sill, • 4 3 2 o ! . . :' • ! 4 X! --1 :1 Z SOIL( . . -.5.. • -4 " 4. 4 4 % ! 4 i_ - 1 • 4 25 1 i 4t , !12 • --5^ cum OILY Mgr STA 20445 s fc 3 i -- 11 - -=-7 wo .- ... .... 15 ; -cc-"Z”. • • ariormataei ..i ....2 I 1 5 i . : • 4 • .• i L g i Z." 4 k 25 STA 15,,55 20 . 4S17? APE iter _I alto: aux rA1.4,4 ' "V g I i -I= ! .. 1 ____ g -. ••••• . -... v, 1 / V 15 0 "- s -., ,I ;,. 65 , 2 ----' . • I 1---- -7 • ow 25 it: 2 6 I ei _--, ! - STA. 18455 20 • ”..o 17" 7 2 . - ... 1;i21 -t ff'.1 ; - I : 1 70 65 60 55 50 45 40 35 JO 25 20 15 1010 15 20 25 30 35 40 45 50 ma ii.... Doe IN" NiVER COUNTY Ukfl 7:71N EMU MO OFJOI R. MID [7722 so-sice I ,*.i.-.• Pa,00rlsnont of Public Works ''''' 1ST STREET S.W. AT 43R0 AVENUE CROSS SEC77ONS 7, ICI • _. si•ii 1•11. -40. i• Eng/nooffng DMolon 1252 15 210:27 PM 09/10/2015 Page 13 of 19 SAJ-2015-02705 (NW -TSD) Attachment 1 . ' K • .," .... 25 ! , : cum -- 5T4.25#65 20 "7"-- . — , i • — — , • . diiiimilmmmmum e• Cie — rff ' 15 e • i I • manor& GRAPHIC SUL! ES I ! : ! --V u 1 ! .3 !g e 25 4477/ AVE VII ) • Clag 1.1 STA. 24+65 20 i 15 • E •Z — '<!—... yijklitromma 2 r .11 • I supg_tm. : I g _1._ i! 2 \ , —.4:-:411111°.— - — N......,-.., ...) . t . , 1 , L w 25 1 • — 1 agi 1st! 2 STA. 23#65 20 f5 ! - [—------ - - 01 S 'Me 0 US -1/1•11. .., '.... :-: < .,: ! ; : 1.4 I I i : . . ,•') •7 ; 1 8 ; : • g ! e I . 25 ______A AA IR 1 i MEM IS IV _ — - • — 57:4. 221.55 20 —: AS . -, - -cc ... . E5 • ' I ; ra ...—.:—......===,..p. ----"— I n.1;..sz, 0 5 . 70 65 60 55 50 45 40 35 30 25 20 15 10 5 f 5 10 15 20 25 30 35 40 45 50 or. eg INDIAN RfVER C041NTY IBM UM SOW VOCI mot A. =KC (m) son-sico .. -1ST ,..iri, apartment of Public WOI*1 ' • - • .t:..6,-"! '------ - — STREET S. W. A T 43RD AVENUE CROSS SECTIONS .... 8 _.... ....; 12 0 now Imo n 1232 ...,'' ..4.2i Engineering DivIsIon 7. te FAPutelc Work %E.1, G LIE. 1 - NG DIV SION PROJEC 11232-1 1St SWL43rd Av Wore . • Irnerovyeelon11 32.1et "1SW-431d Ave In ,• • • COE VERS CR., SE. IONS 7 21-14 • • 7/3112. ___ ...... _ _ .. ......._ I ._. ___ ..... ____ ........ ____ V I 5 i I54 1/NE ,... I 1 .Zi ... ... .. VW L/NE 11 J1.1:14, 311 i 11V iA 8 .. ...-. 11115 ID 26 I .. .- - 10.1 IS . MI I AMU— el :il i •'. Z. -Nlit k; I 1 9... t I 1- it.% ..-- . /937 *r )1 20.11 i Nit • .30 MK 2r1 • . - 12 \ —6: . 15 53 ..... .-. . - eN3Zaj GL -CL 'r 11—r RVEY 10.15 1/1111 1 li Mt I ! • /4 I ., I.,. 4 4 / ° g 9,2 .1.057. J q• • 417/ A nitil r.,•°. 11J' , /--- , 21.61 ft , j I I t 1ST STREET 5. W. AT 4.3R0 AVENUE CROSS SECI7ONS \ ‘.. -- - \ \ --- MI • R • UNE\ - R /NE 2 _....... ____ ..._ _. t\°11 1.17.1l 5 21037 PM FAPublIc Work 4G R,,7E1ING ON SION PRCJECT4 \ 1232-10t SI SW143rd A,o Intorsec ImproADosIgnkl 2 -1st t SW -03}d Ave In ImpteiwpACOE VER3 CRASS SECTIONS 7 21-14.05. 71311211 1 to.3 I 1 1 R /NE 10.7] 4 I 70 / 11I II t 1 di ILO .... MU .1 20.3 1 awe F,' 7 g5 •44 • ICS ........ - ki• .. ._ all g isIV 8 1 127.14 .7 ' k/W NE .'_. ... .-... . _ ... 7,.0 . .... . .. ..._ ._. to. - 74 12.7 :., '1221.04 4 771' . ... 9.12 0 N ..1.' t , ZO 91 9' no 11.2.1. .s, -....- —. II.I0 .12 11.20 Val 11a3 , MIS 21. 21.5111 t' PC 1.1 fi 71.0 11.4. PCL e SURVEY -\ • 1 1 ,,.. ! 2,, b , //1 / If41? 21.54I / / II 21.00 1430 s.... . / 4111:10 22.08 t I 01 / 1.30 .. 11.40 t .. . s.... 14 11 Al /ST STREET S.W. .4T 4.1R0 AVENUE CROSS SECI7ONS C' $Aa‘) '.... t . A P. 127 la0 \ \ r ti P. ' 12.4 ti 1.22 ::•: `'' I r . I _ z ).• ?.• ?.- . ......... - - .- -. - .- - -....... -. 1 —....1. - ..-- la • 011 1...2.4l. 5 21047 PM F3PublIc Work MENG A ING DIV SION PROJECT 1232-1 (8/ SW 43rd Av Intense Improv‘DesIgn \ 1 32-1,t • t SW -4310 Ave In ImpkIvejACOE VER3 CR. SS SE. IONS 7 1.14 • •.7/31/2. I . ... __ _ .. _ ... . 9' El 8 8 /2.pY L/HE ". ._ A . .. .., .... „,, . - --- -.. -- t#, ,....• '2, t . 1 1 1 , s01 ,P 6 1 *'' F., Z' k ,.. . . N.; ig 0..1 40 35 30 25 20 15 10 5 f 5 10 15 .o 1 11.01 1.00 t 1.11. 11. 1.57 127 ] D. 11.1 I , 1 I OP L . ._ . .1 4M1 PCL __... . I 1 _... _ . 91 11 1 /11. 4 .1.1 I I I ill 11.70 1 A9.44 I 1 / // 1 ..i. . 14.1 141 .94 .54 Pi 4 I) Jill / Slat . • 1 4.7 \ — / 11: lit ; .V— , \ -.tt..!--- , ,-.: , -- lit 157 ____ 20 25 JO 35 40 45 50 1ST STREET 5. W. AT 43'RD AVENUE CROSS SECT7ONS 1•• I 1E 1.4.7 . . , mil. , , -ii• littx h. IMES im PRO ' MP. CONS (541 .. _ .. ,. , K.117.1 5 21057 PM FAPublic Work kiJG A 1 '', 70 65 60 55 50 45 40 35 30 25 20 15 10 5 i 5 10 15 20 25 30 35 40 45 50 NG DIV SION PROJECT 11232 -IN SI SW43dAv 'Morse( ImpoosADosIgn11 32 -1st 1) SW•43rd Avo In knp \ dwJACOE VER3 CROSS NEC ONS 7 21-14.0wg, 7/31/2 EI I 20,4 LINE I I .1 ..,, I I L/NE ,... i .... r ..,. i 1 /DJ 20.1 191 i R 1 ._... . i___ 1 las 3gig - . 8 8 1 ., .... ,....i 4 1 I I ..r. 1 1 1 1 —70.07 _ . . _... 1---- 1 g' 4:3 i / 21.12 . 1 1112 .Fal ij r 21.01 71.00 .--.--. 2147 - .1J ... .—. ... . -.. 21.1J —..-. -. 11.2. ...Jt01 L I, .. .... .--. .-- 2.. ...... .. —.... 51.I0 ,..... I . _ — —1 —5"..:14.54" - - • , ._ 11.04 21.J7 ....... I -..-.-- • •-• •- -•---- ...22_:i..1 1 I "1 MD v• If 11.74 € SINVEY--h, il )1 ilil ' 'Mot I 11.08 I 11.5.1 I, • to, Li. 14 '...ii.M5 ri // i, mgo--- & .11 ..k -.4 k i """" - - i* 14. 4 (1110:111' 1ST STREET S. W. .4T 43RD AVENUE CROSS SEC17ONS - — • .-- — .__ \ \ . , in -- -N---- .--i; - — — g N L " ' \ PROP. 5' TEMP. coNsr. (SA/T. L.- 200 • -•.. . . -. .1. I* A — MAW& 16 211:06 PM Public Worke\ENGINEERINO DIVISION PROJECTS11232-1et Sl SW_43rd Ave Intend Improv\Deelpn\1232-1e1 St SW -43rd Ave Int Imp dwOWCOE TYPICAL SECTIONS.dw0, 7/312016 2O39:e1 09/10/2015 SAJ-2015-02705 Page 18 of 19 F 50 30' (NW -TSD) Attachment 1 10' Z ¢ SURVEY i SECT. UNE �� /.R.F. W. C.D. SUB -LATERAL B-5 CANAL R/W SOD I 1 1 -y 1 1.2' VARIES /?. I VAR/ES I3 VAR/ES 4 28.63' TO 15.27' If , 22.36' TO 20.71 ' I y 4' S' 500 PAYED P L-. MILD. SHLPAVED SA/LD. �� 1' ES174/ATED VAR/ES O SIDEWALK • VAR/£S ...4t' O.H.W. � •�1 10 - > 0.5 2, 12.62 -13.20' ix _ _ (ELEV. 15.13) I 11y I � . _— _:._--.._ _._.:_:.-.._.:_._::"^_ -----....._.._....... 4.1 MAX 4:1 „ 4 4 . \ INC VAR/ES VAR/ES 4.8 !O. B.7' i A/4X. SLOPE lc FXISi. CURB B' BASE VAR/ES: (TO BE REMOVED) 12' STABIL/ZAT/0N "'IvI v Q CL/RB Q.CTTER tet 8' TYPE // TYP/CAL SECT/ON UND£RDR4/N 1 " . 10=0" 48'X76' RCP - WATER ELEVAT/ON 14.67 (7-13-15) ALL ELEVAT/ON SHOWN ARE BASED ON N.A. V.D. 1988 DATUM. ' Mt omoAt A WRY W422 eoc 7/10/15 1ST STREET S. W. AND 43RD AVENUE — /NTERSECT/ON /MPROVEMENTS TYP/CAL SECT/ON DETA/L 2' �2 .7.014.: l � K. P. iu.�ev 1232 RANGE nn / Q WON rtin �ea� in ncc No. Revision Date BY INDIAN RIVER COUNTY isoi 27t1 sirtrti VERO BEACH , FL 32960 (772) 567-9000 .^"'g .� - Deporlmenf of Public Works Q D Engineering Division =� 091100(11C I-7[11 C nc (133. T r Page 19 of 19 RUBBLE R/P-RAP (DITCH LINER) (SECTION) SCALE: 1"=.5' RUBBLE R/P-RAP (DITCH LINER) (PROF/LE) SCALE: Attachment SLOTTED RCP 48 x76R.C.P. SCALE. 1.=.5' 8 0r. 0f INDIAN RIVER COUNTY 1801 27th STREET Vvm euar . r+. 12060 (n:) 567- WOO .n. C0 Deportment of Public Works Engineering Division 'w r /HMSCN w - 1232 1ST STREET S.W. AT 43RD AVENUE GENERAL NOTES & DETA/LS of St 0 37 Attachment 2 STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE U.S. Fish and Wildlife Service August 12, 2013 The eastern indigo snake protection/education plan (Plan) below has been developed by the U.S. Fish and Wildlife Service (USFWS) in Florida for use by applicants and their construction personnel. At least 30 days prior to any clearing/land alteration activities, the applicant shall notify the appropriate USFWS Field Office via e-mail that the Plan will be implemented as described below (North Florida Field Office: jaxregs@fws.gov; South Florida Field Office: verobeach@fws.gov; Panama City Field Office: panamacity@fws.gov). As long as the signatory of the e-mail certifies compliance with the below Plan (including use of the attached poster and brochure), no further written confirmation or "approval" from the USFWS is needed and the applicant may move forward with the project. If the applicant decides to use an eastern indigo snake protection/education plan other than the approved Plan below, written confirmation or "approval" from the USFWS that the plan is adequate must be obtained. At least 30 days prior to any clearing/land alteration activities, the applicant shall submit their unique plan for review and approval. The USFWS will respond via e- mail, typically within 30 days of receiving the plan, either concurring that the plan is adequate or requesting additional information. A concurrence e-mail from the appropriate USFWS Field Office will fulfill approval requirements. The Plan materials should consist of: 1) a combination of posters and pamphlets (see Poster Information section below); and 2) verbal educational instructions to construction personnel by supervisory or management personnel before any clearing/land alteration activities are initiated (see Pre -Construction Activities and During Construction Activities sections below). POSTER INFORMATION Posters with the following information shall be placed at strategic locations on the construction site and along any proposed access roads (a final poster for Plan compliance, to be printed on 11" x 17" or larger paper and laminated, is attached): DESCRIPTION: The eastern indigo snake is one of the largest non -venomous snakes in North America, with individuals often reaching up to 8 feet in length. They derive their name from the glossy, blue -black color of their scales above and uniformly slate blue below. Frequently, they have orange to coral reddish coloration in the throat area, yet some specimens have been reported to only have cream coloration on the throat. These snakes are not typically aggressive and will attempt to crawl away when disturbed. Though indigo snakes rarely bite, they should NOT be handled. SIMILAR SNAKES: The black racer is the only other solid black snake resembling the eastern indigo snake. However, black racers have a white or cream chin, thinner bodies, and WILL BITE if handled. LIFE HISTORY: The eastern indigo snake occurs in a wide variety of terrestrial habitat types throughout Florida. Although they have a preference for uplands, they also utilize some wetlands 1 Attachment 2 and agricultural areas. Eastern indigo snakes will often seek shelter inside gopher tortoise burrows and other below- and above -ground refugia, such as other animal burrows, stumps, roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June, with young hatching in late July through October. PROTECTION UNDER FEDERAL AND STATE LAW: The eastern indigo snake is classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife Conservation Commission. "Taking" of eastern indigo snakes is prohibited by the Endangered Species Act without a permit. "Take" is defined by the USFWS as an attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses, if convicted. Only individuals currently authorized through an issued Incidental Take Statement in association with a USFWS Biological Opinion, or by a Section 10(a)(1)(A) permit issued by the USFWS, to handle an eastern indigo snake are allowed to do so. IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and allow the live eastern indigo snake sufficient time to move away from the site without interference; • Personnel must NOT attempt to touch or handle snake due to protected status. • Take photographs of the snake, if possible, for identification and documentation purposes. • Immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. • If the snake is located in a vicinity where continuation of the clearing or construction activities will cause harm to the snake, the activities must halt until such time that a representative of the USFWS returns the call (within one day) with further guidance as to when activities may resume. IF YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake. • Take photographs of the snake, if possible, for identification and documentation purposes. • Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake. Telephone numbers of USFWS Florida Field Offices to be contacted if a live or dead eastern indigo snake is encountered: North Florida Field Office — (904) 731-3336 Panama City Field Office — (850) 769-0552 South Florida Field Office — (772) 562-3909 2 Attachment 2 •PRE -CONSTRUCTION ACTIVITIES 1. The applicant or designated agent will post educational posters in the construction office and throughout the construction site, including any access roads. The posters must be clearly visible to all construction staff. A sample poster is attached. 2. Prior to the onset of construction activities, the applicant/designated agent will conduct a meeting with all construction staff (annually for multi-year projects) to discuss identification of the snake, its protected status, what to do if a snake is observed within the project area, and applicable penalties that may be imposed if state and/or federal regulations are violated. An educational brochure including color photographs of the snake will be given to each staff member in attendance and additional copies will be provided to the construction superintendent to make available in the onsite construction office (a final brochure for Plan compliance, to be printed double -sided on 8.5" x 11" paper and then properly folded, is attached). Photos of eastern indigo snakes may be accessed on USFWS and/or FWC websites. 3. Construction staff will be informed that in the event that an eastern indigo snake (live or dead) is observed on the project site during construction activities, all such activities are to cease until the established procedures are implemented according to the Plan, which includes notification of the appropriate USFWS Field Office. The contact information for the USFWS is provided on the referenced posters and brochures. DURING CONSTRUCTION ACTIVITIES 1. During initial site clearing activities, an onsite observer may be utilized to determine whether habitat conditions suggest a reasonable probability of an eastern indigo snake sighting (example: discovery of snake sheds, tracks, lots of refugia and cavities present in the area of clearing activities, and presence of gopher tortoises and burrows). 2. If an eastern indigo snake is discovered during gopher tortoise relocation activities (i.e. burrow excavation), the USFWS shall be contacted within one business day to obtain further guidance which may result in further project consultation. 3. Periodically during construction activities, the applicant's designated agent should visit the project area to observe the condition of the posters and Plan materials, and replace them as needed. Construction personnel should be reminded of the instructions (above) as to what is expected if any eastern indigo snakes are seen. POST CONSTRUCTION ACTIVITIES Whether or not eastern indigo snakes are observed during construction activities, a monitoring report should be submitted to the appropriate USFWS Field Office within 60 days of project completion. The report can be sent electronically to the appropriate USFWS e-mail address listed on page one of this Plan. 3 ATTENTION: Attachment THREATENED EASTERN INDIGO SNAKES MAY BE PRESENT ON THIS SITE!!! IF YOU SEE A LIVE EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and allow the eastern indigo snake sufficient time to move away from the site without interference. • Personnel must NOT attempt to touch or handle snake due to protected status. • Take photographs of the snake, if possible, for identification and documentation purposes. • Immediately notify supervisor or the applicant's designated agent, and the appropriate U.S. Fish and Wildlife Service (USFWS) office, with the location information and condition of the snake • If the snake is located in a vicinity where continuation of the clearing or construction activities will cause harm to the snake, the activities must halt until such time that a representative of the USFWS returns the call (within one day) with further guidance as to when activities may resume. IF YOU SEE A DEAD EASTERN INDIGO SNAKE ON THE SITE: • Cease clearing activities and immediately notify supervisor or the applicant's designated agent, and the appropriate USFWS office, with the location information and condition of the snake • Take photographs of the snake, if possible, for identification and documentation purposes. • Thoroughly soak the dead snake in water and then freeze the specimen. The appropriate wildlife agency will retrieve the dead snake. USFWS Florida Field Offices to be contacted if a live or dead eastern indigo snake is encountered: North Florida Field Office — (904) 731-3336 Panama City Field Office — (850) 769-0552 South Florida Field Office — (772) 562-3909 Killing, harming, or harassing indigo snakes is strictly prohibited and punishable under State and Federal Law. DESCRIPTION: The eastern indigo snake is one of the largest non -venomous snakes in North America, with individuals often reaching up to 8 feet in length. They derive their name from the glossy, blue -black color of their scales above and uniformly slate blue below. Frequently, they have orange to coral reddish coloration in the throat area, yet some specimens have been reported to only have cream coloration on the throat. These snakes are not typically aggressive and will attempt to crawl away when disturbed. Though indigo snakes rarely bite, they should NOT be handled. SIMILAR SNAKES. The black racer is the only other solid black snake resembling the eastern indigo snake. However, black racers have a white or cream chin, thinner bodies, and WILL BITE if handled. LIFE HISTORY: The eastern indigo snake occurs in a wide variety of terrestrial habitat types throughout Florida. Although they have a preference for uplands, they also utilize some wetlands and agricultural areas. Eastern indigo snakes will often seek shelter inside gopher tortoise burrows and other below- and above- ground refugia, such as other animal burrows, stumps, roots, and debris piles. Females may lay from 4 - 12 white eggs as early as April through June, with young hatching in late July through October PROTECTION- The eastern indigo snake is classified as a Threatened species by both the USFWS and the Florida Fish and Wildlife Conservation Commission. "Taking" of eastern indigo snakes is prohibited by the Endangered Species Act without a permit. "Take" is defined by the USFWS as an attempt to kill, harm, harass, pursue, hunt, shoot, wound, trap, capture, collect, or engage in any such conduct. Penalties include a maximum fine of $25,000 for civil violations and up to $50,000 and/or imprisonment for criminal offenses, if convicted. Only individuals currently authorized through an issued Incidental Take Statement in association with a USFWS Biological Opinion, or by a Section 10(a)(1)(A) permit issued by the USFWS, to handle an eastern indigo snake are allowed to do so. August 12, 2013 APPENDIX B Indian River County Fertilizer Ordinances ORDINANCE NO. 2013 - ni 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MODEL ORDINANCE FOR FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; DIRECTING COUNTY ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WEBSITE, AND AN EFFECTIVE DATE. WHEREAS, as a result of impairment to Indian River County's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or canals within the boundaries of Indian River County, the Board of County Commissioners has determined that the use of fertilizers on lands within Indian River County creates a risk of contributing to adverse effects on surface and/or ground water; and WHEREAS, in order to address this risk, the Board of County Commissioners has detennined that it is not only critical to adopt the Florida Department of Environmental Protection's Model Ordinance for Florida -Friendly Use of Fertilizer on Urban Landscapes, but that as part of Indian River County's science -based, and economically and technically feasible, comprehensive program to address nonpoint sources of nutrient pollution, additional and more stringent standards are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to the surface and/or ground water of Indian River County; and WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; and specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of Indian River County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality, F:Ur .yekeAcaNERAIAR.4.6.cFerziIIusOm.n.w .101J(Fiwalj(Aegut 70)docs Page 1 of 9 ORDINANCE NO. 2013 - 012 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Adoption of Chapter 316 of the Code of Indian River County (the "Code"). Chapter 316 of the Code is hereby adopted, as follows (new language is indicated by underline): Section 316.1. Title. This chapter shall be known as the "Indian River County Fertilizer and Landscape Management Ordinance." Section 316.2. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "Administrator" shall mean the County Administrator, or an administrative official of the County designated by the County Administrator to administer and enforce the provisions of this chapter. "Application" or "apply" shall mean the actual physical deposit of -fertilizer to turf or landscape plants. "Applicator" shall mean any Person who applies fertilizer on turf and/or landscape plants in Indian River County. "Board" shall mean the Indian River County Board of County Commissioners. "Best Manazement Practices" shall mean turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective s:wmr..ytiip•MCE J ULVtrs.it.r:.n,aoai.,m..,lodo.anc.,u,rruarReoddP..ah„rOrem,..-20JJrFr.ury(,r.,..,r 70-4a Page 2 of 9 ORDINANCE NO. 2013 - and practicable on -location means, including economic and technological considerations, for improvin • water quality, conserving water supplies and protecting natural resources. "Chapter 85-427" shall mean The Indian River County Environmental Control Act, Chapter 85- 427, Special Acts, Laws of Florida. "Code Enforcement Officer shall mean any designated employee or agent of Indian River County whose duty it is to enforce codes and ordinances enacted by Indian River County. "Commercial Fertilizer Applicator," except as provided in §482.1562(9), Florida Statutes, shall mean any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Code" shall mean The Code of Indian River County. "Environmental Control Officer" shall mean the Indian River County Environmental Control Officer appointed by the Board pursuant to Chapter 85-427, and Chapter 303 (Part I) of this Code, and his or her designees. "Fertilize?' "fertilizing," or "fertilization" shall mean the act of applying fertilizer to turf, specialized turf, or landscape plants. "Fertilizer" shall mean any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. "Heavy rain" shall mean rainfall greater than two inches in a 24 hour period. "Institutional Fertilizer Applicator" shall mean any person, other than a private, non-commercial applicator or a Commercial Fertilizer Applicator (unless such definitions also apply under the circumstances). that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Fertilizer Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. "Landscape plant" shall mean any native or exotic tree, shrub, or groundcover (excluding turf). "Low maintenance zone" shall mean an area a minimum of ten feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. "Person" shall mean any natural person, business, corporation, limited liability company., partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. :14.0 Yld.`GF14IAL64ndrd rad OrAwrreKhdlmawrrertlda?Model Aram" Qawvoe- 2913 Anal964,=w 2e dace Page 3 of 9 ORDINANCE NO. 2013 - 012 "Restricted Season" shall mean June 1 through September 30. "Saturated soil" shall mean a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this chapter, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. "Slow Release Nitrogen" shall mean nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. "Turf," "sod," or `lawn" shall mean a piece of grass -covered soil held together by the roots of the grass. "Urban landscape" shall mean pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in §570.02, Florida Statutes. Section 316.3. Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Restricted Season, to saturated soils, or during a period in which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of Indian River County, issued by the National Weather Service, or if heavy rain is likely. Section 316.4. Fertilizer -free zones. Fertilizer shall not be applied within ten feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall. If more stringent Indian River County. Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this zone only for a 60 -day period beginning thirty days after planting if needed to allow the plants to become well established. Caution shall be used to prevent nutrients from being directly deposited into the water. Section 316.5. Low maintenance zones. A voluntary ten foot low maintenance zone is strongly recommended_ but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent Indian River County Code regulations apply, this provision FAd OrdeemeslAits..+erAFnrNtnrefcdrf Ferdit crOr6nmcr -701! (Fw)(A.ary 20U. Page 4 of 9 ORDINANCE NO. 2013 - 012 does not relieve the requirement to adhere to the more stringent regulations_ Notwithstanding the voluntary nature of the above sentences, no mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over - spray of aquatic weed products in this zone. Section 316.6. Fertilizer content and application rates. (a) No fertilizer containing phosphorous shall be applied to turfor landscape plants in Indian River County unless a soil or plant tissue deficiency is verified by a University of Florida, Institute of Food and Agriculture Sciences, approved testing methodology. In the case that a deficiency has been verified, the application of a fertilizer containing phosphorous shall be in accordance with the rates and directions for the Central Region of Florida as provided by Rule 5E-1.003(2), Florida Administrative Code. Deficiency verification shall be no more than 2 years old. However, recent application of compost, manure, or top soil shall warrant more recent testing to verify current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label. (c) Fertilizers applied to an urban lawn or turf within Indian River County shall be applied in accordance with requirements and directions set forth on the label or tag for packaged fertilizer products, or in the printed information accompanying the delivery of bulk fertilizer products, as provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers. All packaged and bulk fertilizer products sold in Indian River County shall be sold in packages with Iabels or tags, or, if sold in bulk, be accompanied by printed information, which complies with the requirements of Rule 5E-1.003(2), Florida Administrative Code. !d) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro - seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.). or in accordance with the Stormwater Pollution Prevention Plan for that site. Section 316.7. Application practices. (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones and water bodies. including wetlands. (b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. (c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. F.1.0.115,41.bebIGENEUMAsludens dQdn.nxerlOhdb.eperalfra Rn.Wa1d Arabs,. - 2013 (FM.U(J...0 JWd.: Page 5 of 9 ORDINANCE NO. 2013 - 012 (d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. fel In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. Section 316.8. Management of grass clippings and vegetative materials. In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. Section 316.9. Exemptions. The provisions set forth above in this chapter shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, § 823.14, Florida Statutes; (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for gazing livestock; (c) any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture.; (d) golf courses when landscaping is performed within the provisions of the. Florida Department of Environmental Protection document, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses", these provisions shall be followed when applying fertilizer to golf course practice and play areas; (e) athletic fields at public parks and school facilities that apply the concepts and principles embodied in the Florida Green BMPs, while maintaining the health and function of their specialized turf areas; (f) vegetable gardens owned by individual property owners or a community, and trees grown for their edible fruit. Section 316.10. Training. (a) Within the time period set forth in section 316.12 of this Chapter, all Commercial Fertilizer Applicators and Institutional Fertilizer Applicators within Indian River County shall abide by and successfully complete the six -hour training program in the "Florida -friendly Best F.L6antrykLgolotWsa! eau 6 OrstomutribnikvzstiFergarstilladirl F., W ., Orthwar. -10!! raisI dvgam26ldu Page 6 of 9 ORDINANCE NO. 2013 - Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida -Friendly Landscapes" program, or an approved equivalent. (b) Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida Institute of Food and Agriculture Sciences Florida Yards and Neighborhoods program when applying fertilizers. Section 316.11. General education program. The Public Works Department shall have an employee who shall address issues pertaining to this Chapter. This employee shall implement a' program to inform the general public of the requirements of this chapter, which program shall include, among other things, informative postings on the County website, printing and, distributing informative brochures and other print materials, and speaking engagements at community associations, civic organizations, etc. The program shall also include, to the extent practicable, use of any materials from the Be Floridian program and coordination and collaboration with University of Florida Institute of Food and Agriculture Sciences educational activities. Any claimed or alleged deficiency in the County's general education program shall not constitute a defense to any action brought to enforce the provisions of this chapter. Section 316.12. Licensing of commercial fertilizer applicators. (a) No later than December 31, 2013, all Commercial Fertilizer Applicators within Indian River County, shall abide by and successfully complete training and continuing education requirements in the "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries," offered by the Florida Department of Environmental Protection through the University of Florida Institute of Food and Agriculture Sciences "Florida -friendly Landscapes" program, or an approved equivalent program, prior to obtaining an Indian River County Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the Indian River County Tax. Collector's Office within 180 days of the effective date of this ordinance. (b) After December 31, 2013, all Commercial Fertilizer Applicators within Indian River County shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.117(18), Florida Administrative Code. (c) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi -family and condominium properties) must ensure that at least one employee has a "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of F.