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2015-025.1
g . F• JO($ bas •/ A � � y CONTRACT DOCUMENTS AND SPECIFICATIONS FOR OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS 38th LANE TO 451h STREET BID NO. 2014032 PROJECT NO. 0845B FEDERAL AID PROJECT - FM NO. 423186-2-58-01 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PETER D. O'BRYAN, CHAIRMAN WESLEY S. DAVIS, VICE CHAIRMAN COMMISSIONER TIM ZORC COMMISSIONER JOSEPH E. FLESCHER COMMISSIONER BOB SOLARI JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD, COUNTY ATTORNEY CHRISTOPHER R. MORA, P.E., PUBLIC WORKS DIRECTOR CHRISTOPHER J. KAFER, JR., P.E., COUNTY ENGINEER MICHAEL D. NIXON, P.E., ROADWAY PRODUCTION MANAGER 00001 -Project Title Page- REV 04-07.doc 00001 -1 P:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00001-Project Title Page- REV 04-07.doc TABLE OF CONTENTS Section No. Title DIVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors 00470 Equal Opportunity Office Forms 00472 Non-Collusion Affidavit 00474 Certificate Regarding Lobbying 00476 Certificate Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions 00490 Certification of Non Segregation & Non Discrimination 00492 Buy America Certificate of Compliance 00494 Drug Free Workplace Certification 00496 LAP Certification of Capacity / Status of Contracts on Hand 00500 Certification of Sublet Work CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance I 00622 Contractor's Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work 00010-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00010-Table of Contents-REV 04-07.doc CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 — TECHNICAL PROVISIONS APPENDIX A — NONDISCRIMINATION AGREEMENT APPENDIX B - INDIAN RIVER COUNTY FERTILIZER ORDINANCES APPENDIX C - PERMITS (EXEMPT) APPENDIX D —"FEDERAL REQUIRED CONTRACT PROVISIONS" APPENDIX E — "FHWA 1273" + + END OF TABLE OF CONTENTS + + 00010-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)VWdmim\bid documents\Master Contract Documents\00010-Table of Contents-REV 04-07.doc SECTION 00100 -Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 27th Street Vero Beach, Florida 32960 4 r � LORD Telephone : (772) 567-8000 FAX- (772) 770-5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 P.M. on Wednesday, November 12, 2014. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "Old Dixie Highway Sidewalk Improvements, 38th Lane to 45th Street" and "Bid No. 2014032". Bids should be addressed to Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2:00 P.M. All bids received after 2:00 P.M., on the day specified above, will not be opened or considered. INDIAN RIVER COUNTY PROJECT NO. 0845B INDIAN RIVER COUNTY BID NO. 2014032 FEDERAL AID PROJECT- FM NO. 423186-2-58-01 PROJECT DESCRIPTION:The project will consist of the construction of a 5' wide concrete sidewalk along the east side of Old Dixie Highway between 38th Lane and 45th Street, a gross length of approximately 4,500 linear feet. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto. Documents may be obtained from the Public Works Department/Engineering Division, 1801 27th Street, Vero Beach, Florida, 32960, (772) 226-1283 by deposit of a check made payable to Indian River County, in the amount of $75.00 for each set, which represents cost of printing and handling, which is non-refundable and does not include shipping. All other communications concerning this bid shall be directed to IRC Purchasing Division at purchasingca ircgov.com . All bidders shall submit one (1) original and one (1) copy of the Bid Proposal forms provided within the specifications. Please note that the questionnaire must be filled out completely including the financial statement. BID SECURITY must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent 00100-Advertisement for Bids REV 04-07.doc 00100- 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)1Admim\bid documents\Master Contract Documents\00100- Advertisement for Bids REV 04-07.doc (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100% Public Construction Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall be retained by the County as liquidated damages and not as penalty. The County reserves the right to delay awarding of the Contract for a period of ninety (90) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. A MANDATORY Pre-Bid Conference will be held on Wednesday, October 22, 2014 at 10:00 A.M., in the first floor conference room Al-303 in Building "A" of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS MANDATORY. Bidders must sign in before 10:00 A.M. to receive credit for attending INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication in the Indian River Press Journal Dates: September 28, 2014 and October 5, 2014 For: Indian River Press Journal Please furnish tear sheet and Affidavit of Publication to.- INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building "B" Vero Beach, FL 32960 * * END OF SECTION * * 00100-Advertisement for Bids REV 04-07.doc 00100-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00100- Advertisement for Bids REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. -Title Page ARTICLE1 - DEFINED TERMS ............................................................................................. 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS................................................................ 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS ...................................................................... 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE ...................................................................................................................2 ARTICLE 5 - PRE-BID CONFERENCE ..................................................................................4 ARTICLE 6 - SITE AND OTHER AREAS................................................................................4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA ..............................................................4 ARTICLE8 - BID SECURITY .................................................................................................5 ARTICLE9 - CONTRACT TIMES...........................................................................................5 ARTICLE 10 - LIQUIDATED DAMAGES ................................................................................5 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS ........................................................5 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS.......................................6 ARTICLE 13 - PREPARATION OF BID..................................................................................6 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS..........................................................7 ARTICLE 15 - SUBMITTAL OF BID........................................................................................8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID................................................9 ARTICLE 17 - OPENING OF BIDS.........................................................................................9 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE ...........................................9 ARTICLE 19 -AWARD OF CONTRACT ................................................................................9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE.................................................... 10 ARTICLE 21 - SIGNING OF AGREEMENT............................................................................ 10 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-i FAPublic Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contract.....................................................................................................................19 Basis of Bid; Evaluation of Bids ................................................................................................14 BidSecurity ................................................................................................................................8 Bids to Remain Subject to Acceptance.....................................................................................18 Contract Security and Insurance...............................................................................................20 ContractTimes ...........................................................................................................................9 Copies of Bidding Documents.....................................................................................................2 DefinedTerms............................................................................................................................1 Examination of Bidding Documents, Other Related Data, and Site.............................................4 Interpretationsand Addenda.......................................................................................................7 LiquidatedDamages.................................................................................................................10 Modification and Withdrawal of Bid...........................................................................................16 Openingof Bids........................................................................................................................17 Pre-Bid Conference....................................................................................................................5 Preparationof Bid.....................................................................................................................13 Qualificationsof Bidders.............................................................................................................3 Signingof Agreement...............................................................................................................21 Siteand Other Areas..................................................................................................................6 Subcontractors, Suppliers and Others ......................................................................................12 Submittalof Bid ........................................................................................................................15 Substitute or"Or-Equal' Items..................................................................................................11 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-ii F:\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER. B. Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids-, neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200- 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev.05/01 3.02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERS of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev.05101 k4 unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Upon a request directed to the ENGINEER (Michael D. Nixon, P.E. 772-226-1986), OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 This paragraph has been deleted intentionally 4.07 It is the responsibility of each Bidder before submitting a Bid to.- A. o:A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AFTER CONTACTING THE ENGINEER (MICHAEL D. NIXON, P.E., (772) 226-1986) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead, surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev.05101 G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents,- H. ocuments;H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 The date, time, and location for a MANDATORY Pre-Bid conference are specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are REQUIRED to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to purchasing(aNrcgov.com in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev.05/01 Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. h ARTICLE 8 - BID SECURITY 8.01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashier's check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th Sl)\Admim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev 05/01 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal' items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. I 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered. 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-6 FAPublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev.05/01 13-03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-7 F1Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)VAdmim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev.05/01 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: A. Itemized Bid Schedule B. Required Bid Security in the form of C. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships D. Sworn Statement under the Florida Trench Safety Act E. Qualifications Questionnaire F. List of Subcontractors G. Equal Opportunity Office Forms H. Non-collusion Affidavit I. Certification Regarding Lobbying J. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions K. Certification of Non Segregation & Non Discrimination L. Buy America Certificate of Compliance M. Drug Free Workplace Certification N. LAP Certification of Capacity/Status of Contracts on Hand O. Certification of Sublet Work 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title and Bid Number (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-8 F:\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev.05/01 envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE y 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200-9 F.\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th Sl)Wdmim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev.05/01 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the lowest, responsive, responsible bidder. 19.07 OWNER will forward tabulations of bids to FDOT for approval prior to award of Contract. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to Public Construction Bond and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bond, unless the Bond has been waived due to the total contract being less than $100,000. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21.02 OWNER shall return one fully signed counterpart to Successful Bidder. 21.03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21.01 above, the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires. * * END OF SECTION * * 00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc 00200- 10 F1Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 08-10.doc Rev.05/01 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 Equal Opportunity Office Forms 00470 Non-Collusion Affidavit 00472 Certificate Regarding Lobbying 00474 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Primary Covered Transactions 00476 Certification of Non Segregation & Non Discrimination 00490 Buy America Certificate of Compliance 00492 Drug Free Workplace Certification 00494 LAP Certification of Capacity/ Status of Contracts on Hand 00496 Certification of Sublet Work 00500 SUBMIT (1) ORIGINAL AND (1) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300-Bid Package Contents-REV 08-10.doc 003001 E:\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00300-Bid Package Contents-REV 08-10.doc Indian River County A Purchasing Division � y 180027 th Street Vero Beach, FL 32960 ADDENDUM NO. 1 Date: October 22, 2014 Project Name: OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS (38T" LANE TO 45T"STREET) BID NO. 2014032 PROJECT No. 0845B Bid Opening Date: The Bid Opening date is Wednesday.. November 12, 2014 at 2:00pm A Pre-Bid Conference was held on Wednesday, October 22, 2014 in the Public Works Conference Room Al-303 Indian River County Administration Building A, located at 1801 27th Street, Vero Beach, Florida 32960. TO ALL PROSPECTIVE BIDDERS: TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to the Purchasing Department in writing at purchasing@ircgov.com. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten (10) calendar days prior to the date for opening of Bids shall not be answered (Deadline is Sunday, November 2, 2014 by Midnight). Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. Page 1 of 3 F Public Works\ENGINEERING DIVISION PROJECTS',0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)`Admim�bid documents\Addendums,Addendum No I, 10-22-2014.doc CLARIFICATIONS/CORRECTIONS/ADDITIONS/QUESTIONS: Pre-bid meeting—questions: QUESTION: Can the sidewalk be closed during construction? ANSWER: The sidewalk can be closed during construction. QUESTION: Does a temporary sidewalk need to be in place for the existing segments of sidewalk? ANSWER: Because the existing sidewalk segments are not continuous, both the existing sidewalks within the project area and proposed sidewalks can be closed during construction. No temporary sidewalk will need to be in place during construction. QUESTION: Does the Contractor need to be FDOT Certified? ANSWER: NO QUESTION: Does the concrete need to be from a FDOT Certified Plant? ANSWER: No QUESTION: Is there a preferred end of the sidewalk to start on? ANSWER:The preferred end to start construction is at 45th Street. Once the segment between 45th Street and 41�` Street is complete, It is preferred to open this segment to allow school access in the area. QUESTION: Is a pre-construction conditions video required? If so, is a third party required to take it? ANSWER: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. (See Section 01215 GENERAL QUALITY CONTROL, Division 1 GENERAL REQUIREMENTS of the Contract Documents). QUESTION: What happens in event of rain delays? ANSWER: In the event of rain delays, when mutually agreed upon by county and Contractor, additional time to the contract time can be added. QUESTION: What are the work hours? ANSWER: Work hours are from 7:00am to 5:00pm, Monday through Friday, except holidays. (See SC6.026of Section 00800-Supplementary Conditions the General Conditions in the Contract Documents) CLARIFICATION Line Item 527-1 DETECTABLE WARNING ON EXISTING WALKING SURFACES QUANTITY 8, is intended for use on existing walking surfaces. All other detectable warnings and curb cuts are included in the cost of the proposed sidewalk as indicated on the construction drawings. The Federal—Aid Project Wage Rates in the Contract Documents are current. ATTACHMENT: Pre-bid meeting minutes dated October 22, 2014 Page 2 of 3 F Tublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documenw_4ddendums•Addendum No 1, 10-22-2014.doc AIMIk ADDENDUM NO. 1 PROJECT: OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS (38T" LANE TO 45T"STREET) BID NO. 2014032 PROJECT No. 0845B *****This Addendum MUST be completed and returned with your Bid********** ADDENDUM NO. 1 is submitted by � Michael D. Nixon, P.E., Roadway Production Manager and 1 J� n' er Hyde, Purchasing Manager Company Name 1 i "�771 Name: Title: i (Type/ inted) Authorized Signature: Date: ( i - ( i Telephone: I � 2 -� (� � � 1`� �' Fax: Page 3 of 3 ��iVER Board of County Commissioners A z 180127th Street Vero Beach, Florida 32960-3365 Telephone: (772) 567-8000 Fax: (772) 778-9391 PRE-BID MEETING MINUTES OCTOBER 22, 2014, 10:00 A.M. INDIAN RIVER COUNTY ADMINISTRATION BUILDING 180127 TH STREET, VERO BEACH, FL 32960 Room Al-303 Project Name: OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS (38TH LANE TO 45TH STREET) Project Number: 0845B Bid Number: 2014032 INTRODUCTIONS SIGN IN SHEET. This is a PRE-BID MEETING; Attendance at this conference by all bidders was mandatory. The following meeting notes set forth our understanding of the discussions and decisions made at the subject meeting. If no objections, questions, additions, or comments are received within five (S) working days from issuance of the meeting notes, we will assume that our understandings are correct. The project will move forward according to the bid plans and specifications and the understandings herein. The meeting was called to order by Michael Nixon. The following is a list of the attendees: Michael Nixon, IRC Engineering James Boyette, IRC Construction Management Jennifer Hyde, IRC Purchasing Manager Ron Rose,Timothy Rose Construction Shane Barry, Florida Site Contracting Dennis Mallory, Stillwater Construction Dan Muschweck, Venergy Group Lori Craig, Marquee Development, Inc. Mary Ann Hataway, K&S/ FDOT Paul Brown, FDOT Kevin Trost, Guettler Brothers Construction Jose L. Dato, Dato Construction, Inc. Tony Rake, Kerns Construction Michael Mazzina, FDOT Chlo Ann Lawrence, FDOT Treasure Coast Operations F:`Public Works`•ENGINF.ERING DIVISION PROIEt:TS`.084513-Old Dick Hwy Sidewalk(338th Ln-45th Sti'sldntim,bleetings Pre-Bid'Pre-bid meeting minutes for 10-22-14.do PROJECT DESCRIPTION: The project will consist of the construction of a 5' wide concrete sidewalk along the east side of Old Dixie Highway between 381h Lane and 45th Street, a gross length of approximately 4,500 linear feet. CONTRACT DETAILS: Bid opening: Wednesday, November 12, 2014 at 2:00 PM Contract time: 60 days to substantial completion 75 days to final completion Engineer's Estimate: $175,000.00 Liquidated Damages: $758.00 per day Late Bids will not be accepted. CORRESPONDENCE/LINES OF AUTHORITVQUESTIONS: Communications concerning this bid shall be directed to IRC Purchasing Division at purchasing(@ircgov.com. Questions will be limited up to 10 days prior to bid opening, so please review the plans this week. CONTACTS: • Project Manager- Michael Nixon, P.E., Indian River County, Engineering Division, 180127 th Street, Vero Beach, Florida 32960 during the bid process. mnixon@ircgov.com • Construction Manager-Construction Phase will be turned over to D. Howard, Construction Coordination Manager, Indian River County, 180127 Street, Vero Beach, Florida 32960 • Maintenance of Traffic—Jeanne Bresett, Indian River County,Traffic Division, 180127 Street, Vero Beach, Florida 32960 PROJECT CONSULTANTS: Indian River County, Engineering Division (In-house design) Construction Engineering and Inspection (CEI): Indian River County, Engineering Division Construction Management Staff UTILITIES— MAV BE PRESENT ALONG LIMITS OF PROJECT) FPL- No conflicts Vero Beach Electric ATT IRC Utilities - utilities adjustments are included in this project. Comcast Cable Communications Florida City Gas OTHER ISSUES • Maintenance of Traffic: o Contractor shall submit a Maintenance of Traffic Plan to the Indian River County, Engineering Division for approval. o Access for all businesses and residences shall be maintained at all times. o Traffic shall be maintained at all times. o The Maintenance of Traffic Plan shall meet the FDOT Index 600, 2014 edition. F:Tublic Works.ENGINEERING DIVISION PRO)ECTS`•M45I3-Old Dixie Hwy Sidewalk(38th Ln-15th St)`.Acintim`._L1eeting.s',Pre-Bid`.Pre-bid meeting minutes for 10-22-14.doc • Environmental permits are exempt. • Coordination with business owners. • Sidewalk—true 6" concrete, 2% max slope (no tolerance). • Testing per- FDOT specifications. • Curb cut ramps in accordance with FDOT Index. • School buses, Sanitation & US Postal Service must be maintained. • Addendums if required — review and comment as soon as possible, no further comments / questions 10 days prior to bid opening (Sunday, November 2, 2014). FEDERAL REQUIREMENTS: • Invoicing • Indian River County (IRC) is required to satisfy the Federal reporting requirements for this project, such as employment reporting, for both Contractor and all Subcontractors. • In order to be eligible for reimbursement by FDOT/FHWA, IRC must comply with all applicable procedures, standards and directives as described in the FDOT Local Agency Program Manual and the Florida Department of Transportation, Equal Employment Opportunity Construction Contract Compliance Workbook, Jan. 2012. • Contractors must meet deadlines in order to be in compliance. All deadlines are strictly enforced or reimbursements cannot be made. • All required forms must be completed and on time or payment could be withheld. • Job Site Bulletin Board is required to be maintained until project is completed. • Summary of required contractor form submittals checklist (Section 200-8 in contract documents). • Current Wage Determination. * Please Note Common/General Laborer Rates (County will verify latest Wage Rates—will send out in addendum if different). • FLORIDA DEPARTMENT OF TRANSPORTATION, EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT COMPLIANCE WORKBOOK,JAN. 2014 Available on website: www.dot.state.fl.us/equalopportunity/ DISCUSSION: Questions: Can the sidewalk be closed during construction? Does a temporary sidewalk need to be in place for the existing segments of sidewalk? Does the Contractor need to be FDOT Certified? Does the concrete need to be from a FDOT Certified Plant? Is there a preferred end of the sidewalk to start on? Is a pre-construction conditions video required? If so, is a third party required to take it? What happens in event of rain delays? What are the work hours? Questions will be addressed in Addendum No. 1 No curbing is required with this project. There is a grass strip between the edge of pavement and sidewalk. Grassing will need to be placed if it does not exist. There is a line item for Performance Turf to cover this item. Certified payroll with wage rates will be required to be submitted by the contractor. Bulletin Board, EEO for all subs over$10,000, FH 1273 must be included in all contracts. DBE participation is encouraged. ATTACHED: Sign in Sheet (`:`,Public Works'.ENGINEERING DIVISION PROJLCTS'M45B-Old Dixie I-fey Sidmrt1k(38th I.n-451b SO admim.Meetiugs`.Prv-Bid`.Pre-bid mecting minutes for 10-22-13.doc MANDATORY P�tE=B16 CENFfRENCE 7,7 SlGt11TiN$HEf d n i 1A t �tT f ENG 4tQA-A11 Fi�1Y pito'DUCTIO'IR } > 41W`6 22,m1 r - f; s: '/ /11f .�GEt�It �y���t��DRISSS hoe / NrXon C-rt9,-v�=erhsy 77.? c9p76-1q g ( M/1ix en � Dlv�s:a-,-7 P" 7r�2. 77 $ -Q39f j ►-c9ov, coir! e11 77;z 772- 226 - 152 S— Irc ctOV . 71 ! Q COP-%^c dale— 8orry Fbr r � � 7a-173-107 ,3Yy 3 3 UOJ �v1�►`�-v'R� 'STX6 1°Q 3,7- '9 y� S' WA tc f- GoYA �owstu<f;c,r-1 pav MIJ3C-A QC-K \JE C- Gy c �P -7-7Z• 96s- lag Z �a-r (uc�+�q vee �evQleQ rna�', 3- `�`j $ -41c15 Ma�c�vee e� 3�. a4�\• Com \s I MANDATORY PRE-BID CFE'RENiCE SIGN-IN'SHEET 1Np�A itYfiplTY;CNG[IVEi�4[G/RQ1 > �lilAif PR©DIJ�.TION t - R� kl-3®3ulliil�g,�4. L nkv (�C1r n S FDO �e 770 - 4aq- gq-7a man�artr�, ha fztu�ay � -77z)- "D-74t&C Cif. sfc�,r-1- us ow.stoic •,(I.u5 Q -7-77-- Ad—L3¢ k-Pv I^ �sr S��S ��? � ??z.— 44W-&%lue�l crL n L DAO DA70 raN��Tt2ucT� � i/sC '� ��'1- L152 l V 5t4 ,j�c�tb� q32 Gly' L4N. Sv\l 9?$ 6 S S 2 5 .N Fce:lAro4r0Ns,uucf'v&Ql c � Ro 3rbc01FL �Z16Z C : ��2 35q y130 o,v5/��+/tcs �)��.✓5 �o.JSl�c%J7o�� -7 7 Z-8 8 Z - b l%o '/'4 ke e // /(i0 N�egoJ2 1 slcs Kern s Cu�TaRuc I�oJ ^1�iT ®2� s'r. L.6JG11�� FV. /�icHAEL Jl�Zzi^�A �t7 O t 77 Z-4Z 9-�$ 7 S /yIKHAEL.A��zti�,�A� dot, S;Tprr.Fc-05 ��Jonn.l� to�� 1,cwrW � U 2 NIA►NUA' `I3RY-PRE BID COMMENCE sIGN4N BEET INDIAN RIvmkwtj r`# I'�I31NG/TOAD pRODA1C�'IOhI _ �` - q:. -} � Y ..-. a �..... ..� 6 JA e5" '� /NA��, r2, v�c. 6U77z- Io43 - Qo zr3 Ghcyc�e. ! a/-x.794 --r*ct-o' 3 SECTIO PROJECT IDENTIFICATION: Project Name: Old Dixie High,:a, Sidewalk Improvements, 38th Lane to 45-' Street County Project Number: 0845B Bid Number: 2014032 Project Address: Old Dixie Highway from 38' Lan--e-to--4-5'15- Street aneto45tStreet Project Description: The project will consist of the construction of p 5' wide concrete sidewalk along the east side of Old Dixie Highway between 38th Lane and 45th Street, a gross length of approximately 4,500 linear feet. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 180027 th Street VERO'BE•ACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times I indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests om subsurface conditions at or contiguous to the Site and all drawings of physical conditior:=_. -e?ating to 4 00310-1 00310- Bid Form ;_• _-_ __ =.iv-5 ONLY.doc FAPublic Works\ENGINEERING DIVISION PROJECTS'E=E° " -_ ._goy Sidewalk(38th Ln-45th St)\Admim\bid documentSL==_:_..-: _ :=-,—fv LAP PROJECTS ONLY.doc existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310-2 00310-Bid Form for LAP PROJECTS ONLY.doc FAPublic Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00310-Bid Form for LAP PROJECTS ONLY.doc P^OJ'CT NO. 08453,GlD N3.2614ir32, FM NO.423186-2-58-6 i f BIDDER'S NAME:4.6 — :...:::. t�uarrt)ty Ut'Ft A[ne>tnC ......... t MOBILIZATION LS 1 ®� U0_,•, f aJ"O :--i MAINTENANCE OF TRAFFIC LS 1 IL I ICD "�~ I L] =• EROSION&WATER POLLUTION CONTROL LS 1 ��i O. C '�00- :•'-1 CLEARING AND GRUBBING LS 1 2500 . ZS00 , EXISTING SIDEWALK REMOVAL SY 84 - MAILBOX RELOCATION LS 1 _:_1 REGULAR EXCAVATION Cy 213 -�J -74 Lo C ✓ EMBANKMENT COMPACTED IN PLACE Cy 18 2-0 TURNOUTS AND DRIVES 6"THICK CONCRETE SY 128 q,4 CEMENT CONCRETE PAVEMENT(TURNOUTS AND DRIVES(8"THICK SY 108 CONCRETE VALVE BOX ADJUSTMENT EA 3 _ CONCRETE FOR SIDEWALK 6"THICK, 5'WIDE SY 1,205 �I 5D�k� `ZO DETECTABLE WARNING ON EXISTING WALKING SURFACE EA 8 PERFORMANCE TURF MATCH EXISTING SY 3,000 LDOO^^O, SINGLE SIGN POST(RELOCATE) AS 3 t RETRO-REFLECTIVE PAVEMENT MARKERS Amber/Amber EA 8 L` t23 THERMOPLASTIC STANDARD, WHITE,SOLID 12" LF 1 1,282 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" LF 23 4,- -2 21 ,--221 THERMOPLASTIC, STANDARD YELLOW, SOLID 6" LF 200 THERMOPLASTIC REMOVE SF 142 123 ITHERMOPLASTIC, REFURBISHMENT WHITE, SOLID 12" LF -82- SIDEWALK IMPROVEMENTS SUB-TOTAL OL� 200.J 4- FORCE ACCOUNT 1 15,000.00 TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT TOTAL i t SCC). ==OJECT BID AMOUNT IN WORD � 1 AS=Assembly CY= Cubic Yarm ,IEAA=-Each LF=Linear Foot LS=Lump Sum SY= Square Yard 00310-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\estimates\Old Dixie Highway Sidewalk 38th Lane to 45th St ITEMIZED BID SCHEDULE 2-26-14.xls Bid or Proposal Westfield Insurance Company Bond Westfield Groupsm One Park Circle,P O Box 5001 Westfield Center,Ohio 44251-5001 KNOW ALL MEN BY THESE PRESENTS,that we, TIMOTHY ROSE CONTRACTING,INC. asp Principal, and the WESTFIELD INSURANCE COMPANY,an Ohio Corporation, with its principal office at Westfield Center, Ohio, as Surety, are held and firmly bound unto INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS as Obligee, in the penal sum Of 5%OF AMOUNT OF BID DOLLARS, lawful money of the United States of America, for the payment of which,well and truly to be made, we bind ourselves, our heirs,executors,administrators,successors and assigns, jointly and severally, firmly by these presents. WHEREAS the said Principal is herewith submitting a bid or proposal for CONSRUCTION OF 5FT WIDE SIDEWALK ALONG OLD DIXIE HWY BETWEEN 38th LANE AND 45TH STREET NOW THEREFORE, the condition of the above obligation is such, that if the said Principal shall execute a contract and give bond for the faithful performance thereof, if required by the contract,or if the Principal or Surety shall pay the Obligee the difference, not exceeding the penal sum hereof, between the amount of the contract entered into in good faith to perform the work to which the bid or proposal relates and the amount bid or proposed by the Principal,then this obligation shall be void;otherwise it shall remain in full force and effect. SIGNED this 5th day of NOVEMBER 2014 TIMOTHY ROSE CONTRACT G,INC. _ Principal By: Westfield Insurance Comp CA .LORD ttorney-L7-?act BD 5046 (9-03) General POWER NO. 0990102 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CABOT W. LORD,JOSEPH E.COONS,JOINTLY OR SEVERALLY of PALM CITY and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE UgARA=, OR BANK DEPOSITORY BONDS. and to bind.any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive, any Secretary or any Fidelity& Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of MARCH A.D., 2014 ,..ww, ...,u..•'•.. Corporate ,►''aSYRdp'•, "��nNA(� "; S""'"•.,, WESTFIELD INSURANCE COMPANY Seals Q�•.••••••,,C� af.•• NSG•; ,r�S . " WESTFIELD NATIONAL INSURANCE COMPANY Affixed �v; •+a+ tipo j o; 9=: '� t^ OHIO FARMERS INSURANCE COMPANY ;� =LL SEAL '�= 'cHwarEa• � '•.,L..ar.r j Y 'p 1—$%: 1848 State of Ohio " "•" Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial .............. Seal p\AL S•a� Affixed ,gyp'.• �`;�� • David A. Kotnik, Attorney at Law, Notary Public State of Ohio My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: y i° rEOFO I,Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 5th day of November.o--1—D. %ti,,,,2014 ................, \asua,�p�� P\�oNAt',,y 1NSU M'D�ti;ti '__ SEAI, :-m;- 'GHARTFREp•;�; / t =`• Secretary 1,'y'., 'y` ir� sz,• :o: _ 1848 •z!= Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) 5.01 Bidder shall complete the = = _ _ = n the Contract Documents for the price(s) contained in the Bid Schedue A. The Discrepancies between the r- : ca: c- of units of Work and unit prices will be resolved in favor of the unit prices. discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. 0 D. Unit Prices have been computed in accordance with paragraph 11.03.6 of the General Conditions. 6.01 Bidder agrees that the Work will be substantial) completed and read for final g Y P Y payment in accordance with paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of i 1 A B. Itemized Bid Schedule ,,/' C. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships- D. Sworn Statement Under the Florida Trench Safety Act E. Qualifications Questionnaire/ F. List of Subcontractors G. Equal Opportunity Office Forms ✓ H. Non-collusion Affidavit J I. Certificate Regarding Lobbying 00310-4 00310-Bid Fors ONLY.doc FAPublic Works\ENGINEERING DIVISION PROJECTS'3= 3-0 d Dixie Hwy Sidewalk(38th Ln-45th St)tAdmimlbid document; __::. _.-:— LAP PROJECTS ONLY.doc _. r J. Certification Regarding De:: _ -_ cibility and Voluntary Exclusion — Primary Covered T-_7-: K. Certification of Non SegregF: _- :_ ' - - r kation, L. Buy America Certificate of Cor,, a,--e M. Drug free Workplace Certification N. LAP Certification of Capacity// Status of Contracts on Hand-/ O. Certification of Sublet Work' 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on i 1(W, \ ! , 203—q. State Contractor License No. :) C.p.'2—q Bidder is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: FAX No.: A Partnership Partnership Name: (SEAL) By: (Signature of general partner-- attach evidence of authority to sign) Name (typed or : p rinted) Business address: Phone No.: FAX No.: A Corporation Corporation Name �6 �+'tl' .> (SEAL) State of Incorporation: T-1460-_ . .- Type (General Business, Professional, Service, Limited Liability):i Aj A 1-Y 00310-5 00310-Bid Fc--- __ ___-= ONLY.doc FAPublic Works\ENGINEERING DIVISION PROJEC'S:Z_1513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid docuce s '. 9 .=: `cr LAP PROJECTS ONLY.doc v, - (Signature --attach evidence of autl _ - Name (typed or printed):_1 1`VkAgj Title: (CORPORATE SEAL) Attest (Signature of Corporate Secretary) Business address: Phone No.I-1Z. _1. t h FAX No.:77 Z. L/, 7 Date of Qualification to do business is A Joint Venture (SEAL) Joint Venture Name: By: (Signature of joint venture partner-- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Joint Venture Name: (SEAL) By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) ** END OF SECTION 00310-6 ONLY.doc F:\Public Works\ENGINEERING DIVISION PROJECTS'=-5B-Old Dixie Hwy Sidewalk(381h Ln-45th Sq',A:--c _:.. - - ---for LAP PROJECTS ONLY.doc SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond." END OF SECTION 00430-Bid Bond REV 04-07.doc 00430-1 F:\Public WorksIENGINEERING DIVISION PROJECTS108458-Old Dixie Hwy Sidewalk(38th Ln-45th St)VAdmim\bid documentslMaster Contract Documents1D0430-Bid Bond REV 04-07.doc Rev.05/01 STATEMENT UNDER SECTIOti iN DI AN RIVER COUNTY CODE, ON DISCLOSURE OF IRELATIONSHIPS ,R-N4 MUST BE SIGNED IN THE PRESENCE Or A \OTARY PUBLIC OR OTHER OFFICER _ RIZED TO ADMINISTER OATHS. sworn statement MUST be submitted with Bid, Proposal or Contract No. G^-W` 2- sworn statement is submitted by: / (Name of entity submitting Statement) -.ose business address is: name is `Q (Plea print name of individual signing) -d my relationship to the entity named above is _;.