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HomeMy WebLinkAbout2015-025BSTANDARD 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 1 02 Terminology . 7 ARTICLE 2 - PRELIMINARY MATTERS. 8 2.01 Delivery of Bonds . . ,8 2.02 Copies of Documents 8 2.03 Commencement of Contract Times, Notice to Proceed 8 2.04 Starting the Work 8 2.05 Before Starting Construction .... ..... 8 2.06 Preconstruction Conference ... ,9 2.07 Initial Acceptance of Schedules . 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE........... . ... 9 3 01 Intent - , 9 3 02 Reference Standards . . 10 3.03 Reporting and Resolving Discrepancies 10 3 04 Amending and Supplementing Contract Documents ..... 10 3.05 Reuse of Documents .... .. .....10 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ... 11 4 01 Availability of Lands ....11 4 02 Subsurface and Physical Conditions ...... 11 4.03 Differing Subsurface or Physical Conditions 11 4 04 Underground Facilities ................. 12 4.05 Reference Points 13 4 06 Hazardous Environmental Condition at Site . .................. . 13 ARTICLE 5 - BONDS AND INSURANCE ................. 14 5.01 Performance, Payment, and Other Bonds. 14 5.02 Licensed Sureties and Insurers . .. 15 5.03 Certificates of Insurance . .. ... 15 5 04 CONTRACTOR's Liability Insurance............ 15 5.05 OWNER's Liability Insurance .......... ... . . 16 5 06 Property Insurance 16 5.07 Waiver of Rights. .. .. 17 5 08 Receipt and Application of Insurance Proceeds 18 5.09 Acceptance of Bonds and Insurance; Option to Replace 18 5 10 Partial Utilization, Acknowledgment of Property Insurer.. 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence.... . 6 02 Labor, Working Hours ....................... . 6 03 Services, Materials, and Equipment 6 04 Progress Schedule .. . 6 05 Substitutes and "Or -Equals"... . 6 06 Concerning Subcontractors, Suppliers and Others. 18 18 .19 19 19 .19 21 00700 - General Conditions REV 5-10-13.doc 00700 - 2 F -\Public Works\ENGINEERING DIVISION PROJECTS\0845B - Old Dixie Hwy Sidewalk (38th Ln - 45th St)\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5-10. 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 .. 23 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 Fumish 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 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK.. ...... . .. .......... ...32 11 01 Cost of the Work.. 32 00700 - General Conditions REV 5-10-13.doc 00700 - 3 F\Public Works\ENGINEERING DIVISION PROJECTS\0845B - Old Dixie Hwy Sidewalk (38th Ln - 45th St)Wdmim\bid documents\Master Contract Documents\00700 - General Conditions REV 5-10. 13.doc 11 02 Cash Allowances 11 03 Unit Price Work .34 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 Work37 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 . ........ . ..41 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 . ... . 16 01 Methods and Procedures. . 44 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.doc 00700 - 4 F.\Public Works\ENGINEERING DIVISION PROJECTS\0845B - Old Dixie Hwy Sidewalk (38th Ln - 45th St)\Admim\bid documents\Master Contract Documents\00700 - General Conditions REV 5-10- 13.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 Claim—A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other 1 01 Defined Terms relief with respect to the terms of the Contract. A demand for money or services by a third party is not a A. Wherever used in the Contract Documents Claim. and printed with initial or all capital letters, the terms listed below will have the meanings indicated which 11 Contract—The entire and integrated are applicable to both the singular and plural thereof written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract 1. Addenda—Written or graphic instruments supersedes prior negotiations, representations, or issued prior to the opening of Bids which clarify, agreements,whether written or oral. correct, or change the Bidding Requirements or the Contract Documents. 12. Contract Documents--The Contract Documents establish the rights and obligations of the 2. Agreement—The written instrument which parties and include the Agreement, Addenda (which is evidence of the agreement between OWNER and pertain to the Contract Documents), CONTRACTOR's CONTRACTOR covering the Work. Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 Application for Payment—The form Notice of Award) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed, the Bonds, these CONTRACTOR during the course of the Work in General Conditions, the Supplementary Conditions, requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents. with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's 4 Asbestos—Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement. Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract tional Safety and Health Administration Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files 5 Bid--The offer or proposal of a bidder in electronic media format of text, data, graphics, and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed CONTRACTOR are not Contract Documents. 6. Bidding Documents—The Bidding 13. Contract Price—The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the (including all Addenda issued prior to receipt of Bids). Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of 7. Bidding Requirements—The paragraph 11.03 in the case of Unit Price Work). Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form 14 Contract Times—The number of days or with any supplements. the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so 8. Bonds—Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security ENGINEER's written recommendation of final pay- ment. 9. Change Order—A document recommend- ed by ENGINEER which is signed by CONTRACTOR 15. CONTRACTOR—The individual or entity and OWNER and authorizes an addition, deletion, or with whom OWNER has entered into the Agreement. revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the 16 Cost of the Work—See paragraph 11 01.A Effective Date of the Agreement. for definition 00700-General Conditions REV 5-10-13.doc 00700-5 F-\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Huy Sidewalk(38th Ln-45th St)\Admim\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10- 13.doc 17 Drawings—That part of the Contract 27 Milestone—A principal event specified in Documents prepared or approved by ENGINEER the Contract Documents relating to an intermediate which graphically shows the scope, extent, and completion date or time prior to Substantial Comple- character of the Work to be performed by tion of all the Work. CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so 28 Notice of Award—The written notice by defined. OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful 18 Effective Date of the Agreement—The bidder with the conditions precedent listed therein, date indicated in the Agreement on which it becomes OWNER will sign and deliver the Agreement. effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered 29 Notice to Proceed—A written notice given by the last of the two parties to sign and deliver by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and 19. ENGINEER—The individual or entity on which CONTRACTOR shall start to perform the named as such in the Agreement. Work under the Contract Documents. 30. OWNER—The individual, entity, public entity having a contract with ENGINEErnish body, or authority with whom CONTRACTOR has services as ENGINEER's in en professional entered into the Agreement and for whom the Work is associate or consul respect to the Project and to be performed. who is led as such in the Supplementary 31 Partial Utilization—Use by OWNER of a substantially completed part of the Work for the pur- 21. Field Order—A written order issued by pose for which it is intended (or a related purpose) ENGINEER which requires minor changes in the prior to Substantial Completion of all the Work. Work but which does not involve a change in the Contract Price or the Contract Times. 32. PCBs--Polychlorinated biphenyls. 22. General Requirements—Sections of 33. Petroleum—Petroleum, including crude oil Division 1 of the Specifications. The General or any fraction thereof which is liquid at standard Requirements pertain to all sections of the Specifica- conditions of temperature and pressure (60 degrees tions. Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil 23 Hazardous Environmental Condition—The refuse, gasoline, kerosene, and oil mixed with other presence at the Site of Asbestos, PCBs, Petroleum, non-Hazardous Waste and crude oils. Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a 34 Project—The total construction of which substantial danger to persons or property exposed the Work to be performed under the Contract thereto in connection with the Work. Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents 24. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 35 Project Manual—The bound documentary 1004 of the Solid Waste Disposal Act (42 USC information prepared for bidding and constructing the Section 6903)as amended from time to time. Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is 25 Laws and Regulations, Laws or Regulat- contained in the table(s)of contents ions—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- 36 Radioactive Material—Source, special mental bodies, agencies, authorities, and courts nuclear, or byproduct material as defined by the having jurisdiction. Atomic Energy Act of 1954 (42 USC Section 2011 et seq )as amended from time to time. 26 Liens—Charges, security interests, or encumbrances upon Project funds, real property, or 37. Resident Project Representative--The personal property 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-Tublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc 38 Samples—Physical examples of steam, liquid petroleum products, telephone or other materials, equipment, or workmanship that are communications, cable television, water, wastewater, representative of some portion of the Work and which storm water, other liquids or chemicals, or traffic or establish the standards by which such portion of the other control systems. Work will be judged. 47. Unit Price Work—Work to be paid for on 39 Shop Drawings—All drawings, diagrams, the basis of unit prices. illustrations, schedules, and other data or information which are specifically prepared or assembled by or for 48 Work—The entire completed construction CONTRACTOR and submitted by CONTRACTOR to or the various separately identifiable parts thereof re- illustrate some portion of the Work. quired to be provided under the Contract Documents. Work includes and is the result of performing or 40 Site—Lands or areas indicated in the providing all labor, services, and documentation Contract Documents as being furnished by OWNER necessary to produce such construction, and upon which the Work is to be performed, including furnishing, installing, and incorporating all materials rights-of-way and easements for access thereto, and and equipment into such construction, all as required such other lands furnished by OWNER which are by the Contract Documents. designated for the use of CONTRACTOR. 49. Work Change Directive—A written 41 Specifications—That part of the Contract statement to CONTRACTOR issued on or after the Documents consisting of written technical descriptions Effective Date of the Agreement and signed by of materials, equipment, systems, standards, and OWNER and recommended by ENGINEER ordering workmanship as applied to the Work and certain an addition, deletion, or revision in the Work, or administrative details applicable thereto responding to differing or unforeseen subsurface or physical conditions under which the Work is to be 42. Subcontractor—An individual or entity performed or to emergencies. A Work Change having a direct contract with CONTRACTOR or with Directive will not change the Contract Price or the any other Subcontractor for the performance of a part Contract Times but is evidence that the parties expect of the Work at the Site. that the change ordered or documented by a Work Change Directive will be incorporated in a subse- 43 Substantial Completion—The time at quently issued Change Order following negotiations by which the Work (or a specified part thereof) has the parties as to its effect, if any, on the Contract Price progressed to the point where, in the opinion of or Contract Times. ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract 50. Written Amendment—A written statement Documents, so that the Work (or a specified part modifying the Contract Documents, signed by thereof) can be utilized for the purposes for which it is OWNER and CONTRACTOR on or after the Effective intended The terms "substantially complete" and Date of the Agreement and normally dealing with the "substantially completed"as applied to all or part of the nonengineering or nontechnical rather than strictly Work refer to Substantial Completion thereof. construction-related aspects of the Contract Docu- ments 44 Supplementary Conditions—That part of the Contract Documents which amends or 102 Terminology supplements these General Conditions. A. Intent of Certain Terms or Adjectives 45 Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a 1. Whenever in the Contract Documents the direct contract with CONTRACTOR or with any terms "as allowed," "as approved," or terms of like Subcontractor to furnish materials or equipment to be effect or import are used, or the adjectives incorporated in the Work by CONTRACTOR or any "reasonable," "suitable," "acceptable," "proper," Subcontractor "satisfactory," or adjectives of like effect or import are used to describe an action or determination of 46 Underground Facilities—All underground ENGINEER as to the Work, it is intended that such pipelines, conduits, ducts, cables, wires, manholes, action or determination will be solely to evaluate, in vaults, tanks, tunnels, or other such facilities or general, the completed Work for compliance with attachments, and any encasements containing such the requirements of and information in the Contract facilities, including those that convey electricity, gases, Documents and conformance with the design 00700-General Conditions REV 5-10-13.doc 00700-7 F-\Public Works\ENGINEERING DNISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)VAdmimlbid documentsWlaster Contract Documents100700-General Conditions REV 5-10-13.doc concept of the completed Project as a functioning 4. When "furnish," "install," "perform," or whole as shown or indicated in the Contract "provide" is not used in connection with services, Documents (unless there is a specific statement materials, or equipment in a context clearly indicating otherwise) The use of any such term or requiring an obligation of CONTRACTOR, adjective shall not be effective to assign to ENGI- "provide" is implied NEER any duty or authority to supervise or direct the performance of the Work or any duty or E. Unless stated otherwise in the Contract Docu- authority to undertake responsibility contrary to the ments, words or phrases which have a well-known provisions of paragraph 9.10 or any other provision technical or construction industry or trade meaning are of the Contract Documents. used in the Contract Documents in accordance with such recognized meaning. B Day 1 The word "day" shall constitute a ARTICLE 2 - PRELIMINARY MATTERS calendar day of 24 hours measured from midnight to the next midnight. 201 Delivery of Bonds C Defective A. When CONTRACTOR delivers the executed 1 The word "defective,"when modifying Agreements to OWNER, CONTRACTOR shall also the word "Work," refers to Work that is deliver to OWNER such Bonds as CONTRACTOR unsatisfactory, faulty, or deficient in that it does may be required to furnish. not conform to the Contract Documents or does not meet the requirements of any inspection, 2.02 Copies of Documents reference standard, test, or approval referred to in the Contract Documents, or has been A. OWNER shall furnish to CONTRACTOR up damaged prior to ENGINEER's recom- to ten copies of the Contract Documents. Additional mendation of final payment (unless responsi- copies will be furnished upon request at the cost of bility for the protection thereof has been reproduction. assumed by OWNER at Substantial Completion in accordance with paragraph 2.03 Commencement of Contract Times; Notice 14.04 or 14.05) to Proceed D. Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- 1. Thp wnrd 41JFRish," when used„ ment or, if a Notice to Proceed is given, on the day oennestien with seafiGes, materials, of indicated in the Notice to Proceed. A Notice to Pro- ega+p a it, shall Fnean tOsdpply-and deli:ef teed may be given at any time within 30 days after the Sairl cen,inee materialnt to 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 senditien: thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2. The—werd"install," whea�sed ' ser^esti r—i.yeth -searices, rriater;als, 9f 2.04 Starting the Work eni i mr�;• shall moan to put int^ use or p1aG in`t final pesitiOR said rewiGes, materials—or A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- use. mence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to 3. T�-ie—weFds"per#9FFR"—er "pFevide;-" run when used iFl seanestieA with --- 2 2.05 Before Starting Construction an install said services, Fnaterials, or GGFnplete and ready for A. CONTRACTOR's Review of Contract Docu- use. 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\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)V\dmim\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc Contract Documents and check and verify pertinent working uRdeFStanding ameng the paFties as to the figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or and- etheF submittals AppliGations discrepancy which CONTRACTOR may discover and . shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected 2.07 Initial Acceptance of Schedules thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any A. Unless otherwise provided in the Contract conflict, error, ambiguity, or discrepancy in the Documents, at least ten days before submission of the Contract Documents unless CONTRACTOR knew or first Application for Payment a conference attended by reasonably should have known thereof. CONTRACTOR, ENGINEER, and others as appropri- ate will be held to review for acceptability to ENGI- B. Preliminary Schedules: Within ten days after NEER as provided below the schedules submitted in the Effective Date of the Agreement(unless otherwise accordance with paragraph 2.05.13. CONTRACTOR specified in the General Requirements), CONTRAC- shall have an additional ten days to make corrections TOR shall submit to ENGINEER for its timely review- and adjustments and to complete and resubmit the schedules. No progress payment shall be made to 1. a preliminary progress schedule CONTRACTOR until acceptable schedules are indicating the times (numbers of days or dates) submitted to ENGINEER. for starting and completing the various stages of the Work, including any Milestones specified 1 The progress schedule will be in the Contract Documents, acceptable to ENGINEER if it provides an orderly progression of the Work to completion 2. a preliminary schedule of Shop within any specified Milestones and the Drawing and Sample submittals which will list Contract Times. Such acceptance will not each required submittal and the times for sub- impose on ENGINEER responsibility for the mitting, reviewing, and processing such progress schedule, for sequencing, scheduling, submittal; and or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's 3. a preliminary schedule of values for full responsibility therefor. all of the Work which includes quantities and prices of items which when added together 2. CONTRACTOR's schedule of Shop equal the Contract Price and subdivides the Drawing and Sample submittals will be Work into component parts in sufficient detail to acceptable to ENGINEER if it provides a serve as the basis for progress payments workable arrangement for reviewing and during performance of the Work. Such prices processing the required submittals. will include an appropriate amount of overhead and profit applicable to each item of Work. 3 CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable the Site is 16taFted, G0NT-R_A.r__TQR and- OWNER shall allocation of the Contract Price to component each deliver to the—etheF •ith GGpies to eaGh parts of the Work. additional the Supplementa ARTICLE 3-CONTRACT DOCUMENTS. INTENT, AMENDING, REUSE 3.01 Intent AFtiGle 6. A. The Contract Documents are comple- 2.06 Preconstruction Conference mentary; what is called for by one is as binding as if called for by all. A. Withie 20 days after the Gen4ror4 Times stall o R-In., but be Fe any WGFk at the Site us staFted, a B. It is the intent of the Contract Documents to GORfeFeRGe attended by describe a functionally complete Project(or part there- and th s a annrep.iate will he held to establish a of) to be constructed in accordance with the Contract 00700-General Conditions REV 5-10.13.doc 00700-9 F-1Public WorksIENGINEERING DIVISION PROJECTS1084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmimlbid documents\Master Contract Documents\00700-General Conditions REV 5.10-13.doc Documents. Any labor, documentation, services, CONTRACTOR shall report it to ENGINEER in materials, or equipment that may reasonably be writing at once. CONTRACTOR shall not inferred from the Contract Documents or from proceed with the Work affected thereby(except prevailing custom or trade usage as being required to in an emergency as required by paragraph produce the intended result will be provided whether 6 16.A) until an amendment or supplement to or not specifically called for at no additional cost to the Contract Documents has been issued by OWNER. one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR C. Clarifications and interpretations of the shall not be liable to OWNER or ENGINEER for Contract Documents shall be issued by ENGINEER failure to report any such conflict, error, as provided in Article 9. ambiguity, or discrepancy unless CON- TRACTOR knew or reasonably should have 3.02 Reference Standards known thereof A. Standards, Specifications, Codes, Laws, and B. Resolving Discrepancies Regulations 1. Except as may be otherwise 1 Reference to standards, specifica- specifically stated in the Contract Documents, tions, manuals, or codes of any technical the provisions of the Contract Documents shall society, organization, or association, or to Laws take precedence in resolving any conflict, error, or Regulations, whether such reference be ambiguity, or discrepancy between the specific or by implication, shall mean the stan- provisions of the Contract Documents and- dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of a. the provisions of any standard, Bids (or on the Effective Date of the Agreement specification, manual, code, or instruction if there were no Bids), except as may be (whether or not specifically incorporated by otherwise specifically stated in the Contract reference in the Contract Documents); or Documents. b the provisions of any Laws or 2. No provision of any such standard, Regulations applicable to the performance specification, manual or code, or any instruction of the Work(unless such an interpretation of of a Supplier shall be effective to change the the provisions of the Contract Documents duties or responsibilities of OWNER, would result in violation of such Law or CONTRACTOR, or ENGINEER, or any of their Regulation). subcontractors, consultants, agents, or employ- ees from those set forth in the Contract 3.04 Amending and Supplementing Contract Documents, nor shall any such provision or Documents instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's A. The Contract Documents may be amended to Consultants, agents, or employees any duty or provide for additions, deletions, and revisions in the authority to supervise or direct the performance Work or to modify the terms and conditions thereof in of the Work or any duty or authority to one or more of the following ways. (i) a Written undertake responsibility inconsistent with the Amendment; (ii) a Change Order; or (iii) a Work provisions of the Contract Documents. Change Directive. 3.03 Reporting and Resolving Discrepancies B The requirements of the Contract Documents may be supplemented, and minor variations and A. Reporting Discrepancies deviations in the Work may be authorized, by one or more of the following ways. (i) a Field Order; (ii) 1. If, during the performance of the ENGINEER's approval of a Shop Drawing or Sample; Work, CONTRACTOR discovers any conflict, or (iii) ENGINEER's written interpretation or clarifi- error, ambiguity, or discrepancy within the Con- cation. tract Documents or between the Contract Documents and any provision of any Law or 305 Reuse of Documents Regulation applicable to the performance of the Work or of any standard, specification, manual A. CONTRACTOR and any Subcontractor or or code, or of any instruction of any Supplier, Supplier or other individual or entity performing or 00700-General Conditions REV 5-10-13.doc 00700- 10 P%Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc furnishing any of the Work under a direct or indirect A. Reports and Drawings: The Supplementary contract with OWNER. (i) shall not have or acquire Conditions identify- any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any 1 those reports of explorations and thereof) prepared by or bearing the seal of tests of subsurface conditions at or contiguous ENGINEER or ENGINEER's Consultant, including to the Site that ENGINEER has used in electronic media editions; and (ii) shall not reuse any preparing the Contract Documents, and of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any 2. those drawings of physical other project without written consent of OWNER and conditions in or relating to existing surface or ENGINEER and specific written verification or subsurface structures at or contiguous to the adaption by ENGINEER. This prohibition will survive Site (except Underground Facilities) that ENGI- final payment, completion, and acceptance of the NEER has used in preparing the Contract Work, or termination or completion of the Contract. Documents. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record B. Limited Reliance by CONTRACTOR on purposes. Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such ARTICLE 4 -AVAILABILITY OF LANDS, reports and drawings are not Contract Documents. SUBSURFACE AND PHYSICAL CONDITIONS; Such "technical data" is identified in the Supplementa- REFERENCE POINTS ry Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any 4 01 Availability of Lands of ENGINEER's Consultants with respect to: A. OWNER shall furnish the Site. OWNER shall 1. the completeness of such reports notify CONTRACTOR of any encumbrances or and drawings for CONTRACTOR's purposes, restrictions not of general application but specifically including, but not limited to, any aspects of the related to use of the Site with which CONTRACTOR means, methods, techniques, sequences, and must comply in performing the Work. OWNER will procedures of construction to be employed by obtain in a timely manner and pay for easements for CONTRACTOR, and safety precautions and permanent structures or permanent changes in programs incident thereto, or existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or 2. other data, interpretations, opinions, extent, if any, of any adjustment in the Contract Price and information contained in such reports or or Contract Times, or both, as a result of any delay in shown or indicated in such drawings, or OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 3. any CONTRACTOR interpretation of 1005. or conclusion drawn from any "technical data" or any such other data, interpretations, B Upon reasonable written request, OWNER opinions, or information. shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands 403 Differing Subsurface or Physical Conditions upon which the Work is to be performed and OWNER's interest therein as necessary for giving A. Notice- If CONTRACTOR believes that any notice of or filing a mechanic's or construction lien subsurface or physical condition at or contiguous to against such lands in accordance with applicable the Site that is uncovered or revealed either: Laws and Regulations. 1 is of such a nature as to establish C CONTRACTOR shall provide for all additional that any "technical data" on which CONTRAC- lands and access thereto that may be required for TOR is entitled to rely as provided in paragraph temporary construction facilities or storage of 4 02 is materially inaccurate, or materials and equipment. 