•UC44ALodo'le£ttERAJ14ndMau 4 O,dpr..n+XhA.rm siirreirarrilled4Fena:oO.4n.4.4• 2011V 4 .701'. Page 7 of 9 ORDINANCE NO. 2013 -014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONCERNING THE FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE, AMENDING SECTION 316.6 (FERTILIZER CONTENT AND APPLICATION RATES) AND SECTION 316.15 (APPLICABILITY) OF CHAPTER 316 (INDIAN RIVER COUNTY FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY TO ALLOW FOR THE GRADUAL AMORTIZATION OF THE SUPPLY OF CERTAIN NITROGEN CONTAINING FERTILIZER AND APPLYING CHAPTER 316 TO UNINCORPORATED INDIAN RIVER COUNTY, AND MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted an ordinance regulating the proper use of fertilizers in order to protect the water quality of Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies; and WHEREAS, the new fertilizer regulations require that the nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50°/ slow release nitrogen per guaranteed analysis label; and WHEREAS, the new fertilizer regulations go into effect on October 14, 2013; and WHEREAS, in order to provide adequate time for the supply of fertilizer containing nitrogen that does not comply with these regulations to be eliminated, it is necessary to provide additional time for retailers to eliminate those supplies that meet at least a minimum threshold of slow release nitrogen, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article Vlll, §l of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. / .Im•1+�1/+b++: NU! IL'17rva.....4 /h.lirvn.-.✓i b.r,,, .-, p-,. :..,lu...rtr:mn.r firndx (/.•Gunr.r.il.:+ Page 1 of 3 ORDINANCE NO. 2013 - 014 Section 3. Amendment of Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County (the "Code"). Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.6. Fertilizer content and application rates. (b) As of the effective date of this chapter, the The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 2530% slow release nitrogen per guaranteed analysis label. As of June 1. 2014. the nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label. Section 4. Amendment of Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County (the "Code"). Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated area of Indian River County, unless such applicator is specifically exempted; mattef. This chapter shall be prospective only, and shall not impair any existing contracts. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. F '.lnwneyDrat. ['1Y.ef411: frN%w(rru.F(Mnn,..rrl'Ikdrnoars'Fe hir..r'.feurlutnnr fmin:rr fin bumue:hex Page 2 of ORDINANCE NO. 201.3 - 014 Section 7. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 16th day of September , 2013, for a public hearing to be held on the 1st day of October 2013, at which time it was moved for adoption by Commissioner Solari , seconded by Commissioner O' Bryan , and adopted by the following vote. Chairman Joseph E. Flescher Aye Vice Chairman Wesley S. Davis Aye Commissioner Peter D. O'Bryan Aye Commissioner Bob Solari Aye Commissioner Tim Zorc Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of October, 2013. ;OP9IS/S� BOARD OF COUNTY COMMISSIONERS '•`%:INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Jeffrey R. Smith, Clerk'ofCourt and Comptroller Bv: eph E. Flescher, Chairman Approved as to form and legal sufficiency: Dep i Clerk Ian Reingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2013. O.on. 'JJnth.f iF_\fk 11,1teu✓I....,. R lb.haw.-r ff.-0murrrFenrh::.:Inkyli.ouan frit%+:.r()nnaare.8 r. Page 3 of 3 APPENDIX C INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIG HT-OFWAY CONSTRUCTION F \Public Works\ENGINEERING DIVISION PROJECTS\1232-1st St SW_43rd Ave Intersec Improv\Admim\bid documents\Master Contract Documents\APPENDIX C - IRC Traffic Engineering Special Conditions.doc II INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION SPECIAL CONDITIONS: 1. All work performed under this permit shall be in accordance with the Florida Department of Transportation Design Standards, The Manual on Uniform Traffic Control Devices, and Indian River County Typical Drawings, latest editions. 2. All special conditions listed are in addition to the attached Indian River County Traffic Engineering Regulations for`Maintenance of Traffic. 3. It shall be the contractor's responsibility to contact Sunshine State One Call System (1-800-432-4770) at least 72 hours in advance of commencing construction work to coordinate traffic control and obtain locations of underground traffic signal conduit for the County's Computerized Traffic Signal Coordination System. 4. The contractor shall be responsible for using the applicable Traffic Control Plan for the type of work being performed. All job supervisors shall have a copy of the control plan on site at all times and shall be familiar with the correct set-up of the plan. 5. At least one lane of traffic shall be maintained at all times. One -lane traffic shall be controlled with at least two (2) flagmen. Flagmen shall use STOP/SLOW paddles at all times. Flags shall not be used for one -lane traffic control. 6. After proper notification to Traffic Engineering, consideration will be given to the contractor to close roadways to through traffic on a daily basis during daylight hours on narrow roadways where maintaining one -lane traffic would be difficult. The roadway shall be open to traffic at the end of each work day and on weekends. It shall be the contractor's responsibility to provide all necessary construction signs and traffic control devices to close the road and provide a detour route in accordance with Indian River County standards. Signing shall be installed that clearly indicates the time periods the road is closed to traffic. 7. There shall be no construction work after dark. 8. All open excavations shall be back filled before the close of each work day. C:\Users\mnixon\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\P4WN208S\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT doc 9/23/2015 Special Conditions for Right -of -Way Permit Page 2 9. A compacted roadway shall be provided at the end of each work day. Disrupted roadways shall be 1 clearly marked as a construction area. 10. Refer to the attached Traffic Engineering Regulations for construction work on Indian River County roadways for maintenance of traffic inspection policy and procedure. Field inspection for work zone safety and maintenance of traffic will be coordinated by the Traffic Engineering Division. 11. All construction equipment, materials, etc. shall be stored outside of the clear zone. Equipment and construction materials that are stored within the clear zone shall be clearly marked with Type II barricades with flashing yellow lights. 12. All projects and work within Indian River County right-of-way shall have an approved Traffic Control Plan (TCP). All work shall be executed under the established TCP and Indian River County approved procedures. The TCP shall provide the proposed detour route, traffic control devices, and other pertinent information for the proposed project and shall be submitted for review and approval by the Public Works Department. The FDOT Design Standards, Indices 600, 2015 do not include a Traffic Control Plan for a full road closure. For full road closures, a TCP is required to be submitted by the contractor a minimum of two (2) weeks prior to the proposed road closure. All traffic control devices shall be in accordance with the Florida Department of Transportation (FDOT) Design Standards, Indices 600, 2015, the Manual on Uniform Traffic Control Devices, 2009 Edition, and Indian River County Typical Drawings for Signing, Pavement Markings, and Geometrics, latest edition. 13 For full road closures, Portable Changeable Message Signs are required to pre -advertise the roadway closure, a minimum of seven (7) days in advance of the road closure and during the duration of the road closure. The use of Portable Changeable Message Signs for lane closures on thoroughfare plan roadways will be required. Messages are to be as approved by the Public Works Department and shown on the TCP. TRAFFIC ENGINEERING REGULATIONS Maintenance and Protection of Traffic: It shall be the responsibility of the contractor to provide for the maintenance and protection of traffic in accordance with the applicable indices in the most current edition of the Florida Department of Transportation Roadway and Traffic Design Standards and the Federal Highway Administration Manual on Uniform Traffic Control Devices. The indices shall be considered the minimum standards and a more extensive work zone set-up or modifications may be required by the County Public Work Director or his designee for the protection of personnel in the work area as well as the traveling public. C:\Users\mnixon\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\P4WN208S\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT doc 9/23/2015 1 I it Special Conditions for Right -of -Way Permit Page 3 It shall be the responsibility of the contractor to ensure that all subcontractors are in full compliance with all traffic control regulations. It shall be the responsibility of the contractor working on County roadways or within Right -of -Ways to establish maintenance of traffic prior to any work being performed. The contractor shall frequently monitor the work zone set-up to ensure that all signing is properly placed and that warning signs remain at the proper advance posting distance from the work area. Any signs that do not apply to the work zone shall be removed or covered. The contractor shall remove the work zone set-up at the conclusion of the work. Traffic Engineering shall be notified twenty-four (24) hours in advance of any lane closings and ten (10) days in advance of any road closures. Lane closures are restricted to outside the normal peak hours of traffic, lane closures shall occur during the hours of 9:00 AM to 4:00 PM unless otherwise approved by the Public Works Director or his designee. Traffic Engineering staff shall inspect the Maintenance of Traffic prior to construction commencement to ensure compliance with the approved Traffic Control Plan. It is the policy of the Traffic Engineering Division to randomly monitor the contractor's compliance with all regulations while working on County roadways and within right-of-ways. Matters of public safety shall be attended to immediately upon notification by the County Public Work Director or his designee. If the contractor is found to be negligent in maintaining proper work zone set-up in accordance with the County's Right -of -Way ordinance (Chapter 312), the County Public Work Director or his designee shall impose penalties in the amount of $250.00 for working without the proper traffic control. Construction at or Near Signalized Intersections: The contractor shall have full responsibility for any work performed at or