�derstand that an"affiliate" as defined in Section 105.08, Indian River County Code, means: -e term"affiliate" includes those officers, directors, executives, part ners,.shareholders, employees, -embers, and agents who are active in the management of the entity. is : :understand that the relationship with a County Commissioner or County employee that must be sclosed as follows: ather, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, -law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, azher-in-law, mother-in ; e mother, stepson, stepdaughter, stepbrother, stepsister, half brother; half sister, grandparent, or p randchild. Bas ed on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] _Werther the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County. Code. «N ith any County Commissioner or County employee. 00452-1 -_ Works\ENGINEERING DIVISION PROJEC-5 -54513-Old Dixie Hwy Sidewalk(38th Ln-45th S-, - - —_ - `?aster Contract --nts\00452 Disnimirp of RpI ntlMRhin-rtnr. - --- ,_.r..-.ms.- :......�.nrt. ,..:,.... ._ _. :5:^::`^.. ..^;'.�. •',^ -�'. ,:' ... x ...nn tii t�.hl�4�XSreYnS.Fa+YF'�Yi.2�}rJe��'S..r. .wau.4>b.axsswN.xv&.d8ew.�Nlf�tA �a`L1.d�.tl^6 ..- - :d _ efitlty submitting this swoiii stail�-- _ itie oriicers, cureccors, e�ecu[[ves, Shareholders, ernployeeS. active In management of the mtlt y - ~e following relationships with a C.-- ... _ - ,[• County employee: :Nate Name of Corti,. C--m 1',1 5z Relationship or emplov.-e (Signature) (Date) ®r :r.strument was acknowledged before me this_�day of N0,U 20Lq, by who is personally known to me or who has produced as identification. NOTARY PUBLIC SIGN: (0,ylf�'Al PRINT: otary Public, State at large My Commission Expires: it, 3 \S (Seal) DEBOR ".1 MY COMM[-S N M EM03e- EXPIRES :txxcba t t :q ; 00452-2 s ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38t�, -= aster Contract _ :=-52 Disclosure of Relationships.doc SECTION 00454 - Sworn Stately :.0 l l'�11t:Cd Safety Rri t - - _ , THIS FORM MUST BE SIGNED BY T = = _- - %.-JO WILL BE RESPONSIBLE OR ITS AUTHORIZED FOR THE EXCAVATION WORK REPRESENTATIVE, IN THE PRESENCE CF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. �. This Sworn Statement is h is to 45�t StPeetect No 0845B for Old Dixie Highway Sidewalk improvements, 38 an -l� Vt �Entity -1 iii C. tvy 2. This Sworn Statement is submitted by 1 Yvvv e Submitting Sworn Stat ent) (Legal N hereinafter "BIDDER".- T-b e BIDDER's address is BIDDER's Federal Employer Identification Number (FEIN) is ^�" OZ� 3, My name is--- and my relationship to the BIDDER � (Print Name of ividual Signin is (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act Section 553.60 et.seg. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and Include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNEor s compor liance eENGINEER the Trench they shall have no responsibility to review check the BIDDER Safety Standards. = The BIDDER assures the OWNER that it will comply with the applicable Trenc Safety Standards. g. The BIDDER has allocated and included in its bid the total amount of $ based on the linear feet of trench to be excavated over five (5) feet deep, for ompliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. . The BIDDER has allocated and included in its bid the total amount of $ h�orinJ safety based on the square feet of shoring to be used for compliance with g requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: 34-07.doc 00454-Florida - `-- 00454-1 _-,-Florida _ public Works\ENGINEERING DIVISION PROJECTS ','d Dixie Hwy Sidewalk(38th Ln-45th St)\Admlm\bid docu _ --=-ch Safety Act-REV 04-07.doe i.he determination of the appm:- i,{,� is tl)e �:omplete and coir responsibility of the BIDDER. 3__: _ :. e checked by the OWNER or ENGINEER for accuracy, col- -=s_ _ :-er purpose. The OWNER and ENGINEER shall have no respc-s ;_ or check the BIDDER's compliance with the Trench Safety Standaras 3. The BIDDER, in submitting this b` . -e::-ese:-�:s mat it has obtained and considered all available geotechnical information. has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Pro' ct. BIDDER: By: Position or Title: Date: STATE OF I' (Vi i A ' ,0UNTY OFLr LQc,r} tf:M� ersonally appeared before me, the undersigned authority, w-)i - p Q.- o after first being sworn by me, affixed his/her si nature in the space vided above on this _l day of \ --1209. 13tary fic, State at large '. Com Ission Expires: rO�3i IS � e>-,,... s °r p Fl.* v DiuMA IWOLgo.. * * END OF SECTION E I ) 00454-Florida Trey: _r •. 1 a - =EV 14-07.doc E 00454-2 { FAPublic Works%ENGINEERING DIVISION PROJECT_ :-4E3-7, Dixie Hwy Sidewalk(38th Ln-45th St)Wdmimlbid docume---= .-- :.- -_- . --_ .Plorida i Trench Safety Act-REV 04-07.doc ' SECTIONL �.�_��_��_�_�����' ',�}T|{}E: THE OWNER RETAINS T�E TO REJECT THE BIDS [)F N{)N' - =-SPONS/BLEB|DDER8. JNDER PENALTY OF PERJURY. the undersigned Bidder Guarantees and aoounacy �' all statements and answers herein contained. Failure to comply with these requirements NN --3/ be C0O8id8ned sufficient justification to disqualify 8 Bidder. Attach additional sheets as '=-zui[ed. NN Documentation Submitted with Project Nm: 0846B � Project Name: K]|d Dixie Highway Sidewalk Improvements U� /38^^ Lane to45"' Street) Bidder's Name / IN() �LaOL-Et6M � Bidder's Telephone & FAX Numbers: � Licensing and Corporate EKEtus'. a. Is Contractor License current? b. Bidder's Contractor License No: [Attach G copy of Contractor's License to the bid] u. Attach documentation from the State of Florida Division of Corporations that N& indicates the business entity's status is active and that lists the names and titles of^ all officers. N* � Number ofyears the firm has performed business as a Contractor in construction work — ufthe type involved inthis contract: VVh8t is the last project DF THIS NATURE that thfirmhcompleted? mm 6. Has the firm ever failed to complete work awarded to you? [if your answer is "yes", then attach a separate page to this questionnaire that explains � the circumstances and list the project name, (]vvner. and the Owner's telephone number for each project in which the firm failed to complete the work.] � 7. Has the firm ever been assessed liquidated damages? 90 [if your answer iS "y8S". then attach aseparate page tOthis questionnaire that explains � the Ci[CUOOStGDCeS and list the project D8Dle. C)VvD8r, and the Owner's telephone number for each project inVVhiCh |iqUid8teddannGg8Sh@v8baeD8GS8oSed.] � 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? UO*o_;z 3nnaire. oo 00456 i � cm°cu=entsand uetlmqs�rn"="u"= u"mr ^ ,�irn",n/"m01_1<21\00456-Qualifications Questionnaire do" [If your answer is "Yes", then r.,s questionnaire that explains i the circumstances and list the pr_. _ n Jie Uwner's telephone number i for each project in which OSI-; 0. Has the firm ever been charged ,; . _ - . ance of any public policy or rules? [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] j 10. Attach to this questionnaire, a notarized financial statement and other information that f documents the firm's financial strength and history.✓ j 11. Has the firm ever defaulted on any of its projects? 0 6 [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 12. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule.✓ 13. Name of person who inspected the site of the proposed work for the firm: Name: l0 Date of Inspections: 10,2-2-i U 14. Name of on-site Project Foreman: �-t-� Qcv- Number of years of experience with similar projects as a Project Foreman: 15. Name of Project Manager: O Number of years of experience with similar projects as a Project Manager: 16. State your total bonding capacity: 1Q AAAJLLQf 1 17. State your bonding capacity per job: U_'�Cl 18. Please provide name, address, telephone number, and contact person of your bonding company: +' Q. , r Ad [The remainder of this page was left blank intentionally] + c 00456 =:a- .==_5:bnnaire.doc t 00456-2 {E CADocuments and Setlingslmnixon\tocal Sett cs–e —met Files10LK2100456-Qualifications Questionnaire.doc S|�TE OF IFLORIWIt DEPARTMENT or BUSINESS AND PROFESSIONAL ������jLATI���� � CONSTRUCTION INDUSTRY LICENSING BOARD /���\ 487-1395 1940 NORTH [�[}N��[]E STREET � � TALLAHASSEE FL 32399-0783 ROSE, TIMOTHY WILLIAM . TIMOTHY ROSE CONTRACTING INC ~ 13GUGVVOLD DIXIE HIGHWAY #1U6 VERO BEACH FL 32962 Congratulations! With this license you become one nfthe pearly one million Floridians licensed bythe Department ofBusiness and ' Professional Regulation. Our professionals and buoinenoeorange STATE OF FLORIDA from amhiteo�0oyec�brokers, boxers to barbeque restaurants, � OEpARTAENT OF BUSINESS AND and they keep Florida's economy strong. | PROFESSIONAL REGULATION � Every day wawork toimprove the way wedubusiness inorder tn CGC052940 )G8UEQ�� 07/13/2014 serve you better. For information about our services, please log onto vmww.myOohda|iownoecom There� about our divisions and the regulations thsdimpoctyou subscribe CERTIFIED GENERAL CONTRACTOR TRAOTOR tndepartment newo|ntto's and learn more about the Department's ROSE,TIMOTHY WILLIAM initiatives. TIMOTHY ROSE CONTRACTING INC Our mission at the Department is: License Efficiently, Regulate Faidy. VVaconstantly strive toserve you better that you can serve your customers. Thank you for doing business inF|orido. IS nsnT/p|so under the p,nv|n/nno vrch *oo pa and congna1u|a8onoonyour nevvlicense! s,*rauon � mL1407130001474� . . «uo .xn�oL1407130001474 DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OFBUSINESS AND PROFESSIONALFKEGULA7|ON � CONSTRUCTION INDUSTRY LICENSING BOARD � The c,EmExxL CONTRACTOR Named below IS CERTIFIED Under the provisions ofChapter 480FS. Expiration date: AUG 31. 2O1G ROSE, TIMOTHY WILLIAM TIMOTHY ROSE CONTRACTING INC 1380 GVVOLD DIXIE HIGHWAY ' SUITE 106 VERO BEACH FL33QG2 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILE DOCUMENT#S75343 Jan 15, 2014 Entity Name: TIMOTHY ROSF CONTRACTING, INC. Secretary of State Current Principal Place of Business: CC6497847931 1360 OLD DIXIE HWY SW STE 106 VERO BEACH, FL 32962 Current Mailing Address: 1360 OLD DIXIE HWY SW STE 106 VERO BEACH, FL 32962 US FEI Number: 65-0284242 Certificate of Status Desired: No Name and Address of Current Registered Agent: ROSE,TIMOTHY W. 1360 OLD DIXIE HIGHWAY SW 106 VERO BEACH,FL 32962 US The above named entity submits this statement for the purpose of changing its registered office'or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Title P Title SEC Name ROSE,TIMOTHY W. Name ROSE,RONALD Address 1360 OLD DIXIE HWY SUITE 106 Address 1360 SW OLD DIXIE HWY#106 City-State-Zip: VERO BEACH FL 32962 City-State-Zip: VERO BEACH FL 32962 Title TREA Name ROSE, LISA A Address 1360 SW OLD DIXIE HWY#106 City-State-Zip: VERO BEACH FL 32962 1 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as i/made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes,and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:TIMOTHY W. ROSE PRESIDENT 01/15/2014 Electronic Signature of Signing Officer/Director Detail Date 8:50 AM 6 iiiiio `iy Kruse Contracting, rGui CiG"j��G'airr�iu 11/04/14 Balance Sheet Accrual Basis As of October 31, 2014 Oct 31,14 ASSETS Current Assets Checking/Savings PNC Operating Account 757,861.10 Total Checking/Savings 757,861.10 Accounts Receivable Accounts Receivable 645,783.42 Total Accounts Receivable 645,783.42 Other Current Assets Exchange 1,870.83 Invstmnt Morgan Stanley Smith B Cash-Morgan Stanley Investment 410.70 Equities-Morgan Stanley SB 116,838.93 Total Invstmnt Morgan Stanley Smith B 117,249.63 Total Other Current Assets 119,120.46 Total Current Assets 1,522,764.98 Fixed Assets Accum Dep-All Assets -3,130,527.49 Construction Equipment 2,332,345.94 Furniture&Fixtures 17,535.66 Office Equipment 15,459.05 Software 2,083.95 Vehicles 877,716.22 Total Fixed Assets 114,613.33 Other Assets Security Deposits 517.45 Total Other Assets 517.45 TOTAL ASSETS 1,637,895.76 LIABILITIES&EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 286,038.92 Total Accounts Payable 286,038.92 Credit Cards 1st Bank Card 1296 -425.14 1st Bank Card 9557 -146.01 American Express CC -22,950.02 Total Credit Cards -23,521.17 Total Current Liabilities 262,517.75 Long Term Liabilities NIP-ALLY(Escalade)991.05 23,785.20 NIP Ally 15 Silverado(836.13) 54,722.32 NIP GE Capital 9766086-001 38,412.08 NIP ST JD BH#3824/BD#4819 5,057 16 NIP ST Loan(1102.57)JD#6669 666.32 NIP Suntrust(09 GMC Sierra) 483.09 PNC-#"68244 2012 Ford truck 30,411.19 PNC#8087 2006 Wheel Loader 20,060.51 PNC Bomag Mixer2/MPH100S/#85809 12,209.83 PNC JD DW544J2613575-L9 23,253.08 Total Long Term Liabilities 209,060.78 Total Liabilities 471,578.53 Pagel a:50 AM Timothy Erose Contracting, Incorporated 11/04/14 Balance Sheet Accrual Basis As of October 31, 2014 Oct 31,14 Equity *Retained Earnings 744,049.97 Capital Stock 500.00 Opening Balance Equity -96,430.73 Paid In Capital 277,897.49 Shareholder Distribution -15,000.00 Unrealized Gain(Loss)on Inves 19,254.34 Net Income 236,046.16 Total Equity 1,166,317.23 TOTAL LIABILITIES&EQUITY 1,637,895.76 J .ej.", to Page 2 PN April 1, 2014 To Whom It May Concern: This letter serves to confirm that Timothy Rose Contracting,Inc. maintains a Line of Credit with PNC Bank. This Line of Credit has an available limit of$100,000. There is not a balance outstanding on the Line of Credit. Should you need any additional information please contact me at 772-978-1026. 4d/a2abs o an Vice President Business Banker The PNC Financial Services Group 959 20th Place Vero Beach Florida 32960 www.pnc.com Name of Job Where Located Presidential Streets Sebastian - Cleveland, Washington, Martin Coolidge Street Sebastian - Coolidge Street En lar Drive Sebastian - En lar Drive Drainage Ditches Sebastian - Various Streets 17th Street Shoppes Vero Beach - 17th Street Sorenson Office Bldg Vero Beach - 20th Street Old Dixie Resurfacing Vero Beach - Old Dixie Highway Oslo (toad Vero Beach - Oslo Road VPNP nvs - a....par "Op"W.< NOWNR" $"wpm* 1111111Wq 4 twat 19. Complete the following table for SIMILAR projects: ®ate Contact Person: Name/ Original Contract Fina9 Contract Name of Project Completed Owner Email Address/Phone Amount Amount x _ .. YIT- 06 .G �C� � LVID� STV cc:t-)-) -1 yyr�uy': i - i i f �i 00456-Qualifications Questionnaire.do: 00456-3 CADocuments and Settings\mnixon\Local Settings\Temporary Internet Files\01-1(21100456-Qualifications Questionnaire.doc >TE: If requested by the County,the Bi: - =---r ;gees, and other information, :=aciently comprehensive to permit an appi a coirtractor. By: _ .� (Signature) (Position or Title) * * END OF SECTION (Date) �.est+onnaire.doc 00456-4 Documents and Settings\mnixon\Local Settings\Te rccwy Internet Files\0LK21\00456-Qualifications Questionnajre Z:.: SECTION 004-:: •,:,actors The Bidder SHALL list below the name a-: -;:1 each Subcontractor who will perform '/ork under this Contract in excess of one-"a - ,ce: gent of the total bid price, and shall also list :--le portion of the work which will be done by such Subcontractor. After the opening of Bids, anges or substitutions will not be allowed unless approved by Indian River County after a equest for such a change has been submitted in writing by the Contractor, which shall include -�asons for such request. Subcontractors must be properly licensed and hold a valid Certificate Competency. Documentation Submitted with Project No. 0845B for Old Dixie Highway Sidewalk -norovements, 38th Lane to 45th Street. Work to be Performed Subcontractor's Name/Address 10. 11. 12. 13. 14. 15. 16. 17. Note- Attach additional sheets if required. * END OF SECTION 00458-Lis! : :_:_; _: - _ _ 04-07.doc 00458-1 \Public Works\ENGINEERING DIVISION PROJE: ::—:z .'S Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid docurr; a. . ::--z-List of Subcontractors REV 04-07.doc r' `. 275-030-11 EQUAL oPr ORTUHITY OFFICE SECTION 00470 - EQUAL OPPORTUNITY FORMS 03111 Page 1 of 8 DBE Utilization The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 8.18% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor's anticipated DBE participation for the project.While the utilization is not mandatory in order to be awarded the project, continuirr utilization of DBE firms on contracts supports the success of Florida's Voluntary DBE Program, and supports contractors' Equal Employment opportunity and DBE Affirmative Action Programs. NOTE:Any project listed as 0%DBE availability does not mean that a DBE may not be used on 14at project.A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBEs. If you have any questions regarding this information, please contact the Equal Opportunity Office at(850)414-4747. DBE Reporting ifY ou are the prime contractor on a project, complete the attached Anticipated DBE Participation Statement and submit the information at the pre-construction or pre-work conference forallfederal and state funded protects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract,the prime contractor is required to report actual payments to all subcontractors through the web-based Equal Opportunity Reporting System (FORS), BizWeb. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful,your cooperation is imperative. If you have any questions concerning the completion or submission of this information,contact the FDOT E00 at(850)414-4747. Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBEs and non-DBEs. A form is included to record bidders' information for ALL subcontractors or sub-consultants who quoted to you for specific projects for this letting. a If a contractor quoted to you for more than one project you only need list that contractor once. If you have submitted a bidder's list to the Department previously, you need only list new companies who have quoted to you or requested to be on specific projects. If you do not know the answers to numbers 2,3, 4, or 5 you may leave them blank and the Depariment will complete them. This information should be returned with your bid package or proposal,package or submitted to the Equal Opportunity Office within three days of your submission. It can be mailed or faxed. Please reply to: Florida Department of Transportation Equal Opportunity Office 605 Suwannee Street, MS 65 l; Tallahassee, FL 32399-0450 (850)414-4747 (850)414-4879 a 1� 470-1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11 ANTICIPATED DRE PARTICIPATION STAEQUAL 03191 Page 2 of 8 1.FINANCIAL PROJECT NO. 2. FAP NO. 3. CONTRACT NO. 4.COUNTY IES 5. DISTRICT Z01,1110 �2 6.PRIME CONTMCTTOR NAME 7.FEID NUMBER of 1._t !►'1 �j C) B. CONTRACT DOLLAR AMOUNT 9. REVISION? IF YES,REVISION NUMBER: 9 2_0c :,S 10. IS THE PRIME CONTRACTOR A FLORIDA 11. IS THE WORK OF THIS CONTRACT CERTIFIED"DBE"?(DISADVANTAGED CONSTRUCTION®OR MAINTENANCE E17 BUSINESS ENTERPRISE) ' a YES 12.ANTICIPATED DBE SUBCONTRACTS: PERCENT OF DBE SUBCONTRACTOR or SUPPLIER TYPE OF WORKISPECIALTY DOLLAR AMOUNT CONTRACT DOLLARS A a B v C D 12F TOTAL DOLLARS TO 12G TOTAL PERCENT DBE'S OF CONTRACT $0.00 0.00% 13.SUBMITTED BY 14.DATE 15.TITLE OF SUBMITTER 16.EMAIL ADbRESS OF SUBMITTER 17.FAX NUMBER Q 18.PHONE NUMBER 1- NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL STATE AND FEDERALLY WWI FUNDED FDOT CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS.THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION OR PRE WORK CONFERENCE. FDOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FDOT USE 19.PROCESSED BY 20.DATE TO EO OFFICE 1 21.LETTING DATE 22-EXECUTED DATE 23.PRECON CONF DATE DIST 24.SUBMITTEDTOEO ® FAX ❑ EMAIL BY ❑ SHARED FOLDER EO 25.INCLUDED IN DBE PARTICIPATION REPORT OF MlD/Y OFC 470-2 275-030-11 EQUAL OPPORTUNITYOFFICE 03111 Page 3 of 8 Equal Opportunity Reporting System Information all To comply with changes in the Disadvantaged Business Enterprise (DBE) Program,the Department is collecting both actual payments made to subcontractors and sub-consultants,and DBE commitment amounts. Actual payments will be collected through the web-based Equal Opportunity Reporting System (EORS) and commitments will be collected through the Anticipated BE Participation Statements. It is extremely important that you continue to submit the Anticipated DBE Participation Statement at the pre-construction conference for all federal and state funded projects. This primary information is used by the State and Federal Government to evaluate our performance in the DBE Program. In addition,for federal and state funded projects,you must also report actual payments in the gqual Opportunity Reporting System. Revisions were made to the specifications beginning with the October 2000 letting that states in section 9-6.7: The Contractor is required to report monthly, through the Department's Equal Opportunity Reporting System on the Internet at www.dot.state.fl.us, actual payments,retainage, minority status, and the work type of all subcontractors and suppliers. Since the specifications were revised,we have made some additional modifications to ease the burden on the contractor. We will pursue making the permanent modifications to the specifications. In the interim, each month you must report actual payments to all DBE subcontractors, sub-consultants and suppliers. Payments to all non-DBE subcontractors and sub-consultants will need to be reported either monthly or at the end of the protect. Payments to non-DBE suppliers need not be reported at all This information can be submitted In hard copy form, If necessary. Instructions for accessing the EORS are included. If you have any questions, please contact the Equal Opportunity Office at(850)414-4747. INSTRUCTIONS FOR ACCESSING THE EQUAL OPPORTUNITY REPORTING SYSTEM Purpose The Florida Department of Transportation, Equal Opportunity Office has been charged with requirements of reporting Disadvantaged Business Enterprise Information to the U.S. Department of Transportation, Federal Highway Administration (FHWA)according to the new 49 Code of Federal Regulations Part 26. The Equal Opportunity Reporting system was developed as a solution to collect this information. Objective The Equal Opportunity Reporting system will collect information of actual payments and retainage paid to the Prime Consultant/Contractor by the Department of Transportation and the Prime Consul tant/Contractor's actual payments and retainage paid to their subs and suppliers, by the type of work they performed. The reporting of this information will be performed by the Prime on a monthly basis for an invoice or estimate number per contract. To establish access to the new Equal Opportunity Reporting Systern(BizWeb), contact Business Innovations Plus toll-free at 1-877-249-8725. The site location is http://www.bipincwebapps.com/bizwebfioridal 470-3 275-030-11 EQUAL OPPORTUNITY OFFICE 03111 re Page 4 of 8 INSTRUCTIONS FOR COMPLETING DBEIAA PLAN NOTE: THE DBE/AA PLAN MUST BE APPROVED BY THE EQUAL OPPORTUNITY OFFICE AND COMPLETED IN ACCORDANCE WITH CHAPTER 1478, FLORIDA ADMINISTRATIVE CODE DBE/AA PLANS DBE/AA Plans must be submitted by the prime contractor,be submitted on company letterhead (first page only), signed by a company official,dated and contain all elements of an effective DBE/AA Plan (sample enclosed). Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company's DBE Liaison Officer and/or President. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract. MAIL PLANS TO: Florida Department of Transportation Equal Opportunity Office 605 Suwannee Street, MS 65 Tallahassee, Florida 32399-0450 Questions concerning the DBE/AA Plan may be directed to the Contract Compliance Section by calling (850)414. 4747. i Emti " 1 470-4 ';1 275-030-11 EQUAL OPPORTUNITY OFFICE 03111 Page 5 of 8 DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of L� If i VIL that disadvantaged businesses, as defined by 49 CFR Part 26,Su part D and implemented and Rule Chapter 14-78, F.A.C., shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation. The requirements of Rule Chapter 14-78, F.A.C., shapply to all contracts entered into between the Florida Department of Transportation and -I— Subcontractors and/or suppliers to will also be bound by the requirements of Rule Zrapter 14-78 F.A.C. �ry and it's subcontractors shall take all nel-essable steps in accordariWe with Chapter 14-78, F.A.C.,to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation. yr? and its subcontractors shall not discriminate on the basis f race,color, religion, nation origin, disability, sex, or age in the administration of contracts with the Department of Transportation. 1 1G7 has designated and appointed a Liaison Officer to dev op, maintain, and monitor theiDBE Affirmative Action Plan implementation. The Liaison Officer will be responsible for disseminating this policy statement throughout 16 p )-ez-f and to disadvantaged controlled businesses. The statement is posted on notice boards of ne Company. OV X President X Date 470-5 275-030-11 EQUAL OPPORTUNITY OFFICE 03111 page 6 of 0 I DESIGNATION OF LIAISON OFFICER 1 will aggressively recruit disadvantaged 44 tment of Transportation. The Depar businesses as subcontractors nd suppliers for all contra s Affirmativs wi he e Action Plan in accordance with the requirements Company has appointed a Liaison Officer to develop and maintain of Rule Chapter 14-78, F.A'C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Florida Department of Transportation contracts; (2) The Liaison Officer will submit all records,reports,and documents required by the Florida Department of Transportation,and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of the Florida Department of Transportation. The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of the Florida Department Transportation. (Liaison Officer's Name)'I t � ° (Your Company's Name)` ` V�� 1040 (Your Companys Address) t3(QO .J rpt S (Phone Number for Liaison Officer) _7 2 -S-6 4.�1-Com' (Enter FEIN or Tax Id Number)(p'S- C)VE gLLIL II. AFFIRMATIVE ACTION METHODS � In order to formulate a realistic Affirmative Action Plan, has identified the following known barriers to participation by disadvantaged bcontractors,before des ing its proposed affirmative action methods: ` 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation work; 3. Lack of interest in performing on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a responsible bid. In vie the bar ers to disadvantaged businesses stated above, iio paov ll be dethe policy of opportunityb_y.utilizing the following _ p Transportation. affirmative tion methods t ensure p� cipation on the contracts with thewFiorida Department of 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company; 2. Advertise in minority focused media concerning subcontract opportunities with the Company; ihood of contract 3. Select portions of work to be performed by i DBEsdn contracts n order intoase the economically lfeasib a unitsgto facilitate r goals(including,where appropriate,breaking DBE participation); 470-6 275-030-11 EQUAL OPPORTUNITY OFFICE 03111 Page 7 of 8 4. Provide adequate information about the plans, specifications, and requirements of the contract, not rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirements of performance bonds where it is practical to do so; 6. Attend pre-bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. J tfj / iCf I understands that,this list of affirmative action methods is not exhae,stiVe and will include additior6h approaches after having established fariiiliarity with the disadvantaged subcontracting community and/or determined the stated approaches to be ineffective. III. IMPLEMENTATION 0 /1 r On contracts with specific DBE goals, l�"f� fin. Ci: will make every effort to meet contract goals as stated by utilizing its affirmative action metho On projects with no specific goals,the Company will,as an expression of good faith, seek to utilize DBE subcontractors where work is to be subcontracted. IV. REPORTING � I shall keep and maintain such records as are necessary to d mine the Company's compli e with its DBE Affirmative Action Plan. The Company will design its record keeping system to indicate: 1. The number of DBE subcontractors and suppliers used by the Company, identifying the items of work, materials and services provided; 2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts,to include correspondence,telephone calls, newspaper advertisements,etc., to obtain DBE participation on all Florida Department of Transportation projects; 4. The Company shall comply with Florida Department of Transportation's requirements regarding payments to subcontractors including DBEs for each month (estimate period)In which the companies have worked. V. DDE DIRECTORY �, +j Its) I� _ J �f will utilize the DBE Directory published by the Florida Departmiiit of Transportation. The Company will distribute Form Number 275-030-01, Schedule A Certification Form Number 1, to potential DBE contractors and assist in their completion. 470-7 I�- 4 275-030-11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EQUAL OPPORTUNITY OFFICE C'Qc�STRUCTION CONTRACTORS 03111 Page 9o(8 SID OPPORTUNITY LIST Please complete and mail or fax to: Equal Opportunity Office 605 Suwannee St., MS 65 Tallahassee, FL 32399-0450 TELEPHONE: (850)414-4747 FAX: (850)414-4879 This information may also be included in your bid or proposal package. Prime Contractor/Consultant: 7Z,2c ,7�( Address/Telephone Number: Bid/Proposal Number: I Quote Submitted MM/YR: I 49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a"bid opportunity list"The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT-assisted contracts.The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT-assisted projects,including both DBEs and non-DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide information for Nos-1, 2, 3 and 4 and should provide any information they have available on Numbers 5, 6,7, and 8 for themselves, and their subcontractors and subconsultants. q 0 -(A9303b 6_ ❑ DBE 8. Annual Gross Receipts 1. Federal Tai ID Number: �� Non-DBE ® Less than$1 million 2. Firm Name. �OIZ u` J ❑ Between $1 -$5 million 3. Phone:__(_JIZ ❑ Between $5-$10 million 4. Address: �7c 7. [X Subcontractor ❑ Between $10- $15 pillion t 3rc1 2 ❑ Subconsultant ❑ More than $15 million IS2,ti h 5. Year Firm Established: 2,0 13 6. ❑ DBE 8. Annual Gross Receipts 1. Federal Tax ID Number: ❑ Non-DBE ❑ Less than$1 million 2. Firm Name: ❑ Between $1 -$5 million 3. Phone: ❑ Between $5-$10 million 4. Address: I � 7. EJ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 6. ® DBE 8. Annual Gross Receipts h 1. Federal Tax ID Number: ❑ Non-DBE El Less than $1 million 2. Firm Name: ❑ Between $1 -$5 million 3. Phone: ❑ Between $5-$10 million 4. Address: 7. EJ ❑ Between $10-$15 million _ ❑ Subconsultant ❑ More than $15 million E._ i 5. Year Firm Established: 470-8 . 1 J SECTION 00477 e NONCOLLUSION AFFIDAVIT OF PRIME BIDDER I State oft L VZG } County of i' �o� I Ak,it~ } being first duly sworn, disposes and says that: (Name /s) - 5 " Title n L �j the Bidder that ( ) 1. They are Lea Ir e� d4U 1 _of (Name of Company) ® has submitted the attached bid; fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances 2. He is Y respecting such Bid; 3. Such Bid is g enuine and is not a collusive or sham Bid; ees or parties in ents, representatives, employ 4. Neither the said Bidder nor any of its officers, partners, owners, ag Por ith including this affiant, has in any way colluded, conspired, in connectionnivedn therconitractiforirwhi hectly vthe interest, r person to submit a collusive or such Contract or has in any manner, any other bidder, firm o p attached bid has been submitted or to refrain from bidding in connection with or to secure through any collusion, r indirectly, sought by agreement or collusion or communication or conference with any other Bidder,firm It directly or prices in the y y erson interested in the or person to fix the priceounlawful agreement any advantage against Bthe Count or an p conspiracy, connivance proposed Contract; and ice or rices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, 5. The pr pent on art of the Bidder or any of its agents, representatives, owners, connivance or unlawful iinterest,est ncluding this affiant. employees, or parties (Signed) (Title) P`es C STATE OF FLORIDA } COUNTY OF INDIAN RIVER)SS: ' 1` The foregoing instrument was acknowledged before me this (Date) who is personally known to me or who has produced by: as identification and who did (did not)take an oath. ? &sign name) Notary c� Commission No. MY C'i*M.." •f-;..� ;.3u3C4 E uvtw:Ochi xs u3,2Qi9 oraQ'' 1l.Ibeg4G�x 00472 F:\Publi Works\ENG INEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Dcoumements\00472-NONCOLLUSION AFFIDAVIT OF PRIME BIDDER.doc SECTION 00474 - CERTIFICATION REGARDING LOBBYING The undersigned Bidder/Contractor certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Stwdard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying", 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] 3 The undersigned shall require that the language of this certification be included in the awards documents ( ) for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. 1352 (1)-(2)(A), any person who makes a prohibited expenditure of fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure] The Bidder/Co ntractor certifies or affirms the truthfulness and accuracy of each statement of its certification and , disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Company Name: VD Authorized By: (Sign) (Print Name) _ Title: T e-�1C:�ty 1 Date: j n 00474 ___... non iGrTc\nRerR_nig nivia H\en1 SiHAwalk PAM Ln-45th St)\Admim\bid documents\LAP .�__ SECTION 00476 - Certification Regarding Debarment Transactionand Voluntary Exclusion--Primary Covere he city Of The Bidder certifies that, the firm or any person cdirecdtotherewith elagerman ,taud topaand/or owner, partner, director, officer, principal, investigator, project position involving the administration of federal funds: edineligible (a) are not presently debarred, suspended, propose neden 49 CFR s29.1for debarment, d1O(a)r by any federal voluntarily excluded from covered transactions, as department or agency; b have not within a three-year period preceding this certification been offense itetlonne had a civil judgment rendered against it for: commission of fraud or with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state o nolfrrecordsst umak�rg false(ssion of statements, or receivingl theft, forgery, bribery, falsification or destruct) stolen property I (c) are not presently indicted for or otherwise cof anyoffensesorthecivilly charge enby eratedr in state ,or local governmental entity with commission paragraph (b) of this certification; and have not within a three-year period preceding this certification had one or more federal, state, or )local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation.' M Company Name: U Authorized By: / (Print Na ) (Sign) Date: �._ Title. t'41 - 00476 FAPublic Works\ENGINenRING DIVISION PRoOn Regarding 13-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid rinrnmants\LAP Docum SEUI.IVIV 00490 275-030-13 Si ATE OF FLUYIudn ULt'oLK 7idtEFdT OF Tt'�"HSo�RTATION EOU-41,OPPORTI I1,11TY OFFICE CERTIFICATION OF NON SEGREGATE: N NON DISCRIMINATION SECTION 1: PROJECT IDENTIFICATION 4Coun 6.District or Name of Local A enc 1.Financial Pro ect No. 2.F.A.P.No. 3.FDOT LAP Contract No. . C t -6 -1 cJJ c `I .