2. is of such a nature as to require a 4 02 Subsurface and Physical Conditions change in the Contract Documents, or 00700-General Conditions REV 5-10-13.doc 00700- 11 F1Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)1Hdmim\bid documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc 3 differs materially from that shown or or becoming bound under a negotiated indicated in the Contract Documents, or contract; or 4 is of an unusual nature, and differs b the existence of such condition could materially from conditions ordinarily reasonably have been discovered or encountered and generally recognized as inher- revealed as a result of any examination, ent in work of the character provided for in the investigation, exploration, test, or study of Contract Documents, the Site and contiguous areas required by the Bidding Requirements or Contract then CONTRACTOR shall, promptly after becoming Documents to be conducted by or for CON- aware thereof and before further disturbing the TRACTOR prior to CONTRACTOR's subsurface or physical conditions or performing any making such final commitment; or Work in connection therewith (except in an emergency as required by paragraph 6 16.A), notify OWNER and c. CONTRACTOR failed to give the ENGINEER in writing about such condition written notice within the time and as re- CONTRACTOR shall not further disturb such quired by paragraph 4.03.A. condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do 3 If OWNER and CONTRACTOR are so. unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in B. ENGINEER's Review. After receipt of written the Contract Price or Contract Times, or both, a notice as required by paragraph 4 03.A, ENGINEER Claim may be made therefor as provided in will promptly review the pertinent condition, determine paragraph 10.05 However, OWNER, the necessity of OWNER's obtaining additional ENGINEER, and ENGINEER's Consultants exploration or tests with respect thereto, and advise shall not be liable to CONTRACTOR for any OWNER in writing (with a copy to CONTRACTOR) of claims, costs, losses, or damages (including ENGINEER's findings and conclusions. but not limited to all fees and charges of engineers, architects, attorneys, and other C. Possible Price and Times Adjustments professionals and all court or arbitration or other dispute resolution costs) sustained by 1 The Contract Price or the Contract CONTRACTOR on or in connection with any Times, or both, will be equitably adjusted to the other project or anticipated project. extent that the existence of such differing subsurface or physical condition causes an in- 4.04 Underground Facilities crease or decrease in CONTRACTOR's cost of, or time required for, performance of the A. Shown or Indicated.The information and data Work; subject, however, to the following: shown or indicated in the Contract Documents with respect to existing Underground Facilities at or a. such condition must meet any one or contiguous to the Site is based on information and more of the categories described in para- data furnished to OWNER or ENGINEER by the graph 4.03.A; and owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise b. with respect to Work that is paid for expressly provided in the Supplementary Conditions: on a Unit Price Basis, any adjustment in Contract Price will be subject to the 1 OWNER and ENGINEER shall not provisions of paragraphs 9 08 and 11.03 be responsible for the accuracy or com- pleteness of any such information or data, and 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or 2. the cost of all of the following will be Contract Times if- included in the Contract Price, and CONTRAC- TOR shall have full responsibility for a. CONTRACTOR knew of the existence of such conditions at the time a. reviewing and checking all such CONTRACTOR made a final commitment information and data, to OWNER in respect of Contract Price and Contract Times by the submission of a Bid 00700-General Conditions REV 5-10-13.doc 00700- 12 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vadmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc b. locating all Underground Facilities 4.05 Reference Points shown or indicated in the Contract Documents, A. OWNER shall provide engineering surveys to establish reference points for construction which in c. coordination of the Work with the ENGINEER's judgment are necessary to enable owners of such Underground Facilities, CONTRACTOR to proceed with the Work. CON- including OWNER, during construction, and TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established d the safety and protection of all such reference points and property monuments, and shall Underground Facilities and repairing any make no changes or relocations without the prior damage thereto resulting from the Work. written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or B Not Shown or Indicated property monument is lost or destroyed or requires relocation because of necessary changes in grades or 1 If an Underground Facility is locations, and shall be responsible for the accurate uncovered or revealed at or contiguous to the replacement or relocation of such reference points or Site which was not shown or indicated, or not property monuments by professionally qualified shown or indicated with reasonable accuracy in personnel. the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and 406 Hazardous Environmental Condition at Site before further disturbing conditions affected thereby or performing any Work in connection A. Reports and Drawings: Reference is made to therewith (except in an emergency as required the Supplementary Conditions for the identification of by paragraph 6.16.A), identify the owner of those reports and drawings relating to a Hazardous such Underground Facility and give written Environmental Condition identified at the Site, if any, notice to that owner and to OWNER and ENGI- that have been utilized by the ENGINEER in the NEER. ENGINEER will promptly review the preparation of the Contract Documents. Underground Facility and determine the extent, if any, to which a change is required in the B Limited Reliance by CONTRACTOR on Contract Documents to reflect and document Technical Data Authorized: CONTRACTOR may rely the consequences of the existence or location upon the general accuracy of the "technical data" of the Underground Facility During such time, contained in such reports and drawings, but such CONTRACTOR shall be responsible for the reports and drawings are not Contract Documents. safety and protection of such Underground Such "technical data" is identified in the Facility Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely 2. If ENGINEER concludes that a upon or make any Claim against OWNER, change in the Contract Documents is required, ENGINEER or any of ENGINEER's Consultants with a Work Change Directive or a Change Order respect to* will be issued to reflect and document such consequences. An equitable adjustment shall 1. the completeness of such reports be made in the Contract Price or Contract and drawings for CONTRACTOR's purposes, Times, or both, to the extent that they are including, but not limited to, any aspects of the attributable to the existence or location of any means, methods, techniques, sequences and Underground Facility that was not shown or procedures of construction to be employed by indicated or not shown or indicated with CONTRACTOR and safety precautions and reasonable accuracy in the Contract programs incident thereto; or Documents and that CONTRACTOR did not know of and could not reasonably have been 2. other data, interpretations, opinions expected to be aware of or to have anticipated. and information contained in such reports or If OWNER and CONTRACTOR are unable to shown or indicated in such drawings; or agree on entitlement to or on the amount or extent, if any, of any such adjustment in 3 any CONTRACTOR interpretation of Contract Price or Contract Times, OWNER or or conclusion drawn from any "technical data" CONTRACTOR may make a Claim therefor as or any such other data, interpretations, opinions provided in paragraph 10 05. or information. 00700-General Conditions REV 5-10-13.doc 00700- 13 F:1Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)tHdmim\bid documentsWaster Contract Documentst00700-General Conditions REV 5-10-13.doc C. CONTRACTOR shall not be responsible for performed by OWNER's own forces or others in any Hazardous Environmental Condition uncovered or accordance with Article 7 revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the G. To the fullest extent permitted by Laws and Contract Documents to be within the scope of the Regulations, OWNER shall indemnify and hold Work. CONTRACTOR shall be responsible for a harmless CONTRACTOR, Subcontractors, ENGI- Hazardous Environmental Condition created with any NEER, ENGINEER's Consultants and the officers, materials brought to the Site by CONTRACTOR, directors, partners, employees, agents, other Subcontractors, Suppliers, or anyone else for whom consultants, and subcontractors of each and any of CONTRACTOR is responsible. them from and against all claims, costs, losses, and damages (including but not limited to all fees and D If CONTRACTOR encounters a Hazardous charges of engineers, architects, attorneys, and other Environmental Condition or if CONTRACTOR or professionals and all court or arbitration or other anyone for whom CONTRACTOR is responsible dispute resolution costs) arising out of or relating to a creates a Hazardous Environmental Condition, Hazardous Environmental Condition, provided that CONTRACTOR shall immediately: (i) secure or such Hazardous Environmental Condition: (i) was not otherwise isolate such condition, (ii) stop all Work in shown or indicated in the Drawings or Specifications connection with such condition and in any area or identified in the Contract Documents to be included affected thereby (except in an emergency as required within the scope of the Work, and (ii) was not created by paragraph 6.16), and (iii) notify OWNER and ENGI- by CONTRACTOR or by anyone for whom NEER (and promptly thereafter confirm such notice in CONTRACTOR is responsible Nothing in this para- writing) OWNER shall promptly consult with graph 4.06.E shall obligate OWNER to indemnify any ENGINEER concerning the necessity for OWNER to individual or entity from and against the consequences retain a qualified expert to evaluate such condition or of that individual's or entity's own negligence. take corrective action, if any. H To the fullest extent permitted by Laws and E. CONTRACTOR shall not be required to Regulations, CONTRACTOR shall indemnify and hold resume Work in connection with such condition or in harmless OWNER, ENGINEER, ENGINEER's any affected area until after OWNER has obtained Consultants, and the officers, directors, partners, any required permits related thereto and delivered to employees, agents, other consultants, and CONTRACTOR written notice. (i) specifying that such subcontractors of each and any of them from and condition and any affected area is or has been against all claims, costs, losses, and damages rendered safe for the resumption of Work; or (ii) (including but not limited to all fees and charges of specifying any special conditions under which such engineers, architects, attorneys, and other Work may be resumed safely If OWNER and professionals and all court or arbitration or other CONTRACTOR cannot agree as to entitlement to or dispute resolution costs) arising out of or relating to a on the amount or extent, if any, of any adjustment in Hazardous Environmental Condition created by Contract Price or Contract Times, or both, as a result CONTRACTOR or by anyone for whom of such Work stoppage or such special conditions CONTRACTOR is responsible Nothing in this under which Work is agreed to be resumed by paragraph 4 06 F shall obligate CONTRACTOR to CONTRACTOR, either party may make a Claim indemnify any individual or entity from and against the therefor as provided in paragraph 10 05 consequences of that individual's or entity's own negli- gence. F If after receipt of such written notice CONTRACTOR does not agree to resume such Work I The provisions of paragraphs 4.02, 4.03, and based on a reasonable belief it is unsafe, or does not 4.04 are not intended to apply to a Hazardous agree to resume such Work under such special condi- Environmental Condition uncovered or revealed at the tions, then OWNER may order the portion of the Work Site. 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 ARTICLE 5 - BONDS AND INSURANCE 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 501 Performance, Payment, and Other Bonds Claim therefor as provided in paragraph 10 05. OWNER may have such deleted portion of the Work A. CONTRACTOR Shall fUFRiGh peFfbrmaRGe 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 PROJECTS10845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)V\dmim\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc ' -Rends, 11 Gh;; eMvirni-1rnrCHQlPt At IPAIEt Until rano year after +h_da+c when final r».,meRt tieGG11,o� ra„o 5.04 CONTRACTOR's Liability Insurance eXGept as pmvidetd AthePu 0 se by Laws or Regulation 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 B. All Bonds shall be in the form prescribed by out of or result from CONTRACTOR's performance of the Contract Documents except as provided otherwise the Work and CONTRACTOR's other obligations by Laws or Regulations, and shall be executed by under the Contract Documents, whether it is to be per- such sureties as are named in the current list of"Com- formed by CONTRACTOR, any Subcontractor or panies Holding Certificates of Authority as Acceptable Supplier, or by anyone directly or indirectly employed Sureties on Federal Bonds and as Acceptable by any of them to perform any of the Work, or by Reinsuring Companies" as published in Circular 570 anyone for whose acts any of them may be liable: (amended) by the Financial Management Service, Surety Bond Branch, U S. Department of the 1. claims under workers' compensation, Treasury All Bonds signed by an agent must be disability benefits, and other similar employee accompanied by a certified copy of such agent's benefit acts; authority to act. 2. claims for damages because of C If the surety on any Bond furnished by CON- bodily injury, occupational sickness or disease, TRACTOR is declared bankrupt or becomes insolvent or death of CONTRACTOR's employees; or its right to do business is terminated in any state where any part of the Project is located or it ceases to 3 claims for damages because of meet the requirements of paragraph 5.01 B, bodily injury, sickness or disease, or death of CONTRACTOR shall within 20 days thereafter any person other than CONTRACTOR's substitute another Bond and surety, both of which employees; shall comply with the requirements of paragraphs 5.01.13 and 5.02. 4. claims for damages insured by reasonably available personal injury liability 502 Licensed Sureties and Insurers coverage which are sustained* (i) by any person as a result of an offense directly or indirectly A. All Bonds and insurance required by the related to the employment of such person by Contract Documents to be purchased and maintained CONTRACTOR, or (ii) by any other person for by OWNER or CONTRACTOR shall be obtained from any other reason; surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is 5 claims for damages, other than to the located to issue Bonds or insurance policies for the Work itself, because of injury to or destruction limits and coverages so required Such surety and of tangible property wherever located, including insurance companies shall also meet such additional loss of use resulting therefrom, and requirements and qualifications as may be provided in the Supplementary Conditions. 6. claims for damages because of bodily injury or death of any person or property 5.03 Certificates of Insurance damage arising out of the ownership, mainte- nance or use of any motor vehicle. A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the B. The policies of insurance so required by this Supplementary Conditions, certificates of insurance paragraph 5 04 to be purchased and maintained shall: (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- 1. with respect to insurance required by TRACTOR is required to purchase and maintain. paragraphs 5 04.A.3 through 5 04.A.6 inclusive, include as additional insureds (subject to any to each additional ideRfiforl in the Supple- customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's 00700-General Conditions REV 5-10-13.doc 00700- 15 P\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(36th Ln-45th St)Wdmim\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc Consultants, and any other individuals or 5.05 OWNER's Liability Insurance entities identified in the Supplementary Condi- tions, all of whom shall be listed as additional insureds, and include coverage for the respec- provided by CONTRACTOR under par p 5.04, tive officers, directors, partners, employees, OWNER, at OW�optiony purchase and agents, and other consultants and maintain at OWNER's own liability subcontractors of each and any of all such insurance as against claims additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 506 Property Insurance 2. include at least the specific A. Unless Gthepwise provided in the Supple coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, intheameun+ of the full replaoemen+ nest +tier°^+ whichever is greater; (serest—W s" .—Qe ^+ih-'e an,n-_1„tsa s Fray--� 3. include completed operations by Laws and RegulatilDRS). ThisiRsurnP_e shall- insurance, 1 include the interests OWNER, 4. include contractual liability insurance , covering CONTRACTOR's indemnity €t Iron'€€R'sGenselta nts, and aRY otheF obligations under paragraphs 6.07, 6.11, and a1s sr ent,ties ideatifed in t#e 6.20; d+ti6ter6, pa,Ftners, emp!Gyees, agents, and 5. contain a provision or endorsement that the coverage afforded will not be canceled, and aRY of eaGh of whom is deemed t materially changed or renewal refused until at h_;; am insurable_r� i;tom:tand shall be listed as least thirty days prior written notice has been , given to OWNER and CONTRACTOR and to each other additional insured identified in the 2. be�Axri#en n-A a _Rlu;lder's Risk"all Fisk" 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 rary and materials and provide); equipment in buildings, and shall insure against a+ least the- following perils or oar ices of loss fire 60 remain in effect at least until final lightning, extended-wverage, theft vandalism payment and at all times thereafter when CON- and maliGiGUS MiGGhief, eaFthquake, GGIIap6e, TRACTOR may be correcting, removing, or replacing defective Work in accordance with ferser>�en+t Pf Lays ;;Pd Regulations water paragraph 13 07, and 1966 als may be speGifiGally FequiFed by the 7. with respect to completed operations 9upplemeRtaFy GGFlditien6, insurance, and any insurance coverage written on a claims-made basis, remain in effect for at 3. elude expenses in^l irrerl in the least two years after final payment (and CONTRACTOR shall furnish OWNER and not lernited- tn- fees and GhaFges of each other additional insured identified in the , Supplementary Conditions, to whom a certificate of insurance has been issued, 4. GeveF materia!6 and eq evidence satisfactory to OWNER and any suchestz-n�&t was additional insured of continuation of such insurance at final payment and one year A the Work, provided that SUGh thereafter) _I, and equipmeRt have been 00700-General Conditions REV 5-10-13.doc 00700- 16 F-\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc i by ll1T 5.07 Waiver of Rights A. C_AA.fNlF_=R .;;Ad QQNTR�4GTQR intend that all 7. be Fna4ntaffiRed iR a eeGt r Rtil final any meat is made Unless-r<hepwise-agreed to ill Will pFeteGt OWNER, GONTRACTOR, WFitiRg by and �UbGAntfaG�s, €NCIH€€R, €NG!Nl€€R's�:s�. ENGINEER with 30 days written nnti^e to eaGh tants, and ;;ll Pthpr individuals OF eRtities the Su QGRd*tmc)ns tG be listed a6 iRSUFeds incr rranre has been i gr red r roar yr roc��crs�ccn-rsJcn�. partners, employees,agents, and-other ^^nc 1+ losses and damanee nnr reed by the nerilc OF Gauses of the interests of QINN€R, GONTPACTOR, PFEM ORS to the effeGt that OR the event of payment G SubGontrasters, ENGINEER, €A'.GINEER'sroasul any less GF darnage the *n6uFeFs wall haVe RG FightS Of the SupplerrleRtaFy OWNER ;;Pd GONTPAGTOR i^s::r^blc ' deemed to have on interest and shall be waive all rights against each ether aadthei� G. All the-polisie6 Gf insuFaRGe land the ^ each andany of }hem far all lasses and damage Gates or other eyidenne thereeq rear rived to he nr rr M and, in addition, wail,-.mall ser__h r+ghts-agai rst Ghanged Gr Fene�.Agal refused until at least 30 days prioF SubGGRtraGtGF6, ENGINEER, €ISIGINIF€ as insureld.dc ar addifinadditional incr meds (and the nffr^er direGtGF6, paFtners, employees, agents, and other paragFaph 5.07-. D OWNER shall not be responsible for purchas- ing and maintaining any property insurance specified the rights that aRY paq making GUGh waiver Fnay have 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 issued. identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be €-1QWN€R wa;=:es all rights against borne by CONTRACTOR, Subcontractors, or others , suffering any such loss, and if any of them wishes €rah:'€FR's Go^s,a aRts, and the ^ffi^ers, diFe:mss; property insurance coverage within the limits of such partners, employees, agents,�nd t-;the.r r.porsultants amounts, each may purchase and maintain it at the - purchaser's own expense. I. Iess dFe to h,maness nterFuptien less of use, nr ether nnncenr ren}ial Ince evtendinn QWNER Ghal�,,,all if possible, ORGlede 6UGh insu,an TOR by apprGpriate Change Order c)F WFm#en 00700-General Conditions REV 5-10-13.doc 00700- 17 PkPublic Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmimlbid documentsWaster Contract Documents100700-General Conditions REV 5-10-13.doc 2. lessr� damage to the GOMpletedA. if effitheF p resulting from fire Pr n+her insured peril nr dens B of the ORds +n he er�rsurcrn6e Fernorad cause of less—severed by—aay--pfoperty 6r—pa`rftthereef by rli ring partial pursuant tG 4 05 ;;ftp tify the otheF arty iR WFmt*Rg within 10 days afte receipt e# the sertif tes (OF ether evidease 14.04, eF afteF fiRal payment puFsuant to requested) required by paFagFaph 2.Q5.G__. CANNER tion up respeGt of insura G. previded as the ether may-reasenably-request. I# ,.r ♦� les6, damage GF G /�� p ,,{ue either parfiy does nn+ pi irrhase nr maintain all of the re#erred to it�arenrnP��l7i-fi=r—OthJiser�tuin nrnvisinns to the effert that in the mien+ of payment of a-RY 6 U h 196s rl�nge nr nnnsem ien+ia1 1es6, +hc ♦fl surersi•ll have, nn rights of reroVepy against CONTIR-A.GTOR, SubGGRtraGtGF6, ENGINEER, c) any Change in the required leverage. Wi+mut 1=NCZlNIGCCYs Gensudtants arid- the nf'iirers dirertnrs partners, emp!eyees, agents, and ether r0onsultants and sYbG0RtFaGtGFS of eaGh and any of t nrntent si Gh n+her party's in+eves+s at the expense of 5.08 Receipt and Application of Insurance and o Change Order r0hall -,e issued- to ad-i,,6+ the Proceeds A. Any insured- less- under the—p0lrs6es—of 5.10 Partial Utilization, Acknowledgment of luiFed by paragFaph 5.06 well be ac�ustedd Property Insurer +h� NIFIR and made payable to OWNER as fidUmar y fpr the insureds, as-their—iRterests-;nT A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial mortgage Glause and of paragraph 5.08.13. OWNER Completion of all the Work as provided in paragraph shall deposit iR a separate aGGOunt any money 6o- 14.05, no such use or occupancy shall commence FeGeived and Shall it 6A _AGG_A_.Fd_a;nGe with SLIGh before the insurers providing the property insurance agreement as themes in interestmayTeaGh. if ne pursuant to paragraph 5 06 have acknowledged notice ether special agreement isFeahed, the aged thereof and in writing effected any changes in cover- age necessitated thereby The insurers providing the reGeived applied on aGGGlunt thereof, and the W9Fk 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 B. QWNER acs fid_1_1GiaFy shall have pewer to adjust and settle any Inns With the unless one ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES dav f+ �irr a of Ince to OWNER' ,s�er the escmrenc�-o,-����r.=, exerciseof ths Rpo�eF. If G �nh nhien+inn he made OWNER-as-fd"Uwsia^ry shall lke-settlement with=th 6.01 Supervision and Superintendence pp riles in i,^,terest-may Fearh If no s"rh agreement A. CONTRACTOR shall supervise, inspect, and amnpg the parties in interest is reached QVVNER as direct the Work competently and efficiently, devoting �„�T all acyl fist Rd s0pttle-the lnrr, ,.,i+h the such attention thereto and applying such skills and incl firers and if rens aired in WFitiR9 by an,y part„ in expertise as may be necessary to perform the Work in ;mere + OWNER as fid„riar,y hall give heed fpr the accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of 5.09 Acceptance of Bonds and Insurance; Option construction, but CONTRACTOR shall not be to Replace 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 DNISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th SQ\Admim\bid documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc means, method, technique, sequence, or procedure of satisfactory evidence (including reports of required construction which is shown or indicated in and tests) as to the source, kind, and quality of materials expressly required by the Contract Documents CON- and equipment. All materials and equipment shall be TRACTOR shall be responsible to see that the stored, applied, installed, connected, erected, completed Work complies accurately with the Contract protected, used, cleaned, and conditioned in Documents. accordance with instructions of the applicable Supplier, except as otherwise may be provided in the B At all times during the progress of the Work, Contract Documents. CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced 6.04 Progress Schedule without written notice to OWNER and ENGINEER except under extraordinary circumstances. The A. CONTRACTOR shall adhere to the progress superintendent will be CONTRACTOR's schedule established in accordance with paragraph representative at the Site and shall have authority to 2.07 as it may be adjusted from time to time as act on behalf of CONTRACTOR. All communications provided below. given to or received from the superintendent shall be binding on CONTRACTOR. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- 6 02 Labor, Working Hours cated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in A. CONTRACTOR shall provide competent, changing the Contract Times (or Milestones). suitably qualified personnel to survey, lay out, and Such adjustments will conform generally to the construct the Work as required by the Contract Docu- progress schedule then in effect and additional- ments. CONTRACTOR shall at all times maintain ly will comply with any provisions of the General good discipline and order at the Site. Requirements applicable thereto B Except as otherwise required for the safety or 2. Proposed adjustments in the protection of persons or the Work or property at the progress schedule that will change the Contract Site or adjacent thereto, and except as otherwise Times (or Milestones) shall be submitted in stated in the Contract Documents, all Work at the Site accordance with the requirements of Article 12. shall be performed during regular working hours, and Such adjustments may only be made by a CONTRACTOR will not permit overtime work or the Change Order or Written Amendment in accor- performance of Work on Saturday, Sunday, or any dance with Article 12. legal holiday without OWNER's written consent(which will not be unreasonably withheld) given after prior 6.05 Substitutes and "Or-Equals" written notice to ENGINEER. A. Whenever an item of material or equipment is specified or described in the Contract Documents by 603 Services, Materials, and Equipment using the name of a proprietary item or the name of a particular Supplier, the specification or description is A. Unless otherwise specified in the General Re- intended to establish the type, function, appearance, quirements, CONTRACTOR shall provide and and quality required. Unless the specification or assume full responsibility for all services, materials, description contains or is followed by words reading equipment, labor, transportation, construction that no like, equivalent, or "or-equal" item or no equipment and machinery, tools, appliances, fuel, substitution is permitted, other items of material or power, light, heat, telephone, water, sanitary facilities, equipment or material or equipment of other Suppliers temporary facilities, and all other facilities and may be submitted to ENGINEER for review under the incidentals necessary for the performance, testing, circumstances described below start-up, and completion of the Work. 1 "Or-Equal" Items. If in ENGINEER's B. All materials and equipment incorporated into sole discretion an item of material or equipment the Work shall be as specified or, if not specified, shall proposed by CONTRACTOR is functionally be of good quality and new, except as otherwise equal to that named and sufficiently similar so provided in the Contract Documents. All warranties that no change in related Work will be required, and guarantees specifically called for by the Specifica- it may be considered by ENGINEER as an tions shall expressly run to the benefit of OWNER. If "or-equal" item, in which case review and required by ENGINEER, CONTRACTOR shall furnish approval of the proposed item may, in 00700-General Conditions REV 5-10-13.doc 00700- 19 FAPublic Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\00700-General Conditions REV 510-13.doc ENGINEER's sole discretion, be accomplished perform adequately the functions and without compliance with some or all of the achieve the results called for by the general requirements for approval of proposed substi- design, be similar in substance to that tute items For the purposes of this paragraph specified, and be suited to the same use as 6 05.A.1, a proposed item of material or that specified. The application will state the equipment will be considered functionally equal extent, if any, to which the use of the pro- to an item so named if- posed substitute item will prejudice CONTRACTOR's achievement of Substan- a. in the exercise of reasonable tial Completion on time, whether or not use judgment ENGINEER determines that: (i) it of the proposed substitute item in the Work is at least equal in quality, durability, will require a change in any of the Contract appearance, strength, and design Documents (or in the provisions of any other characteristics, (ii) it will reliably perform at direct contract with OWNER for work on the least equally well the function imposed by Project) to adapt the design to the proposed the design concept of the completed Project substitute item and whether or not as a functioning whole, and; incorporation or use of the proposed substi- tute item in connection with the Work is sub- b. CONTRACTOR certifies that: (i) ject to payment of any license fee or royalty. there is no increase in cost to the OWNER, All variations of the proposed substitute and (ii) it will conform substantially, even item from that specified will be identified in with deviations, to the detailed requirements the application, and available engineering, of the item named in the Contract sales, maintenance, repair, and Documents. replacement services will be indicated The application will also contain an itemized esti- 2. Substitute Items mate of all costs or credits that will result directly or indirectly from use of such a. If in ENGINEER's sole discretion an substitute item, including costs of redesign item of material or equipment proposed by and claims of other contractors affected by CONTRACTOR does not qualify as an any resulting change, all of which will be "or-equal" item under paragraph 6 05.A.1, it considered by ENGINEER in evaluating the will be considered a proposed substitute proposed substitute item ENGINEER may item. require CONTRACTOR to furnish additional data about the proposed substitute item b. CONTRACTOR shall submit suffi- cient information as provided below to allow B Substitute Construction Methods or Proce- ENGINEER to determine that the item of dures: If a specific means, method, technique, se- material or equipment proposed is quence, or procedure of construction is shown or essentially equivalent to that named and an indicated in and expressly required by the Contract acceptable substitute therefor Requests for Documents, CONTRACTOR may furnish or utilize a review of proposed substitute items of substitute means, method, technique, sequence, or material or equipment will not be accepted procedure of construction approved by ENGINEER. by ENGINEER from anyone other than CONTRACTOR shall submit sufficient information to CONTRACTOR. allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to c. The procedure for review by ENGI- that expressly called for by the Contract Documents NEER will be as set forth in paragraph The procedure for review by ENGINEER will be similar 6.05.A.2.d, as supplemented in the General to that provided in subparagraph 6 05.A.2. Requirements and as ENGINEER may decide is appropriate under the C. Engineer's Evaluation. ENGINEER will be circumstances. allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- d CONTRACTOR shall first make graphs 6 05.A and 6 05 B ENGINEER will be the written application to ENGINEER for review sole judge of acceptability No "or-equal" or substitute of a proposed substitute item of material or will be ordered, installed or utilized until ENGINEER's equipment that CONTRACTOR seeks to review is complete, which will be evidenced by either a furnish or use. The application shall certify Change Order for a substitute or an approved Shop that the proposed substitute item will Drawing for an "or equal." ENGINEER will advise 00700-General Conditions REV 5-10-13.doc 00700-20 F-1Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vidmimibid documentsWaster Contract Documents100700-General Conditions REV 5-10-13.doc CONTRACTOR in writing of any negative difference in the cost occasioned by such determination. replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance D. Special Guarantee- OWNER may require by OWNER of any such Subcontractor, Supplier, or CONTRACTOR to furnish at CONTRACTOR's ex- other individual or entity, whether initially or as a pense a special performance guarantee or other replacement, shall constitute a waiver of any right of surety with respect to any substitute. OWNER or ENGINEER to reject defective Work. E. ENGINEER's Cost Reimbursement: C CONTRACTOR shall be fully responsible to ENGINEER will record time required by ENGINEER OWNER and ENGINEER for all acts and omissions of and ENGINEER's Consultants in evaluating substitute the Subcontractors, Suppliers, and other individuals or proposed or submitted by CONTRACTOR pursuant to entities performing or furnishing any of the Work just paragraphs 6.05.A.2 and 6 05.6 and in making as CONTRACTOR is responsible for changes in the Contract Documents (or in the CONTRACTOR's own acts and omissions. Nothing in provisions of any other direct contract with OWNER the Contract Documents shall create for the benefit of for work on the Project) occasioned thereby Whether any such Subcontractor, Supplier, or other individual or not ENGINEER approves a substitute item so pro- or entity any contractual relationship between OWNER posed or submitted by CONTRACTOR, CON- or ENGINEER and any such Subcontractor, Supplier TRACTOR shall reimburse OWNER for the charges or other individual or entity, nor shall it create any of ENGINEER and ENGINEER's Consultants for obligation on the part of OWNER or ENGINEER to evaluating each such proposed substitute pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or F CONTRACTOR's Expense* CONTRACTOR entity except as may otherwise be required by Laws shall provide all data in support of any proposed and Regulations. substitute or"or-equal"at CONTRACTOR's expense. D. CONTRACTOR shall be solely responsible 606 Concerning Subcontractors, Suppliers, for scheduling and coordinating the Work of Subcon- and Others tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a A. CONTRACTOR shall not employ any direct or indirect contract with CONTRACTOR. Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in E. CONTRACTOR shall require all Subcontrac- paragraph 6 06.13), whether initially or as a tors, Suppliers, and such other individuals or entities replacement, against whom OWNER may have performing or furnishing any of the Work to commu- reasonable objection. CONTRACTOR shall not be nicate with ENGINEER through CONTRACTOR. required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of F The divisions and sections of the Specifica- the Work against whom CONTRACTOR has reason- tions and the identifications of any Drawings shall not able objection control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to B If the Supplementary Conditions require the be performed by any specific trade. identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in G All Work performed for CONTRACTOR by a advance for acceptance by OWNER by a specified Subcontractor or Supplier will be pursuant to an date prior to the Effective Date of the Agreement, and appropriate agreement between CONTRACTOR and if CONTRACTOR has submitted a list thereof in the Subcontractor or Supplier which specifically binds accordance with the Supplementary Conditions, the Subcontractor or Supplier to the applicable terms OWNER's acceptance (either in writing or by failing to and conditions of the Contract Documents for the make written objection thereto by the date indicated benefit of OWNER and ENGINEER. Whenever any for acceptance or objection in the Bidding Documents such agreement is with a Subcontractor or Supplier or the Contract Documents) of any such Subcon- who is listed as an additional insured on the property tractor, Supplier, or other individual or entity so insurance provided in paragraph 5.06, the agreement identified may be revoked on the basis of reasonable between the CONTRACTOR and the Subcontractor objection after due investigation. CONTRACTOR or Supplier will contain provisions whereby the shall submit an acceptable replacement for the Subcontractor or Supplier waives all rights against rejected Subcontractor, Supplier, or other individual or OWNER, CONTRACTOR, ENGINEER, ENGINEER's entity, and the Contract Price will be adjusted by the Consultants, and all other individuals or entities 10700-General Conditions REV 5-10-13.doc 00700-21 F1Public WorksTNGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th SQXAdmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc identified in the Supplementary Conditions to be listed for capital costs related thereto, such as plant as insureds or additional insureds (and the officers, investment fees. directors, partners, employees, agents, and other consultants and subcontractors of each and any of 6.09 Laws and Regulations them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or A. CONTRACTOR shall give all notices and causes of loss covered by such policies and any other comply with all Laws and Regulations applicable to the property insurance applicable to the Work. If the performance of the Work. Except where otherwise insurers on any such policies require separate waiver expressly required by applicable Laws and forms to be signed by any Subcontractor or Supplier, Regulations, neither OWNER nor ENGINEER shall be CONTRACTOR will obtain the same. responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations. 6.07 Patent Fees and Royalties B If CONTRACTOR performs any Work know- A. CONTRACTOR shall pay all license fees and ing or having reason to know that it is contrary to Laws royalties and assume all costs incident to the use in or Regulations, CONTRACTOR shall bear all claims, the performance of the Work or the incorporation in costs, losses, and damages (including but not limited the Work of any invention, design, process, product, to all fees and charges of engineers, architects, or device which is the subject of patent rights or attorneys, and other professionals and all court or copyrights held by others. If a particular invention, arbitration or other dispute resolution costs)arising out design, process, product, or device is specified in the of or relating to such Work; however, it shall not be Contract Documents for use in the performance of the CONTRACTOR's primary responsibility to make Work and if to the actual knowledge of OWNER or certain that the Specifications and Drawings are in ENGINEER its use is subject to patent rights or accordance with Laws and Regulations, but this shall copyrights calling for the payment of any license fee or not relieve CONTRACTOR of CONTRACTOR's royalty to others, the existence of such rights shall be obligations under paragraph 3 03. disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, C. Changes in Laws or Regulations not known at CONTRACTOR shall indemnify and hold harmless the time of opening of Bids (or, on the Effective Date OWNER, ENGINEER, ENGINEER's Consultants, and of the Agreement if there were no Bids) having an the officers, directors, partners, employees or agents, effect on the cost or time of performance of the Work and other consultants of each and any of them from may be the subject of an adjustment in Contract Price and against all claims, costs, losses, and damages or Contract Times. If OWNER and CONTRACTOR (including but not limited to all fees and charges of are unable to agree on entitlement to or on the engineers, architects, attorneys, and other amount or extent, if any, of any such adjustment, a professionals and all court or arbitration or other Claim may be made therefor as provided in paragraph dispute resolution costs) arising out of or relating to 10.05 any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting 610 Taxes from the incorporation in the Work of any invention, design, process, product, or device not specified in the A. CONTRACTOR shall pay all sales, consum- Contract Documents. er, use, and other similar taxes required to be paid by CONTRACTOR in accordance with 608 Permits the Laws and Regulations of the place of the Project which are applicable during the A. Unless otherwise provided in the Supple- performance of the Work. mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER B OWNER qualifies for state and local sales tax shall assist CONTRACTOR, when necessary, in exemption in the purchase of all material and obtaining such permits and licenses. CONTRACTOR equipment. shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which 611 Use of Site and Other Areas are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the A. Limitation on Use of Site and Other Areas Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and 1 CONTRACTOR shall confine OWNER shall pay all charges of such utility owners construction equipment, the storage of 00700-General Conditions REV 510-13.doc 00700-22 F Tublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\00700-General Conditions REV 510-13.doc materials and equipment, and the operations of in any manner that will endanger the structure, nor workers to the Site and other areas permitted shall CONTRACTOR subject any part of the Work or by Laws and Regulations, and shall not adjacent property to stresses or pressures that will unreasonably encumber the Site and other endanger it. areas with construction equipment or other materials or equipment. CONTRACTOR shall 612 Record Documents assume full responsibility for any damage to any such land or area, or to the owner or A. CONTRACTOR shall maintain in a safe place occupant thereof, or of any adjacent land or at the Site one record copy of all Drawings, Specifica- areas resulting from the performance of the tions, Addenda, Written Amendments, Change Work. Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order 2. Should any claim be made by any and annotated to show changes made during such owner or occupant because of the construction. These record documents together with performance of the Work, CONTRACTOR shall all approved Samples and a counterpart of all promptly settle with such other party by approved Shop Drawings will be available to ENGI- negotiation or otherwise resolve the claim by NEER for reference. Upon completion of the Work, arbitration or other dispute resolution these record documents, Samples, and Shop proceeding or at law. Drawings will be delivered to ENGINEER for OWNER. 3 To the fullest extent permitted by 613 Safety and Protection Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, A. CONTRACTOR shall be solely responsible ENGINEER, ENGINEER's Consultant, and the for initiating, maintaining and supervising all safety officers, directors, partners, employees, agents, precautions and programs in connection with the and other consultants of each and any of them Work. CONTRACTOR shall take all necessary from and against all claims, costs, losses, and precautions for the safety of, and shall provide the damages (including but not limited to all fees necessary protection to prevent damage, injury or loss and charges of engineers, architects, attorneys, to: and other professionals and all court or arbitration or other dispute resolution costs) 1. all persons on the Site or who may arising out of or relating to any claim or action, be affected by the Work; legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or 2. all the Work and materials and equip- any other party indemnified hereunder to the ment to be incorporated therein, whether in extent caused by or based upon storage on or off the Site, and CONTRACTOR's performance of the Work. 3 other property at the Site or adjacent B Removal of Debris During Performance of the thereto, including trees, shrubs, lawns, walks, Work: During the progress of the Work CONTRAC- pavements, roadways, structures, utilities, and TOR shall keep the Site and other areas free from Underground Facilities not designated for accumulations of waste materials, rubbish, and other removal, relocation, or replacement in the debris. Removal and disposal of such waste materi- course of construction. als, rubbish, and other debris shall conform to applica- ble Laws and Regulations. B CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of C. Cleaning: Prior to Substantial Completion of persons or property, or to the protection of persons or the Work CONTRACTOR shall clean the Site and property from damage, injury, or loss; and shall erect make it ready for utilization by OWNER. At the com- and maintain all necessary safeguards for such safety pletion of the Work CONTRACTOR shall remove from and protection. CONTRACTOR shall notify owners of the Site all tools, appliances, construction equipment adjacent property and of Underground Facilities and and machinery, and surplus materials and shall other utility owners when prosecution of the Work may restore to original condition all property not designated affect them, and shall cooperate with them in the for alteration by the Contract Documents. protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any D Loading Structures: CONTRACTOR shall not property referred to in paragraph 6 13.A.2 or 6 13.A.3 load nor permit any part of any structure to be loaded 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\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)V%dmim\bid documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed 617 Shop Drawings and Samples by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be A. CONTRACTOR shall submit Shop Drawings remedied by CONTRACTOR (except damage or loss to ENGINEER for review and approval in accordance attributable to the fault of Drawings or Specifications with the acceptable schedule of Shop Drawings and or to the acts or omissions of OWNER or ENGINEER Sample submittals. All submittals will be identified as or ENGINEER's Consultant, or anyone employed by ENGINEER may require and in the number of copies any of them, or anyone for whose acts any of them specified in the General Requirements. The data may be liable, and not attributable, directly or shown on the Shop Drawings will be complete with indirectly, in whole or in part, to the fault or negligence respect to quantities, dimensions, specified perfor- of CONTRACTOR or any Subcontractor, Supplier, or mance and design criteria, materials, and similar data other individual or entity directly or indirectly employed to show ENGINEER the services, materials, and by any of them) CONTRACTOR's duties and equipment CONTRACTOR proposes to provide and responsibilities for safety and for protection of the to enable ENGINEER to review the information for the Work shall continue until such time as all the Work is limited purposes required by paragraph 6.17.E. completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with B CONTRACTOR shall also submit Samples to paragraph 14 07 B that the Work is acceptable ENGINEER for review and approval in accordance (except as otherwise expressly provided in connection with the acceptable schedule of Shop Drawings and with Substantial Completion) Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as 614 Safety Representative catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- A. CONTRACTOR shall designate a qualified NEER to review the submittal for the limited purposes and experienced safety representative at the Site required by paragraph 6.17 E. The numbers of each whose duties and responsibilities shall be the Sample to be submitted will be as specified in the prevention of accidents and the maintaining and Specifications. supervising of safety precautions and programs. C Where a Shop Drawing or Sample is required 615 Hazard Communication Programs by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- A. CONTRACTOR shall be responsible for NEER as required by paragraph 2.07, any related coordinating any exchange of material safety data Work performed prior to ENGINEER's review and sheets or other hazard communication information approval of the pertinent submittal will be at the sole required to be made available to or exchanged be- expense and responsibility of CONTRACTOR. tween or among employers at the Site in accordance with Laws or Regulations. D Submittal Procedures 616 Emergencies 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have A. In emergencies affecting the safety or protec- determined and verified: tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to a. all field measurements, quantities, prevent threatened damage, injury, or loss. dimensions, specified performance criteria, CONTRACTOR shall give ENGINEER prompt written installation requirements, materials, catalog notice if CONTRACTOR believes that any significant numbers, and similar information with changes in the Work or variations from the Contract respect thereto, Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a b all materials with respect to intended change in the Contract Documents is required be- use, fabrication, shipping, handling, storage, cause of the action taken by CONTRACTOR in assembly, and installation pertaining to the response to such an emergency, a Work Change performance of the Work; Directive or Change Order will be issued 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 Tublic Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vadmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc precautions and programs incident thereto, 3 ENGINEER's review and approval of and Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any d CONTRACTOR shall also have variation from the requirements of the Contract reviewed and coordinated each Shop Documents unless CONTRACTOR has in Drawing or Sample with other Shop writing called ENGINEER's attention to each Drawings and Samples and with the such variation at the time of each submittal as requirements of the Work and the Contract required by paragraph 6.17 D 3 and ENGI- Documents. NEER has given written approval of each such variation by specific written notation thereof 2. Each submittal shall bear a stamp or incorporated in or accompanying the Shop specific written indication that CONTRACTOR Drawing or Sample approval; nor will any has satisfied CONTRACTOR's obligations approval by ENGINEER relieve CON- under the Contract Documents with respect to TRACTOR from responsibility for complying CONTRACTOR's review and approval of that with the requirements of paragraph 6.17.D 1 submittal. F. Resubmittal Procedures 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific 1 CONTRACTOR shall make correc- written notice of such variations, if any, that the tions required by ENGINEER and shall return Shop Drawing or Sample submitted may have the required number of corrected copies of from the requirements of the Contract Shop Drawings and submit as required new Documents, such notice to be in a written com- Samples for review and approval. CON- munication separate from the submittal; and, in TRACTOR shall direct specific attention in addition, shall cause a specific notation to be writing to revisions other than the corrections made on each Shop Drawing and Sample sub- called for by ENGINEER on previous mitted to ENGINEER for review and approval of submittals. each such variation. 618 Continuing the Work E. ENGINEER's Review A. CONTRACTOR shall carry on the Work and 1. ENGINEER will timely review and adhere to the progress schedule during all disputes or approve Shop Drawings and Samples in disagreements with OWNER. No Work shall be accordance with the schedule of Shop delayed or postponed pending resolution of any Drawings and Sample submittals acceptable to disputes or disagreements, except as permitted by ENGINEER. ENGINEER's review and paragraph 15.04 or as OWNER and CONTRACTOR approval will be only to determine if the items may otherwise agree in writing covered by the submittals will, after installation or incorporation in the Work, conform to the 619 CONTRACTOR's General Warranty and information given in the Contract Documents Guarantee and be compatible with the design concept of the completed Project as a functioning whole as A. CONTRACTOR warrants and guarantees to indicated by the Contract Documents. OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract 2. ENGINEER's review and approval Documents and will not be defective. will not extend to means, methods, techniques, CONTRACTOR's warranty and guarantee hereunder sequences, or procedures of construction excludes defects or damage caused by- (except where a particular means, method, technique, sequence, or procedure of con- 1. abuse, modification, or improper struction is specifically and expressly called for maintenance or operation by persons other by the Contract Documents) or to safety than CONTRACTOR, Subcontractors, precautions or programs incident thereto. The Suppliers, or any other individual or entity for review and approval of a separate item as such whom CONTRACTOR is responsible; or will not indicate approval of the assembly in which the item functions. 2. normal wear and tear under normal usage. 00700-General Conditions REV 5-10-13.doc 00700-25 PIPublic Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Admim\bid documents\Nlaster Contract Documents\00700-General Conditions REV 5-10-13.doc B CONTRACTOR's obligation to perform and 2 is caused in whole or in part by any complete the Work in accordance with the Contract negligent act or omission of CONTRACTOR, Documents shall be absolute. None of the following any Subcontractor, any Supplier, or any will constitute an acceptance of Work that is not in individual or entity directly or indirectly accordance with the Contract Documents or a release employed by any of them to perform any of the of CONTRACTOR's obligation to perform the Work in Work or anyone for whose acts any of them accordance with the Contract Documents may be liable, regardless of whether or not caused in part by any negligence or omission of 1 observations by ENGINEER; an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- 2. recommendation by ENGINEER or fied party by Laws and Regulations regardless payment by OWNER of any progress or final of the negligence of any such individual or payment; entity 3 the issuance of a certificate of Sub- B. In any and all claims against OWNER or stantial Completion by ENGINEER or any ENGINEER or any of their respective consultants, payment related thereto by OWNER; agents, officers, directors, partners, or employees by any employee (or the survivor or personal 4 use or occupancy of the Work or any representative of such employee) of CONTRACTOR, part thereof by OWNER, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to 5 any acceptance by OWNER or any perform any of the Work, or anyone for whose acts failure to do so; any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited 6 any review and approval of a Shop in any way by any limitation on the amount or type of Drawing or Sample submittal or the issuance of damages, compensation, or benefits payable by or for a notice of acceptability by ENGINEER; CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen- 7. any inspection, test, or approval by sation acts, disability benefit acts, or other employee others; or benefit'acts. 8. any correction of defective Work by C The indemnification obligations of CON- OWNER. TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's 6.20 Indemnification Consultants or to the officers, directors, partners, employees, agents, and other consultants and A. To the fullest extent permitted by Laws and subcontractors of each and any of them arising out of: Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's 1 the preparation or approval of, or the Consultants, and the officers, directors, partners, failure to prepare or approve, maps, Drawings, employees, agents, and other consultants and opinions, reports, surveys, Change Orders, subcontractors of each and any of them from and designs, or Specifications; or against all claims, costs, losses, and damages (including but not limited to all fees and charges of 2. giving directions or instructions, or engineers, architects, attorneys, and other failing to give them, if that is the primary cause professionals and all court or arbitration or other of the injury or damage. dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: ARTICLE 7 - OTHER WORK 1 is attributable to bodily injury, sickness, disease, or death, or to injury to or 7.01 Related Work at Site destruction of tangible property (other than the Work itself), including the loss of use resulting A. OWNER may perform other work related to therefrom; and 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 WorksIENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc performed by utility owners If such other work is not 702 Coordination noted in the Contract Documents, then A. If OWNER intends to contract with others for 1 written notice thereof will be given to the performance of other work on the Project at the CONTRACTOR prior to starting any such other Site, the following will be set forth in Supplementary work; and Conditions: 2. if OWNER and CONTRACTOR are 1. the individual or entity who will have unable to agree on entitlement to or on the authority and responsibility for coordination of amount or extent, if any, of any adjustment in the activities among the various contractors will the Contract Price or Contract Times that be identified; should be allowed as a result of such other work, a Claim may be made therefor as 2. the specific matters to be covered by provided in paragraph 10 05 such authority and responsibility will be itemized; and B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and 3 the extent of such authority and each utility owner (and OWNER, if OWNER is per- responsibilities will be provided forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable B Unless otherwise provided in the opportunity for the introduction and storage of Supplementary Conditions, OWNER shall have sole materials and equipment and the execution of such authority and responsibility for such coordination other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, ARTICLE 8 -OWNER'S RESPONSIBILITIES 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 801 Communications to Contractor other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise A. Except as otherwise provided in these altering their work and will only cut or alter their work General Conditions, OWNER shall issue all communi- with the written consent of ENGINEER and the others cations to CONTRACTOR through ENGINEER. whose work will be affected. The duties and responsibilities of CONTRACTOR under this 8.02 Replacement of ENGINEER paragraph are for the benefit of such utility owners and other contractors to the extent that there are A. In case of termination of the employment of comparable provisions for the benefit of ENGINEER, OWNER shall appoint an engineer to CONTRACTOR in said direct contracts between whom CONTRACTOR makes no reasonable OWNER and such utility owners and other objection, whose status under the Contract contractors. Documents shall be that of the former ENGINEER. C. If the proper execution or results of any part of 8.03 Furnish Data CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR A. OWNER shall promptly furnish the data shall inspect such other work and promptly report to required of OWNER under the Contract Documents. ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or 804 Pay Promptly When Due unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to A. OWNER shall make payments to CONTRAC- so report will constitute an acceptance of such other TOR promptly when they are due as provided in work as fit and proper for integration with paragraphs 14 02.0 and 14.07 C CONTRACTOR's Work except for latent defects and deficiencies in such other work. 805 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 510-13.doc 00700-27 FAPublic Works\ENGINEERING DMSION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vadmim\bid documentsWaster Contract Documents\00700-General Conditions REV 510-13.doc 4 01 and 4.05 Paragraph 4.02 refers to OWNER's ARTICLE 9 - ENGINEER'S STATUS DURING identifying and making available to CONTRACTOR CONSTRUCTION copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or 901 OWNER'S Representative subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the A. ENGINEER will be OWNER's representative Contract Documents. during the construction period The duties and responsibilities and the limitations of authority of 8.06 Insurance ENGINEER as OWNER's representative during construction are set forth in the Contract Documents A. OWNER's responsibilities, if any, in respect to and will not be changed without written consent of purchasing and maintaining liability and property insur- OWNER and ENGINEER. ance are set forth in Article 5. 