near any traffic signals in Indian River County. The contractor shall request that the County locate buried interconnect conduit and cable, loop sensors, and pull boxes prior to commencing construction. Any damage to the interconnect conduit, loop sensors, and pull boxes or any other traffic signal equipment shall be repaired at the contractor's expense. It shall be the responsibility of the contractor to notify Traffic Engineering Division 72 hours prior to any work being performed near a signalized intersection or flashing beacon. Once the proper notification and locate procedures are satisfied, the contractor working in or near signalized intersections or around traffic signal poles, signal cabinets, or flashing beacons shall be advised of the following regulations: 1. No excavation shall be performed within a 15 foot radius of any traffic signal pole. If excavation is necessary within a 15 foot radius, it will be the contractors responsibility to provide the following: C\Users\mnixon\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\P4WN208S\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT.doc 9/23/2015 Special Conditions for Right -of -Way Permit Page 4 a. In a manner approved by the County Public Works Director or his designee, the contractor shall provide constant support of the traffic signal pole to prevent movement during excavation and backfill operations. b. Compaction around the excavation site to a 98% density, bringing the backfill up in 1 foot lifts. c. Density reports from a licensed testing company provided to the County Public Works Director. d. Restore the traffic signal and all support equipment to original condition or better. 2. There shall be no pavement cuts made within 500 feet of a signal or flashing beacon without contacting Indian River County Traffic Engineering Division at (772-226-1547), 72 hours prior to construction. 3. Any traffic signal, loop sensors, conduit, interconnect cable, or any support equipment damaged by a contractor shall be repaired at the contractors expense. 4. Any contractor that works at or in the vicinity of a signalized intersection shall have full responsibility for any liability incurred by causing damage to signal equipment that results in the failure of the traffic signal functions. If such a failure occurs, the contractor shall notify the police and the Traffic Engineering Division immediately at (772-226-1547). Once the proper notification and locate procedures are satisfied, the contractor working in or near signalized intersections or around traffic signal poles, signal cabinets, or flashing beacons shall be advised of the following regulations: 5. No excavation shall be performed within a 15 foot radius of any traffic signal pole. If excavation is necessary within a 15 foot radius, it will be the contractors responsibility to provide the following: a. In a manner approved by the County Public Works Director or his designee, the contractor shall provide constant support of the traffic signal pole to prevent movement during excavation and backfill operations. b. Compaction around the excavation site to a 98% density, bringing the backfill up in 1 foot lifts. c. Density reports from a licensed testing company provided to the County Public Works Director. d. Restore the traffic signal and all support equipment to original condition or better. C:\Users\mnixon\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\P4WN208S\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT doc 9/23/2015 Special Conditions for Right -of -Way Permit Page 5 6. There shall be no pavement cuts made within 500 feet of a signal or flashing beacon without contacting Indian River County Traffic Engineering Division at (772-226-1547), 72 hours prior to construction. 7. Any traffic signal, loop sensors, conduit, interconnect cable, or any support equipment damaged by a contractor shall be repaired at the contractors expense. 8. Any contractor that works at or in the vicinity of a signalized intersection shall have full responsibility for any liability incurred by causing damage to signal equipment that results in the failure of the traffic signal functions. If such a failure occurs, the contractor shall notify the police and the Traffic Engineering Division immediately at (772-226-1547). C:\Users\mnixon\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\P4WN208S\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT.doc 9/23/2015 0 END Iks„ ROAD WORK A 4] a A 11 50(66(110 PIKS DOMED *Km 110Nottl5 StKA■T DISTANCE BETWEEN SIGNS Speed Spading ((t.) Spa. A 8 4(1 mph or less 200 700 45 mph 350 350 50 mph or grauer 500 500 'Niamey /Naivety, SiglrS. SYMBOLS 0o1k Are,. Sign Outs 18- s 18' (Nin) Mange flag And Type 0 Light • Cnam,rhrmg Orrin (See Moos No. 600) (p Won0 Zaire .Sign t==> Lana l4entil,ra(ron r 0nectron of Trat lie • • ■ ■ ■ Tape, 100g11( - VA 'See Table 11 Device Spacing -raper Work t 422 Area //.1/.////// Demi, 5500. 0 -Tangent h�3 .500 See fable I See Taole 1 Table 1 Device Spacing Speed Nips. Distance Between Devices (11.) Spa. Cones or Type) or ! ylie I! 1mph) Tubular A4,1111015Bdreirdde5 Or Vertical Pane11 or 019,05 Taper Tangent Tipper Tangent 15 25 50 75 50 30 10 45 25 50 30 50 50 to 70 25 5o 50 (o0 GENERAL NOTES 2, W(en IOpr 0, mWr wore 0Mi(1e3 erne1 the (Oration 1,a)1,, (ares In 2 000 00111 per000 or 455 ft./Wing establishing at0 terminating rte 00:5 areal. (ne 80020N0d FLAGGF.R Sign shall be subStaute4 (or the 00666RS Sign. for (oration dl ((aggers and fLAGLER 510115. see 1,004 No 603. 7. SHOULDER WORK sign may oe used a an erten.(• 10 Ike WORKER symbol sign onto On IM side rv02re t1, Sndufder mors is being perl0,mect 3. W1,,,, a side road Intersects 10011ighway wlttin the rrc lone. additional 7TC devices shalt De placer in dccondalrie wit, otter applicable 7C2•Irnleres. 4. for general TC2 re00irerrenrs 400 add,ri0,2' infprm2(ron. refer to leder No 600, DURATION NOTES 1. 5,905 and r1WMeln/Ing aer,,0s. may be Omitted if alt Of Ike 101lowl0g COndnron5 are a Work opbratnns 010 60 ntonetCS Or 1055. R Venirl,S 111 thc.wnrl .100,l bible Ingh-inlen,rf7 rotated, 11aslong, oscillating, or strobe lights operating Table 11 Taper Length - Shoulder Speed Pit 1(6) ((nphl . 8" 10' 17 Notes SHUN. SMdr Shed, 75 28 35 42 30 ' 40 50 60 L= WS' 35 55 68 82 60 40 72 y0 107 45 120 130 160 50 133 167 700 55 147 183 220 60 160 700 740 L -WS 65 173 211 760 70 107 233 280 B' m,m4wm sh0ul0e, = Length of Matilde, lege, ,n 1004 W o Width 01 I (Oaf should, in feet (0,002 1126 poked 200 0452020 want( 5 e P0.51e11 5deed limn fowl) CONDITIONS WHERE ANY VEHICLE. EOUIPNENT, WORKERS OR (04(0 ACTIVIr(ES ENCROACH THE AREA CLOSER THAN 15' 807 NOT CLOSER THAN 7 r0 THE EDGE OP TRAVEL WAY LAST REVISION 07/01/12 DESCRIPTION: 2015 �� DESIGN STANDARDS TWO-LANE, TWO-WAY, WORK ON SHOULDER INDEX NO. 602 SHEET NO. 1 of 1 Cna..nelinng Derives Op,rOne, On ( 11 Used. See raole 1- Device Sparing -Tangent (.0 (00 SV 50 OR ,dIer Spare f 5.11 8Table 750 c D A 1 ae Or. love c0 ON RON Deuce Spoht.-tan See Table P De isc Spmrng-Taper 5re Table 1 STOP/SLOW AFAD METHOD 1- 2 AFAD'S Ch.mne11r1ng 000,res 00(1Nlal On I IA If Uo.o. See Table 1- Dewar Sparing-teng100 [.o I IW SV SV % eviler Spare S250ROAD .ons See Table b O 43 m A • 7Worx Area/ (0 /. AFAOs shall onir ue use0 on 5,rval,m. 'here (Ave Is nnly.un0 lane 01 approaching traffic In the mret'O01 !0 be (0400000. 2. When used 01 0(9111,0.. elle AFAD llagg,ng uat,on .001/ 00 ,Num,Anled. 3. when the APAD ,a net 111 llSe. 11 shah bC .110,1001 coot nle IRC (leaf 00(0' or Pe shielded by a barrier or (rash cushion anis the signs associated with the MAO shall ne removed oi.(uvert4 20 Min. SV Max. s�P 1 rat RED AL 4 O Device Sparing -Tangent See Tab10 1 Oev,(e Spacing -Taper See Table 1 Red/Yellow AFAD' RED/YELLOW AFAD METHOD 2- 1 AFAD AND A FLAGGER AUTOMATED FLAGGER ASSISTANCE DEVICES 4. Ovrar,on Notes 6110'11 O. snee( 1 of 7 00 net apply when AFAD are used: 5. O4y OVN.I..4 (loggers who hare been Yarned .0 the Opeoaeron 01 the 49A0 mbr operar0 the AFAD Moen on axe. earn AFA0 must be 10 view 01 and .ften070 at all (200.4 by 1ne flogger uperattng the ncrltc.•Use tam flaggcrs and one of We following met -1000a in.thc dcplormcnt of AFAD: Merhed 1: AUK! an,4540 44 each 000 Of the temporary traria control lone Meth04 Z. P1K4 an AFAD 4 One end' 0f the temPOr4ry 1(1(0,0 ((mt.ol /010 and a flogger al the opposite end. EM Ran WORN DISTANCE .BETWEEN SIGNS Speed Spacing (!(.) (mph) ABC D 40 or Jess 200 2.00 200. 100 45 350 350 350 12) 50 500 500' 500 750 55 0, grealel 2640 1440 1000 500 • (See sneer 1 Notes) - (See Sheet 1 Notes) (AFAD) NOTES A 111,00 ((a00,, may 5104AhAheOlSIO operate (aro AFAD (Method 1) or nay Option a srnglr 41413 on one end o1 the temporary traffic 00rpre) 10110 while btofg She flagger al the opposite end el rho laerperarr lrarlre (04,01.)0.0 001000 11 ,1 all top. of tn0 lollwvinq tondlliens are 9,051,0: o. The 1(0990, hos on lu,o0struele0 rotor el the A140(5): 0. 'r;04 I0090er has .10 400054141014,vl0r 01 40Pre Kh,n9 ti allot In DOln On01,uns. and 0. for Ne(hod h the AfAl90 are less Iia„ 800 It apart. For NctMd 1. the AFAD and the !Jagger are 100 than 800 rt apart. d Ensure (wo,ltaine0 !Joggers are available on-site l0 provide marmot (lagging opelal.Ons shaWd an AFAD 0(!110001 ion. LAST 000115(ON 07/01/10 O a> DESCRIPTION: 2015 FDO DESIGN STANDARDS TWO-LANE, TWO-WAY, WORK WIITHHN THE TRAVEL WAY INDEX NO. 603 SHEET N0. 2of 2 CND ROAD WORK 41 Buffer Spate See table 5O L C=t Q DISTANCE BETWEEN SIGNS Speed Spacing (1 .1 (mph) A s C 0 40 or Jena 200 200 200 100 45 .150 350 330 175 SO 300 500 500 750 55 or greeter 2640 1640 1000 500 The ROAD WOR4 1 NILE won nl41 oe used as an alternate to the 1104') WORK AHEAD sign. •• 500 beyond the ROAD WORK AHEAD won 0r 4114WaY between Sten% rhrrnerer 1f less. •'• 09 PREPARED '10 STOP sign roar off om,Neo ro, speeds of 45 140H or less, SYMBOLS ® Work Are., Ston with 19• • IB' (Hon.) Chang( flap And Tyle 8 Lt7M • Channel.rin0 Dev,(4 (50e Inner No. 6001 Work Zona 519n Er (rouge, Autom404 Hagge, Asslalanio Oevl(4s (A(AD1. WO. Gore Lane Identification ♦ Drrectron of Traffic Desire Sparing -Tangent See 7494 1 Decree Sp4Crn9-lapel See Tare 1 TABLE 1 DEVICE SPACING Speed (mph)' Maw. Distance Between De0(O6 ((LJ Cones a ruby's., electors Typo 1 or Type ti Comrades M VlrtiCal Panels a Drums Taper Tangent Taper Tangent 75 to 45 70 SO 10 50 50 to 70 70 50 70 100 GENERAL NOTES L NON, OPOry*On5 Shall be Contorted 10 One Waft.( 1444. learned The Oppod.fe line Open ,0 11'41 lit. 2. 464,t,40dl OIM-Way (0014! 