-rpt t- 6.Prlme contractor's Name f ontractor Su tier Rental Co an or A enc Submittin this certification 8.FEID No of Co.I�ox� "com SECTI N 2: CERTIFICATION STA EMENTS CERTIFICATION OF CERTIFICATION OF NON DISCRIMINATI6N NONSEGREGATED FACILITIES As a federally assisted construction contractor, I As a contractor, sub recipient or subcontractor on Federally funded contract, this company certifies that it hereby certify:the following for t his company: shall not discriminate on the basis of race, color, national A. This company does not maintain or provide origin, or sex in the performance of sdbh contracts. any segregated facilities for employees at e contractor any of our establishments and we doot 49 CFR Part 26 initthe award and ladministration of DOT permit our employees to perform their The company lure to services at any location, under our control, assist o contracts.these equ requirements is as rmater al breach of where segregated facilities are maintained. carry contrast,which may result in the contract's termination or B. Agreement that a breach of this certification such other remedy as the recipient deems appropriate. is a violation of the equal opportunity clause Each subcontract, rental agreement and or material in this contract. supplied agreement this company subsequently Enters C. We will obtain and retain Identical into for this contactwill require this same Certification. certifications from proposed subcontractors prior to the award of subcontracts exceeding Itis the policy of this company to assure that applicants t from the are employed, and that employees are treated during $10,000 which are notexempt clause. employment, without regard to their race, religion, sex, provisions of the equal opportunity color, national origin, age or disability. Actions include: employment, upgrading, demotion, or transfer; As used in this certification, rooms, otoem, "segregated k areas, layoff or ,� waiting recruitment or recruitment advertising; y facilities means any and other forms of restrooms and washrooms; restaurants and termination; rates of pay fountains, recreation or entertainment area, compensation; and selection for training, including provided for apprenticeship, pre apprenticeship, and/or on-the-job transportation, and housing facilities p Plicit training. employees which are segregated by ex directives or are in fact segregated on the basis of project his tified above race, color, religion or national origin because of and affirms ou�commitm nt t the nondiscrimination habit,local custom, or any other reason. and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions of FHWA-1273. Compliance with Title VI of the Civil Rights Act and the provisions of the American Disabilities Act of 1990 are _ inco orated in this certification. mad in Box 9 9.Name first/last of co orate Official si nin Certification 1f).Job Title of person na'Co An &A- _a. 4AA', � 10 12. Date of Si nature 11.Si nature of C in Official a r 004901 EQUAL OPPOR_nJN17YUFHCE niios Certification of Non Segregation & Non Discrimination Instructions for Completing Form This form is provided to contractors on federally assisted road and bridge construction projects to affirm their commitmer,. to nondiscrimination and non segregated facilities during the term of a contract_ Box 1: Fin.Proj No.—The Financial Project Number Box 2: FAP No:—The Federal Aid Project Number assigned to federally funded projects or'non-FAP' M Box 3: FDOT LAP Contract No.—The project's Local Area Project(`LAP') number h Box 4: County _Countyor counties prblect work is being performed in I3oX 5: Dlsariot or LOd9I A �- O6hcy The Department's District Number Designation where the prod; is located Districts the Tum iko District or the name of the oity, county or entity administering the contra' are 14, and P Boxy Pi`tm Cglittl�oto[r Name--The name of tfie pnme contra .or,. Box'1ompatt. "Ma..mie of Contractor,Supplier,F�eetal.Company or Agency Submitting this.certif cation_-name of y company submi�.nJ the cedification gox a= Ffrlb No.—WON Identification Number of Orripany named in.W7 Box 9;Name(first, ias>tOf corporate offclal signing certification. First name, last name Box 10Jbb Title of person n0oled in.9ox 9—job title. Box 11 Signature of Certifying OW1611al—signature of person named in Box 9 Box 126.Date of signature>—Mdrithlday(year of signature w q q SECTION 00492 - BUY AMERICA CERTIFICATE OF COMPLIANCE f!, l f� w� q � � CERTIFICATE OF COMPLIANCE COMPLIANCE The bidder hereby certifies that it will comply with the requirements of 23 C.F.R. 635.410, as amended, and utilize only iron or steel manufactured in the United States, or components made with iron or steel that meet the Buy America requirements. Bidder acknowledges that it will be required to produce Buy America certification(s) from the producer(s) of the steel or iron or components prior to incorporating any such materials into the work or project. Company Name: P-13 Authorized By: (Sign) (Print N e) Title: DateJ � 4 00492 F:\Public Works\ENGINEERING DIVISION PROJECTS\08456 -Old Dixie Hwy Sidewalk(38th Ln -45th St)\Admim\bid documents\LAP Documents\00492 - BUY AMERICA CERTIFICATE OF COMPLIANCE.doc SECTION 00494 - DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that ,fit I does: (Name of Business) `' 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under this bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo confendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 71 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm corn lies fully with the above requirements. Bidders Signature Date F 00494 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00494-DRUG FREE WORKPLACE CERTIFICATION.doc SECTION' 00496 STATE Or FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-Z6 LAP CERTIFICATION :OF CURRENT CAPACITY PRODUCTION SUPPORT i 2jO9 Page 1 of 2 CONFIDENTIAL Fill in your FOOT7 Vendor Number F0 d r bids to.�gi r0peNt- on (Letting Date) VF————————————— (Only applicable to FDOT p're-quajifi.ed contractors) CERTIFICATE 1 hprppy cartify ithot der for the above letting do#0 rip h t j pfthe of any proposal submitted this OX 00 the�ffioun r.,M.$. CAPAPITY(maximum capacity rating less'total uncompleted work). T -Thalotal.uncomPtslej workas shown on 0 ,ftjs of G4* J pp Hand" report(page 2) I further certify that the"Status of diantrads on Hand.'.''report(page 2)was'pt .pre.0 low P 1, -If theletting is before the 25 h day of q prith. the cOrtfflcate and report r'efl6dt,..thbuna0thpl6tsd Work as of1hell.5 00y.ofthq 6166th, last preceding the radhith of 1:116.letting. 2. If5th ,e nn work In progress a4 of (ho,letting is Ofter the 2 day.of the qp1h, the certificate and.report refleqti�.the uncompleted Wo to,15th'day of the,month of the letting. 3*,. All new ddhtrads (and tu1*tJd.ohtfa6ts).9WZtrded earlier than five days before the letting date are included in the report d I antharged Against ourldt.W-raliqg, h afjdh..ab6v Is...Otxrrect. Fill.M S.W-bt-hito and subscribed this Al—day 6f 20 Title, DMORM ST My COMMISSION 5 plAA0 EXPIRES:OctoL,:;.-C1,2A ',,OFFI.NolmY 133M01#'WOW Ap.Y Q0496-1 At am 525-010-45 PRODUCTION SUPPORT STATLaS OF CONTRACTS 12109 ON HAND Page 2 of 2 (furnish complete information about all your contracts.,whether prime or subcontracts; whether in progress or awarded.but not yet begun; and regardless of whom contracted with.) 3 4 5 6 UNCOMPLETED AMOUNT TO BE DONE CONTRACT(OR AMOUNT BALANCE OF BY YOU PROJECTS SUBCONTRACT) SUBLET CONTRACTPRIME AS OWNER, LOCATION AND.DESCRIPTION AMOUNT TO OTHERS AMOUNT AS To L,4T-C- CONTRACTOR SUBCONTRACTOR 2-S 22 ........................ (TJ v 4 M5 t �1 oze-ZStv r,aA-I wfvD i I . - . il 14-�o I 6 0- r 0-:;� b 2-140q L 'AN S La V NOTE: Columns 2 and 3-to show total:.,contract(or subcontract)amounts.. Column:4 to be difference TOTALS 33 �0.00 ' between columns 2 and 3. Amount in columns 5 or-6to be uncompf6fbd portion of amount in column 4. All <i 3, amounts to be shown I to nearest$1 1 00. The C;ohtrattlDr rnaycohSojlftteland llst-asasirilgla item all than TOTAL UNCOMPLETED WORK ON contracts which,individually,do notexceed 3%moftotat,and which., in the aggregate;amount-to less HAND TO BE.DONE BY YOU $0.00 20% of the total. (TOTAL COLUMNS 5 AND 6) F FLORIDA D � �e 700-010-36 t __ OJ CONSTRUCTION s^ STATE O DEPARTMENT OF TRANSPORTATION 1C/07 �F� T WORK I� CERTIFICATION ®F SUBLET (Seal! -O: THE SATE OF FLGRIDA DEPARTMENT OF TRANSPORTATION General Info Contractor q t r ` Date: Prime Contractor Ia: Request No.: �j Q p D (� By IF CORPORATION,AFFIX SEAL I FAP No.:,' � c� .._�.,� <,,.. � � F.E.�,D_# r ivu Fin- Proj. ID: Z � ' �'T ' �" Cont. No-! GZ�_ Z _ Address County: ��Y—r ,d,EA/ Total Contract Amount Total 2 W 2 © _ - Total Amt FEID# Subcontract to Whom Work Description :�` Sublet z Subcontractor Name L" l Ce t I i i Totaling but not I d to Contract All pertinent provisions and requirements of the FHmVIcontract in lupe ial P ovisionls-Specific Equal Opportunity Provisions Federal-Aid Construction Contracts( County Of ^ twill be submitted upon request,to the State of Florida Department of Responsibilities(Per 23 CFR-6338 of Fede ac-AId Policy Guide)will be part of the subcontract. It is agreed that an State of Florida of the subcontract day Executed or a certified copy Mance with all Contract provisions and that the ts own organization, by Contractor will Transportation. All sublets wall be in continued compliance Sworn t0 and subscribed before me this o 1�\(� [ by �1�(1 �` continue to perform the minimum that,aspnmetcont actorWthelunders undersigned roma ns responsible for the proper Contract. It is recognized and agreedat. ease (Frint''name of p son signing Certification) does not relieve or of this form to the subcontractor/ of performance of all requirements of said contract bond. TheContractor shall send a copy of this and his surety or either _} A of them of any liability under the subordinate(with a copy of FHWA 7273 on Federal-AId Projects)and the Surety Company. The Prime certify that 4NOtOP�ubllc, Vit`' r EE13�ez firms or individuals,debarred or suspended by the FHWA or the Department,are not being used as subcontractors. I ` 0 C nor r.<; ;-03,2015 subject the person Commission Expires t sa+canav Fi.rm� yU. I A false statement or omission made in connection with this certification is sufficient cause for suspension. (;cable � OR Produce e revocation,or denial of qualification to bid,and a determiriation of non-responsibility,and may Personally Known and/or entity making the false statement to any and all civil and criminal penalties available pursuant to applicable Type of Identification Produced Federal and State Law. Instructions for Form: The contractor must provide enough information through a Schedule "A"spreadsheet to determine which pay-items)are being sublet, the amounts, and cost. For sublet calculations, the amount will be calculated based on the actual contract unit price(s)unless there is a partial sublet. For partial sublets, use the unit prices from the actual sub-contract. 1) Enter the Date of the certification of sublet work was prepared. 2) Enter the sequential number of the request starting with number 1. 3) Enter the Federal Aid Project number for the Prime Contractor if any. 4) Enter the Financial Project Identification number of the Contract. 5) Enter the Contract number of the Contract with the Department. 6) Enter the County name where the work is being performed. 7) Enter the Name of the Prime Contractor. 8) Enter the FEID number of the Prime Contractor. 9) Enter the Original Contract dollar amount(round to nearest whole dollar). 10) Enter a "Y" in the space marked Change if any information on the line has changed since the previous certification of sublet work was prepared. Otherwise, leave blank. 11) Enter the Subcontractor names. Enter all the subcontractor(s)regardless of their tier. 12) Enter the tier number for the subcontractor. If the subcontractor works directly for the Prime Contractor, enter a "'I". If he works one level below, enter a "2" and so on. 13) Enter the FEID number of the Subcontractor(s). 14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor. 15) Enter a short description of the work to be performed. 16) Enter a"P" if any pay-item for the sublet is a partial sublet. 17) Enter the DBE status for the subcontractor: "D"for DBE, "N"for non-DBE. 18) The Department may require subcontractor to be prequalified with the Department as described in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain certain classes of work that require specific expertise. 19) One(1)copy of this form shall be submitted to the District Office by the contractor. 20) To be signed by principal of the firm or someone with the delegated authority and notarized. 00500-2 BOARD OF COUNTY COMMISSIONERS �g1VER G`� Z y * �F �LOR10P February 17, 2015 Timothy Rose Contracting, Inc. Attn:Tim Rose 1360 SW Old Dixie Highway,Suite 106 Vero Beach, FL 32962 NOTICE OF AWARD Reference: Indian River County Bid No. 2014032 Old Dixie Highway Sidewalk Improvements 38th Lane to 451h Street(IRC Project#08458) Dear Mr. Rose: It is my pleasure to inform you that on February 17, 2015, the Board of County Commissioners awarded the above-referenced project to your company.The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Public Construction Bond in the amount of 100%of the contract amount($129,200.52). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance must name Indian River County as additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255.05(1)(a),Florida Statutes,you are required to execute a Public Construction Bond for the above referenced project. Please submit the Bond,the Certificate(s)of Insurance and two fully-executed copies of the enclosed agreement to this office at the address provided below no later than Wednesday, March 4, 2015. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of award. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact our office. Sincerely, Jennifer Hyde Purchasing Manager cc: Michael Nixon, P.E., Roadway Production Manager Office of Management and Budget •Purchasing Division 180027 th Street,Vero Beach,Florida 32960•(772)226-14169Fax:(772)770-5140 E-mail:purchasing@ircgov.com SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Paqe ARTICLE1-WORK.................................................................................................................................2 ARTICLE2-THE PROJECT..................................................................................................................2 ARTICLE3—ENGINEER........................................................................................................................2 ARTICLE 4-CONTRACT TIMES.........................................................................................................2 ARTICLE5-CONTRACT PRICE..........................................................................................................3 ARTICLE 6- PAYMENT PROCEDURES.............................................................................................3 ARTICLE7- INDEMNIFICATION........................................................................................................5 ARTICLE 8-CONTRACTOR'S REPRESENTATIONS.....................................................................5 ARTICLE 9-CONTRACT DOCUMENTS............................................................................................6 ARTICLE 10-MISCELLANEOUS.........................................................................................................7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR 00520-1 F:\Purchasing\Bids\2013-2014 FY(2014000)\2014032 Old Dipe Hwy Sidewalks\00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR.doc } SECTION 00520 -Agreement(Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and_Timothy Rose Contracting Inc (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project will consist of the construction of a 5' wide concrete sidewalk along the east side of Old Dixie Highway between 38th Lane and 45th Street, a gross length of approximately 4,500 linear feet. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Old Dixie Highway Sidewalk Improvements, 38th Lane to 45th Street County Project Number: 0845B FM Number: 423186-2-58-01 Bid Number: 2014032 Project Address: Old Dixie Highway from 381h Lane to 45tt' Street, Indian River County, FL ARTICLE 3—ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 60th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR 00520-2 F:\Purchasing\Bids\2013-2014 FY(2014000)\2014032 Old Dixie Hwy Sidewalks\00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR.doc 14.07 of the General Conditions on or before the 75th day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $758.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER JZ58.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 -CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: Written Amount: Dh� 14 ( iY ? ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A.The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent 00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR 00520-3 FAPurchasing0ds\2013-2014 FY(2014000)\2014032 Old Dixie Hwy Sidewalks\00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR.doc (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half(1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR 00520-4 FAPurchasing\Bids\2013-2014 FY(2014000)\2014032 Old Dixie Hwy Sidewalks\00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR.doc ARTICLE 7 -INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR 00520-5 F:\Purchas1ng\13ids\2013-2014 FY(2014000)\2014032 Old Dixie Hwy Sidewalks\00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR.doc I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment(pages 00622-1 to 00622-6, inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of Work(pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor' and Mapper's Certification as to Elevations and Locations of the Work(page 00634-1); 9. General Conditions (pages 00700-1 to 00700-45, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-10, inclusive); 11. Specifications as listed in the table of contents of the Project Manual (Divisions 1 and 2, inclusive); 12. Drawings consisting of a cover sheet and sheets numbered 2 through 33, inclusive, with each sheet bearing the following general title: Old Dixie Highway Sidewalk Improvements; 13. Addenda (numbers__L_to inclusive); 14. Appendices to this Agreement(enumerated as follows): Appendix A—Nondiscrimination Agreement Appendix B—Indian River County Fertilizer Ordinance; Appendix C- Permits Appendix D- Federal Required Contract Provisions; Appendix E—FHWA 1273; 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 430-1); 00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR 00520-6 F:\PurchasingXBids\2013-2014 FY(2014000)\2014032 Old Dixie Hwy Sidewalks\00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR.doc 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 456-1 to 456-4, inclusive); 20. List of Subcontractors (page 00458-1); 21. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); d) Notice of Award; 22. Equal Opportunity Office Forms (pages 470-1 to 470-8, inclusive); 23. Non-Collusion Affidavit (page 00472); 24. Certificate Regarding Lobbying (page 00474); 25. Certificate Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Primary Covered Transactions (page 00476); 26. Certification of Non Segregation & Non Discrimination (pages 00490-1 to 00490-2, inclusive); 27. Buy America Certificate of Compliance (page 00492); 28. Drug Free Workplace Certification (page 00494); 29. LAP Certification of Capacity/ Status of Contracts on Hand (pages 00496-1 to 00496-2, inclusive); 30. Certification of Sublet Work(pages 00500-1 to 00500-2, inclusive); 31. USDOL Wage Determination—FL140213; 32. FHWA 1273; ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract 00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR 00520-7 F:\Purchasing\Bids\2013-2014 FY(2014000)\2014032 Old Dixie Hwy Sidewalks\00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR.doc A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 00520-Agreement(Public works)FOR LAP PROJECTS-FOR CONTRACTOR 00520-8 F:\Purchasing\Bids\2013-2014 FY(2014000)\2014032 Old Dixie Hwy Sidewalks\00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on February 17. 2015 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By OMMI Zesley S. Davis, Chairman (Contractor) all By: %�! • 1 t '* :OF7EAL) osep A. Baird, County Administratol ? ttest 1. �,2�•,� ;off;• APPROVED AS TO F M N LEG' SUFFI ENCY: �w��'ER000�� �' By- Dylan ReinaolY,toufity Attorney Address for giving notices: We Jeffrey R. Smith, Clerk Court and troller N 2 License No.GfzC 05 1 d Attest: (Where applicable) Depu rk (SEAL) Agent for service of process: Designated Representative: Name: Christopher J. Kafer, Jr., P.E. Designated Representative: Title: County Engineer Name:1 1801 27th Street Title: ray Vero Beach, Florida 32960 Address: (772) 226-1221 kst cc 5W p Facsimile: (772) 226-9391 _ 3zgG2- Phone: '11Z, S7oq,17no Facsimile-11 Z. n4."11816 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ** END OF SECTION 00520- ) Works Public Agreement FOR LAP PROJECTS-FOR CONTRACTOR 9 ( 00520-9 F:\Purchasing\Bids\2013-2014 FY(2014000)\2014032 Old Dixie Hwy Sidewalks\00520-Agreement(Public Works)FOR LAP PROJECTS-FOR CONTRACTOR.doc 2015 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#S75343 Jan 09, 2015 Entity Name: TIMOTHY ROSE CONTRACTING, INC. Secretary of State CC4127399909 Current Principal Place of Business: 1360 OLD DIXIE HWY SW STE 106 VERO BEACH, FL 32962 Current Mailing Address: 1360 OLD DIXIE HWY SW STE 106 VERO BEACH, FL 32962 US FEI Number: 65-0284242 Certificate of Status Desired: No Name and Address of Current Registered Agent: ROSE,TIMOTHY W. 1360 OLD DIXIE HIGHWAY SW 106 VERO BEACH,FL 32962 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title P Title SEC Name ROSE,TIMOTHY W. Name ROSE,RONALD Address 1360 OLD DIXIE HWY SUITE 106 Address 1360 SW OLD DIXIE HWY#106 City-State-Zip: VERO BEACH FL 32962 City-State-Zip: VERO BEACH FL 32962 Title TREA Name ROSE,LISA A Address 1360 SW OLD DIXIE HWY#106 City-State-Zip: VERO BEACH FL 32962 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:TIMOTHY W. ROSE PRESIDENT 01/09/2015 Electronic Signature of Signing Officer/Director Detail Date Page 1 of 5 General Decision Number: FL140213 02/07/2014 FL213 Superseded General Decision Number: FL20130272 State: Florida Construction Type: Highway County: Indian River County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/03/2014 1 02/07/2014 * ELEC0915-004 12/01/2013 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 25.13 34.5$+$0.25 ---------------------------------------------------------------- SUFL2013-031 08/19/2013 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.68 0.00 CEMENT MASON/CONCRETE FINISHER, Includes Form Work. . . . .$ 15.01 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) . . . . .$ 15.57 0.00 HIGHWAY/PARKING LOT STRIPING: Painter. . . . . . . . . . . . . . . . . . . . . . . . .$ 12.13 0.00 IRONWORKER, ORNAMENTAL. . . . . . . . . . .$ 13.48 0.00 IRONWORKER, REINFORCING. . . . . . . . . .$ 15.38 0.00 IRONWORKER, STRUCTURAL. . . . . . . . . . .$ 16.42 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor. . . . . . . . . . . . . . . . . . . . . .$ 14.05 0.00 LABORER: Common or General. . . . . .$ 10.69 0.00 LABORER: Flagger. . . . . . . . . . . . . . . .$ 13.09 0.00 LABORER: Grade Checker. . . . . . . . . .$ 14.66 0.00 LABORER: Mason Tender - Cement/Concrete. . . . . . . . . . . . . . . . . .$ 12.58 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 12.44 0.00 file:///C:/Users/en4O81k/AppData/LocaVremp/LowMOCLJCL.htm 3/12/2014 Page 2 of 5 LABORER: Laborer-Cones/ Barricades/Barrels - Setter/Mover/Sweeper. . . . . . . . . . . . .$ 11.79 0.00 OPERATOR: Backhoe/Excavator/Trackhoe. . . . . . .$ 14.96 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 12.88 0.00 OPERATOR: Broom/Sweeper. . . . . . . . .$ 12.91 0.00 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 15.23 0.00 OPERATOR: Concrete Finishing Machine. . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.44 0.00 OPERATOR: Crane. . . . . . . . . . . . . . . . .$ 22.04 0.00 OPERATOR: Curb Machine. . . . . . . . . .$ 18.45 0.00 OPERATOR: Drill. . . . . . . . . . . . . . . . .$ 13.04 0.00 OPERATOR: Forklift. . . . . . . . . . . . . .$ 10.43 0.00 OPERATOR: Gradall. . . . . . . . . . . . . . .$ 14 .71 0.00 OPERATOR: Grader/Blade. . . . . . . . . .$ 18.20 0.00 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 13.14 0.00 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 17.52 0.00 OPERATOR: Milling Machine. . . . . . .$ 16.04 0.00 OPERATOR: Oiler. . . . . . . . . . . . . . . . .$ 16.67 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 15.47 0.00 OPERATOR: Piledriver. . . . . . . . . . . .$ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) . . . . . . . . . . . . . . .$ 15.97 0.00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 12.50 0.00 OPERATOR: Scraper. . . . . . . . . . . . . . .$ 12.21 0.00 OPERATOR: Screed. . . . . . . . . . . . . . . .$ 14.14 0.00 OPERATOR: Trencher. . . . . . . . . . . . . .$ 14.25 0.00 PAINTER: Spray. . . . . . . . . . . . . . . . . .$ 19.57 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation. . . . . .$ 15.11 0.00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 11.86 0.00 file:///C:/Users/cn4O8lk/AppData/L.ocal/Temp/Low=OCLJCL.htm 3/12/2014 Page 3 of 5 TRUCK DRIVER: Flatbed Truck. . . . .$ 14.28 0.00 TRUCK DRIVER: Lowboy Truck. . . . . .$ 16.25 0.00 TRUCK DRIVER: Slurry Truck. . . . . .$ 11.96 0.00 TRUCK DRIVER: Water Truck. . . . . . .$ 13.57 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers file:///C:/Users/cn408lk/AppData/LocalfTemp/Low=OCLJCL.htm 3/12/2014 Page 4 of 5 Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: { an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. file:///C:/Users/cn4O8lk/AppData/LocaVremp/LowfI TOCLJCL.htm 3/12/2014 Page 5 of 5 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION file:///C:/Users/cn4O8lk/AppData/LocaVremp/Low/TTOCLJCL.htm 3/12/2014 FHWA-1273— Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. 1. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor, lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity: Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO. which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "it is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractors EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions:If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating, hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of B. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4). Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics, including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors,which are exempt. (iii)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship Contracting agencies may elect to apply these requirements to . the other projects. wage rates contained in the wage determination. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration, U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly, and mechanics working at the site of the work.Such records shall contain the name,address,and social security number of and that no deductions have been made either directly or indirectly from the full wages earned,other than each such worker,his or her correct classification,hourly rates of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved, on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed.In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages;liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1), in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal Code, 18 U.S.C. 1 tate subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. 7 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System, not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such This provision is applicable to all Federal-aid construction specialty items performed may be deducted from the total contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of This provision is applicable to all Federal-aid construction material and manufactured products which are to be contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is 8 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower 1.That any person who is or will be utilized in the Tier Participants(such as subcontractors and suppliers). performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred, suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.er)ls.go ,which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 I � ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1 c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 SECTION 00550 - Notice to Proceed Dated TO: (BIDDER) ADDRESS: Contract For: Old Dixie Highway Sidewalk Improvements, 38th Lane to 45th Street IRC Project No: 0845B IRC Bid No. 2014032 FM No. 423186-2-58-01 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 60 days for Substantial Completion of this project and 75 days for Final Completion. In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) 00550-Notice to Proceed REV 1-4-11.doc 00550-1 F:\Public WorksIENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\00550-Notice to Proceed REV 1-4-11.doc Rev.05/01 00610 - PUBLIC CONSTRUCTION BOND INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. 00610- 1 00610-Public Construction Bond.doc F:\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00610-Public Construction Bond.doc 3120150V10998 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2825 PG: 821,2/23/2015 2:45 PM Public Work P.S.Chapter 255.05(I)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES,AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2)OR SECTION 713.23 FLORIDA STATUTES, BOND NO; 6086203 CONTRACTOR NAME: Timothy Rose Contracting, Inc CONTRACTOR ADDRESS: 1360 Old Dixie Hwy Suite 106 — Vero Beach Fl.32962 _ CONTRACTOR PHONE NO; (772)564-7800 SURETY COMPANY NAME: Westfield Insurance Company SURETYrRINCIPAL One Park C'ircle, P 0 Box 5001 BUSINESS ADDRESS: _Westfield Center. OH 44251-5001 SURETY PHONE NO: (904)642-2144 OWNER NAME: 3ndian River County,a political subdivision of the state of Florida OWNER ADDRESS: 1900 27th Street Vero Beach, FL 32960 OWNER PHONE NO: (772)226-1416 OBLIGEE NAME: W mbectln`watity to dLUwd 4umt the mter,the mnhulbq Public at" OBLIGEE ADDRESS: OBLIGES PHONE NO: BOND AMOUNT: _One hundred twenty-nine thougand twn hundred dollars and 52/00($129,200.52) CONTRACT NO: 0f ePpltrable) , DESCIUrnONOPWORK: Old Dixie,Highway Sidewalk Improvements PROJECT LOCATION: 3Rth Lane.to 45th Street LEGAL DESCRIPTION: Cif qP8'ftbw FRONT PAGE All ether bead patte(e)ere dammod eabeegnmt to Pok pe=e reprdhr of any pap aanbe{s)Ihal my be prim fed thereos. 00810.2 00810-Public Constructlon Bond.doc F:Wublk:W0rk804GNEERtNG DIVISION PROJECTS108468-Old We Hwy Sklewalk(38th Ln-46th 9t)Wdrnim�bid doournenblMaster C-tract Occurnentsvo810-Public Conshico rt Bond.doo A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH,CLERK BK: 282`.1 PG: 922 PUBLIC CONSTRUCTION BOND Bond No. 6086 ni Tenter bond number) BY THIS BOND,We Timothy Rose Contracting, Inc. , as Principal and Westfield In5urance Cnrnpanyu a corporation, as Surety, are bound to Indian River County_ Florida ,.herein called Ow6er, In the sum of$ 129,200.52 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns,Jointly and severally. THE CONDITION OF THIS BOND is that If Principal: 1. Performs the contract dated Feb 18th, 2W_5_, between Principal and Owner for construction of Old Dixie Hwy Sidewalk Improvements Mh Lane to 45th Street, the contract being made a part of this bond by reference, at the times and in the manner prescribed In the contract;and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or Indirectly by Principal In the prosecution of the work provided for In the contract; and • 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, Including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified In the contract,then this bond is void; otherwise it remains In full force. .Any action Instituted by a-claimant under this bond for payment must be in accordance with the notice and time limitation provisions In Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and'compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond, DATED ON F,bruary is, 015. Timothy Rose Contracting, lnc, Name of ri ci a By (As Attorney In Facf) Cabot W. Lord Westfield Insurance (Name of Surgtyl 00610-3 00610-Public Cotsttvctlon Bond.doc "Pubk WorkMENG1NEERING oMSION PROJECTSY384513.Old Mole FMy Sidewalk(38th Ln-45th St)\Admlmtbld documentslNtaster Contract Doo¢an®nts100610-Public construction Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK 282 PG: 823 General POWER N0, 0990102 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as "Companies," duly organized and existing under the laws of the State of Ohio,and having its principal office in Westfield Center, Medina County, Ohio,do by these presents make,constitute and appoint CABOT W.LORD,JOSEPH E.COONS,JOINTLY OR SEVERALLY of PALM CITY and State of FL its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name. place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE UUAIFAATEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is herebyvested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf oftheCompany subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorne or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be vafYd and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8,2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presentsto be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of MARCH A.D., 2014 . Corporate • " WESTFIELD INSURANCE COMPANY Seals oi�sYx"t¢CO� ;ooP�nN^LI/nsGA. df �� WESTFIELD NATIONAL INSURANCE COMPANY Affixed vv�; w ;�: 1' -'• OHIO FARMERS INSURANCE COMPANY N SEAL AiITEI�s � •�t N; SEAL �''•.�^^ •��• yz,� fo. �'.• 1848 State of Ohio Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 21st day of MARCH A.D.,2014 ,before me personally came Dennis P. Baus to me known, who, being by me duly sworn,did depose and say, that he resides in Wooster, Ohio;that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial Seal ell' A L�""� Affixed P.• "' -S =r' • David A. Kotnik,Attorney at Law, Notary Public State of OhioN 0 My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: t y t• E OF 0rF I,Frank A.Carrin0,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this ]8t11 day of A.D. February `,. 2015 ..............., . •••,•..,,, may SEAL :m. ;O• :'a2Z / " / I e !!!I SaCI?t 1 648 's Frank A. Carrino, •��;: Secretary + STATE OF FLORIDA INi,S'd RIVER COUNTY BPOAC2(combined)(06-02) f.IG CERTIFY THATTHIS IS A TRUE P^!0 t0°R'Q THE ORIGINAL ON FILE IHOF';�E.r"S AY HAVE REDACTED IE.FORt#ATIONA5_';TED SIATUE 119, J.R.S.MIT LEEK By DEPUTY LEPK DATE �C-a�S OP ID:TJ (M MIDDIYYYY) ,acoRO` CERTIFICATE OF LIABILITY INSURANCE DATE 02//17/201517/2015 ��• THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:772-286-4334 CONTNAME:ACT Rick Halcomb Stuart Insurance,Inc. Fax:772-286-9389 PHONE 772_286-4334 Falc No):772-286-9389 3070 S W Mapp -C I E t Palm City,FL 34990 ADDRESS:rhalcomb@stuartinsurance.net Rick Halcomb,CIC,ARM PRODUCER TIMOR-1 CUSTOMER ID#: INSURERS AFFORDING COVERAGE NAIC# INSURED Timothy Rose INSURER A:Westfield Insurance 24112 Contracting,Inc. INSURER B: 1360 Old Dixie Hwy SW,Ste 106 Vero Beach,FL 32962 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRNDDL POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CMM6079889 06/06/2014 06/06/2015 PREMISES Ea occurrence $ 500,00 CLAIMS-MADE Fx_]OCCUR MED EXP(Any one person) $ 10,00 X Contractual Liab PERSONAL&ADV INJURY $ 1,000,000 X Incl XCU GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) A X ANY AUTO CMM6079889 06/06/2014 06/06/2015 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) $ X NON-OWNEDAUTOS UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,00 A CMM6079889 06/06/2014 06/06/2015 $ DEDUCTIBLE RETENTION $ A STATU- OTH- WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ N/A OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below 50,00 A Contractors Equip GMM6079889 06/06/2014 06/06/2015 Rented Equipment $1000 ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101 Additional Remarks Schedule,if more space Is req wired) n RE: Old Dixie Hwy Sidewalk Im rovemets J8th Lane to 45th Street (IRC Project# 0845B) Indian River County is additional insured witih respect to general liability for ongoing and completed operations when required by written contract. 