9.02 Visits to Site 807 Change Orders A. ENGINEER will make visits to the Site at A. OWNER is obligated to execute Change intervals appropriate to the various stages of construc- Orders as indicated in paragraph 10.03 tion as ENGINEER deems necessary in order to observe as an experienced and qualified design 8.08 Inspections, Tests, and Approvals professional the progress that has been made and the quality of the various aspects of CONTRACTOR's A. OWNER's responsibility in respect to certain executed Work. Based on information obtained inspections, tests, and approvals is set forth in during such visits and observations, ENGINEER, for paragraph 13 03 B the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Con- 809 Limitations on OWNER's Responsibilities tract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the A. The OWNER shall not supervise, direct, or Site to check the quality or quantity of the Work. have control or authority over, nor be responsible for, ENGINEER's efforts will be directed toward providing CONTRACTOR's means, methods, techniques, se- for OWNER a greater degree of confidence that the quences, or procedures of construction, or the safety completed Work will conform generally to the Contract precautions and programs incident thereto, or for any Documents On the basis of such visits and failure of CONTRACTOR to comply with Laws and observations, ENGINEER will keep OWNER informed Regulations applicable to the performance of the of the progress of the Work and will endeavor to guard Work. OWNER will not be responsible for OWNER against defective Work. CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority 810 Undisclosed Hazardous Environmental and responsibility set forth in paragraph 9.10, and Condition particularly, but without limitation, during or as a result of ENGINEER's visits or observations of A. OWNER's responsibility in respect to an CONTRACTOR's Work ENGINEER will not undisclosed Hazardous Environmental Condition is supervise, direct, control, or have authority over or be set forth in paragraph 4 06. responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, 8 11 Evidence of Financial Arrangements or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply A. If and to the extent OWNER has agreed to with Laws and Regulations applicable to the furnish CONTRACTOR reasonable evidence that performance of the Work. financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, 9.03 Project Representative OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. 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 F1Public Works\ENGINEERING DMSION PROJECTS%0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmimlbid documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc I authority and limitations thereon of any such Resident provided in paragraph 13 04, whether or not the Work Project Representative and assistants will be as is fabricated, installed, or completed. provided in paragraph 9 10 and in the Supplementary Conditions. If OWNER designates another represen- 907 Shop Drawings, Change Orders and tative or agent to represent OWNER at the Site who is Payments not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of A. In connection with ENGINEER's authority as such other individual or entity will be as provided in the to Shop Drawings and Samples, see paragraph 6 17. Supplementary Conditions. B In connection with ENGINEER's authority as 9.04 Clarifications and Interpretations to Change Orders, see Articles 10, 11, and 12. A. ENGINEER will issue with reasonable C In connection with ENGINEER's authority as promptness such written clarifications or interpreta- to Applications for Payment, see Article 14 tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall 9.08 Determinations for Unit Price Work be consistent with the intent of and reasonably inferable from the Contract Documents. Such written A. ENGINEER will determine the actual quanti- clarifications and interpretations will be binding on ties and classifications of Unit Price Work performed OWNER and CONTRACTOR. If OWNER and CON- by CONTRACTOR. ENGINEER will review with TRACTOR are unable to agree on entitlement to or on CONTRACTOR the ENGINEER's preliminary the amount or extent, if any, of any adjustment in the determinations on such matters before rendering a Contract Price or Contract Times, or both, that should written decision thereon (by recommendation of an be allowed as a result of a written clarification or Application for Payment or otherwise) ENGINEER's interpretation, a Claim may be made therefor as written decision thereon will be final and binding provided in paragraph 10.05 (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon 9.05 Authorized Variations in Work OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract 9.09 Decisions on Requirements of Contract Documents which do not involve an adjustment in the Documents and Acceptability of Work Contract Price or the Contract Times and are compati- ble with the design concept of the completed Project A. ENGINEER will be the initial interpreter of the as a functioning whole as indicated by the Contract requirements of the Contract Documents and judge of Documents. These may be accomplished by a Field the acceptability of the Work thereunder. Claims, Order and will be binding on OWNER and also on disputes and other matters relating to the acceptability CONTRACTOR, who shall perform the Work involved of the Work, the quantities and classifications of Unit promptly If OWNER and CONTRACTOR are unable Price Work, the interpretation of the requirements of to agree on entitlement to or on the amount or extent, the Contract Documents pertaining to the if any, of any adjustment in the Contract Price or performance of the Work, and Claims seeking Contract Times, or both, as a result of a Field Order, changes in the Contract Price or Contract Times will a Claim may be made therefor as provided in be referred initially to ENGINEER in writing, in paragraph 10 05. accordance with the provisions of paragraph 10.05, with a request for a formal decision. 9.06 Rejecting Defective Work B When functioning as interpreter and judge A. ENGINEER will have authority to disapprove under this paragraph 9.09, ENGINEER will not show or reject Work which ENGINEER believes to be partiality to OWNER or CONTRACTOR and will not defective, or that ENGINEER believes will not produce be liable in connection with any interpretation or a completed Project that conforms to the Contract decision rendered in good faith in such capacity The Documents or that will prejudice the integrity of the rendering of a decision by ENGINEER pursuant to this design concept of the completed Project as a paragraph 9 09 with respect to any such Claim, functioning whole as indicated by the Contract dispute, or other matter (except any which have been Documents. ENGINEER will also have authority to waived by the making or acceptance of final payment require special inspection or testing of the Work as 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 F1Public Works\ENGINEERING DIVISION PROJECTS10845B-Old Dixie Flury Sidewalk(38th Ln-45th St)1Admimibid documents\Master Contract Documents100700-General Conditions REV 5-10-13.doc CONTRACTOR of such rights or remedies as either ARTICLE 10 -CHANGES IN THE WORK, CLAIMS may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter 1001 Authorized Changes in the Work 9.10 Limitations on ENGINEER's Authority and A. Without invalidating the Agreement and Responsibilities without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or A. Neither ENGINEER's authority or respon- revisions in the Work by a Written Amendment, a sibility under this Article 9 or under any other provision Change Order, or a Work Change Directive. Upon of the Contract Documents nor any decision made by receipt of any such document, CONTRACTOR shall ENGINEER in good faith either to exercise or not promptly proceed with the Work involved which will be exercise such authority or responsibility or the performed under the applicable conditions of the undertaking, exercise, or performance of any authority Contract Documents (except as otherwise specifically or responsibility by ENGINEER shall create, impose, provided) or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcon- B. If OWNER and CONTRACTOR are unable to tractor, any Supplier, any other individual or entity, or agree on entitlement to, or on the amount or extent, if to any surety for or employee or agent of any of them. any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a B ENGINEER will not supervise, direct, control, Work Change Directive, a Claim may be made or have authority over or be responsible for therefor as provided in paragraph 10 05 CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety 10 02 Unauthorized Changes in the Work precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and A. CONTRACTOR shall not be entitled to an Regulations applicable to the performance of the increase in the Contract Price or an extension of the Work. ENGINEER will not be responsible for Contract Times with respect to any work performed CONTRACTOR's failure to perform the Work in that is not required by the Contract Documents as accordance with the Contract Documents amended, modified, or supplemented as provided in paragraph 3 04, except in the case of an emergency C ENGINEER will not be responsible for the as provided in paragraph 6.16 or in the case of acts or omissions of CONTRACTOR or of any uncovering Work as provided in paragraph 13.04.13 Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. 10.03 Execution of Change Orders D. ENGINEER's review of the final Application A. OWNER and CONTRACTOR shall execute for Payment and accompanying documentation and all appropriate Change Orders recommended by ENGI- maintenance and operating instructions, schedules, NEER (or Written Amendments) covering. guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to 1. changes in the Work which are. (i) be delivered by paragraph 14.07.A will only be to ordered by OWNER pursuant to paragraph determine generally that their content complies with 10 01.A, (ii) required because of acceptance of the requirements of, and in the case of certificates of defective Work under paragraph 13.08.A or inspections, tests, and approvals that the results OWNER's correction of defective Work under certified indicate compliance with, the Contract paragraph 13 09, or (iii) agreed to by the Documents parties, E. The limitations upon authority and responsibil- 2 changes in the Contract Price or ity set forth in this paragraph 9.10 shall also apply to Contract Times which are agreed to by the ENGINEER's Consultants, Resident Project Repre- parties, including any undisputed sum or sentative, and assistants 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:1Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)tAdmimlbld documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc pursuant to paragraph 10 05, provided that, in 10 05 Claims and Disputes lieu of executing any such Change Order, an appeal may be taken from any such decision in A. Notice Written notice stating the general accordance with the provisions of the Contract nature of each Claim, dispute, or other matter shall be Documents and applicable Laws and Regula- delivered by the claimant to ENGINEER and the other tions, but during any such appeal, party to the Contract promptly (but in no event later CONTRACTOR shall carry on the Work and than 30 days) after the start of the event giving rise adhere to the progress schedule as provided in thereto Notice of the amount or extent of the Claim, paragraph 6 18.A. dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the 10.04 Notification to Surety Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant A. If notice of any change affecting the general to submit additional or more accurate data in support scope of the Work or the provisions of the Contract of such Claim, dispute, or other matter). A Claim for Documents (including, but not limited to, Contract an adjustment in Contract Price shall be prepared in Price or Contract Times) is required by the provisions accordance with the provisions of paragraph 12.01 B of any Bond to be given to a surety, the giving of any A Claim for an adjustment in Contract Time shall be such notice will be CONTRACTOR's responsibility prepared in accordance with the provisions of The amount of each applicable Bond will be adjusted paragraph 12.02.B. Each Claim shall be accom- to reflect the effect of any such change. 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-Wublic WorksIENGINEERING DIVISION PROJECTS108458-Old Dixie Hwy Sidewalk(38th Ln-45th St)VAdmimlbid documents\Master Contract Documents100700-General Conditions REV 5-10-13.doc C If ENGINEER does not render a formal 2. Cost of all materials and equipment decision in writing within the time stated in paragraph furnished and incorporated in the Work, includ- 10 05 B, a decision denying the Claim in its entirety ing costs of transportation and storage thereof, shall be deemed to have been issued 31 days after and Suppliers' field services required in receipt of the last submittal of the claimant or the last connection therewith. All cash discounts shall submittal of the opposing party, if any accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which D No Claim for an adjustment in Contract Price to make payments, in which case the cash or Contract Times (or Milestones) will be valid if not discounts shall accrue to OWNER. All trade submitted in accordance with this paragraph 10 05. discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR ARTICLE 11 -COST OF THE WORK, CASH shall make provisions so that they may be ALLOWANCES; UNIT PRICE WORK obtained 3 Payments made by CONTRACTOR 11.01 Cost of the Work to Subcontractors for Work performed by Subcontractors. If required by OWNER, LON- A. Costs Included: The term Cost of the Work TRACTOR shall obtain competitive bids from means the sum of all costs necessarily incurred and subcontractors acceptable to OWNER and paid by CONTRACTOR in the proper performance of CONTRACTOR and shall deliver such bids to the Work. When the value of any Work covered by a OWNER, who will then determine, with the Change Order or when a Claim for an adjustment in advice of ENGINEER, which bids, if any, will be Contract Price is determined on the basis of Cost of acceptable. If any subcontract provides that the the Work, the costs to be reimbursed to Subcontractor is to be paid on the basis of Cost CONTRACTOR will be only those additional or of the Work plus a fee, the Subcontractor's incremental costs required because of the change in Cost of the Work and fee shall be determined the Work or because of the event giving rise to the in the same manner as CONTRACTOR's Cost Claim. Except as otherwise may be agreed to in of the Work and fee as provided in this para- writing by OWNER, such costs shall be in amounts no graph 11 01. higher than those prevailing in the locality of the Project, shall include only the following items, and 4. Costs of special consultants shall not include any of the costs itemized in para- (including but not limited to engineers, graph 1101 B. architects, testing laboratories, surveyors, attorneys, and accountants) employed for a oa„r„u for employees in +he services specifically related to the Work. 5 Supplemental costs including the r*;c;6'fiG;3tiGR6 agreed upon by OWNER and following- CONTRACTOR SunhernpleyeesrhalliRlGlude a. The proportion of necessary trans- and- A-the-F peF69nnel employed full tome at th travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. the ef tie(r +�_speR+ on the \A/^rk , b. Cost, including transportation and salaries ^ �.ag@s-plas '�^ ^^^+ ^+ +r'^^^ 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 and retirement benefits, benuses, SiGk-lea e, in the performance of the Work, and cost, less market value, of such items used but not con- The ^„non es of perfem;inn Work r,i ltcide ^+ sumed which remain the property of CON- TRACTOR. legal hG!iday6, shall be inGluded in the above to the extent a thnrized by OWNER. 00700-General Conditions REV 5-10-13.doc 00700-32 FAPublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vadmim\bid documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc C. Rentals of all construction equip- changes in the Work or caused by the event ment and machinery, and the parts thereof giving rise to the Claim. whether rented from CONTRACTOR or others in accordance with rental agreements approved j. When all the Work is performed on the by OWNER with the advice of ENGINEER, and basis of cost-plus, the costs of premiums for all the costs of transportation, loading, unloading, Bonds and insurance CONTRACTOR is assembly, dismantling, and removal thereof. required by the Contract Documents to All such costs shall be in accordance with the purchase and maintain terms of said rental agreements The rental of any such equipment, machinery, or parts shall B Costs Excluded. The term Cost of the Work cease when the use thereof is no longer shall not include any of the following items: necessary for the Work. 1. Payroll costs and other compensation d Sales, consumer, use, and other of CONTRACTOR's officers, executives, princi- similar taxes related to the Work, and for which pals (of partnerships and sole proprietorships), CONTRACTOR is liable, imposed by Laws and general managers, engineers, architects, Regulations. estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, e Deposits lost for causes other than timekeepers, clerks, and other personnel negligence of CONTRACTOR, any Sub- employed by CONTRACTOR, whether at the contractor, or anyone directly or indirectly Site or in CONTRACTOR's principal or branch employed by any of them or for whose acts any office for general administration of the Work of them may be liable, and royalty payments and not specifically included in the agreed upon and fees for permits and licenses. schedule of job classifications referred to in paragraph 11 01.A.1 or specifically covered by f. Losses and damages (and related paragraph 11 01.A.4, all of which are to be expenses) caused by damage to the Work, not considered administrative costs covered by the compensated by insurance or otherwise, sus- CONTRACTOR's fee. tained by CONTRACTOR in connection with the performance of the Work (except losses 2. Expenses of CONTRACTOR's princi- and damages within the deductible amounts of pal and branch offices other than property insurance established in accordance CONTRACTOR's office at the Site. with paragraph 5.06 D), provided such losses and damages have resulted from causes other 3. Any part of CONTRACTOR's capital than the negligence of CONTRACTOR, any expenses, including interest on Subcontractor, or anyone directly or indirectly CONTRACTOR's capital employed for the employed by any of them or for whose acts any Work and charges against CONTRACTOR for of them may be liable. Such losses shall delinquent payments. include settlements made with the written consent and approval of OWNER. No such 4 Costs due to the negligence of CON- losses, damages, and expenses shall be TRACTOR, any Subcontractor, or anyone included in the Cost of the Work for the directly or indirectly employed by any of them or purpose of determining CONTRACTOR's fee. for whose acts any of them may be liable, including but not limited to, the correction of g. The cost of utilities, fuel, and sanitary defective Work, disposal of materials or facilities at the Site. equipment wrongly supplied, and making good any damage to property h. Minor expenses such as telegrams, long distance telephone calls, telephone service 5 Other overhead or general expense at the Site, expressage, and similar petty cash costs of any kind and the costs of any item not items in connection with the Work. specifically and expressly included in paragraphs 11.01.A and 11.01.B. i. When the Cost of the Work is used to determine the value of a Change Order or of a C CONTRACTOR's Fee. When all the Work is Claim, the cost of premiums for additional performed on the basis of cost-plus, CONTRACTOR's Bonds and insurance required because of the 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 PROJECTSXOB45B-Old Dixie Hwy Sidewalk(38th Ln-45th St)V\dmim\bid documentswaster Contract Documents\00700-General Conditions REV 5-10-13.doc Order or when a Claim for an adjustment in Contract Unit Price Work performed by CONTRACTOR will be Price is determined on the basis of Cost of the Work, made by ENGINEER subject to the provisions of CONTRACTOR's fee shall be determined as set forth paragraph 9 08 in paragraph 12.01 C B. Each unit price will be deemed to include an D. Documentation. Whenever the Cost of the amount considered by CONTRACTOR to be ade- Work for any purpose is to be determined pursuant to quate to cover CONTRACTOR's overhead and.profit paragraphs 11 01.A and 11 01.6, CONTRACTOR will for each separately identified item. establish and maintain records thereof in accordance with generally accepted accounting practices and C OWNER or CONTRACTOR may make a submit in a form acceptable to ENGINEER an Claim for an adjustment in the Contract Price in accor- itemized cost breakdown together with supporting dance with paragraph 10 05 if: data. 1. the quantity of any item of Unit Price 11 02 Cash Allowances Work performed by CONTRACTOR differs materially and significantly from the estimated A. It is understood that CONTRACTOR has in- quantity of such item indicated in the cluded in the Contract Price all allowances so named Agreement; and in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be 2. there is no corresponding adjustment acceptable to OWNER and ENGINEER. with respect any other item of Work; and CONTRACTOR agrees that: 3. if CONTRACTOR believes that 1. the allowances include the cost to CONTRACTOR is entitled to an increase in CONTRACTOR (less any applicable trade Contract Price as a result of having incurred discounts) of materials and equipment required additional expense or OWNER believes that by the allowances to be delivered at the Site, OWNER is entitled to a decrease in Contract and all applicable taxes, and Price and the parties are unable to agree as to the amount of any such increase or decrease. 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses ARTICLE 12 -CHANGE OF CONTRACT PRICE, contemplated for the allowances have been CHANGE OF CONTRACT TIMES included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will 12.01 Change of Contract Price be valid. A. The Contract Price may only be changed by a B. Prior to final payment, an appropriate Change Change Order or by a Written Amendment. Any Order will be issued as recommended by ENGINEER Claim for an adjustment in the Contract Price shall be to reflect actual amounts due CONTRACTOR on based on written notice submitted by the party making account of Work covered by allowances, and the Con- the Claim to the ENGINEER and the other parry to the tract Price shall be correspondingly adjusted Contract in accordance with the provisions of para- graph 10.05. 11 03 Unit Price Work B The value of any Work covered by a Change A. Where the Contract Documents provide that Order or of any Claim for an adjustment in the all or part of the Work is to be Unit Price Work, initially Contract Price will be determined as follows: the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the 1 where the Work involved is covered unit price for each separately identified item of Unit by unit prices contained in the Contract Price Work times the estimated quantity of each item Documents, by application of such unit prices to as indicated in the Agreement. The estimated the quantities of the items involved (subject to quantities of items of Unit Price Work are not guaran- the provisions of paragraph 11 03 ), or teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Deter- 2. where the Work involved is not cov- minations of the actual quantities and classifications of ered by unit prices contained in the Contract 00700-General Conditions REV 5-10-13.doc 00700-34 F1Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc Documents, by a mutually agreed lump sum (which may include an allowance for overhead f. when both additions and credits are and profit not necessarily in accordance with involved in any one change, the adjustment paragraph 12 01.C.2); or in CONTRACTOR's fee shall be computed on the basis of the net change in 3. where the Work involved is not cov- accordance with paragraphs 12.01 C.2.a ered by unit prices contained in the Contract through 12.01.C.2.e, inclusive. Documents and agreement to a lump sum is not reached under paragraph 12.01 B.2, on the 12 02 Change of Contract Times basis of the Cost of the Work (determined as provided in paragraph 11 01) plus a A. The Contract Times (or Milestones) may only CONTRACTOR's fee for overhead and profit be changed by a Change Order or by a Written (determined as provided in paragraph 12.01.C) Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on C. CONTRACTOR's Fee- The written notice submitted by the party making the claim CONTRACTOR's fee for overhead and profit shall be to the ENGINEER and the other party to the Contract determined as follows: in accordance with the provisions of paragraph 10.05. 1. a mutually acceptable fixed fee; or B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any 2. if a fixed fee is not agreed upon, then Claim for an adjustment in the Contract Times (or a fee based on the following percentages of the Milestones) will be determined in accordance with the various portions of the Cost of the Work: provisions of this Article 12. a. for costs incurred under para- 12 03 Delays Beyond CONTRACTOR's Control graphs 1101.A.1 and 1101.A.2, the CONTRACTOR's fee shall be 15 percent; A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract b for costs incurred under paragraph Times (or Milestones) due to delay beyond the control 11.01.A.3, the CONTRACTOR's fee shall of CONTRACTOR, the . Contract Times (or be five percent; Milestones)will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor c. where one or more tiers of subcon- as provided in paragraph 12.02.A. Delays beyond the tracts are on the basis of Cost of the Work control of CONTRACTOR shall include, but not be plus a fee and no fixed fee is agreed upon, limited to, acts or neglect by OWNER, acts or neglect the intent of paragraph 12.01 C.2.a is that of utility owners or other contractors performing other the Subcontractor who actually performs work as contemplated by Article 7, fires, floods, the Work, at whatever tier, will be paid a fee epidemics, abnormal weather conditions, or acts of of 15 percent of the costs incurred by such God. Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier 12.04 Delays Within CONTRACTOR's Control Subcontractor and CONTRACTOR will each be paid a fee of five percent of the A. The Contract Times(or Milestones)will not be amount paid to the next lower tier Subcon- extended due to delays within the control of tractor; CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier, shall be d no fee shall be payable on the deemed to be delays within the control of CONTRAC- basis of costs itemized under paragraphs TOR. 11 01.A.4, 11 01.A.5, and 11.01.13, 12.05 Delays Beyond OWNER's and e. the amount of credit to be allowed CONTRACTOR's Control by CONTRACTOR to OWNER for any change which results in a net decrease in A. Where CONTRACTOR is prevented from cost will be the amount of the actual net completing any part of the Work within the Contract decrease in cost plus a deduction in Times (or Milestones) due to delay beyond the control CONTRACTOR's fee by an amount equal of both OWNER and CONTRACTOR, an extension of to five percent of such net decrease, and the Contract Times (or Milestones) in an amount 00700-General Conditions REV 5-10-13.doc 00700-35 F\Public Warks\ENGINEERING DNISION PROJECTSX0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admirn%id documentsWlaster 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 13.03 Tests and Inspections delay. A. CONTRACTOR shall give ENGINEER timely 12.06 Delay Damages notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate A. In no event shall OWNER or ENGINEER be with inspection and testing personnel to facilitate liable to CONTRACTOR, any Subcontractor, any required inspections or tests. Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for B OWNER 6hall empley and pay feF the damages arising out of or resulting from. icnrircc of an i.depe.,deRt testing labe ateF r to 1 delays caused by or within the control of CONTRACTOR; or 2 delays beyond the control of both OWNER and CONTRACTOR including but not below; limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors tests or ,.,,^,+UGted ^,.FIsyant +^ performing other work as contemplated by paFagraph 42 04 R shall be paid as pFevided in Article 7. said paFagraph 13.04.13, a 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 C. If Laws or Regulations of any public body actions or inactions of OWNER or anyone for whom having jurisdiction require any Work (or part thereof) OWNER is responsible. specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for ARTICLE 13-TESTS AND INSPECTIONS, arranging and obtaining such inspections, tests, or CORRECTION, REMOVAL OR ACCEPTANCE OF approvals, pay all costs in connection therewith, and DEFECTIVE WORK furnish ENGINEER the required certificates of inspec- tion or approval. 13 01 Notice of Defects D CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in A. Prompt notice of all defective Work of which connection with any inspections, tests, or approvals OWNER or ENGINEER has actual knowledge will be required for OWNER's and ENGINEER's acceptance given to CONTRACTOR. All defective Work may be of materials or equipment to be incorporated in the rejected, corrected, or accepted as provided in this Work; or acceptance of materials, mix designs, or Article 13. equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation 13.02 Access to Work in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to A. OWNER, ENGINEER, ENGINEER's Con- OWNER and ENGINEER. sultants, other representatives and personnel of OWNER, independent testing laboratories, and E. If any Work (or the work of others) that is to governmental agencies with jurisdictional interests will be inspected, tested, or approved is covered by CON- have access to the Site and the Work at reasonable TRACTOR without written concurrence of ENGI- times for their observation, inspecting, and testing. NEER, it must, if requested by ENGINEER, be uncov- CONTRACTOR shall provide them proper and safe ered for observation. conditions for such access and advise them of CONTRACTOR's Site safety procedures and F. Uncovering Work as provided in paragraph programs so that they may comply therewith as 13 03 E shall be at CONTRACTOR's expense unless applicable. CONTRACTOR has given ENGINEER timely notice 00700-General Conditions REV 5-10-13.doc 00700-36 F\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWaster 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- any of thefR-. ness in response to such notice. 