0141 be 0710[100 Dy the 1011uw,n9 means: (. Flag-(drry,n9 vehicle: 2. Official vehicle: j, 01rN rnh,rbrs. 4. 1,41(0 signs/n. When Ilay9ers Ore roe sore means or one-way Control. the (loggers Ohdll be 4n 5(9N of earn other or on drre(t 4Omn Unrral,00 at' ell 140105. 3. The ONE -LANE ROAD stens are to be fully covered and (6e ((AGGER stens either renewed no fully covered when no work Is Deep oerf0rn'Oe and /he tideway is Open (0 Couto-tear (rafts( .4 When 4 fide road iMers0(Is the highway within Ine FTC lone, x04(400 al T(C derl(es shall ne pored 4n 40(0rdaree wet, other .pplireale TCZ Indexes. 5, The two channel:2,11p 0er.Ce5 dn'e(tey 401 Irani of Hue work arae and the one rlNrvleht.n9 decree eirorrly at the end Or inn work area 'nay be enrolled p(OIIBM *09115es ,n the W0rk'd(ed have 111911-?MM511Y 10(dltny. flashing, ostillarnq. Or Strode (19hts operotrnq. 6. for Temporary Lased Rumble Slops. general TEL requlrementt and .0011,00rwl ,ntorn,x.nn. refer 10 (Iyer No. 600. END ROAD MORN DURATION NOTES 1. ROAD WORK AHEAD a,0 the 80 PREPARED (0 STOP S00n5 may be ornate0 .f ant 01 rhe lonowrnq 1006,(10,15 alb 00( 3, Work operatlon5 are 60 nunu(es or le..s. n Speed li,nil '5 45 men 0r leen e No sight Destructions to renitles epproa(hing tt,e 140,4 Brea lot a asshole e4jWl to tlse Duller spate. 0. Venl(I4S N the were area hare nigh-on:01511y, (01Mrllq. I1ds0ne, oscillating: or strobe fights 090v4110y. e. Votutre arta COmpleoly ot'(6e roadway has been Considered BUFFER SPACE speed (mph) DISC. (11., .15 155 - 30 200 35 250 .10 %05 45 360 s0 x25 55 095 00 570 65 (,45 70 730 When Buffer Space canna 0e etes,neo 000 to 9eometrrc (onstral0s. 1110 9(001(41 attainable length shall 6e used. but 001 1000 than 700 (1. CONDIT IONS WHERE ANY VEHICLE. EQUIPMENT WORKERS OR (mole ACTIVITIES ENCROACH THE AREA BETWEEN (He CENTERLINE AND A LINE.? OUTSIDE THE EDGE Of TRAVEL WAY LAST REVISION 07/01/14 s • a DESCalPI10011 2015 91 DESIGN STANDARDS TWO-LANE. TWO-WAY, WORK WITHIN THE TRAVEL WAY INDEX NO. 603 SHEET rea 1 of 2 A I) R 1 100 150\ SYMBOLS ® Not Area yr0 Sign 6,10 !R' r 1B' (Nin.) v Orange Pao And T,pe B L31M • Channeriring Deneb ($er 101004 No 6001 01 Wore Zane Soon ET ?tenger r Stop Bo' Lane !denli(,calron ♦ Orrecital 0/ Trallis 0 d qj UNSIGNALIZED GENERAL NOTES 1. TI1e FLOGGER legend 311911 may oe subst,luted.lol the symbol srpn 2. When 450(3(3Os In a portent? /01113 or0(3 the hoe Of 5190110 7C2 Mans. the .09115 small be post mounted and located m accordance wrth Wee No. 17302 3. 11 the wore Space extends &Cr055 a crosswalk. the crosswalk should be Closed (15300 the mformaflOn rn /007! No. 660. �. Flaggers shall Ire located where they can control more thell One drreirton OI ltal/it. Flogger ..shall 00 0(53903.01 each other or rn 0,10,1 rnmmuaca14011 at eh tonnes, 5.-Mas,mtm spermm0 between (11.100117rn0 derrres shall he nor roarer !hon 20 6. Temporary .91111 p0as.ng ,nodi14a0005 410 to be approved 0y Inc Dlsltrei Trac(,( Operxra0s Eon/M.001 900, 10 1110 0091110m9 01 0031. 7 For Temporary Raros; Rumble Stripa. (tonere? TCZ ,COui(Gmetds and additronai Woo -matron, reler to totter No 600 AEND 110017 WORN END ri ROAD 8101111 ENO ROAD WORE SIGNALIZED DURATION NOTES I. 604.0 WORK.AHEAD AND END ROAD WORK 54111014f of aimIled r1 err of the (oltaoena'.condltlons are net: s ant 7 opeldlldns 010 60 mottles Or less. 0. Speed.is 45 mph Or 1e55. t. No sig11 o05Ir0CHo0s to relliaeS.approa(h.rg 7110 work area fora 015110[1 10010 to A plus B. a. Venrrlos 1113110 work area hare hiph-rntcnsrty, totatrnp. /ias&ng, oscillating, or scram I10h(s 03Orichel. e Volume and comple.rrty of 4370 roadway has Orr. Corn,ldeled DISTANCE BETWEEN SIGNS Speed Spaernp (It.l A 0 40 mph or 3050 200 200 IS mnh 350 350 CONDITIONS WHERE. ANT VEHICLE. EOIIIPMENT WORKERS OR THEIR ACTIVITIES ENCROACH.081 THE PAVEMENT REOUIRINO THE CLOSURE OF A PORTION OF ONE OR MORE TRAFFIC LANES IN.AN oireRSECr,ON. LAST REVISION 07/01/74 O 30 DESCRIPTION: 2015 FDO� DESIGN STANDARDS" TWO-LANE, TWO-WAY, WORK IN INTERS E=ON INDEX NO, 604 SHEET NO. 1 of 1 d a Nedra" J e=> G=. DISTANCE BETWEEN SIGNS Soffa Spacing (ft.) A B Type l or Type 1! 00 mph or less 200 200 45 men 150 350 50 mph or greater 500 500 • 500 beyond (he ROAD WORK AHEAD srpn or midway between signs wnich0ver is fess. SYMBOLS ® Work Area Sign with 77 X lad 04,11.1Orange Flag And Type B LOIN • Channel?Nnp Device (500 Index Ho. 6001 I) Work Zone Stun ' Lane 1QMrr(iratlon L Direction of Tref lir . . . . ■ 8 Taper Length w VA %%%%// w011 4,Oa See Table II Deane 5p40Fnp-Taper Deuce 57wnrq-Tangent I 50O Soo Table I See Table 1 Table 1 Device Spacing Was. Distance Between Devices (It.1 5peed Cones or Type l or Type 1! (rn.p6) Tubular lear00ra, Barricade, p VNtiCd Panels or Drums (mpbl Taper Tangent Taper Tangent 25 25 SO 25 SO 30 (0 45 25 50 30 50 50 to 70 25 50 50 700 GENERAL NOTES 1 It the wart aperat7On encroaches 00the thr0.rpn trait C lanes or when rout Oe More wOr9 001005 Meer (ne through tr'a1(1L lanes In a One bout' pen,00 (erclud.ng estebl.sning and terminating the wort area). a Ita49er shall be provided and a FLIGGER sign shall be suastattted for 7)70 WORKERS sign. The I laggei shall be positioned at the point of vehicle eery or departure from the work area 2. Tn. TCZ /Ran also 0797,8, to wore perlormed in the median .Ilw'e than > out MSS than 15' 77001 Ine edge of Vavelway. 3. When Ivor k• .s bernp performed on multilane und.r.ded roadway rhe signs larmalq• 0101778cd in the median (as shown/ shall be omitted. 4. WORKERS stuns to be removed or lolly covered when no work .1 being performed. 5. SHOULDER WORK sign rosy o0 used a or alternate to the riOHKER aymool Aron 6 when a nide road lnlerSert0 the highway wr(h.n the TTC /000 a9dl(ional.TTC devices shall be placed in acrnrdan(o with dher applicable TCZ Indexes. 7 For gMse el FEZ requirement. wW addilionah uteri ahuo, 7(7er to lode. No.600. CND ROAD WORK DURATION NOTES 1. Signs and channefirinq devotes may be [mitten n all or the /[Hoorne Londrlswls are .74't: a. Wort operal.ons are 60 nmrbaes or 7055. o. Vehicles Al rhe wort area have Mp0-rm0nslry, rotating, 11ashinp, ossillat.ny. or strobe lights one.atinp, Table 11 Taper Length - Shoulder N. ((7.1 Speed Notes 8' r0 U' (mpbl SIIdr OW Shldr,' 25 20 ' 35 a? 30 40 50 60_ WS' L 35 55 68 81 60 40 72 00 107 45 120 150 180 50 .133 .767 200 55 107 183 220 L=W5 60 160 .200 240 65 173 217 260 10 197 233 280 !T (70 mune Shoulder width. Vit • L0090 of shoo+der raper rot leer 10 a Wrath of Iotal shoulder in feel (combined paved and•wspared width) S • Posted speed limit (mph) CONDITIONS WHERE ANY VEHICLE, EOUIPMENT, WORKERS OR THEIR ACTIVITIES ENCROACH THE AREA CLOSER THAN IS .8U7 NOT CLOSER THAN 2' TO THE"E06E OF TRAVEL WAY LAST RE V IS(ON 07/01/07 O a DESCRIPTION: y� 2015 Fr-, `) DESIGN STANDARDS MULTILANE, WORK ON SHOULDER INDEX NO. 612 SHEET NO. 1 of 1 a a a 5 13, I � Ned;anJ Were Area �j • %////.///// Taper Lenglhet See Table 11 Buller Space See Tame 11 Derive Spacing Taper SPEEDING FINES DOUBLED WHEN WORKERS PRESENT DISTANCE BETWEEN SIGNS Speed SPXrng ((t.) Speed. A 8 C .40 r2,4h se less 110 162 200 45 mon 350 350 350 50 mnh 500 500 500 '55 mph or groat( 1640 1640 1000 • The ROAD WORK") N LE 14/gm mos. oar ur00 as an alternate to the ROAD WORK AHEAD Sign and the 6(6HT LANE CLOSED yi NILE Sign may be used as an alternate to the RIGHT LANE CLOSED AHEAD >+gn. •• 500 beyond the ROAD wOR5 A1lE00 0290 or midway between signs whichever ,s toss. SYMBOLS ® Wort Area Vat 51gn With IB's t8' WMin.? (V] Orange Ftng.And Typo 0 lig0 w ChanneNz;ng Device (Sae (nde. No. 600) Work :one Sign e0e Adran(e Waning Arrow'8aard Device Spacing .Tangent 100 SK table 1 See Tattle ! GENERAL NOTES 1 Wore operations shill be confined In one battle lane. leaving the aO)OCCnt lane 0/9022 to traffic, 7. On undivided highway. the median wont as >nown are to De talented. 3. When work is performed in the medi.n lane on divided highways, the rhanneliziap desire plan is Inserted and left lane el0sed and lane enA0 signs 5055/2(21(0 for the right lane ((00ed anti lane chi signs. The Seine applies to un0ivi0e0 mglm4yr with the tpllowrn9 0a0e9t,On4• a. Wort shill? be font tiled r/rnrn ane median lane. b. Addiu(Ona1 barricades, (ones, Or drums shall be placed 02005 file centerline abutting the .001 k rarea and across the trading earl or the wort eire4. When work on undivided m9hways occurs AC1040 the centerline SO as l0 0Mroata on born median lanes. the inverted plan is applied f0 the approach of 00th roadways. a, Signs and (ref 1.c motto) devices are to be mo6rlre0 nn 40[or4an(0 w110 INTERMITTENT WORK STOPPAGE Oelails (sheet 7 00 21 when n0 work a berr9,perlormed 404 the mgaway rS *Pen 20 Iralle. S. The two chonn h5rng devicei directly in (rant Of tit: Nark area may be omitted provide ve//0les In the wort area have high-intensity rotating. Hashing. oscillating. or st.obe 1i9Ms operating. 6. Whin payed 5(104(00,0 hewing a width of 6 lt. or more are Closed. CnanneliImQ devices shall be tiled to close the shoulder in advance of the merging taper to direC1 vehicular traffic to le./0. within the t,evel way. See taloa No, 6(2 for shoulder taper lO,nul.s. 7 When a >rde rued rnter>e,12 the highway within the• TIC ren% additional ITC 00°040 shalt be 9(ne41 221 accordance wrt9 other applicable 017 Indere; B. This TCI plan does 004 apply when work is wing pertained in the middle lamest of 0 Pa or more lane highway See Innes Nn. 614. 9. For general TC2 re0Vnreownts and 000,1,onal "iformation. refer to lndet No. 000. 5007-1 END 8060 808.• Table iI' Buffer Space and Taper Length Table I Device Spacing blas. D5st4nCe Between Devices f/t.) Buffer Spate Speed. Cones or Type 1 or Type fl (mph) Tubular MerYers Barricades or verfiCol 9402/0.02 Drums (71.) Toper Tangent Taper. Tangent 25 25 50 75 50 30 to 45 25 50 30 50 50,to YO 25, 50 SO 200 Table iI' Buffer Space and Taper Length Speed Buffer Spate TaperLength 51S )Marsh Transition) lmphl• Dist. L 014f0I (71.) (71.) (Norge) 25 155 175 30 300 180 L t5' 35 750 245 60 40 705 370 45 360 540 50 425 600 .55 495 660 60 570 720 L — W.S 63 645 760 70 730 540' When Buller 5paCe Caning DC attained 000 to g iviietiir 10,00/340/25, the Q2 eafe11 attainable length shalt Do used. Dal riot Jess than 200 ft. 101 raters; transition• Other than 12' use Where: 1 • length of 14902 in 1eel W e Wi0tn of halve/ transition 2n 5001 S e Posted speed limit 5,49)2) DURATION NOTES 1. Temporary white 00gelrna ,nay be imbued for wort Cpe2Nlons leu than 3 C0050[00(00 001011040 0000 I. For wort 090141/ons up to approtlnsetely 15 /Mattes, Signs. channelinng devices. arrow board, and buffer Spate may be omitted it til of the foNowmg cond,Hons are (tet: a. Speed (hail ti 45 mph or Iasi. b No sight obstructions to vehicles approaching Ina wort 0r00 (01 a 025(00(0 cans, to the Puffer soiree and (00 taper length combined. C. VOfume and COmpleIrty Ol the t0a0Way has been; r0nsiderCO. 