30 days notice of cancellation, 10 days for non-payment CERTIFICATE HOLDER CANCELLATION IRCOU-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Indian River County 1801 27th Street AUTHORIZED REPRESENTATIVE Vero Beach,FL 32960 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 26(2009109) The ACORD name and logo are registered marks of ACORD At ® DATE / Y) v CERTIFICATE OF LIABILITY INSURANCE 2/17/17/20152015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER SUNZ Insurance Solutions, LLC ID(Essential) NAME: Jennifer Hau er c/o Essential HR, Inc. dba First Star HR P IC, o 214-492-1986 AAIC No: 251 O'Connor Ridge Blvd Suite 370 E-MAIL Irving,TX 75038 s: ennifer.hau er firststarhr.com INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: SUNZ Insurance Company 34762 INSURED INSURER B: Aspen Re-London-Best Rating"A" Essential HR Inc dba Employee Professionals INSURERC: Catlin Syndicate-Lloyds-Best Rating"A" 251 O'Connor Ridge Blvd Suite 370 INSURER D: Brit Syndicate-Lloyds-Best Rating"A" Irving TX 75038 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 23463564 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .ADDL SUER POLICY EFF POLICY EXP LIMITS M E OF INSURANCE POLICY NUMBER MMIDD/YYYY MM/DD AL GENERAL LIABILITY EACH OCCURRENCE $ DAMA ET RENTED $ S-MADE �OCCUR RE I E Ea occurrenMED EXP An one rson $ PERSONAL&ADV INJURY $ TE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-JECT FI LOC PRODUCTS-COMP/OPAGG $ COMBINED SINGLE LIMIT $ ABILITY Ea accident BODILY INJURY(Per person) $ ANY AUTO ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE NON-OWNED eraccident) $ HIRED AUTOS AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ $ DED RETENTION$ A WORKERS COMPENSATION WCPE0000018402 10/1/2014 10/1/2015 V STATUTE ER ' AND EMPLOYERS'LIABILITY YIN WCPE0000018401 10/1/2013 10/1/2014 1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If es,describe under EL.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below B Workers Compensation This is for informational purposes C Excess Coverage and nothing shall create any right under such reinsurance. D DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage provided for all leased employees but not subcontractors of.Timothy Rose Contracting,Inc. Effective date:10/1/2013 CERTIFICATE HOLDER CANCELLATION 62200099 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1801 27th Street ACCORDANCE WITH THE POLICY PROVISIONS. Vero Beach FL 32960 AUTHORIZED REPRESENTATIVE Glen J Distefano ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD CERT NO.: 23463564 Natalie Matthews 2/17/2015 11:58:05 AM (CST) Page 1 of 1 SECTION 00622 - Contractor's Application for Payment Old Dixie Highway Sidewalk Improvements, 38th Lane to 45th Street Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Bid No.: 2014032 Project No.: 0845B FM No.: 423186-2-58-01 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): % of completed Work: % of retainage: $ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622-Contractor's Application for Payment-03-10 rev.doc 00622-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\00622-Contractor's Application for Payment-03-10 rev.doc Rev.05/01 Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310, and Dated By: (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR,- and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this day of , 20 is personally known to me or has produced as identification. NOTARY PUBLIC: (SEAL) Printed name: Commission No.: Commission Expiration: [The remainder of this page was left blank intentionally] 00622-Contractor's Application for Payment-03-10 rev.doc 00622-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th Sl)Mmim\bid documents\Master Contract Documents\00622-Contractor's Application for Payment-03-10 rev.doc Rev.05/01 Page 3of5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, a corporation, in accordance with Public Construction Bond Number hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY.- Attest: URETY:Attest: Secretary Corporate Surety Business Address BY: Print Name: Title: (Affix Corporate SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared , to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this day of 20 Notary Public, State of My Commission Expires: [The remainder of this page was left blank intentionally] 00622-Contractor's Application for Payment-03-10 rev.doc 00622-3 F:%Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th SQ)Admim\bid documents\Master Contract Documents\00622-Contractor's Application for Payment-03-10 rev.doc Rev.05/01 Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment, that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE **************************************************************************************************** [The Remainder of This Page Was Left Blank Intentionally] 00622-Contractor's Application for Payment-03-10 rev.doc 00622-4 F.\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admlm\bid documents\Master Contract Documents\00622-Contractor's Application for Payment-03-10 rev.doc Rev.05/01 Page 5 of 5 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): 00622-Contractor's Application for Payment-03-10 rev.doc 00622-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00622-Contractor's Application for Payment-03-10 rev.doc Rev.05/01 PROJECT NAME: Old Dixie Highway Sidewalk Improvements, 38th Lane to 45th Street Project No. 08458 Payment Application No. WORK COMPLETED PREVIOUS BALANCE TO SCHEDULED VALUE APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS FINISH Item No. Description Unit Quantity Unit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL SUBTOTAL SUBTOTAL 0.00 0.00 1 0.00 0.00 0.00 0.00 0410 ME FORCE ACCOUNT 1 LS e� e 7; F , GRAND TOTAL TOTAL 0.00 AMOUNT COMPLETED TO DATE $0.00 MATERIALS STORED TO DATE $0.00 SUB-TOTAL MATERIALS STORED AND COMPLETED TO D DATE $0.00 m RETAINAGE AT 10% $0.00 0 TOTAL COMPLETED AND STORED LESS RETAINAGE $0.00 N ^' LESS PREVIOUS PAYMENT $0.00 m AMOUNT DUE CONTRACTOR $0.00 F:\Public Works\ENGINEERING DIVISION PROJECTS\084513 -Old Dixie Hwy Sidewalk (38th Ln -45th St)\Admim\bid documents\Master Contract Documents\00622-Contractor's Application for Payment Spreadsheet Example.doc SECTION 00630 - Certificate of Substantial Completion Date of Issuance: 20 OWNER: Indian River County CONTRACTOR- Project No.: 0845B FM No. 423186-2-58-01 Project Description: The project will consist of the construction of a 5' wide concrete sidewalk along the east side of Old Dixie Highway between 38t Lane and 45t Street a gross length of approximately 4,500 linear feet. OWNER's Bid No. 2014032 CONTRACT FOR: Old Dixie Highway Sidewalk Improvements 38th Lane to 45th Street This Certificate of Substantial Completion applies to all Work under the Contract Documents or i to the following specified parts thereof: To- OWNER And To- CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 00630-Certificate of Substantial Completion REV 04-07.doc 00630-1 FAPublic Works\ENGINEER ING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\00630- Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER- CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: (Date). ENGINEER: By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER: INDIAN RIVER COUNTY By: (Authorized Signature) * * END OF SECTION 00630-Certificate of Substantial Completion REV 04-07.doc 00630-2 FAPublic Works\ENGINEERING DIVISION PROJECTS10845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Hdmim\bid documents\Master Contract Documents\00630- Certificate of Substantial Completion REV 04-07.doc SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: Old Dixie Highway Sidewalk Improvements, 38th Lane to 45th Street IRC PROJECT NO: 0845B STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of 20 , enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 00632-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00632-Contractor's Final Certification REV 04-07.doc 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Corporate Seal) (Contractor) By: Subscribed and sworn to before me this_day of 20 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + 00632-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00632-Contractor's Final Certification REV 04-07.doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER'S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: (Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project: PROJECT NAME: Old Dixie Highway Sidewalk Improvements, 38t Lane to 45th Street INDIAN RIVER COUNTY PROJECT # 0845B I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision. I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents, except for discrepancies listed below. [Attach additional sheets as necessary] (SURVEYOR'S SEAL) CERTIFIED BY: Printed Name: Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name: Company Address: Telephone Number: 00634-Professional Surveyor and Mapper's Certification REV 04-07.doc 00634-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00634- Professional Surveyor and Mappers Certification REV 04-07.doc Rev.06/01 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY.....................................................................................................5 1.01 Defined Terms...................................................................................................................................5 1.02 Terminology.......................................................................................................................................7 ARTICLE2 - PRELIMINARY MATTERS......................................................................................................................8 2.01 Delivery of Bonds..............................................................................................................................8 2.02 Copies of Documents........................................................................................................................8 2.03 Commencement of Contract Times; Notice to Proceed...................................................................8 2.04 Starting the Work...............................................................................................................................8 2.05 Before Starting Construction.............................................................................................................8 2.06 Preconstruction Conference.............................................................................................................9 2.07 Initial Acceptance of Schedules........................................................................................................9 ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE................................................................9 3.01 Intent..................................................................................................................................................9 3.02 Reference Standards........................................................................................................................10 3.03 Reporting and Resolving Discrepancies...........................................................................................10 3.04 Amending and Supplementing Contract Documents.......................................................................10 3.05 Reuse of Documents.........................................................................................................................10 ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.....................................................................................................................................................11 4.01 Availability of Lands...........................................................................................................................11 4.02 Subsurface and Physical Conditions................................................................................................11 4.03 Differing Subsurface or Physical Conditions.................................................:...................................11 4.04 Underground Facilities......................................................................................................................12 4.05 Reference Points...............................................................................................................................13 4.06 Hazardous Environmental Condition at Site.....................................................................................13 ARTICLE 5-BONDS AND INSURANCE.....................................................................................................................14 5.01 Performance, Payment, and Other Bonds........................................................................................14 5.02 Licensed Sureties and Insurers........................................................................................................15 5.03 Certificates of Insurance ...................................................................................................................15 5.04 CONTRACTOR's Liability Insurance................................................................................................15 5.05 OWNER's Liability Insurance............................................................................................................16 5.06 Property Insurance............................................................................................................................16 5.07 Waiver of Rights................................................................................................................................17 5.08 Receipt and Application of Insurance Proceeds...............................................................................18 5.09 Acceptance of Bonds and Insurance, Option to Replace.................................................................18 5.10 Partial Utilization, Acknowledgment of Property Insurer...................................................................18 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES.................................................................................................18 6.01 Supervision and Superintendence....................................................................................................18 6.02 Labor, Working Hours.......................................................................................................................19 6.03 Services, Materials, and Equipment.................................................................................................19 6.04 Progress Schedule............................................................................................................................19 6.05 Substitutes and"Or-Equals"..............................................................................................................19 6.06 Concerning Subcontractors, Suppliers and Others..........................................................21 00700-General Conditions REV 5-10-13.doc i 00700-2 F:\Public Works\ENGINEERING DMSION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Wdmim\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10- 13 doe I 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 Furnish Data......................................................................................................................................27 8.04 Pay Promptly When Due...................................................................................................................27 8.05 Lands and Easements;Reports and Tests......................................................................................27 8.06 Insurance...........................................................................................................................................28 8.07 Change Orders..................................................................................................................................28 8.08 Inspections, Tests, and Approvals....................................................................................................28 8.09 Limitations on OWNER's Responsibilities........................................................................................28 8.10 Undisclosed Hazardous Environmental Condition...........................................................................28 8.11 Evidence of Financial Arrangements................................................................................................28 ARTICLE 9- ENGINEER'S STATUS DURING CONSTRUCTION.............................................................................28 9.01 OWNER'S Representative................................................................................................................28 9.02 Visits to Site.......................................................................................................................................28 9.03 Project Representative......................................................................................................................28 9.04 Clarifications and Interpretations.......................................................................................................29 9.05 Authorized Variations in Work...........................................................................................................29 9.06 Rejecting Defective Work..................................................................................................................29 9.07 Shop Drawings, Change Orders and Payments..............................................................................29 9.08 Determination for Unit Price Work....................................................................................................29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work.............................29 9.10 Limitations on ENGINEER's Authority and Responsibilities.............................................................30 ARTICLE 10-CHANGES IN THE WORK; CLAIMS....................................................................................................30 10.01 Authorized Changes in the Work....................................................................................................30 10.02 Unauthorized Changes in the Work................................................................................................30 10.03 Execution of Change Orders...........................................................................................................30 10.04 Notification to Surety.......................................................................................................................31 10.05 Claims and Disputes.......................................................................................................................31 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:Wublic Works\ENGINEERING DMSION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10. 