13 04 Uncovering Work 13 06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective A. If any Work is covered contrary to the written Work, whether or not fabricated, installed, or request of ENGINEER, it must, if requested by ENGI- completed, or, if the Work has been rejected by ENGI- NEER, be uncovered for ENGINEER's observation NEER, remove it from the Project and replace it with and replaced at CONTRACTOR's expense. Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but B. If ENGINEER considers it necessary or not limited to all fees and charges of engineers, advisable that covered Work be observed by ENGI- architects, attorneys, and other professionals and all NEER or inspected or tested by others, CONTRAC- court or arbitration or other dispute resolution costs) TOR, at ENGINEER's request, shall uncover, expose, arising out of or relating to such correction or removal or otherwise make available for observation, inspec- (including but not limited to all costs of repair or tion, or testing as ENGINEER may require, that replacement of work of others). portion of the Work in question, furnishing all neces- sary labor, material, and equipment. If it is found that 13 07 Correction Period such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not A. limited to all fees and charges of engineers, architects, Gempletion OF GUGh longell: peried of time as may be attorneys, and other professionals and all court or preSGrobed by Laws eF Regulations 9F by the terms 9 arbitration or other dispute resolution costs) arising out any appliGable 6peGial quaFaRtee required by thee of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory GORtrar-3t I)GGlUments, aRY Work is found to he replacement or reconstruction (including but not defeGtive, 9F wf the Fepair of any damages to the - limited to all costs of repair or replacement of work of 9F areas Made available for GONTRACTOR'F; --lu.-by others); and OWNER shall be entitled to an n,n11NIFEp or permitter! by Laws and Reg ulatienn as appropriate decrease in the Contract Price If the Genternpiated OR paFagFaph 6.11.A is; feund to he 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 \Aferk has been reie^ted by OWNER, remove it from Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and to the ' reconstruction. If the parties are unable to agree as to iaeof ethers er ether I-anii er ^reas res Mine rlr them the amount or extent thereof, CONTRACTOR may frnrn If CONTRACTOR does not promptly comply make a Claim therefor as provided in paragraph with the terms of such instructions, or in an 10.05. emergency where delay would cause serious risk of loss or damage, OWNER may have the defective 13.05 OWNER May Stop the Work 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 fails to sdPPly—sa#c>FenslFiRedRers ;a 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 TRACTOR to stGp the WeFk, or any portion thereGf, replacement (including but not limited to all costs of repair or replacement of work of others)will be paid by however, thils Fight ef OWNER te stop the Wark 6hall CONTRACTOR. not give rise to any duty GR the part of OWNER to B befeFe Substantial Completion of all the Werk, 00700-General Conditions REV 5-10-13.doc 00700-37 F\Public WorkMENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)V+dmim\bid documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or B. In exercising the rights and remedies under removed and replaced under this paragraph 13 07, this paragraph, OWNER shall proceed expeditiously the correction period hereunder with respect to such In connection with such corrective and remedial Work will be extended for an additional period of one action, OWNER may exclude CONTRACTOR from all year after such correction or removal and replacement or part of the Site, take possession of all or part of the has been satisfactorily completed. Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, D. CONTRACTOR's obligations under this appliances, construction equipment and machinery at paragraph 13.07 are in addition to any other obligation the Site, and incorporate in the Work all materials and or warranty. The provisions of this paragraph 13 07 equipment stored at the Site or for which OWNER has shall not be construed as a substitute for or a waiver paid CONTRACTOR but which are stored elsewhere. of the provisions of any applicable statute of limitation CONTRACTOR shall allow OWNER, OWNER's or repose. representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's 13 08 Acceptance of Defective Work Consultants access to the Site to enable OWNER to exercise the rights and remedies under this A. If, instead of requiring correction or removal paragraph. and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- C. All Claims, costs, losses, and damages ment, ENGINEER) prefers to accept it, OWNER may (including but not limited to all fees and charges of do so CONTRACTOR shall pay all Claims, costs, engineers, architects, attorneys, and other losses, and damages (including but not limited to all professionals and all court or arbitration or other fees and charges of engineers, architects, attorneys, dispute resolution costs) incurred or sustained by and other professionals and all court or arbitration or OWNER in exercising the rights and remedies under other dispute resolution costs) attributable to this paragraph 13 09 will be charged against CON- OWNER's evaluation of and determination to accept TRACTOR, and a Change Order will be issued such defective Work (such costs to be approved by incorporating the necessary revisions in the Contract ENGINEER as to reasonableness)and the diminished Documents with respect to the Work; and OWNER value of the Work to the extent not otherwise paid by shall be entitled to an appropriate decrease in the CONTRACTOR pursuant to this sentence. If any Contract Price If the parties are unable to agree as to such acceptance occurs prior to ENGINEER's recom- the amount of the adjustment, OWNER may make a mendation of final payment, a Change Order will be Claim therefor as provided in paragraph 10.05 Such issued incorporating the necessary revisions in the claims, costs, losses and damages will include but not Contract Documents with respect to the Work, and be limited to all costs of repair, or replacement of work OWNER shall be entitled to an appropriate decrease of others destroyed or damaged by correction, in the Contract Price, reflecting the diminished value of removal, or replacement of CONTRACTOR's Work so accepted If the parties are unable to agree defective Work. as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the D CONTRACTOR shall not be allowed an acceptance occurs after such recommendation, an extension of the Contract Times (or Milestones) appropriate amount will be paid by CONTRACTOR to because of any delay in the performance of the Work OWNER. attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. 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 00700-General Conditions REV 5-10-13.doc 00700-38 FAPublic Works\ENGINEERING DIVISION PROJECTS1084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admlm\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc ARTICLE 14 - PAYMENTS TO CONTRACTOR AND B. Review of Applications COMPLETION 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either 14.01 Schedule of Values indicate in writing a recommendation of payment and present the Application to A. The schedule of values established as provid- OWNER or return the Application to ed in paragraph 2.07.A will serve as the basis for CONTRACTOR indicating in writing progress payments and will be incorporated into a ENGINEER's reasons for refusing to form of Application for Payment acceptable to ENGI- recommend payment. In the latter case, CON- NEER. Progress payments on account of Unit Price TRACTOR may make the necessary Work will be based on the number of units completed. corrections and resubmit the Application. 14 02 Progress Payments 2. ENGINEER's recommendation of any payment requested in an Application for A. Applications for Payments Payment will constitute a representation by ENGINEER to OWNER, based on 1. At least 20 days before the date ENGINEER's observations on the Site of the established for each progress payment(but not executed Work as an experienced and qualified more often than once a month), design professional and on ENGINEER's CONTRACTOR shall submit to ENGINEER for review of the Application for Payment and the review an Application for Payment filled out and accompanying data and schedules, that to the signed by CONTRACTOR covering the Work best of ENGINEER's knowledge, information completed as of the date of the Application and and belief- accompanied by such supporting documentation as is required by the Contract a. the Work has progressed to the point Documents. If payment is requested on the indicated, basis of materials and equipment not incorporated in the Work but delivered and b. the quality of the Work is generally in suitably stored at the Site or at another location accordance with the Contract Documents agreed to in writing, the Application for Payment (subject to an evaluation of the Work as a shall also be accompanied by a bill of sale, functioning whole prior to or upon invoice, or other documentation warranting that Substantial Completion, to the results of any OWNER has received the materials and equip- subsequent tests called for in the Contract ment free and clear of all Liens and evidence Documents, to a final determination of that the materials and equipment are covered quantities and classifications for Unit Price by appropriate property insurance or other Work under paragraph 9.08, and to any arrangements to protect OWNER's interest other qualifications stated in the therein, all of which must be satisfactory to recommendation); and OWNER. c. The conditions precedent to 2 Beginning with the second CONTRACTOR's being entitled to such Application for Payment, each Application shall payment appear to have been fulfilled in so include an affidavit of CONTRACTOR stating far as it is ENGINEER's responsibility to that all previous progress payments received observe the Work. on account of the Work have been applied on account to discharge CONTRACTOR's 3 By . recommending any such legitimate obligations associated with prior payment ENGINEER will not thereby be Applications for Payment. deemed to have represented that: (i) inspec- tions made to check the quality or the quantity 3 The amount of retainage with respect of the Work as it has been performed have to progress payments will be as stipulated in been exhaustive, extended to every aspect of the Agreement. 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\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)V\dmim\bid documents\Nlaster Contract Documents100700-General Conditions REV 5-10-13.doc parties that might entitle CONTRACTOR to be 1. Ten daysafter p eseflf^f�—off—, paid additionally by OWNER or entitle OWNER AppliGatieR for PayrneRt to- OWNER with to withhold payment to CONTRACTOR. ENGINEER's reEemmendatien, the—ameun 4 Neither ENGINEER's review of CONTRACTOR's Work for the purposes of due will be paid by OWNER tn CQNTR4CTQR recommending payments nor ENGINEER's recommendation of any payment, including final D Reduction in Payment payment, will impose responsibility on ENGINEER to supervise, direct, or control the 1 OWNER may refuse to make Work or for the means, methods, techniques, payment of the full amount recommended by sequences, or procedures of construction, or ENGINEER because. the safety precautions and programs incident thereto, or for CONTRACTOR's failure to a. claims have been made against comply with Laws and Regulations applicable to OWNER on account of CONTRACTOR's CONTRACTOR's performance of the Work. performance or furnishing of the Work; Additionally, said review or recommendation will not impose responsibility on ENGINEER to b Liens have been filed in connection make any examination to ascertain how or for with the Work, except where what purposes CONTRACTOR has used the CONTRACTOR has delivered a specific moneys paid on account of the Contract Price, Bond satisfactory to OWNER to secure the or to determine that title to any of the Work, satisfaction and discharge of such Liens; materials, or equipment has passed to OWNER free and clear of any Liens. c. there are other items entitling OWN- ER to a set-off against the amount 5 ENGINEER may refuse to recom- recommended, or mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to d. OWNER has actual knowledge of the make the representations to OWNER referred occurrence of any of the events enumerated to in paragraph 14 02.6.2. ENGINEER may in paragraphs 14.02.B.5.a through also refuse to recommend any such payment 14 02.B.5.c or paragraph 15 02.A. or, because of subsequently discovered evidence or the results of subsequent 2. If OWNER refuses to make payment inspections or tests, revise or revoke any such of the full amount recommended by payment recommendation previously made, to ENGINEER, OWNER must give such extent as may be necessary in CONTRACTOR immediate written notice (with ENGINEER's opinion to protect OWNER from a copy to ENGINEER) stating the reasons for loss because: such action and promptly pay CONTRACTOR any amount remaining after deduction of the a. the Work is defective, or completed amount so withheld. OWNER shall promptly Work has been damaged, requiring pay CONTRACTOR the amount so withheld, or correction or replacement; any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR b. the Contract Price has been reduced corrects to OWNER's satisfaction the reasons by Written Amendment or Change Orders, for such action c. OWNER has been required to correct 3 If it is subsequently determined that defective Work or complete Work in accor- OWNER's refusal of payment was not justified, dance with paragraph 13 09; or the amount wrongfully withheld shall be treated as an amount due as determined by paragraph d CAIGIAICCCJ Fix aGtual knowledge of 14 02.0 1. the OGGUrrenGe of any Gf the events eRumer . 1403 CONTRACTOR's Warranty of Title C Payment Becomes Due 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 F1Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)VWdmim\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc in the Project or not,will pass to OWNER no later than B. OWNER shall have the right to exclude the time of payment free and clear of all Liens. CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- 14.04 Substantial Completion TRACTOR reasonable access to complete or correct items on the tentative list. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall 14.05 Partial Utilization notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items A. Use by OWNER at OWNER's option of any specifically listed by CONTRACTOR as incomplete) substantially completed part of the Work which has and request that ENGINEER issue a certificate of specifically been identified in the Contract Documents, Substantial Completion. Promptly thereafter, or which OWNER, ENGINEER, and CONTRACTOR OWNER, CONTRACTOR, and ENGINEER shall agree constitutes a separately functioning and usable make an inspection of the Work to determine the part of the Work that can be used by OWNER for its status of completion. If ENGINEER does not consider intended purpose without significant interference with the Work substantially complete, ENGINEER will CONTRACTOR's performance of the remainder of notify CONTRACTOR in writing giving the reasons the Work, may be accomplished prior to Substantial therefore. If PhIGINIPPR seF}siders tie—Wom Completion of all the Work subject to the following substantially-semplete, EN pare and conditions. GempletiOR i.A.xhir_,h shall fix the date of Substantial 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to a tentative scs+ of i+emc +n he nmmple+ed nr nnrren+erl use any such part of the Work which OWNER befrefinalm ayment OWNER shall--ha`:e seven days believes to be ready for its intended use and substantially complete If CONTRACTOR rn-Ake wFi*nefl01*st,I„--to-ENGINEER as to aR„O agrees that such part of the Work is prey siens f the nertif^^+e ^r ^*^^tied list. if, substantially complete, CONTRACTOR will GGRsiderinn S„^h nhien+innc ENGINEER nnnnLvfes certify to OWNER and ENGINEER that such that the Work—is aet—sr6+ ;;ie:ITseFFIplete, part of the Work is substantially complete and GAI(_IAICCI? Well \A/I+hln 14 dys after submissinn of the request ENGINEER to issue a certificate of Substantial Completion for that part of the iR WFitiRg, t stacvm-g the FeaseRs—theFefbF. if, after Work. CONTRACTOR at any time may notify nnneir+er-,+innof n\^1NI�p'� nhiei++innc GnI�INIG�n OWNER and ENGINEER in writing that se......rs t#�e—`^,,.�F,�substantially Gemplete CONTRACTOR considers any such part of the €h'C�h:'€ERi'�, 1 tuothipr-said 14daysexesdte and Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certificate of Substantial Completion for that teRtative list of to be GIGImpleted GIF GGrreGted) part of the Work. Within a reasonable time after either such request, OWNER, FNIGINEFiR believes justified ^f+or nnncidera+inn of CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER Will deliver to OWNER and rnnlToer_ ENGINEER does not consider that part of the TOR a as to divisien Work to be substantially complete, ENGINEER Fespensibilities pendingfinal payment -between 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 and guarantees. Unless OWNPR and paragraph 14.04 will apply with respect to certification of Substantial Completion of that inform CAIGIAIPER in Writ inn prier to ENGINEER's part of the Work and the division of i6suing the definitive rGelptifiGate of Substantial Comple- responsibility in respect thereof and access +iOn ENGINEER'c aforesaid rennmmenl+e+inn lNill he thereto payment. 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\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)1Admim\bid documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc compliance with the requirements of paragraph furnish such a release or receipt in full, CON- 5 10 regarding property insurance. TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify 14.06 Final Inspection OWNER against any Lien A. Upon written notice from CONTRACTOR that B Review of Application and Acceptance the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final 1 If, on the basis of ENGINEER's inspection with OWNER and CONTRACTOR and will observation of the Work during construction notify CONTRACTOR in writing of all particulars in and final inspection, and ENGINEER's review which this inspection reveals that the Work is of the final Application for Payment and incomplete or defective. CONTRACTOR shall accompanying documentation as required by immediately take such measures as are necessary to the Contract Documents, ENGINEER is complete such Work or remedy such deficiencies. satisfied that the Work has been completed and CONTRACTOR's other obligations under 14 07 Final Payment the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of A. Application for Payment the final Application for Payment, indicate in writing ENGINEER's recommendation of 1. After CONTRACTOR has, in the payment and present the Application for opinion of ENGINEER, satisfactorily completed Payment to OWNER for payment. At the same all corrections identified during the final time ENGINEER will also give written notice to inspection and has delivered, in accordance OWNER and CONTRACTOR that the Work is with the Contract Documents, all maintenance acceptable subject to the provisions of and operating instructions, schedules, guaran- paragraph 14 09. Otherwise, ENGINEER will tees, Bonds, certificates or other evidence of return the Application for Payment to insurance certificates of inspection, marked-up CONTRACTOR, indicating in writing the record documents (as provided in paragraph reasons for refusing to recommend final 6.12), and other documents, CONTRACTOR payment, in which case CONTRACTOR shall may make application for final payment follow- make the necessary corrections and resubmit ing the procedure for progress payments. the Application for Payment. 2. The final Application for Payment C Payment Becomes Due shall be accompanied (except as previously delivered) by- (i) all documentation called for in 4. ThiF*�ys-after the ptiseetatiPA-ta the Contract Documents, including but not CANNI-ER ef the AppliGatiG)R fop Payment and limited to the evidence of insurance required by subparagraph 5 04 B 7; (ii) consent of the rcnnm monrlorl F�„ CAI(_IAIFFR Will {lnnnmo . lie surety, if any, to final payment; and (iii) and, when due, wall be paid by OWNER to complete and legally effective releases or CONITRACT waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection 14.08 Final Completion Delayed with the Work. A. If, through no fault of CONTRACTOR, final 3. In lieu of the releases or waivers of completion of the Work is significantly delayed, and if Liens specified in paragraph 14 07.A.2 and as ENGINEER so confirms, OWNER shall, upon receipt approved by OWNER, CONTRACTOR may of CONTRACTOR's final Application for Payment and furnish receipts or releases in full and an recommendation of ENGINEER;and without terminat- affidavit of CONTRACTOR that: (i)the releases ing the Agreement, make payment of the balance due and receipts include all labor, services, for that portion of the Work fully completed and material, and equipment for which a Lien could accepted If the remaining balance to be held by be filed, and (ii) all payrolls, material and OWNER for Work not fully completed or corrected is equipment bills, and other indebtedness less than the retainage stipulated in the Agreement, connected with the Work for which OWNER or and if Bonds have been furnished as required in OWNER's property might in any way be paragraph 5 01, the written consent of the surety to responsible have been paid or otherwise satis- the payment of the balance due for that portion of the fied If any Subcontractor or Supplier fails to Work fully completed and accepted shall be submitted 00700-General Conditions REV 5-10-13.doc 00700-42 FAPublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc by CONTRACTOR to ENGINEER with the Application under paragraph 2.07 as adjusted from time to for such payment. Such payment shall be made time pursuant to paragraph 6 04); under the terms and conditions governing final payment, except that it shall not constitute a waiver of 2. CONTRACTOR's disregard of Laws Claims or Regulations of any public body having jurisdiction; 1409 Waiver of Claims 3 CONTRACTOR's disregard of the A. The making and acceptance of final payment authority of ENGINEER, or will constitute. 4. CONTRACTOR's violation in any 1. a waiver of all Claims by OWNER substantial way of any provisions of the against CONTRACTOR, except Claims arising Contract Documents. from unsettled Liens, from defective Work appearing after final inspection pursuant to B. If one or more of the events identified in paragraph 14.06, from failure to comply with the paragraph 15 02.A occur, OWNER may, after giving Contract Documents or the terms of any special CONTRACTOR (and the surety, if any) seven days guarantees specified therein, or from written notice, terminate the services of CONTRACTOR's continuing obligations under CONTRACTOR, exclude CONTRACTOR from the the Contract Documents; and Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction 2. a waiver of all Claims by CONTRAC- equipment, and machinery at the Site, and use the TOR against OWNER other than those same to the full extent they could be used by previously made in writing which are still CONTRACTOR (without liability to CONTRACTOR for unsettled. trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which ARTICLE 15 - SUSPENSION OF WORK AND are stored elsewhere, and finish the Work as OWNER TERMINATION 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 15 01 OWNER May Suspend Work Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and A. At any time and without cause, OWNER may charges of engineers, architects, attorneys, and other suspend the Work or any portion thereof for a period professionals and all court or arbitration or other of not more than 90 consecutive days by notice in dispute resolution costs) sustained by OWNER arising writing to CONTRACTOR and ENGINEER which will out of or relating to completing the Work, such excess fix the date on which Work will be resumed CON- will be paid to CONTRACTOR. If such claims, costs, TRACTOR shall resume the Work on the date so losses, and damages exceed such unpaid balance, fixed CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their 6UspeR6i9R if GONTRACTOR makes a Claim therefor reasonableness and, when so approved by as provided in paragFaph . ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this 15 02 OWNER May Terminate for Cause paragraph OWNER shall not be required to obtain the lowest price for the Work performed A. The occurrence of any one or more of the following events will justify termination for cause. C Where CONTRACTOR's services have been so terminated by OWNER, the termination will not 1. CONTRACTOR's persistent failure affect any rights or remedies of OWNER against to perform the Work in accordance with the CONTRACTOR then existing or which may thereafter Contract Documents (including, but not limited accrue Any retention or payment of moneys due to, failure to supply sufficient skilled workers or CONTRACTOR by OWNER will not release CON- suitable materials or equipment or failure to TRACTOR from liability adhere to the progress schedule established 00700-General Conditions REV 5-10-13.doc 00700-43 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc 15.03 OWNER May Terminate For Convenience Application for Payment within 30 days after it is submitted, 9F OWNER has failed for 30 day6 to pay A. Upon seven days written notice to CON- CONTRACTOR any sum finally determined to be due, TRACTOR and ENGINEER, OWNER may, without CONTRACTOR may, seven days after written notice cause and without prejudice to any other right or to OWNER and ENGINEER, stop the Work until remedy of OWNER, elect to terminate the Contract. payment is made of all such amounts due In such case, CONTRACTOR shall be paid (without CONTRACTOR, including interest thereon The duplication of any items) provisions of this paragraph 15 04 are not intended to preclude CONTRACTOR from making a Claim under 1. for completed and acceptable Work paragraph 10 05 for an adjustment in Contract Price executed in accordance with the Contract or Contract Times or otherwise for expenses or Documents prior to the effective date of damage directly attributable to CONTRACTOR's termination, including fair and reasonable sums stopping the Work as permitted by this paragraph. for overhead and profit on such Work; 2. for expenses sustained prior to the ARTICLE 16 - DISPUTE RESOLUTION effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract 16.01 Methods and Procedures Documents in connection with uncompleted Work, plus fair and reasonable sums for A. Dispute resolution methods and procedures, if overhead and profit on such expenses; any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set 3 for all claims, costs, losses, and forth, and subject to the provisions of paragraphs 9 09 damages (including but not limited to all fees and 10.05, OWNER and CONTRACTOR may and charges of engineers, architects, attorneys, exercise such rights or remedies as either may and other professionals and all court or otherwise have under the Contract Documents or by arbitration or other dispute resolution costs) in- Laws or Regulations in respect of any dispute. curred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and ARTICLE 17 - MISCELLANEOUS 4 for reasonable expenses directly attributable to termination. 17.01 Giving Notice B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- A. Whenever any provision of the Contract nomic loss arising out of or resulting from such Documents requires the giving of written notice, it will termination. be deemed to have been validly given if delivered in person to the individual or to a member of the firm or 15 04 CONTRACTOR May Stop Work or to an officer of the corporation for whom it is intended, Terminate or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known A. If, through no act or fault of CONTRACTOR, to the giver of the notice. the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other 17.02 Computation of Times public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is A. When any period of time is referred to in the submitted, Contract Documents by days, it will be computed to then exclude the first and include the last day of such CONTRACTOR may, upon seven days written notice period If the last day of any such period falls on a to OWNER and ENGINEER, and provided OWNER Saturday or Sunday or on a day made a legal holiday or ENGINEER do not remedy such suspension or by the law of the applicable jurisdiction, such day will failure within that time, terminate the Contract and be omitted from the computation. recover from OWNER payment on the same terms as provided in paragraph 15 03 In lieu of terminating the 17 03 Cumulative Remedies Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an 00700-General Conditions REV 5-10-13.doc 00700-44 F1Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th SQ)Admim\bid documentsWaster Contract Documents100700-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\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vadmim\bid documents\Master 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 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 LAP rev.doc 00800 iF 1Public WorksIENGINEERING DIVISION PROJECTS1084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)1Hdmimlbid documentslLAP Documents\00800- Supplementary Conditions LAP rev.doc Final Payment SC — 14.07 OWNER May Suspend Work SC — 15 01 OWNER May Terminate For Cause SC — 15.02 CONTRACTOR 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 LAP rev.doc 00800 IIF\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documentsUAP Documents\00800- Supplementary Conditions LAP 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 Construction Coordination Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in 00800-1 00800-Supplementary Conditions LAP rev.doc 00800 1 FAPublic WorksXENGINEERING DIVISION PROJECTSM4513-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmimlbid documentsLLAP Documents%00800- Supplementary Conditions LAP rev.doc paragraph 2 05.6, procedures for handling Shop Drawings and other submittals, and maintaining required records. Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. SC-3.06 Coordination of Plans, Specifications, and Special Provisions SC-3.06 Add the following new paragraphs immediately after paragraph GC-3.05: SC-3.06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows: 1. Written Interpretations 2. Addenda 3. Specifications 4. Supplementary Conditions to the General Conditions 5. General Conditions 6. Approved Shop Drawings 7. Drawings 8. Referenced Standards. B. Written/computed dimensions shall govern over scaled dimensions. SC-4.02 Subsurface and Physical Conditions SC-4.02 Add the following new paragraphs immediately after paragraph GC-4.02.8: C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: Roadway Soil Survey— Old Dixie Highway Sidewalk from 38"' Lane to 45th Street. D Reports and drawings itemized in SC-4.02.0 are not included with the Bidding Documents. Copies may be examined at Indian River County Administration Building, Public Works, 1801 27th Street, Vero Beach, FL 32960 during regular business hours. These reports and drawings are not part of the Contract Documents SC-5.01 Performance, Payment and Other Bonds SC-5 01.A. Delete paragraph GC-5.01.A in its entirety and insert the following paragraphs in its place: 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 00800-2 00800-Supplementary Conditions LAP rev.doc 00800 217APublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th SI)Wdmim\bid documents\LAP Documents\00800- Supplementary Conditions LAP rev.doc 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: 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 °AII 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. 00800-3 00800-Supplementary Conditions LAP rev.doc 00800 3FAPublic Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)VAdmim\bid documents\LAP Documents\00800- Supplementary Conditions LAP rev.doc 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 a 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. NONE b. C. SC-5.05 OWNER's Liability Insurance SC-5.05 Delete paragraph GC-5.05.A in its entirety. SC-5.06 Property Insurance SC-5.06 Delete paragraphs GC-5.06.A, B, and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of loss 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); 00800-4 00800-Supplementary Conditions LAP rev.doc 00800 4F\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vldmim\bid documents\LAP Documents\00800- Supplementary Conditions LAP rev.doc 4 cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. SC-5.06.E Delete paragraph GC-5.06.E in its entirety and insert the following in its place: E. Additional Insureds: 1. The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's property insurance policies- a. Indian River County, Florida b. (LICENSE AGREEMENT TO ACCESS PROPERTY) 3900 Group, LLC 146056 th Sq. West, Vero Beach, Florida 32966 (Site address: 4001 U.S. Highway 1) 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.A. Add the following paragraphs immediately after paragraph GC-6.02.A: 1. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of all persons employed by the Contractor during the term of the Contract to perform employment duties within Florida and all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the Contract with the Department. 00800-5 00800-Supplementary Conditions LAP rev.doc 00800 5F-\Public Works\ENGINEERING DIVISION PROJECTSl0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vadmimibid documentsWlP Documents\00800- Supplementary Conditions LAP rev.doc SC-6.02.6. Add the following paragraphs immediately after paragraph GC-6.02.8: 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 Day and the day after Christmas. 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: B. The OWNER has obtained the following permits (copies of these permits are contained in Appendix "A"): None C. The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. D. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. 00800-6 00800-Supplementary Conditions LAP rev doc 00800 6F 1Public Works\ENGINEERING DIVISION PROJECTSM4513-Old Dixie Hwy Sidewalk(38th Ln-45th SI)Wdmimtbid documentsX AP Documents\00800- Supplementary Conditions LAP rev.doc SC-13.03 Test and Inspections SC-13 03.B. Delete the first sentence of paragraph GC-13.03.8 in its entirety, and insert the following sentences in its place: B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests, or approvals required by the Contract Documents except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. The CONTRACTOR shall arrange, obtain, and pay for the following inspections, tests, or approvals: 1. inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.13 shall be paid as provided in said paragraph 13.04.13; 3. tests otherwise specifically provided in the Contract Documents. 13.05 OWNER May Stop the Work SC-13.05.A. Delete paragraph GC-13.05.A in its entirety and insert the following paragraph in its place: A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 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. 00800-7 00800-Supplementary Conditions LAP rev.doc 00800 7F\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\LAP Documents\00800- Supplementary Conditions LAP rev.doc 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. 14.02 Progress Payments SC-14.02.8.5. Delete paragraph GC-14.02.B.5.d in its entirety and insert the following paragraph in its place: d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A; or SC-14.02 B.5 Add the following sentences at the end of paragraph GC-14.02.B.5: e. OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for 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 00800-8 00800-Supplementary Conditions LAP rev doc 00800 8FAPublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\LAP Documents\00800- Supplementary Conditions LAP rev.doc 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 14.048: C. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees SC-14.07 Final Payment SC-14.07.C.1. Delete paragraph GC-14.07.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 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 loss 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: OF OWNER fails fGF 30 days to pay GONTRAGTOR any sum fiRally deteFmined te be due-, 00800-9 00800-Supplementary Conditions LAP rev.doc 00800 9F-Tublic Works\ENGINEERING DNISION PROJECTSM45B-Old Dixie Hwy Sidewalk(38th Ln-45th St)W.dmimtbid documents\LAP Documents\00800- Supplementary Conditions LAP rev.doc SC-15.04 Delete the following text from the second sentence of paragraph GC-15.04.A: SCA6 DISPUTE RESOLUTION SCA 6.02 Mediation SC-16 Add the following new paragraph immediately after paragraph GC-16.01. SC-16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19"' 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 GC 17.05: SC-17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name), pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub- subcontract hereunder." The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++END OF SUPPLEMENTARY CONDITIONS++ 00800-10 00800-Supplementary Conditions LAP rev.doc 00800 I OF1Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid doaanents\LAP Documents\00800- Supplementary Conditions LAP rev.doc i SECTION 00942 - Change Order Form No. DATE OF ISSUANCE- EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: Old Dixie Highway Sidewalk Improvements, 38th Lane to 45th Street OWNER's Project No. 0845B ENGINEER's Bid No. 2014032 FM No. 423186-2-58-01 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: CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time. (days or dates) Substantial Completion. Final Completion Net Increase (Decrease)from $ Net change from previous Change previous Change Orders No Orders No to (days) to Substantial Completion: Final Completion. Contract Price prior to this $ Contract Time prior to this Change Change Order: Order (days or dates) Substantial Completion. Final Completion. Net increase (decrease) of this $ Net increase (decrease) this Change Order: Change Order: (days or dates) Substantial Completion: Final Completion* Contract Price with all approved $ Contract Time with all approved Change Orders: Change Orders: (days or dates) Substantial Completion Final Completion ACCEPTED: RECOMMENDED: APPROVED. By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: Date: Date 00942-Change Order Form REV 04-07.doc 00942-1 F.1Public Works\ENGINEERING DIVISION PROJECTSM4513-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmimlbid documentsWaster Contract Documents100942- Change Order Fonn REV 04-07.doc Rev 05/01 r SECTION 00946 - Field Order Form Field Change No.: DATE OF ISSUANCE- EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: Old Dixie Hiqhway Sidewalk Improvements, 38th Lane to 45th Street OWNER's Project No. 0845B ENGINEER's Bid No. 2014032 FM No. 423186-2-58-01 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.doc FAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\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: Old Dixie Highway Sidewalk Improvements, 38th Lane to 45th Street OWNER's Contract No. 0845B Bid No. 2014032 FM No. 423186-2-58-01 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 ❑Contractor's Records j]Lump Sum ❑ Engineer's Records ❑Other: ❑Other: ❑By Change Order ❑ By Change Order- Estimated rderEstimated 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 RECOMMENDED. APPROVED: By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: Date: Date: * * END OF SECTION F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\00948-Work Change Directive Rev 06-2013.doc DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO. SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01340 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01520 PROTECTION OF THE WORK AND PROPERTY 01541 ACCESS ROADS, PARKINGS AREAS AND USE OF PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS 01610 AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION 01820 F-\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\DIVISION 1 GENERAL REQUIREMENTS.doc SECTION 01009 SPECIAL PROVISIONS 1.1 GENERAL A. Visits to the construction site may be made by representatives of permitting or governing bodies. Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction. B. Furnish sufficient labor, construction equipment and materials, and work such hours, including night shifts and overtime operations, as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule. If, in the opinion of the ENGINEER, the CONTRACTOR falls behind the progress schedule, take such steps as may be necessary to improve progress, all without additional cost to the OWNER. The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions, SC-6.02. C. All salvageable material and equipment for which specific use, relocation or other disposal is not specifically noted, shall remain the property of the OWNER and shall be delivered to the OWNER at the following location: 4550 41St Street, at the CONTRACTOR's expense. All material and equipment not in salvageable condition, as determined by the ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CONTRACTOR's expense. D. In addition to these Specifications all work must comply with the requirements of the local governing agency, St. Johns River Water Management District, Department of Environmental Protection, Army Corps of Engineers, Indian River Farms Water Control District, and all other applicable State or Federal agencies' specifications and permits. In the event of a conflict, the more stringent specification or requirement shall govern. E. Before performing any work outside the designated limits of the work site, secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained. Follow all requirements of any said permits or authorization. Give the ENGINEER and appropriate owner ten (10) days minimum notice before commencing construction operations outside the designated limits of the work site. 01009-1 01009-Special Provisions F•\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\01009-Special Provisions.doc SECTION 01024 FORCE ACCOUNT 1.1 General CONTRACTOR shall furnish all labor, materials, equipment and incidentals necessary to perform additional work not covered on the Contract Drawings. The force Account is intended as a contingency for unforeseen work. 1_1 PAYMENT A. Lump sum amount for force account work is included in the bid schedule. The value of force account work will be determined in accordance with Article 12 of the General Conditions. + + END OF SECTION + + 01024- 1 F•\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\01024-Force Account.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1.1 GENERAL A. The CONTRACTOR will furnish all construction staking for the project. All staking from control will be under the supervision of a Florida Registered Land Surveyor. B. Develop and make all detail surveys and measurements needed for construction including but not limited to, slope stakes, batter boards, piling layouts and all other working lines, elevations and cut sheets. C. Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work. D. Provide all material required for benchmarks, control points, batter boards, grade stakes, and other items. E. Be solely responsible for all locations, dimensions and levels. No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings. F. Safeguard all points, stakes, grademarks, monuments and benchmarks made or established on the Work, and reestablish same, if disturbed. Rectify all Work improperly installed because of not maintaining, not protecting or removing without authorization such established points, stakes, marks and monuments. G. When requested by the ENGINEER, provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR. Do no excavation or embankment work until all cross-sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER. H. The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. 1.2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A. Prior to commencing work, the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents. Immediately notify the ENGINEER upon discovery of any errors, inaccuracies or omissions in the survey data. The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or existing site information is correct and accurate, without any reasonably inferable errors, inaccuracies or omissions. 1050-1 01050 Field Engineering F1Public Works\ENGINEERING DIVISION PROJECTSt0845B-Old Dixie Hwy Sidewalk(38th Ln-45th SI)XAdmimtbid documentsWlaster Contract Documentsl01050-Field Engineering.doc B. The CONTRACTOR shall carefully preserve all control stakes, benchmarks, reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance. If the loss or disturbance of the stakes or marks cause a delay in the Work, the CONTRACTOR shall have no claim for damages or extension of time. Control stakes, benchmarks, reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land Sur- veyor and Mapper, at the CONTRACTOR's expense. In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work, the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract. C. All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D. All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. 1.3 STATION BOARDS A. CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet. 1.4 LAYOUT OF STRIPING Establish by instrument, and mark the finished surface, the points necessary for striping finished roadway in conformance with Section 5-7 of FDOT Standard Specifications. + + END OF SECTION + + 1050-2 01050 Field Engineering F\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWaster Contract Documents\01050-Field Engineering.doc i SECTION 01091 REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization or body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the date of advertisement for bids, unless noted otherwise in the Technical Specifications or on the Drawings. When a reference standard is specified, comply with requirements and recommendations stated in that standard, except when they are modified by the Contract Documents, or when applicable laws, ordinances, rules, regulations or codes establish stricter standards. The list of specifications presented in Paragraph B is hereby made a part of the Contract, the same as if repeated herein in full. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED.SPEC. Federal Specifications 01091-1 01091 Reference Standards F\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documentsWtaster Contract Documents\01091- Reference Standards.doc CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/DOT Florida Department of Transportation U. L., Inc. Underwriter's Laboratories, Inc. SSPC Steel Structures Painting Council SJRWMD St. Johns River Water Management District C. When no reference is made to a code, standard or specification, the standard specifications of ASTM, FDOT, or ANSI shall govern. D. In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards, or any other regulatory specification or standard, the more stringent requirement prevails. + + END OF SECTION + + 01091-2 01091 Reference Standards F-\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)%dmim\bid documents\Master Contract Documents\01091- Reference Standards.doc i SECTION 01215 GENERAL QUALITY CONTROL 1.1 DESCRIPTION OF REQUIREMENTS A. Definitions: Specific quality control requirements for the work are indicated throughout the Contract Documents. The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products. The term "Quality Control" includes, but is not necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance. 1.2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A. Residual OWNER Responsibility: The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests. B. CONTRACTORS General Responsibility: No failure of test agencies, whether engaged by the OWNER or CONTRACTOR, to perform adequate inspections of tests or to properly analyze or report results, shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents. It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR, OWNER, ENGINEER, and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work. The program is not intended to limit the CONTRACTOR in his regular quality control program, as needed for general assurance of compliance. 1.3 QUALITY ASSURANCE A. General Workmanship Standards: It is a requirement that each category of tradesman or installer performing the work be pre-qualified, to the extent of being familiar with the applicable and recognized quality standards for his category of work, and being capable of workmanship complying with those standards. 1.4 PRODUCT DELIVERY-STORAGE-HANDLING Handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and losses (and resulting delays), thereby ensuring highest quality results as the performance of the work progresses. Control delivery schedules so as to minimize unnecessary long-term 01215-1 01215 General Quality Control F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)W,dmim\bid documentsWlaster Contract Documents\01215 General Quality.doc storage at the project site prior to installation. 1.5 PROJECT PHOTOGRAPHS/VIDEOS 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\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documentsWlaster 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 DNISION PROJECTS\08456 - Old Dixie Hwy Sidewalk (38th Ln -45th St)\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 FAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\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\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Mrnim\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\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documentsWaster 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\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)1Hdmim\bid documents\Master 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.doc 01340-3 F-\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documentsWlaster 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 ❑ Re-Submittal Project Name: Old Dixie Highway Sidewalk Improvements, 38th Lane to 45th Street Project No.: 08458 ❑ 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 Date Rec'd from Contractor Date Ret'd to Contractor 1801 27th Street No. Copies Ret'd Vero Beach, FI. 32960 Remarks: Distribution of Copies: IRC Engineering Division Office File Field Office File 01340-Submittal of Shop Drawings.doc 01340-4 F-\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Nlaster 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\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master 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. All costs to ENGINEER involved with subsequent submittals of Shop Drawings, Samples or other items requiring approval, will be back-charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions. If the CONTRACTOR requests a substitution for a previously approved item, all of ENGINEER'S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + 01340-Submittal of Shop Drawings.doc 01340-6 P\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\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\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\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\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\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\08456 - Old Dixie Hwy Sidewalk (38th Ln - 45th St)\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 Old Dixie Highway 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\08458 - Old Dixie Hwy Sidewalk (38th Ln - 45th St)\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 shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 01541-3 F\Public Works\ENGINEERING DIVISION PROJECTS\084513 - Old Dixie Hwy Sidewalk (38th Ln - 45th St)\Admim\bid documents\Master Contract Documents\01541 - Protection of Property doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 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\08456 - Old Dixie Hwy Sidewalk (38th Ln - 45th St)Wdmim\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\08456 - Old Dixie Hwy Sidewalk (38th Ln - 45th St)\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. 01550 Access Roads 01550-1 F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\01550- Access Roads.doc i SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS B. All trucks carrying earth shall be covered while moving with an appropriate tarpaulin. Should trucks hauling earth fail to cover their loads, the CONTRACTOR will be given two (2) written warnings, after which the CONTRACTOR shall pay a fine of $50 per uncovered truck to the Owner when invoked by the Owner to Owner's Engineer. All cleanup shall be the responsibility of the CONTRACTOR. C. All trucks/moving equipment shall have backup warning horns in proper working order while on the job site. + + END OF SECTION + + 01550 Access Roads 01550-2 F1Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master 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\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\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\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster 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 manufacturer's 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\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\01611 -Storage of Materials.doc SECTION 01630 SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and Or-Equals," of the General Conditions, and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents. 1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select product meeting that standard by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. B. For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equivalent," submit a request for a substitution for any product or manufacturer which is not specifically named. D. For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted, there is no option and no substitution will be allowed. E. Where more than one choice is available as a CONTRACTOR's option, select product which is compatible with other products already selected or specified. 1.3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time, ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers, and construction methods (if specified). 1. After end of specified period, requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR. B. Submit 5 copies of Request for Substitution. Submit a separate request for each substitution. In addition to requirements set forth in Article 6.05 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\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\01630-Substitutions.doc i i c. Samples, if appropriate. d. Name and address of similar projects on which product was used, and date of installation. 2. For construction methods (if specified): a. Detailed description of proposed method. b. Drawings illustrating method. 3. Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product, manufacturer or method specified. C. In making Request for Substitution, CONTRACTOR represents that: 1. CONTRACTOR has investigated proposed substitution, and deter- mined that it is equal to or superior in all respects to the product, manufacturer or method specified. 2. CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product, manufacturer, or method specified. 3. CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent. D. A proposed substitution will not be accepted if: 1. Acceptance will require changes in the design concept or a substantial revision of the Contract Documents. 2. It will delay completion of the Work, or the work of other contractors. 3. It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR. E. If the ENGINEER determines that a proposed substitute is not equal to that specified, furnish the product, manufacturer, or method specified at no additional cost to OWNER. F. Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents. G. The procedure for review by Engineer will include the following: 1. Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR. 2. Upon receipt of an application for review of a substitution, Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item. 3. If the substitution will not require a more extensive review, Engineer will proceed with the review without additional cost to CONTRACTOR. 01630-2 01630 Substitutions FAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documentsWlaster 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\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\01630-Substitutions.doc SECTION 01710 SITE CLEANUP AND RESTORATION 1.1 SCOPE Furnish all labor, equipment, appliances, and materials required or necessary to clean up and restore the site after the construction is completed. 1.2 REQUIREMENTS A. During the progress of the project, keep the work and the adjacent areas affected thereby in a neat and orderly condition. Remove all rubbish, surplus materials, and unused construction equipment. Repair all damage so that the public and property owners will be inconvenienced as little as possible. B. Provide onsite containers for the collection of waste materials, debris, and rubbish and empty such containers in a legal manner when they become full. C. Where material or debris has been deposited in watercourses, ditches, gutters, drains, or catch-basins as a result of the CONTRACTOR's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the ditches, channels, drains, etc., shall be kept clean and open at all times. D. Before the completion of the project, unless otherwise especially directed or permitted in writing: 1. Tear down and remove all temporary buildings and structures; 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbish from any grounds occupied; and 4. Leave the roads, all parts of the premises, and adjacent property affected by construction operations, in a neat and satisfactory condition. E. Restore or replace any public or private property damaged by construction work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of the operations. To this end, the CONTRACTOR shall restore all highway, roadside, and landscaping work within any right-of-way, platted or prescriptive. Acceptable materials, equipment and methods shall be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new- appearing condition. 01710 Site Cleanup 01710-1 F'\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\017 1 0-Site Cleanup.doc G. It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed, destroyed, or damaged during construction. Particular attention will be placed on restoration of canals to equal or better condition than prior to construction. H. When finished surfaces require cleaning with cleaning materials, use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. I. Keep the amount of dust produced during construction activities to a minimum. At CONTRACTOR's expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, ENGINEER, and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. + + END OF SECTION + + 01710 Site Cleanup 01710-2 F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Hdmim\bid documentsWlaster Contract Documents\01710-Site Cleanup.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. * * END OF SECTION 001820-Post Final Inspection rev 05-13.doc 001820- 1 FAPublic Works\ENGINEERING DIVISION PROJECTS10845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\001820-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. 00110 Clearing and Grubbing SECTION NO. 00120 Earthwork and Related Operations for Local Agencies (LAP SPECIFICATION) SECTION NO. 00286 Turnout Construction SECTION NO. 00344 Local Agency Program Concrete (LAP SPECIFICATION) SECTION NO. 00350 Cement Concrete Pavement SECTION NO. 00425 Inlets, Manholes and Junction Boxes SECTION NO. 00522 Concrete Sidewalk SECTION NO. 00527 Detectable Warning on Existing Sidewalk SECTION NO. 00570 Performance Turf SECTION NO. 00700 Highway Signing SECTION NO. 00706 Raised Retro-Reflective Pavement Markers SECTION NO. 00711 Thermoplastic Traffic Stripes and Markings F-\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\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, 2013, 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 line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings, Signing & Geometrics Dated July, 2011. 