0. The 1105ed lax r3 OCC0p,ed by a C1aS5 5 or larger, median duty truckls) with a minnmues gross weight vehicle rating (b5NVA) of 16,001 10 wnh high -,giant),. rotating, fleshing, oscrlNrng. or strobe lights mounted above the cab height arm operating. 3. 201 work operations ep to 60 minutes, ar(oft 600(0'02,0 Dune, spare aur be 0,4,1104 if conditions a. o. and c in D1RAl10N NOTE 2 are met. Ino 0001(1es In the work area have high-u14n511r rotating. 1/inning. oscillating, or strobe lights operating. CONDITIONS WHERE ANY 1904(5(9. EDUII0ENT WORKERS OA THEIR ACTtv!rIES ENCROACH ON,TNE LANE ADJACENT TO', EITHER' SHOULDER AND THE AREA 2' OUTSIDE THE EDGE 01 TRAVEL WAY LAST REVISION 07/01/09 DESCRIPTION: 2015 DESIGN STANDARDS MULTILANE, WORK W.ITHIN TRAVEL WAY MEDIAN OR OUTSIDE LANE INDEX NO. 613 SHEET NO. 1 of 2 a a 01 Arrow 808,0 Operarian Disrootinoed And Ar, my Board Shalt 8e Removed Or Relocated Outs,de f,w, Clea, Zone 01 Be Shie1110 By A Barrier 0r Crash CosbOn 01 01 SPEEDING FINES DOUBLED WHEN WORKERS PRESENT 01 EVEN PAVEMENT 01 L and Buller Space1 77777,77 Wore Area OA ArOa TWeporenty ReooeMd To Tralric Temporary Payment NJrtin•a Pietro rhrou9h Work Area And Denten Relocated Laterally 7 To Oui side Edge 01 Travel Way' SOP ENO ROAD RORK C=2 03 Aire* Board Operation D,storu,Mted And Arrow Board Shali.er-Aamored Or Relocated Outside The Clow Zone Or Be Shielded 8y A Barrie, 01 Cr as/, Cushion Medan 0' ROAD RORK 1 NILE 0' 01 A B 01 c • • L and Butler Spare �/�//�/'o Work Area �Ifr 4' 4'— 1. SPEEDING FINES DOUBLED WHEN WORKERS PRESENT Hyped Or Overlay SNclds UNEVEN PAVEMENT Area Temporary, SOP 0' Reopened to fettle Tmnporary Pavement 14art,n95 PIo(00 rMOoyh Wolk Area And Dev,,es Relocated L,W ,ally 2To P OOISme Edge Or Travel Nay INTERMITTENT WORK STOPPAGE - LANE REOPENED TO TRAFFIC END ROAD %ORR LAST REVISION 07/01/05 O i UGSCR/POION; 2015 s�DESIGN STANDARDS MULTILANE, WORK WITHIN TRAVEL WAY MEDIAN OR OUTS IDE LANE INDEX No 613 SHEET N0. 2 of 2 END ROAD WORK 4] A 4] G ■ • • rep,. larplh — %L 0' See Table 11 Oer,re Spar*1g-Tanoenr See Table 1 DISTANCE BETWEEN SIGNS Speed fro A 8 40 mph er 1410 200 200 45 mph 350 350 50 mph at greater 500 500 -Nrnway 0c2W0kn iigrq. SYMBOLS ® Wore Area 0 Sign clhn 10- . 10- Miro )Orange v flag And Type 8 LION • Channrl,rnrg Ono, (5..e Manx 66.600) as Work Zoon 3,gn (and Idon614al.on f Drr4(tron'0I trill,( Speed (*199) Table 1 Device Spacing Nam. Ensconce Between Oeyices (N., Cortes or type 1 or type 11 Tubular NxYers Barricades or Vertical Part( Or 07904 Taper Tangent Tangent Taper 25 25 50 25 50 30 ro 45 75 50 30 50 50 1070 25 50 SO 100 GENERAL NOTES 1. Innen lour ei more wore ye0hte3 !ler the tnr0ugn 64114 14001 in • one hour period or less (ioO,,dr0g esrabnslu,p and termunalrlp the wort areal. the a87a*1(0d FLAGGF.R von shall h0 substituted tor. the WORKERS son. For location al (loggers and f(A0(06 s)ons. see Indem No 603, 2. SMOULDER WORK sign may oe used as an allornale'10 the WORKER stunts*, sign only on IM side where the shoulder work is bene pellurmed. 3. When A side road Inter setts the highway wutin the TTC zone. pddrtlonal rTC 0pylte5 Shat, 1e °lased rn 4CC4rd4,KC With ethic. 4pphc461C TCZ 1,,0CoCl. a. for general TC2 reguuerrenrs and additional information, refer to nuts, No ,600. END ROAD WORK DURATION NOTES 2. 5,9n5 oro UmrNebring oe•,ces may De 00011 o if all of the I ollowing to09,l,001 are met: a Wolk operations ore 60 nunhtC£ or le£s, 9. Vehicles In, t9e.6orl arc,, have high-intensity rotating. 71asM1p, osc,ltaNng, or strobe IrgMs operating, Table .11 Taper Length -. Shoulder Speed 3rs1 lltl (mph) . 0' 10' 17 Notes Shldr. Stade SMdr. 75 28 35 42 36 40 50 60 t= WS, 35 SS . 68 82 60 40 .72 90 107 45 120 150 180 50 133 167 700 55 147 183 270 60 160 200 740 1'85 65 113 gal 260 70 187 733 200 B m1nun0m sh0ul*e, 0,0,11 ViL c Length o shoulder leper rn lee, W = Width of 101.0 shoulder in tett lrornbimld paved 460 anpayee w,mnr 5 • Posted spee0 limn (niphl CONDITIONS WHERE ANY VEHICLE. E0U1PMENT. WORKERS OR ruelR ACTlvlrtES ENCROACH THE AREA CLOSER THAN 15' BUT NOT CLOSER THAN 2' TO THE EDGE OF TRAVEL WAY LA5T REVISION 07/01/12 2 2 20 DESCRIPTION: 2015 FC10 DESIGN STANDARDS TWO-LANE, TWO-WAY, WORK ON SHOULDER !NOEX NO. 602 SHEET NO. 1 of 1 Cnannehrmg Ornces Opl.onal On ( le Used. See tame 1- Device Sewing -Tangent iAWMAOI 05f—'O 1t 100 50 50 OA TAIT 01 STOP p l- Huller Spare / See 1m1e 250 C 0 A 4.5 wA) P e e ■ 0' Q toom Wok I oar cA ■ Dente Spacing -Tangent 50(1 v See Table 1, Dovkc Sp...so-Taper See Tame I STOP/SLOW AFAD METHOD 1- 2 AFAD's Chmncluing Devices Optional On [ 11 users. See Toole 1- Denre,Spar.ng-7Angenl 80(155 Space r l See Table 1 Eng I oorJ 50 neat, weft CC. SO ENO 0006 .ma C=. ■ 0' A Q 0' WorE Area 7 1. AFADs shall only 00 6950 on FiruN•OiS whnre.r0elo 15 Only 0nc lane 01 approaching 1514110 111 the director, 10 he (5n(001ned, 1. When emote at nighttime. Deo AFAD llagq.ng (10000 shau so d/um.M11d. 3. When 100 AFM .s not 10 use, (t shall Oc 010,1(4 outside the 01045 Lone or be shielded by a barrier or rrash cushion And the signs associated wnh ISP AFM 01011 he removed Or Covered. 50 Min. 50 Mas. ear a RED 0 Devote Sparing -Tangent See 7451,, 1 Device Spacing-Tap0r See Table 1 50017,llow AFAD RED/YELLOW AFAD METHOD 2. 1 AFAD AND A FLAGGER E50 00)1) 5000 AUTOMATED FLAGGER ASSISTANCE DEVICES (AFAD) NOTES A. Duration 150150 6hgvn On Sherr 1 of 7 do not apply when AFAD arc used. 5. O.dy Opal.l.pd f naggers who hays peen Ita,ntd m 100 ops. ab00 0I she AFAD may operate (lee AFM When rO use. each AFA0 0Y01 oe en y,ehv.0( and :atr0004 at all 1,01011 by the Dagger 0perwmg the 0csor„•.'Use feu flogger,. ono one of the Iollowenq methods in the deployment of AFAD: Method 1. Plate 00 41.0D at path end of the temporary tratf,t control 10ne. 00011,00 7• Place an AFAD of one en4 0f the tem9o, are lra(t0 co.4,01 /one And a stagger at the opposite end. DISTANCE BETWEEN SIGNS Speed Spacing ((t.) (mph) A 5 C O 40 or fess 100 :oo 100 100 45 350 350 3S0 110 SO SPO 500 500 750 55 or grraJet 2640 1640 (000 500 • (See Shen 1 Notes) (See Sheet 1 Notes) A s.npl5 Dogger nay S.muhancousty O0trJfP two AFAD (Method 1) Or nae OO.v are a .s,rlylr AFAD on 0nr end ol,rhe Iamporary traffic control )411...011. bene rhe 11aggpr at lho.oppom le 100 01 ria loon., an. 1ra5110 eonfr01 7049 1■01h00 2).l -all l0pr (0MPfollowing r0.dlleonS are 4115505. a. rhe 11a9ge, nos nn un00sI/u(le0 vow of the AFAD(S). 0. the trigger has an 004 5trutted,vlew 01 apply.Khirp 1,4,1., in Doth due,tlunf. 00(0 t. for Method 1 Che AFAOs are lefi than 800 It Apart. For Method 2, the 4140 aro the (tagger are leas limn 800 It apart: d Ensure two Irain00 flappers are available on -mile 10 provide normal Ongoing operJbons 5h10,ad an AFAD malt ones i00. EAST REVISION 07/01/10 01 DESCRIPTION) 2015 DESIGN STANDARDS TWO-LANE, TWO-WAY, WORK WIITHHN THE TRAVEL WAY (NDEA NO. 603 SHEET NO 2 of 2 Burl er Spare See table 50 250' th DISTANCE BETWEEN SIGNS Speed 59.7'09 (I .7 (mph) A 8 C 0 40 or less 200 200 200 100 45 350 350 350 175 50 500 500 500 150 55 or greeter 2600 1640 1000 500 The ROAD WORK 1 11I15 sign ad? 0e used a! On alternate to the ROAD WORK AHEAD sten. •• 500 beyond Nye ROAD WORK AHEAD s,9n o, mtd14y between 51900 wm(never .1 ItOS. ••• OE PREPARED 10 5700 stun rarer 1St Omdted rot speeds of 45 NPN or less. SYMBOLS ® wort Area ii 5,5n W,10 ir r 180 (Hun.) Orange Flag Ano Type B Lipr ■ Cnannehrmg Devr(e (See ,doe. No. 60(.11 ft Wort Zone Sign (ranger —1114,410,n41.70Ptag9er 455,atan(0 5e5r1e0 (4)'407. WHh G410 t=:. Lane Identification ♦ 0,r0hon of Trall,1 • 9. //7//711% Io 0 Areaa / • ////� Device 5panng-Ienge01 ■ 4] 4] 500 m Sat (45117 1 Dente 5pat.ng-taper See Tarda 1 TABLE I DEVICE SPACING Speed (mph? Max. 04t0nre 80tween DINKEL fled Cones or Tu)War Markers Type 1 Or Type II Barticwe! or Vertical Pana. o Drums Taper Tangent Taper Tangent 25 to 25 70 30 20 30 50 to 70 20 50 70 100 GENERAL NOTES 1. wort Operl, Ions that 51 (OM,nad to one leai(rc_la0, )(2,1,9 the Oppo0ile Ism Open ID 1141th. 2. Addrtr00al 011C -Way rOn(r01 mar be effected by the lollmr.ng wens: L Flaq•urry.ng vehicle' 2. Official servile: J, Pilot 4,4,17144, 4. Tralfn mgnarh. whet, 1145917.') 4117 rot sole means of one-way (enrol. IRe llaggerD shell be .n stele of each other or 1n 01(e(f (OnmWarCatr0n at ell Ume5. 3. The ONE -LANE ROAD 5,Ons aro to be fully c0rc70O and 111( PtAG5ER stens (other removed or 1911y covered when no wort Is heirs. perl0lmo0.a110 Ina n:ghway is open to two -war rrallrt. 4. When a side toad inte7501)1 the highway w,lhin One 779. Zone, 490)110+01 77C Howes 50.711 be placed in accordance wars other.pptir.Nrle TCZ ln4ClOS. 5. The two charmeriz.ng Oences dr,'e(tly in front of the work area 01M /ht 1),N chanorthr.ng 9Cyrre dirently at the M0 07 tn0 work area may oa Omrfte0 provrdea .10111171 to Ma wort area have I11g11•Imeoslfy rearing. ftashirlg, oscrllatrng, or strobe Ilglus Operating. 6. for Temporary Ra,se0 Rumble Stops. general ICI requirements 400 .0611.0051 +nlormatrnn. refer t0 ln470 N0.'600. END 8040 WORN DURATION NOTES 1. 0040 WORK AHEAD ow* the He PREPARED TO STOP 5.905 may b( 0=1/co .l all at the 101704•1n9 c000171Ons are met: a. Wolk opera:tens ate 60 honufes OI Ins, D Speed limf( ti 45 mph or 1455 ✓ NO sight 005,4.41:0ns to re0ICleS Ipproetning the wo.K Brea lar a 0•stance *qua, to the puller Spate. 0. VelatIes.,n the work art•A•ha5C nigh..nte0slty, rota f tag. 11ast6nq. osullating. or strobe lights operating. t. Vofume and complet,ly Gr'(0e roadway -has been Cnnrrdered, BUFFER SPACE Speed (mph! Olst. Ilt.) 2S 155 30 200 35 250 a0 3115 45 360 50 425 55 495 60 370 65 (.45 70 730 When Bulla, 'Spate cannot be alla.ned 00010 9eolnetr,7 fonStrarnts.11N gl'ealbst af(arnable length shall be used. but not rasa than 200 fl. CONDITIONS LVHERE ANY VEHICLE. (01)10001(7 1ORKE05 01? THEIR ACTIVITIES ENCROACH THE AREA BETWEEN THE CENTERLINE AND A LINE 2' OUTSIDE THE EDGE 0f 'TRAVEL WAY LA57 REVISION 07/01/14 4 K OESCWPI ION: 2015 . — DESIGN STANDARDS TWO-LANE, TWO-WAY, WORK WITHIN THE. TRAVEL. WAY 141008 NO. 603 5HEET rect 1 of 2 b u - a � d SP\ SYMBOLS 700 E 101,0 P01K 11 • 10 ▪ 14END 9900 WORK UNSIGNALIZED i SIGNALIZED GENERAL NOTES ® V 0k AO ea 1.'TI FLAC0ER re9e,d sign may Oe substituted 101 the sco100? sign 2. When vehicles in a parnel9 Tom! 01001 the Ione or slgl0 to TCZ signs. the signs shall be post =unreel end located rn accoidaswe wdh•tnde. No 17307 Sign With 1r r Ia- (Mm./ Orange Pao And Type 8 tight • ehannehcrnq 0on4ce (See Index No 6001 01 Work Zone Sion • ,,agger r Stop 040 ria Lane ldemrlication r Olretlio.l of Traffic 3. I! the work space extends ecr0ss a crosswalk. the crosswalk should be closed using rhe mrormerlon rn Index No. 660. 4. f/aggers shall b0 (Orated where llley Carl (011101, n.ore Men One drrerrron of 1, at is. naggers 5040 be rn sight of each Olney or in Duet* ronenumrafien al all 11mea, 5. Neunum sParmg DeMeen C!Mrwbrfinne'drwrres anal be 001 glean, than 10 6. Temporary 5.9041 phasing modifitalr0rrs ere 10 Oe approved 0y Ink 00a1l4(1 lrafpr Oleratrons Engineer pont 10 the 0e9fmmn9'ol wort. 7 For Temporary Rpracd Rumble 5(1,0,. genera! TCZ requirements and 00di00031 rolormatron, refer ro index No 600 DURATION NOTES 7. A0A0 WORK, MCAD AND END ROAD WORK sign nlay oe Pealed it art 01 the lollawrng conditions err net: s Wok opesatlons ale 60 minutes o1 less 0. Speed is 45 mph or less. 0 110 sight obstructions to vehicles appr0arhmg the .0001 01'00 Ion a distance equal to A 5105 6. 0. VOnrr005 In roe work area have high -Intensify r'otaring. llsening. nerlllaling, or strobe fights nporatln9. e. 00110118 and ecenple.rityof , 11)0 io0dway has been (0n910efed DISTANCE BETWEEN" SIGNS Speed SPacmg (11.1 A 6 40 mph or less 100 200 45 mnh 350 350 CONDITIONS WHERE ANY VEHICLE. EOUIPMENT WORKERS OR THEIR ACTIVITIES ENCROACH ON THE PAVEMENT REOU)AfNG THE CLOSURE OF A PORTION OP ONE OR MOPE TRAFFIC LANES"fN AN INTERSECTION. LAST REVISION 07/07/14 0 DESCRIPTION: 2015 FDOT DESIGN STANDARDS" TWO-LANE,. TWO-WAY, WORK IN INTERS ECTIION INDEX •NO. 604 SHEET NO. loft b a Median -- r=> SPEED tilg FINES Oouo&CD nMR .017.184 030/3697 DISTANCE BETWEEN SIGNS 590.4 Spacing (It.l A 0 Type 1 or Type 11 40 mph or fess 200 200 45 mph 350 350 50 0.03. or °reale, 500 500 • 500 beyond the ROAD WORK AHEAD sign 07 midway between Signs whichever is less. SYMBOLS ®,r Work Are4 Sig„ With 18' r 13.' (Non) Uren5e flag And Type 8 Light • COanneHdng Device (See lodes No. 6001 Ll' Wort Zone Ston ry lane IdcnrdiraS,0n a Direction al Tialftr Table '1 Device Spacing Max. Distance selween Deices (It.l Speen Cones or Type 1 or Type 11 Irwp61 , T000/ar Martens Herrlcadta or Vertical Panels or Drums 10.061 Taper Tangent Taper Tangent 25 25 50 25 50 30 30 45 25 50 30 50' 50 co PO 25 50 50 100 GENERAL NOTES 1 13 the wort operation -encroaches on car through traffic lanes or ween lour or Mere wore VNus(es eller the thrOUgn ti'41/IL lane5.rn a One barn per'i0d (erc/ude09 rat.ol/sning dad terminating the wart tired). a 1L,g9er 000/3 raw provided and a FLA0GER sign shall be subsnlulcd for the WORKERS sign, The flagged- shall be pasitorwd M the 001N Of vehicle entry Or departure from the wart 'area 2. 17ns ICI plan arse applies to wort performed w1 HH median neve Heart . Out 1e51 than 15' from Inc edge or (rave/way. 3. When wort is being performed on a multilane undivided rawness the si9n0 normally mounted in the ,median (as Nwwnl shall be omrDed, 4, WORKERS Steno to he removed or lolly lettered wren n0 wort .s wing performed. 5. SHOULDER WORK >rgn may be used 41 an Wterntee to the WORKER symbol 4190. 9. Whim ti side road intersects the highway rvithr0 the TTC lone additional TTC devices lead be placed in 5Ctnrdar10 with other applicable TCZ Induces. 7 For 9enev n) TCZ regulrenrrnt> 4,01 Wditionat 1nfo,maliun, refer to trade. No. 600. DURATION NOTES 1. Signs and channeliring devices maybe omrttett 1I all of IM following L0000,003 Me Met: n. Wail operations ere 60 minutes or 105.0. 0. Vehicles In the wort area,6ave high-e11tenSItV, /0tatin9. Hashing. 056)5afulg. or. strobe lights operating, Table 11 Taper Length - Shoulder 9,,9 ((6.l Sped NC1eS 8' 50' 12' 10.061 Shier 51Hdr SMdr 25 28 35 42 30 40 50 60 WS' 35 . 55 68 81 60 40 72 90 107 45 120 150 180 50 133 .167 200. 55 147 183 720 60 160 200 240 La WS 65 173 lel 260 70 707 233 280 1f men MUM Shoulder width. Ir5L -Len fn O/ shoulder raper ,n feet W - Witt h 01 1013) sho,lder in leer ((Omlbined paved and tnp0e(l width) 5 - Posted speed Unfit (mph) CONDITIONS WHERE ANY VEHICLE, EOUIPN£NT, WORKERS OR THEIR ACTIVITIES ENCROACH THE AREA CLOSER. THAN iS 8U5 NOT CLOSER 0101N Y TO THE EDGE Of TRAVEL WAY LAST REVISION 07/01/07 O 3, 3, DESCRIP710N: 2015 F� DESIGN STANDARDS MULTIILANE, WORK ON SHOULDER INDEX NO. 612 SHEET NO. 1 of 1 a a a a 0 ROAD WORK AHEAD r Median -I 03 05 White Reflector sre0 P50at550 Nark,nps Wort Arca 01 0 • ///////// B C Taber LengthnL Buller Space See Table 11 Sec Table 11 01 b CP SPEEDING FINES DOUBLED WHEN WORKERS PRESENT 1 RIGHT LANE CLOSED AHEAD DISTANCE BETWEEN SIGNS Speed Sp.(n0 (Tn.) Speed A 8 C 40 mph to less 200 200 200 45 mph 350 350 350 50 mot 500 500 500 '55 mph nr dream 2640 1640 1000 • Thu ROAD WORK ) M LE sign may 00 used as an alternate to the ROAD WORK AHEAD sign and the R1OHI LANE CLOSED Vr NILE Sign may be used as an alternate to the RIGHT LANE CLOSED AHEAD s1gn, •• 50D beyond the ROAD w0150 AHEAD sign nr midway between signs whichever ,5 less. SYMBOLS ® Wort Area sr.a 5100 With !Ws 18' (Min.! (V) Orange ring And Type B Light ChannoHzing Device (See Inde. 140.•6001 01 Work Zone Sign abe Advance Warning Arrow Ro0rd Device Spacing Taper .Drwre Snacr d. We See TaoIe 1 See Table 1 GENERAL NOTES 1 Wnrk operations shalt be confined to one trot tic tone. le.wing the adfaceo tone open to traffic, 2. On uod.vrded.highweys the median signs 45 shown are 10 De 0505( 0, 3. When work is per(0rtned in the median tore on divided highways, the channel/zing, device Wan is inverted and lett 5200 closed and lane ends signs substituted far the right lane Closed and lane end signs. The seine 4005,00 50 un5ivioe0 hignwars with the following evcaprtons• a. Work Shall be confined wlthrn one Medial lane. U. Additional barricades, cones, or drums shall be 914(00 along the centerlme•a0Vif/ng the work area 4550 across 1152 114016g end or the *Oil pled. When work On undivided highways Occurs acros0 the centerline FO as 10 90tr0Mh On blah median lanes. the (m0rted plan ms applied to the approorh of both roadways. a, Signs and 5,011.0 control devices me to be modelled in 5,500,40000 with INTERMITTENT WORK STOPPAGE befalls (sheet 2 or 2) nine," 00 wort a beteg 9Orlo105955 and I°5, hng0wey rS each' 50 555,51(7. 5. The 100 rhenn0htrnq device3 d,rec1ty in tronr or the wort arca may be 0.577(.0 provided vehicles In the wort area have hg11 137405.5l rotating. hashing. oscillating, or strobe lights operating. 6. W5en paved shoulders having 4 w1dt1 or a It. or more are closest. channetier g devices 3141( be used le close the shoulder m advOOCe Or the mor ging 14905 10 direct vehicular troll., IO remain within the greyer way. See Inter No, 612 for shoulder (aper IOrmu5as. 7 199e0 a side road I Murse4t5 the highway within the 7TC sone. additional ITC devices shag be placed in 20(Or0ance with other 495551(0519 772 /509009 8. 70,0 TCZ Wan does nor apply when work is bring performed in Hle middle lands) el a sir or more lane highway See Miler No. 614. 9. For general TCI reOWrenlents and addd.o0al ,MOrnrefion. fele, to 1169. 550. 600. 100 Table 11 Buffer Space and Taper Length Table I Device Spacing Mea. Distance Between Devices 10.) Bullar Speed Cones or Type 1 Or Type 11 (mph) Tubular Markers BNrlcadr5 or Varticol L Notes Panels or Drums (It.) Taper Tangen( Taper Tangent 25 25 50- 75 50 30 to 43 25 50 30 50 50 t° TO 25 50 50 100 Table 11 Buffer Space and Taper Length Bullar Taper Length 02 .1.441K45 5pwwa Space Tra0000n) lmpll) Dist. L Notes Ill.) (It.) (Merge) 25 155 125 .30 200 180L WS• ' 35 750 245 . 40 305 320 05 360 540 50 425 600 55 405 660 60 570 720 L - WS 65 643 160 70 730 1140 W0en Butler space cannot be attained Due f0 geometric constraints, toe greatest atrainable'leregth shall be used. but not less than 200 1t. For lateral transitions other than 17 use Where: w Lerpfn of taper en, feel W = Width of la/0,44 transition in reel 5 = Posta sliced limit 101951 DURATION NOTES 7. Tempol'ary whirs 069ohne owe be omitted for w0Y0 0per010,15 (000 than 3 consecutive colander days. 2. For work operations up to approrinra(Ny 15 minutes, signs, c5annelrzfng atones. arrow Ward, and bolter space maybe omitted if all of the f01(0wHp .ondilr°ns are met: a. 5pe44 limit is 45 mph or less. b No 51001 000)/0(110ns 10 x05(0(05 approaching the wort area lot a 0)5(4000 covet to the bull el spa'! a,6 550 taper length combined. c. 0011eme and comp/catty of the roadway has been considered d. The 003e0 lane i3 4440,44 bre (tats 5 or target, medrur,.0urr truck(s) with a munrmum gross weight vehicle rating (WVR) or 16.001 10 1011 Inn -61146404 rolamg, rleshing, oscdl0,ng, or strobe lights 0OUMe8 above 144 coo °eight arra operating. 3. For wort 09emat(Ons 09,50 60 minutes. at row board one bolter space nler,be 0mnle0 if conditions a. o. and r rn DURATION NOTE 2 Are me(. and 700,0105 In the work area crave nigh-rrdensdr. rotatmq. Hasninq, est -Mating. 01 strobe IigMs Operating CONDITIONS WHERE ANY VEHICLE, EOU1PMENT WORKERS On TMEIR,ACrIV!TIES ENCROACH ON THE LANE ADJACENT TO EITHER SHOULDER AND THE AREA 2' OUTSIDE THE EDGE OF TRAVEL WAY LAST REVISION 07/01/09 D DESCRIPTION: 2015 FiCT� DESIGN STANDARDS MULTILANE, WORK WITHIN TRAVEL WAY MEDIAN OR OUTSIDE LANE INDEX NO. 613 SHEET NO. '1 of 2 03 Arrow Boartri ODer.rion OistorQinuea And Arrow Board Shall Be Removed Or RthKar.d Outsede The Clew lane 0r Be Shielded By A Barrer Or Crash Cusheon 03 113 rMedian J W b SPEEDING FINES DOUBLED WHEN WORKERS PRESENT 0' EVEN PAVEMENT L and Buller Space 1 ;77/7/77 WO,. ?/7/77 Wars Area 0 Are. Twmpw.rrr Rcaaooed TO Tragic Tem, rury Pavement Marlin•r Placed Tnrouon Work Area And Devotes Rel.csred Laterally 7 TO d' Oulsid. 000e Or Travel Wdy b SOO ca 0' Arrow Board Operation Discontinued And Arrow Board Shall 0,•Rtmoved Or Relocated Outside. The Clea IoM Or 8. Shielded By A 8arr,vr 00 Crafty Cushion 0' @ 0' b V A C L and Butler SpiKe SPEEDING FINES DOUBLED WHEN WORKERS PRESENT HenOM Or Overlay Snlcid UNEVEN PAVEMENT L L�/ Wu�i,� Area T�T Area Temporarily b b 400 Reopened lo Tialric Temporary Pavement Marernps P1K00 rel 04/0 Work Arra And Devices Relocated Laterally T 70 0 Ours,Oe fad. 01 Travel Way INTERMITTENT WORK STOPPAGE - LANE REOPENED TO TRAFFIC f END ROAD 80RR LAST REVISION 07/01/05 OLSCRIP/10N.. ,r^ 2015 DESIGN STANDARDS MULTILANE, WORK WITHIN TRAVEL WAY MEDIAN OR OUTSIDE LANE INDEX NO. 613 SHEET NO. 2 of 2