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. (2013 Edition) PART 1 - GENERAL 1.01 The work specified in this section shall include: A. Record/As-Built Drawings shall be done and conform to Section 108 of the Technical Specifications and included in Mobilization. B. Field engineering and layout shall be in conformance to Section 01050, Field Engineering and Layout of Division 1, General Requirements. C. Public Construction Bond shall be done and conform to Section 00610—Public Construction Bond D. Trench Safety Compliance (Over 5') shall be done and comply to Section 00454 01025-1 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc — Sworn Statement under the Florida Trench Safety Act E. Trench Safety Compliance (Shoring)shall be done and comply to Section 00454 — Sworn Statement under the Florida Trench Safety Act 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. 01025-2 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc 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. 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 I 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 Ver.2009 ) 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). 01025-3 Technical Specifications FAIDublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc I 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. 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. 01025-4 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i 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 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. 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 AutoCAD 2009 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. 01025-5 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc i D. All Record/As-Built drawings are subject to review and approval by County Surveyor. 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. [The remainder of this page was left blank intentionally] 01025-6 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc i Board of Professional Surveyors and Mappers Record As-Built Survey Checklist Lic. Name Date: Project Name: Old Dixie Highway Sidewalk Improvements 38th Lane to 45th Street Project No.: 0845B 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 01025-7 Technical Specifications FAIDublic Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i 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." ❑ Q) 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. ❑ (1) 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: 01025-8 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master 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. 01025-9 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vidmim\bid documents\Master Contract Documents\Technical Specifications.doc ❑ (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. [The remainder of this page was left blank intentionally] 01025-10 Technical Specifications F•\Public Works\ENGINEER]NG DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 101-1 - Mobilization - Lump Sum 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 (2013 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. 01025-11 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at nighttime, of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design Construction, Maintenance and Utility Operations On The State Highway System, Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are 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 Old Dixie Highway at all times. 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 01025-12 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documentsWtaster 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 01025-13 Technical Specifications FAIDublic Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\Technical Specifications.doc 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 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. Johns 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 01025-14 Technical Specifications FAIDublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i 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. 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 1.6.13, 1.6.C, 01025-15 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc 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 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 Contractorwill 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 less 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 01025-16 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc 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. 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. 01025-17 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\Technical Specifications.doc a. Parker Systems, Inc.(1-866-472-7537),model Type II or Type I b. Or equivalent. D. Sedimentation Control From Dewaterinq or Pumping Operations Using Filter Bags 1. Remove silt, sediment, and other particles from dewatering or pumping applications using a filter bag. The bag shall be manufactured using a polypropylene non-woven geotextile and sewn by a double-needle machine, using a high strength nylon thread. The bag shall have a fill spout large enough to accommodate a 4-inch pump discharge hose. Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many filter bags as required, at no additional cost to the OWNER. 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 01025-18 Technical Specifications F1Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc 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. 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 large 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. I. 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. 104-1 — Prevention, Control and Abatement of Erosion and Water Pollution — Lump Sum [The remainder of this page was left blank intentionally] 01025-19 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc CONTRACTOR'S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to Indian River County Project No. 0845B for Old Dixie Highway Sidewalk Improvements, 38th Lane to 45th Street. STATE OF COUNTY OF Personally before me the undersigned authority, appeared who upon oath duly administered, stated as follows: 1. This sworn statement is submitted by the CONTRACTOR 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 Owners Agent, attach Letter of Authorization to Sign from Owner) 3. 1 understand and agree 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. 1 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 01025-20 Technical Specifications F1Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Nlaster Contract Documents\Technical Specifications.doc 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 with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law." 5. 1 understand and agree 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. 1 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. 1 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] 01025-21 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master 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. FURTHER AFFIANT SAYETH NAUGHT Contractor: Authorized Signature: (If signing as Owners Agent, attach Letter of Authorization to Sign from Owner) Printed Name: Date: 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 + + 01025-22 Technical Specifications F\Public Works\ENGINEER]NG DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc 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. (2013) with the following modifications: A. Prior to any clearing and grubbing, the contractor will stake the right-of-way. Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetation, rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected. Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade. No stumps, roots, or perishable matter of any description shall remain under concrete slabs or footing, including pavement and sidewalks. B. No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved, after a review of the project site with the Contractor's representative. C. Where the final pavement or structural work will be close to existing trees, the Contractor shall exercise care in the vicinity of the trees. Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization, structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots. If directed by the Engineer or where shown on the drawings, work shall be done by hand in order to protect the trees. D. The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures. The Contractor shall not pull hair or major root structures. All severed roots shall be sawn clean and paint with pruning paint. Stumps, roots, etc., shall be completely removed and disposed of by the Contractor. Undesirable, dead, and/or damaged trees (as so designated by the Engineer) shall be removed. E. All trees to be removed shall be disposed off site; burning will be strictly prohibited. F. All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required, this work shall be done in cooperation with the Owner and 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\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\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 110-4 — Removal of Existing Concrete Pavement— Per Square Yard Bid Item 110-7 — Mailbox (Relocation) — Lump Sum SECTION 120 EARTHWORK AND RELATED OPERATIONS FOR LOCAL AGENCIES 120-1 Description. 120-1.1 General: Perform Earthwork and Related Operations based on the type of work specified in the Contract and the Earthwork Categories as defined below. Meet the applicable requirements for materials, equipment and construction as specified. Earthwork and Related Operations consists of excavation for the construction of the roadway, excavation for structures and pipe, constructing backfill around structures and pipe, and constructing embankments as required for the roadway, ditches, and channel changes. 01025-24 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc 120-1.2 Earthwork Categories: Performance of Earthwork Operations will fall into one of the following Earthwork Categories: 120-1.2.1 Earthwork Category 1: Includes the earthwork and related operations associated with the construction of sidewalks and bike paths along with any drainage structures associated with these facilities. 120-1.2.2 Earthwork Category 2: Includes the earthwork and related operations associated with the construction of turn lanes and other non-mainline traffic lanes, widening, roadway shoulders, concrete box culverts, retaining walls, and other drainage structures on the non-mainline pavement. 120-1.2.3 Earthwork Category 3: Includes the earthwork and related operations associated with the construction of new mainline pavement, along with concrete box culverts, retaining walls, and other drainage structures on the mainline pavement. 120-2 Classes of Excavation. 120-2.1 Excavation of Unsuitable Material: Excavation of unsuitable material consists of the removal of muck, clay, rock or any other material that is unsuitable in its original position and that is excavated below the finished grading template. For stabilized bases and sand bituminous road mixes, the finished grading template is the top of the finished base, shoulders and slopes. For all other bases and rigid pavement, the finished grading template is the finished shoulder and slope lines and bottom of completed base or rigid pavement. 120-2.2 Lateral Ditch Excavation: Lateral Ditch Excavation consists of all excavation of inlet and outlet ditches to structures and roadway, changes in channels of streams, and ditches parallel to the roadway right-of-way. Dress lateral ditches to the grade and cross- section shown in the plans. 120-2.3 Channel Excavation: Channel Excavation consists of the excavation and satisfactory disposal of all materials from the limits of the channel as shown in the plans. 120-2.4 Excavation for Structures and Pipe: Excavation for Structures consists of the excavation for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 120-3 Excavation Requirements. 120-3.1 Excavation and Replacement of Unsuitable Materials: Where rock, muck, clay, or other material within the limits of the roadway is unsuitable in its original position, excavate such material to the cross-sections shown in the plans or indicated by the Engineer, and backfill with suitable material. Shape backfill materials to the required cross-sections. Where the removal of plastic soils below the finished earthwork grade is required, meet a construction tolerance of ± 0.2 foot in depth and ± 6 inches (each side) in width. 120-3.2 Lateral Ditch Excavation: Excavate inlet and outlet ditches to structures and roadway, changes in channels of streams and ditches parallel to the roadway. Dress lateral ditches to the grade and cross-section shown in the plans. 120-3.3 Channel Excavation: Excavate and dispose of all materials from the limits of the channel as shown in the plans. Excavate for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 01025-25 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Nlaster Contract Documents\Technical Specifications.doc 120-3.4 Excavation for Structures and Pipe. 120-3.4.1 Requirements for all Excavation: Excavate foundation pits to permit the placing of the full widths and lengths of footings shown in the plans, with full horizontal beds. Do not round or undercut corners or edges of footings. Perform all excavation to foundation materials, satisfactory to the Engineer, regardless of the elevation shown on the plans. Perform all excavation in stream beds to a depth at least 4 feet below the permanent bed of the stream, unless a firm footing can be established on solid rock before such depth is reached, and excavate to such additional depth as may be necessary to eliminate any danger of undermining. Wherever rock bottom is secured, excavate in such manner as to allow the solid rock to be exposed and prepared in horizontal beds for receiving the masonry. Remove all loose and disintegrated rock or thin strata. Have the Engineer inspect and approve all foundation excavations prior to placing masonry. 120-3.4.2 Earth Excavation: 120-3.4.2.1 Foundation Material other than the Rock: When masonry is to rest on an excavated surface other than rock, take special care to avoid disturbing the bottom of the excavation, and do not remove the final foundation material to grade until just before placing the masonry. In case the foundation material is soft or mucky, the Engineer may require excavation to a greater depth and to backfill to grade with approved material. 120-3.4.2.2 Foundation Piles: Where foundation piles are used, complete the excavation of each pit before driving the piles. After the driving is completed, remove all loose and displaced material, leaving a smooth, solid, and level bed to receive the masonry. 120-3.4.2.3 Removal of Obstructions: Remove boulders, logs, or any unforeseen obstacles encountered in excavating. 120-3.4.3 Rock Excavation: Clean all rock and other hard foundation material, remove all loose material, and cut all rock to a firm surface. Either level, step vertically and horizontally, or serrate the rock, as may be directed by the Engineer. Clean out all seams, and fill them with concrete or mortar. 120-3.4.4 Pipe Trench Excavation: Excavate trenches for pipe culverts and storm sewers to the elevation of the bottom of the pipe and to a width sufficient to provide adequate working room. Remove soil not meeting the classification specified as suitable backfill material in 120-8.3.2.2 to a depth of 4 inches below the bottom of the pipe elevation. Remove rock, boulders or other hard lumpy or unyielding material to a depth of 12 inches below the bottom of the pipe elevation. Remove muck or other soft material to a depth necessary to establish a firm foundation. Where the soils permit, ensure that the trench sides are vertical up to at least the mid-point of the pipe. For pipe lines placed above the natural ground line, place and compact the embankment, prior to excavation of the trench, to an elevation at least 2 feet above the top of the pipe and to a width equal to four pipe diameters, and then excavate the trench to the required grade. 120-4 Disposal of Surplus and Unsuitable Material. 120-4.1 Ownership of Excavated Materials: Dispose of surplus and excavated materials as shown in the plans or, if the plans do not indicate the method of disposal, take ownership of the materials and dispose of them outside the right-of-way. 120-4.2 Disposal of Muck on Side Slopes: As an exception to the provisions of 01025-26 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc 120-4.1, when approved by the Engineer, muck (A-8 material) may be placed on the slopes, or stored alongside the roadway, provided there is a clear distance of at least 6 feet between the roadway grading limits and the muck, and the muck is dressed to present a neat appearance. In addition, this material may also be disposed of by placing it on the slopes where, in the opinion of the Engineer, this will result in an aesthetically pleasing appearance and will have no detrimental effect on the adjacent developments. Where the Engineer permits the disposal of muck or other unsuitable material inside the right-of-way limits, do not place such material in a manner which will impede the inflow or outfall of any channel or of side ditches. The Engineer will determine the limits adjacent to channels within which such materials may be disposed. 120-4.3 Disposal of Paving Materials: Unless otherwise noted, take ownership of paving materials, such as paving brick, asphalt block, concrete slab, sidewalk, curb and gutter, etc., excavated in the removal of existing pavements, and dispose of them outside the right-of-way. If the materials are to remain the property of the Agency, place them in neat piles as directed. Existing limerock base that is removed may be incorporated in the stabilized portion of the subgrade. If the construction sequence will allow, incorporate all existing limerock base into the project as allowed by the Contract Documents. 120-4.4 Disposal Areas: Where the Contract Documents require disposal of excavated materials outside the right-of-way, and the disposal area is not indicated in the Contract Documents, furnish the disposal area without additional compensation. Provide areas for disposal of removed paving materials out of sight of the project and at least 300 feet from the nearest roadway right-of-way line of any road. If the materials are buried, disregard the 300 foot limitation. 120-5 Materials for Embankment. 120-5.1 General Requirements for Embankment Materials: Construct embankments using suitable materials excavated from the roadway or delivered to the jobsite from authorized borrow pits. Construct the embankment using maximum particle sizes (in any dimension)as follows: In top 12 inches: 3 1/2 inches (in any dimension). 12 to 24 inches: 6 inches (in any dimension). In the depth below 24 inches: not to exceed 12 inches(in any dimension) or the compacted thickness of the layer being placed, whichever is less. Spread all material so that the larger particles are separated from each other to minimize voids between them during compaction. Compact around these rocks in accordance with 120-7.2. When and where approved by the Engineer, larger rocks (not to exceed 18 inches in any dimension) may be placed outside the one to two slope and at least 4 feet or more below the bottom of the base. Compact around these rocks to a firmness equal to that of the supporting soil. Where constructing embankments adjacent to bridge end bents or abutments, do not place rock larger than 3 1/2 inches in diameter within 3 feet of the location of any end-bent piling. 120-5.2 Use of Materials Excavated From the Roadway and Appurtenances: Assume responsibility for determining the suitability of excavated material for use on the 01025-27 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specification s.doc i project in accordance with the applicable Contract Documents. Consider the sequence of work and maintenance of traffic phasing in the determination of the availability of this material. 120-5.3 Authorization for Use of Borrow: Use borrow only when sufficient quantities of suitable material are not available from roadway and drainage excavation, to properly construct the embankment, subgrade, and shoulders, and to complete the backfilling of structures and pipe. Do not use borrow material until so ordered by the Engineer, and then only use material from approved borrow pits. 120-5.3.1 Haul Routes for Borrow Pits: Provide and maintain, at no expense to the Agency, all necessary roads for hauling the borrow material. Where borrow area haul roads or trails are used by others, do not cause such roads or trails to deteriorate in condition. Arrange for the use of all non-public haul routes crossing the property of any railroad. Incur any expense for the use of such haul routes. Establish haul routes which will direct construction vehicles away from developed areas when feasible, and keep noise from hauling operations to a minimum. Advise the Engineer in writing of all proposed haul routes. 120-5.3.2 Borrow Material for Shoulder Build-up: When so indicated in the plans, furnish borrow material with a specific minimum bearing value, for building up of existing shoulders. Blend materials as necessary to achieve this specified minimum bearing value prior to placing the materials on the shoulders. Take samples of this borrow material at the pit or blended stockpile. 120-5.4 Materials Used at Pipes, Culverts, etc.: Construct embankments over and around pipes, culverts, and bridge foundations with selected materials. 120-6 Embankment Construction. 120-6.1 General: Construct embankments in sections of not less than 300 feet in length or for the full length of the embankment. 120-6.2 Dry Fill Method: 120-6.2.1 General: Construct embankments to meet compaction requirements in Article 120-7 and in accordance with the acceptance program requirements in 120-9. Restrict the compacted thickness of the last embankment lift to 6 inches maximum. As far as practicable, distribute traffic over the work during the construction of embankments so as to cover the maximum area of the surface of each layer. Construct embankment in the dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 120-6.2.1.1 For A-3 and A-2-4 Materials with up to 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted thickness of 12 inches. Ensure the percentage of fines passing the No. 200 US Standard sieve in the A-2-4 material does not exceed 15%. 120-6.2.1.2 For A-1 Plastic materials(As designated in FDOT Design Standard Index 505) and A-2-4 Materials with greater than 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted thickness of 6 inches. 120-6.2.1.3 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, sumps and siphons. 01025-28 Technical Specifications FAIDublic Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc I When normal dewatering does not adequately remove the water, the Engineer may require the embankment material to be placed in the water or in low swampy ground in accordance with 120-7.2.4. 120-6.2.2 Placing in Unstable Areas: Where depositing the material in water, or in low swampy ground that will not support the weight of hauling equipment, construct the embankment by dumping successive loads in a uniformly distributed layer of a thickness not greater than necessary to support the hauling equipment while placing subsequent layers. Once sufficient material has been placed so that the hauling equipment can be supported, construct the remaining portion of the embankment in layers in accordance with the applicable provisions of 120-7.2.4 and 120-7.2.6. 120-6.2.3 Placing on Steep Slopes: When constructing an embankment on a hillside sloping more than 20 degrees from the horizontal, before starting the fill, deeply plow or cut into steps the surface of the original ground on which the embankment is to be placed. 120-6.2.4 Placing Outside Standard Minimum Slope: Where material that is unsuitable for normal embankment construction is to be used in the embankment outside the standard minimum slope (approximately one to two), place such material in layers of not more than 18 inches in thickness, measured loose. The Contractor may also place material which is suitable for normal embankment, outside such standard minimum slope, in 18 inch layers. Maintain a constant thickness for suitable material placed within and outside the standard minimum slope, unless placing in a separate operation. 120-6.3 Hydraulic Method: 120-6.3.1 Method of Placing: When the hydraulic method is used, as far as practicable, place all dredged material in its final position in the embankment by such method. Place and compact any dredged material that is rehandled, or moved and placed in its final position by any other method, as specified in 120-7.2. The Contractor may use baffles or any form of construction he may select, provided the slopes of the embankments are not steeper than indicated in the plans. Remove all timber used for temporary bulkheads or baffles from the embankment, and fill and thoroughly compact the holes thus formed. When placing fill on submerged land, construct dikes prior to beginning of dredging, and maintain the dikes throughout the dredging operation. 120-6.3.2 Excess Material: Do not use excess material placed outside the prescribed slopes, below the normal high-water level, to raise the fill. Remove only the portion of this material required for dressing the slopes. 120-6.3.3 Protection of Openings in Embankment: Leave openings in the embankments at the bridge sites. Remove any material which invades these openings or existing channels without additional compensation to provide the same depth of channel as existed before the construction of the embankment. Do not excavate or dredge any material within 200 feet of the toe of the proposed embankment. 120-7 Compaction Requirements. 120-7.1 Moisture Content: Compact the materials at a moisture content such that the specified density can be attained. If necessary to attain the specified density, add water to the material, or lower the moisture content by manipulating the material or allowing it to dry, as is appropriate. 120-7.2 Compaction of Embankments: 01025-29 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc 120-7.2.1 Earthwork Category 1 and 2 Density Requirements: Reduce the minimum required density from 100% to 95% of AASHTO T99 Method C for all earthwork items requiring densities. 120-7.2.2 Earthwork Category 3 Density Requirements: Except for embankments constructed by the hydraulic method as specified in 120-6.3, and for the material placed outside the standard minimum slope as specified in 120-6.2.4, and for other areas specifically excluded herein, compact each layer of the material used in the formation of embankments to a density of at least 100% of the maximum density as required by AASHTO T 99, Method C. Uniformly compact each layer using equipment that will achieve the required density, and as compaction operations progress, shape and manipulate each layer as necessary to ensure uniform density throughout the embankment. 120-7.2.3 Compaction Over Unstable Foundations: Where the embankment material is deposited in water or on low swampy ground, and in a layer thicker than 12 inches (as provided in 120-6.2.2), compact the top 6 inches (compacted thickness) of such layer to the density as specified in 120-9.5. 120-7.2.4 Compaction Where Plastic Material Has Been Removed: Where unsuitable material is removed and the remaining surface is of the A-4, A-5, A-6, or A-7 Soil Groups, as determined by the Engineer, compact the surface of the excavated area by rolling with a sheepsfoot roller exerting a compression of at least 250 psi on the tamper feet, for the full width of the roadbed (subgrade and shoulders). Perform rolling before beginning any backfill, and continue until the roller feet do not penetrate the surface more than 1 inch. Do not perform such rolling where the remaining surface is below the normal water table and covered with water. Vary the procedure and equipment required for this operation at the discretion of the Engineer. 120-7.2.5 Compaction of Material To Be Used In Base, Pavement, or Stabilized Areas: Do not compact embankment material which will be incorporated into a pavement, base course, or stabilized subgrade, to be constructed as a part of the same Contract. 120-7.2.6 Compaction of Grassed Shoulder Areas: For the upper 6 inch layer of all shoulders which are to be grassed, since no specific density is required, compact only to the extent directed. 120-7.2.7 Compaction of Grassed Embankment Areas: For the outer layer of all embankments where plant growth will be established, do not compact. Leave this layer in a loose condition to a minimum depth of 6 inches for the subsequent seeding or planting operations. 120-7.3 Compaction of Subgrade: If the plans do not provide for stabilizing, compact the subgrade in both cuts and fills to the density specified in 120-9.5. For undisturbed soils, do not apply density requirements where constructing narrow widening strips or paved shoulders 5 feet or less in width. Where trenches for widening strips are not of sufficient width to permit the use of standard compaction equipment, perform compaction using vibratory rollers,trench rollers, or other type compaction equipment approved by the Engineer. Maintain the required density until the base or pavement is placed on the subgrade. 01025-30 Technical Specifications F-\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\Technical Specification s.doc I 120-8 Backfilling Around Structures and Pipe. 120-8.1 Requirements for all Structures: 120-8-1.1 General: Backfill around structures and pipe in the Dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 129-8.1.2 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps, wellpoints and header pipe and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, perforated pipe drains, sumps and siphons. 120-8.1.3 Backfill Materials: Backfill to the original ground surface or subgrade surface of openings made for structures, with a sufficient allowance for settlement. The Engineer may require that the material used for this backfill be obtained from a source entirely apart from the structure. Do not allow heavy construction equipment to cross over culvert or storm sewer pipes until placing and compacting backfill material to the finished earthwork grade or to an elevation at least 4 feet above the crown of the pipe. 120-8.1.4 Use of A-7 Material: In the backfilling of trenches, A-7 material may be used from a point 12 inches above the top of the pipe up to the elevation shown on the FDOT Design Standards as the elevation for undercutting of A-7 material. 120-8.1.5 Time of Placing Backfill: Do not place backfill against any masonry or concrete abutment, wingwall, or culvert until the Engineer has given permission to do so, and in no case until the masonry or concrete has been in place seven days or until the specified 28-day compressive strength occurs. 120-8.1.6 Placement and Compaction: Place the material in horizontal layers not exceeding 6 inches compacted thickness, in depth above water level, behind abutments, wingwalls and end bents or end rest piers, and around box culverts and all structures including pipe culverts. When the backfill material is deposited in water, compact per 120- 8.2.5 and 120-8.3.4. The Contractor may elect to place material in thicker lifts of no more than 12 inches compacted thickness outside the soil envelope if he can demonstrate with a successful test section that density can be achieved. Notify the Engineer prior to beginning construction of a test section. Construct a test section of 500 feet in length. Perform five tests at random locations within the test section. All five tests must meet the density required by 120-7.2. Identify the test section with the compaction effort and soil classification in the Agency Logbook. In case of a change in compaction effort or soil classification, construct a new test section. When a test fails the requirements of 120-7.2, construct a new test section. The Contractor may elect to place material in 6 inches compacted thickness at any time. 120-8.2 Additional Requirements for Structures Other than Pipe: 120-8.2.1 Density: Where the backfill material is deposited in water, obtain a 12 inch layer of comparatively dry material, thoroughly compacted by tamping, before verifying the layer and density requirements. Meet the requirements of the density Acceptance Criteria. 120-8.2.2 Box Culverts: For box culverts over which pavement is to be constructed, compact around the structure to an elevation not less than 12 inches above the top of the structure, using rapid-striking mechanical tampers. 01025-31 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i 120-8.2.3 Other Limited Areas: Compact in other limited areas using mechanical tampers or approved hand tampers, until the cover over the structure is at least 12 inches thick. When hand tampers are used, deposit the materials in layers not more than 4 inches thick using hand tampers suitable for this purpose with a face area of not more than 100 in2. Take special precautions to prevent any wedging action against the masonry, and step or terrace the slope bounding the excavation for abutments and wingwalls if required by the Engineer. 120-8.2.4 Culverts and Piers: Backfill around culverts and piers on both sides simultaneously to approximately the same elevation. 120-8.2.5 Compaction Under Wet Conditions: Where wet conditions do not permit the use of mechanical tampers, compact using hand tampers. Use only A-3 material for the hand tamped portions of the backfill. When the backfill has reached an elevation and condition such as to make the use of the mechanical tampers practical, perform mechanical tamping in such manner and to such extent as to transfer the compaction force into the sections previously tamped by hand. 120-8.3 Additional Requirements for Pipe 15 Inches Inside Diameter or Greater: 120-8.3.1 General: Trenches for pipe may have up to four zones that must be backfilled. Lowest Zone: The lowest zone is backfilled for deep undercuts up to within 4 inches of the bottom of the pipe. Bedding Zone: The zone above the Lowest Zone is the Bedding Zone. Usually it will be the backfill which is the 4 inches of soil below the bottom of the pipe. When rock or other hard material has been removed to place the pipe, the Bedding Zone will be the 12 inches of soil below the bottom of the pipe. Cover Zone: The next zone is backfill that is placed after the pipe has been laid and will be called the Cover Zone. This zone extends to 12 inches above the top of the pipe. The Cover Zone and the Bedding Zone are considered the Soil Envelope for the pipe. Top Zone: The Top Zone extends from 12 inches above the top of the pipe to the base or final grade. 120-8.3.2 Material: 120-8.3.2.1 Lowest Zone: Backfill areas undercut below the Bedding Zone of a pipe with coarse sand, or other suitable granular material, obtained from the grading operations on the project, or a commercial material if no suitable material is available. 120-8.3.2.2 Soil Envelope: In both the Bedding Zone and the Cover Zone of the pipe, backfill with materials classified as A-1, A-2, or A-3. Material classified as A- 4 may be used if the pipe is concrete pipe. 120-8.3.2.3 Top Zone: Backfill the area of the trench above the soil envelope of the pipe with materials allowed on Design Standard, Index No. 505. 120-8.3.3 Compaction: 120-8.3.3.1 Lowest Zone: Compact the soil in the Lowest Zone to approximately match the density of the soil in which the trench was cut. 01025-32 Technical Specifications F1Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc 120-8.3.3.2 Bedding Zone: If the trench was not undercut below the bottom of the pipe, loosen the soil in the bottom of the trench immediately below the approximate middle third of the outside diameter of the pipe. If the trench was undercut, place the bedding material and leave it in a loose condition below the middle third of the outside diameter of the pipe. Compact the outer portions to meet the density requirements of the Acceptance Criteria. Place the material in lifts no greater than 6 inches (compacted thickness). 120-8.3.3.3 Cover Zone: Place the material in 6 inches layers (compacted thickness), evenly deposited on both sides of the pipe, and compact with mechanical tampers suitable for this purpose. Hand tamp material below the pipe haunch that cannot be reached by mechanical tampers. Meet the requirements of the density Acceptance Criteria. 120-8.3.3.4 Top Zone: Place the material in layers not to exceed 12 inches in compacted thickness. Meet the requirements of the density Acceptance Criteria. 120-8.3.4 Backfill Under Wet Conditions: Where wet conditions are such that dewatering by normal pumping methods would not be effective, the procedure outlined below may be used when specifically authorized by the Engineer in writing. Granular material may be used below the elevation at which mechanical tampers would be effective, but only material classified as A-3. Place and compact the material using timbers or hand tampers until the backfill reaches an elevation such that it's moisture content will permit the use of mechanical tampers. When the backfill has reached such elevation, use normally acceptable backfill material. Compact the material using mechanical tampers in such manner and to such extent as to transfer the compacting force into the material previously tamped by hand. 120-9 Acceptance Program. 120-9.1 Density over 105%: When a computed dry density results in a value greater than 105% of the applicable Proctor maximum dry density, perform a second density test within 5 feet. If the second density results in a value greater than 105%, investigate the compaction methods, examine the applicable Maximum Density and material description. If necessary, test an additional sample for acceptance in accordance with AASHTO T 99, Method C. 120-9.2 Maximum Density Determination: Determine the maximum density and optimum moisture content by sampling and testing the material in accordance with the specified test method listed in 120-9.3. 120-9.3 Density Testing Requirements: Ensure compliance with the requirements of 120-9.5 by Nuclear Density testing in accordance with FDOT Florida Method FM 1-T 238. Determine the in-place moisture content for each density test. Use Florida Method FM 1-T 238, FM 5-507 (Determination of Moisture Content by Means of a Calcium Carbide Gas Pressure Moisture Tester), or ASTM D 4643 (Laboratory Determination of Moisture Content of Granular Soils By Use of a Microwave Oven) for moisture determination. 120-9.4 Soil Classification: Perform soil classification tests in accordance with AASHTO T-88. Classify soils in accordance with AASHTO M-145 in order to determine compliance with embankment utilization requirements. 120-9.5 Acceptance Criteria: Obtain a minimum density in accordance with 120-7.2 with the following exceptions: 01025-33 Technical Specifications F IDublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specification s.doc 1) embankment constructed by the hydraulic method as specified in 120-6.3; 2) material placed outside the standard minimum slope as specified in 120-6.2.4; 3) other areas specifically excluded herein. 120-9.6 Frequency: Conduct sampling and testing at a minimum frequency listed in the table below. Test Name Frequency Maximum Density One per soil type Density 1 per 500' RDWY Alt Lift Soil Classification One per Maximum Density 120-10 Maintenance and Protection of Work. While construction is in progress, maintain adequate drainage for the roadbed at all times. Maintain a shoulder at least 3 feet wide adjacent to all pavement or base construction in order to provide support for the edges. Maintain and protect all earthwork construction throughout the life of the Contract, and take all reasonable precautions to prevent loss of material from the roadway due to the action of wind or water. Repair any slides, washouts, settlement, subsidence, or other mishap which may occur prior to final acceptance of the work. Maintain all channels excavated as a part of the Contract work against natural shoaling or other encroachments to the lines, grades, and cross-sections shown in the plans, until final acceptance of the project. 120-11 Construction. 120-11.1 Construction Tolerances: Shape the surface of the earthwork to conform to the lines, grades, and cross-sections shown in the plans. In final shaping of the surface of earthwork, maintain a tolerance of 0.3 foot above or below the plan cross-section with the following exceptions: 1. Shape the surface of shoulders to within 0.1 foot of the plan cross-section. 2. Shape the earthwork to match adjacent pavement, curb, sidewalk, structures, etc. 3. Shape the bottom of ditches so that the ditch impounds no water. 4. When the work does not include construction of base or pavement, shape the entire roadbed (shoulder point to shoulder point) to within 0.1 foot above or below the plan cross-section. Ensure that the shoulder lines do not vary horizontally more than 0.3 foot from the true lines shown in the plans. 120-11.2 Operations Adjacent to Pavement: Carefully dress areas adjacent to pavement areas to avoid damage to such pavement. Complete grassing of shoulder areas prior to placing the final wearing course. Do not manipulate any embankment material on a pavement surface. When shoulder dressing is underway adjacent to a pavement lane being used to maintain traffic, exercise extreme care to avoid interference with the safe movement of traffic. 01025-34 Technical Specifications FAIDublic Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWaster Contract Documents\Technical Specifications.doc I 120-12 Method of Measurement. 120-12.1 Excavation: Excavation will be paid for by volume, in cubic yards, calculated by the method of average end areas, unless the Engineer determines that another method of calculation will provide a more accurate result. The material will be measured in its original position by field survey or by photogrammetric means as designated by the Engineer. Measurement for payment will include the excavation of unsuitable material, lateral ditch excavation, channel excavation, and excavation for structures and pipe. Payment will not be made for excavation or embankment beyond the limits shown in the plans or authorized by the Engineer. 120-12.2 Embankment: Measurement will be made on a loose volume basis, as measured in trucks or other hauling equipment at the point of dumping on the road. Payment will not be made for embankment beyond the limits shown in the plans or authorized by the Engineer. 120-13 Basis of Payment. 120-13.1 General: Prices and payments for the work items included in this Section will be full compensation for all work described herein, including excavating, dredging, hauling, placing, and compacting; dressing the surface of the earthwork; and maintaining and protecting the complete earthwork. 120-13.2 Excavation: The total quantity of all excavation specified under this Section will be paid for at the Contract unit price for Excavation. No payment will be made for the excavation of any materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials excavated outside the lines and grades given by the Engineer, unless specifically authorized by the Engineer. 120-13.3 Embankment: The total quantity of embankment specified in this Section will be paid for at the Contract unit price for embankment. No payment will be made for materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials placed outside the lines and grades given by the Engineer. 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 (Compacted in Place) — Per Cubic 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 (2013). Item of Payment Payment shall be made under: Bid Item No. 286-1—Turnouts and Drives (6" Thick Conc.) — Per Square Yard 01025-35 Technical Specifications F-\Public Works\ENGINEERING DIVISION PROJECTS1084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc SECTION 344 LOCAL AGENCY PROGRAM CONCRETE 344-1 Description. 344-1 General: Construct Local Agency Program (LAP)Concrete based on the type of work as described in the Contract and the Concrete Work Categories as defined below. 344-1.2 Work Categories: Construction of LAP concrete elements will fall into one of the following Concrete Work Categories: 344-1.2.1 Concrete Work Category 1: Includes the construction of sidewalks, curb and gutter, ditch and slope pavement, or other non-reinforced cast-in- place or precast elements. 344-1.2.2 Concrete Work Category 2: Includes the construction of precast concrete including concrete barriers, traffic railing barriers, parapets, sound barriers, inlets, manholes, junction boxes, pipe culverts, storm sewers, box culverts, prestressed concrete poles, concrete bases for light poles, highway sign foundations, retaining wall systems,traffic separators or other structural precast elements. 344-1.2.3 Concrete Work Category 3: Includes the work associated with the placement and/or construction of structural cast-in-place concrete requiring a class of concrete specified in FDOT Section 346. 344-2 Materials. 344-2.1 General: Use concrete composed of a mixture of Portland cement, aggregates, and water, with or without chemical or mineral admixtures that meet the following requirements: 344-2.1.1 Portland Cement: Cement shall conform to the requirements of the AASHTO or ASTM designations. Different brands of cement, cement of the same brand from different facilities or different types of cement shall be stored separately and shall not be mixed. Portland cements meeting the requirements of AASHTO M-85 or ASTM C-150 are allowed for LAP concrete. 344-2.1.2 Coarse and Fine Aggregates: Aggregates shall meet current FDOT requirements except that source approval by the FDOT is not required. 344-2.1.3 Water: Water shall meet current FDOT requirements. 344-2.1.4 Chemical Admixtures: Chemical admixtures shall meet current FDOT requirements. Admixtures may be added at the dosage rates recommended by the manufacturer. 344-2.1.5 Pozzolans and Slag: Pozzolans and Slag shall meet the current FDOT requirements. 344-2.2 Material Storage: Use a concrete production facility that meets the following requirements. 344-2.2.1 Cementitious Materials Storage: Provide a separate and clearly labeled weatherproof facility to store each brand or type of cementitious material without mixing or contamination. Provide a suitable, safe and convenient means of collecting cementitious material samples at each storage facility. 344-2.2.2 Aggregate Storage: Provide suitable bins, stockpiles or silos to store and identify aggregates without mixing, segregating or contaminating different grades or types of materials. Identify aggregate type/gradation. Handle the aggregates in a manner to 01025-36 Technical Specifications F1Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc minimize segregation and meet the specification requirements when recovered from storage. Continuously and uniformly sprinkle coarse aggregate with water, for 24 hours preceding introduction into the concrete mix. Timers may be used to facilitate the sprinkling of aggregate stockpiles using an alternating on/off method. However, in no event shall the top surface of the stockpile be permitted to become dry prior to batching of concrete. Moisture probes may be used to determine the moisture content of the aggregate. Ensure that the accuracy of the probe is certified annually and verified weekly. Maintain stored aggregates in a well-drained condition to minimize free water content. Provide access for the Engineer to sample the aggregates from the recovery side of the storage facility. 344-3 Production, Mixing and Delivery of Concrete. 344-3.1 Concrete Production Requirements: Use concrete production facilities certified by the National Ready-Mixed Concrete Association (NRMCA), approved by the FDOT. Produce concrete utilizing equipment that is in good operating condition and operated in a manner to ensure a consistent product. When moisture probes are not used, ensure that the concrete production facility determines the free moisture for the coarse and fine aggregates within two hours prior to each day's batching. On concrete placements expected to exceed three hours, perform an additional moisture test approximately half way through the batching operations and adjust batch proportions accordingly. Ensure that the calibration of the measuring devices of the concrete production facilities meets the requirements of Chapter 531 of the Florida Statutes, and are in accordance with Chapter 9.2 of the FDOT Materials Manual. At least quarterly, ensure that all scales, meters and other weighing or measuring devices are checked for accuracy by a qualified representative of a scale company registered with the Bureau of Weights and Measures of the Florida Department of Agriculture.As an alternative, the producer may have this frequency identified in an FDOT approved QC plan. The accuracy of admixture measuring dispensers will be certified annually by the admixture supplier. When Volumetric Mixers are used for Category I applications, deliver concrete in accordance with the requirements of Volumetric Mixer Manufacturers Bureau (VMMB) and ensure that the vehicle has a VMMB registered rating plate. 344-3.2 Classes of Concrete: Classes of concrete to be used on the project will be defined in the Contract Documents. 344-3.3 Contractors Quality Control: The Contractor will supply a Quality Control (QC) plan to identity to the Agency how quality will be ensured at the project site. During random inspections the Agency will use this document to verify that the construction of the project is in agreement with his QC plan. 344-3.4 Concrete Mix Design: Before producing any concrete, submit the proposed mix design to the Engineer on a form provided by the Agency. Otherwise, the agency will accept mix designs previously described in an FDOT approved QC plan. In any event, use only concrete mix designs having prior approval of the Engineer. Materials may be adjusted provided that the theoretical yield requirement of the approved mix design is met. Show all required original approved design mix data and batch adjustments and substituted material on an Agency approved concrete delivery ticket. The Engineer may disqualify any concrete production facility for non-compliance with specification requirements. 01025-37 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Hdmim\bid documents\Master Contract Documents\Technical Specifications.doc 344-3.5 Delivery: For cast-in-place applications, the maximum allowable mixing and agitation time of concrete is 90 minutes. Furnish a delivery ticket on a form approved by the Agency with each batch of concrete before unloading at the placement site. The delivery ticket shall be printed. Record material quantities incorporated into the mix on the delivery ticket. Ensure that the Batcher responsible for producing the concrete certifies that the batch was produced in accordance with these Specifications and signs the delivery ticket. The Contractor shall sign the delivery ticket certifying that the concrete was batched, delivered and placed in accordance with these Specifications. The Contractor shall be responsible for rejecting loads of concrete that do not meet the plastic properties of the approve mix design or the minimum compressive strength requirements. At the sole option of the Agency, the Engineer may accept concrete at a reduced pay when it is determined that the concrete will serve its intended function. 344-3.6 Placing Concrete: 344-3.6.1 Concreting in Cold Weather: Do not place concrete when the temperature of the concrete at placement is below 45°F. Meet the air temperature requirements for mixing and placing concrete in cold weather as specified in Section 346. During the curing period, if NOAA predicts the ambient temperature to fall below 35°F for 12 hours or more or to fall below 30°F for more than 4 hours, enclose the structure in such a way that the concrete and air within the enclosure can be kept above 60°F for a period of 3 days after placing the concrete or until the concrete reaches a minimum compressive strength of 1,500 psi. Assume all risks connected with the placing and curing of concrete. Although the Engineer may give permission to place concrete, the Contractor is responsible for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the Agency. 344-3.6.2 Concreting in Hot Weather: Meet the temperature requirements and special measures for mixing and placing concrete in hot weather as specified in Section 346. When the temperature of the concrete as placed exceeds 75°F, incorporate in the concrete mix a water-reducing retarder or water reducer if allowed by Section 346. Spray reinforcing steel and metal forms with cool fresh water just prior to placing the concrete in a method approved by the Engineer. Assume all risks connected with the placing and curing of concrete. Although the Engineer may give permission to place concrete, the Contractor is responsible for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the Agency. 344-3.7 Mixers: Ensure that mixers are capable of combining the components of concrete into thoroughly mixed and uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or container. 344-3.8 Small Quantities of Concrete: With approval of the Engineer, small quantities of concrete, less than 3 yd 3 placed in one day and less than 0.5 yd placed in a single placement may be accepted using a pre-bagged mixture. The Agency may verify that the pre- 01025-38 Technical Specifications F\Public Works\ENGINEERI NG DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc bagged mixture is prepared in accordance with the manufacturer's recommendations and will meet the requirements of this Specification. 344-3.9 Sampling and Testing: 344-3.9.1 Category 1: The Engineer may sample and test the concrete at his discretion to verify its quality. The minimum 28 day compressive strength requirement for this concrete is 2,500 psi. 344-3.9.2: Category 2: Provide a statement of certification from the manufacturer of the precast element that the element meets the quality control and inspection testing requirements of the Contract Documents. 344-3.9.3 Category 3: The Agency will randomly select a sample from each 200 yd 3 or one day's production to determine plastic properties and to make three 4 x 8 inch cylinders for testing by the Agency at 28 days to ensure that the design compressive strength has been met. The Agency may, at its discretion, test additional concrete samples to ensure compliance with the specifications. 344-3.10 Records: Maintain the following records for review for at least 3 years after final acceptance of the project: 1. Approved concrete mix designs. 2. Materials source (delivery tickets, certifications, certified mill test reports). 3. A copy of the scale company or testing agency report showing the observed deviations from quantities checked during calibration of the scales and meters. 4. A copy of the documentation certifying the admixture weighing/measuring devices. 5. For Non Structural LAP concrete the Agency will accept recent NRMCA, VMMB or FDOT inspection records certifying the plant or truck can produce concrete. In addition, documentation will be available at the plant or in the truck showing that action has been taken to correct deficiencies noted during the inspections. 344-4 Acceptance of the Work. 344-4.1 Category 1 Work: Category 1 work will be accepted based upon compliance with Production, Mixing and Delivery Requirements specified in 344-3. 344-4.2 Category 2 Work: Precast elements will be accepted based upon certification from the Contractor that the elements were produced by a production facility on the FDOT's current approved plant list. In addition, the producers QC stamp will be displayed on the element. 344-4.3 Category 3 Work: Category 3 work shall be in full compliance with this Specification, and with current FDOT Specifications, Section 346 and associated Contractor Quality Control (QC) specifications governing cast-in-place concrete. In addition, a Delivery Ticket as described in 344-3.5 will be required for acceptance of the material at the project site. 344-5 Method of Measurement. The quantities to be paid for will be the items shown in the plans, completed and accepted. 01025-39 Technical Specifications P\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc 344-6 Basis of Payment. Prices and payments will be full compensation for all work and materials specified in this Section. SECTION 350 — CEMENT CONCRETE PAVEMENT The work specified in this item shall conform to Section 350 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2013). Payment shall be made under: Bid Item No. 350-1-3 — Cement Concrete Pavement (8" Thick) — Per Square Yard 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 (2013). Item of Payment Payment shall be made under: Bid Item No. 425-6 —Valve Box Adjustment— Per Each SECTION 522 — CONCRETE SIDEWALK The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2013). 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 ON WALKING SURFACES The work specified in this item shall conform to Section 527 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2013). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 527-1— Detectable Warning on Existing Sidewalk — Per Each 01025-40 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\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 (2013). 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 01025-41 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\Technical Specifications.doc uniformly distributing the material at the specified rate. Contractor shall apply applications as per manufacturer's specification. All tickets from bags shall be handed over to the County Inspector. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches. H. Placing Sod: The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6 inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1Y2" 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. I. 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. 01025-42 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc L Item of Payment Payment shall be made under: Bid Item No. 570-1-2 — Performance Turf - Per Square Yard SECTION - 00700 HIGHWAY SIGNING A. Highway signing for traffic control shall conform to the requirements of the Standard Specifications (2013), 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 shall be made under: Bid Item No. 700-20-40 — Single Sign Post, Relocate — Per Assembly SECTION - 00706 RAISED RETRO-REFLECTIVE PAVEMENT MARKERS A. All reflective pavement markers shall be 4" x 4". Item of Payment Payment shall be made under: Bid Item No. 706-3 — Retro-Reflective Pavement Marker (Amber/Amber) — Per Each SECTION - 00711 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS A. Pavement markings for traffic control shall conform to the requirements of the Standard Specifications (2013), Manual on Uniform Traffic Control Devices, Supplemental Specifications, Roadway and Traffic Design Standards, manufacturer's specifications. 01025-43 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documentsWlaster Contract Documents\Technical Specifications.doc it Item of Payment Payment shall be made under: Bid Item No. 711-11-123 -Thermoplastic Pavement Markings, Standard, White, Solid, 12" — Per Linear Foot Bid Item No. 711-11-125-Thermoplastic Pavement Markings, Standard, White, Solid, 24" — Per Linear Foot Bid Item No. 711-11-221 -Thermoplastic Pavement Markings, Standard, Yellow, Solid, 6" — Per Linear Foot Bid Item No. 711-17 —Thermoplastic, Remove — Per Square Foot Bid Item No. 711-12-123 — Thermoplastic, Refurbishment, White, Solid, 12" — Per Linear Foot + + END OF SECTION + + 01025-44 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Ntaster Contract Documents\Technical Specifications.doc APPENDIX A Nondiscrimination Agreement P\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\APPENDIX A TITLE SHEET.docx l i APPENDIX A I During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the °Contractor") agrees as follows: (1.)Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in f=ederally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.)Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.)Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4.)Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.)Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.)Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B Indian River County Fertilizer Ordinances