13.doc 11.02 Cash Allowances.............................................................................................................................34 11.03 Unit Price Work...............................................................................................................................34 ARTICLE 12- CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES..............................................34 12.01 Change of Contract Price................................................................................................................34 12.02 Change of Contract Times..............................................................................................................35 12.03 Delays Beyond CONTRACTOR's Control......................................................................................35 12.04 Delays Within CONTRACTOR's Control........................................................................................35 12.05 Delays Beyond OWNER'S and Contractor's Control ..................................................... 35 12.06 Delay Damages...............................................................................................................................36 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK..................................................................................................................................36 13.01 Notice of Defects.............................................................................................................................36 13.02 Access to Work...............................................................................................................................36 13.03 Tests and Inspections.....................................................................................................................36 13.04 Uncovering Work.............................................................................................................................37 13.05 OWNER May Stop the Work..........................................................................................................37 13.06 Correction or Removal of Defective Work......................................................................................37 13.07 Correction Period............................................................................................................................37 13.08 Acceptance of Defective Work........................................................................................................38 13.09 OWNER May Correct Defective Work............................................................................................38 ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION .......................................................................39 14.01 Schedule of Values.........................................................................................................................39 14.02 Progress Payments.........................................................................................................................39 14.03 CONTRACTOR's Warranty of Title................................................................................................40 14.04 Substantial Completion...................................................................................................................41 14.05 Partial Utilization..............................................................................................................................41 14.06 Final Inspection...............................................................................................................................42 14.07 Final Payment.................................................................................................................................42 14.08 Final Completion Delayed..............................................................................................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 ......................................................................................................................44 16.01 Methods and Procedures................................................................................................................44 ARTICLE17-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)Wdmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10- 13 doc T 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.doe 00700-5 F\Public Works\ENGINEERING DMSION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master 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. 20. ENGINEER�s Consultant An individual o 30. OWNER--The individual, entity, public entity having a contract with ENGINEE rnish body, or authority with whom CONTRACTOR has services as ENGINEER's ind ent professional entered into the Agreement and for whom the Work is associate or consul respect to the Project and to be performed. who is ied 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 IF\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master 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 1.02 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 DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00700-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. 2.01 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. The word "furnish," when used—T ment or, if a Notice to Proceed is given, on the day Gennestien with Se rNiGes, materials, a indicated in the Notice to Proceed. A Notice to Pro- shall mean to supply and delive ceed may be given at any time within 30 days after the IS conriroc materials, or equipment +„ the Effective Date of the Agreement. In no event will the Site (or some ether speGified IE)GatiOR) ready fe Contract Times commence to run later than the use or installatmen and 6n usable or operable ninetieth day after the day of Bid opening or the Goaditil thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2. The word "install," when used in Gennestion with -ServiGes, materials, er 2.04 Starting the Work 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. The words "perform" or "prl," run. when used in ronneGtien with Se�;se materials,�equipmeat, all mean +„- furnish 2.05 Before Starting Construction and install--Said ServiseS, materials, a A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the 00700-General Conditions REV 5-10-13.doc 00700-8 FAPublic 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 Contract Documents and check and verify pertinent working UFldeirstandiRg ameng the parties as to the figures therein and all applicable field measurements. Work and to dasicuss the SiGhedules FefeFred to On para- CONTRACTOR shall promptly report in writing to graph 2.05.13, PFOGedures for handliRg Shop ID i _ ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and Payment, and maontael'n.g requiFed re 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.B. 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 Q. EvidenGe Of !RSUFanGe.- Before any Work a and substance if it provides a reasonable the Shte is started, CONTRACTOR and OWNER shall allocation of the Contract Price to component ear—deliver to the other, with dies to—eaGh parts of the Work. additional insured identifiedin the Supplernenta Conditions, GeFtifiGates of onsuFaRGe (and other ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, e den% of insuFanGe whiGh either of them or any AMENDING, REUSE CONTRACTOR and OWNER respectively aFe 3.01 Intent A#*sle 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. Within 20 days after the GGRtrant Times star+ to run, but befeFe any WoFk at the Site is started, a B. It is the intent of the Contract Documents to GOnfereFlGe attended by QQNTRACTOR, ENGINEER, describe a functionally complete Project (or part there- and others as apprepFiate will be held te establish a to be constructed in accordance with the Contract 00700-General Conditions REV 5-10-13.doc 00700-9 F:\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admlm\bid 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 3.05 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master 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 10.05. 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 4.03 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th SI)Mnrim\bid documents\Master 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vidmim\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 4.06 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 P:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)V\dmlm\bid documents\Master Contract Documents\00700-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.E 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 5.01 Performance, Payment, and Other Bonds Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work A. CC)NITRACTOR shall furnish PeFfeFrnaRiGe and payment Bonds, each in an amount at least equal 00700-General Conditions REV 5-10-13.doc 00700- 14 F\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc to the ContraGt Price as security for the faithful peFfer other ev0deRGe Aef iinsuranisse requested by GONTRAC; manGe and payment of all CONTRACTOR's TOR or any A-ther ardidditie-nal insuFed) whinh OWNER obligations undeF the CORtraGt DOGUments. These Mired te PIJFGhase and main Rends shall remain in effect at least URN ene year after the dateyhen final payment hernnmes due 5.04 CONTRACTOR's Liability Insurance except as previded etherw.se by Laws er Regulations Gr by the (;E)RtraGt DOGIUments. CONTRACTOR E;haP A. CONTRACTOR shall purchase and maintain also f rnish sup-l. ether RnntJs as are required by the such liability and other insurance as is appropriate for Contract DOGUment 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 5.02 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 -additional insured identified in the Supple customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's 00700-General Conditions REV 5-10-13.doc 00700- 15 FAPublic 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 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 A. In additien te the insurance req-iired IG be insureds, and include coverage for the respec- provided by CONTRACTOR under parp 5.04, tive officers, directors, partners, employees, OWNER, at OWNER's option y purchase and agents, and other consultants and maintain at OWNER's se OWNER's own liability subcontractors of each and any of all such insurance as i protect OWNER against claims additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 5.06 Property Insurance 2. include at least the specific A. URless—otherwise—providedA.P. 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, whichever is greater; provided R the Supplementary Conditions or req, 3. include completed operations by Laws I Ris). Th+s insurance shallr insurance; 1. I Inde raves�Lirnrttere�.vso�ofrOWNER, 4. include contractual liability insurance , covering CONTRACTOR's indemnity €NOIN€E sq.e+� 'f, ts, and any ethe obligations under paragraphs 6.07, 6.11, and individuals er entities iderat; ed is the 6.20; Supplementary GenditIORS, and the OffiGeFS, direrterS, PaFtReFS, ernpleyees, agents, and 5. contain a provision or endorsement that the coverage afforded will not be canceled, and any of them 8aGh of ��rhnm is deemed to materially changed or renewal refused until at h-„re n insurable interest nr7 shall he lister! rrn7-�-arr-rn�cnuv,�-rt,-ccrz�c-ar,cr-�r,aZr--vcr.�c emirs least thirty days prior written notice has been an ad-6benal. given to OWNER and CONTRACTOR and to each other additional insured identified in the 2. be wren Gn a Builder's Risk allrisk" Supplementary Conditions to whom a certificate or open peril or special Gauses of loss poliGy of insurance has been issued (and the form that shall at least fb certificates of insurance furnished by the CONphysiGal less or damage to the WGrk, ternpo - TRACTOR pursuant to paragraph 5.03 will so rary buildings, false work, and materials and provide), e4quipment in transit and shall insure against of lust the following perils nr ray uses of les& fire 6. remain in effect at least until final lightning, extended om verage, theft vandalism payment and at all times thereafter when CON- , TRACTOR may be correcting, removing, or debris removal, deFROROGR Occasioned by en replacing defective Work in accordance with ferGernentt o�La;rs and Regu;^t�S, water paragraph 13.07; and damage, and 6UGh ether perils OF Gal-111SP-S A-f less as may be speGifiGally required by thee 7. with respect to completed operations Supplementary Genditions; insurance, and any insurance coverage written on a claims-made basis, remain in effect for at 3. expenses least two years after final payment (and CONTRACTOR shall furnish OWNER and but not limited to fees and Gharges G each other additional insured identified in the o^nipeers ^nrl arnhiter•tS); Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such stored at the Site n_I:at ane-t!].9-FE that 1.A.1as additional insured of continuation of such insurance at final payment and one year nnernnira in the Work, provided that SUGh thereafter). equipment have been OnGiuded OR 00700-General Conditions REV 5-10-13.doc 00700- ]6 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Hdmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc 1 Fnlr_lnl_ER _ the Sate, OWNER shall in writing adii _NTRAG- has been 5. allow for Partmal utolozat'en of e Werk by OWNER-; 5.07 Waiver of Rights 6. testing and staFtup; and A. OWNER and CONTRACTOR intend that all 7. ho maintained in effent Until final nay - P010134196 PUrGhased_ in ar__r__A_1:danGe with paragraph 5.06 made unless otherwise agreed towill OWNER, NTRAG CONTRACTOR,wF by OWNER, and cllbeentranters, €NCIN€€R, €NGIN€€R's ORsul ave c Crvc ENGINEER with 30 days written netiee to each tants and II Thor individuals entities ent'fvecl tants, and all v'c c I ICIryly Palo bl eiltltlC rYt]cY"FtTrrctl-'tti otheir add*tmenal insuired to whom a GeFtifiGate o the SupplementaFy Conditions tG be listed- A-6 insureds insl(ranee has Moon is lion va Y7 rrvc-rrcr.T�ccn-T.�.�JcrGa. partners, employees, agents, and ether Gonsultants SAWN€R shall nl�hrase and maintain .ruh hoiler and m rhiRery iRswranGe or additional prepe POIiGies and will provide primary --verage for all. nsuranGe @6 may be required by the Supplemental:y losses and damages Gaused by the perils OF Gauses of GGnd;tions oir Laws and RegulatiORS which will inGlude 1066 GOVeFed thereby. All SUGh PGIiGies shall GGRtain the interests of OWNER, SubcontraGtOrs, ENGINEER, €NGINEE-R's Consul any less or damage the )A411 have no rights_-ef tont, and any other individuals nr ei identified_r__rd 'n Fy against any of the PI: -additional _NER and CONTRACTOR deemed to have aninsurablei^teTestzrnd-shy all be waive all rights against each ether and tree listed as an AGIF additibonal/'+ /^�I�I respective effisers, direoters,partners, employees; C. Allt�'�ives off innsuraarn-ry (andtheGertif�- e@Gh and any Gf them for all In-s-ses, -;;Rd damages Grates nr other evidence thereef required to he n Ir 132161sed by, aFiGiRq Gut of or resulting from any ef the materiallyGhased and maintained in aGGGrdanGe w th paragraph perils er causes Of IOSS GOVered by SUGh PE)"Gies and and, in add*fien, waive all SUGh rights agains Ghanged or re-Fiewal refused until at least 30 days prier Subcontractors, ENGINEER, €NGINIFFR's, written n0tiGe has been given to OWNER and CON. Consultants, and all GtheF individuals or entotmes TRACTOR and te eaGh --ther to identified in the Supplementary Genditions to be listed whGm a GeFtifiGate of insurainrce haps bpeten issued and as in ureedds Per additional insureds (and the OffiGers, Will GE)nta*R ions in aGGC)FdaRGe with directors, pairtners, employees, agents, And nth.er paragraph 5.0,z� thern) under sl Ieh nnl'eies for Inoses and d4mnnes— D. OWNER shall not be responsible for purchas- ing and maintaining any property insurance specified the Fights that any party making 66IGh waiver rnay4iave in this paragraph 5.06 to protect the interests of tothepreceeds Of 'RSUFanne hely, by QWNE CONTRACTOR, Subcontractors, or others in the trustee or etherwise payable under any poliGy se Work to the extent of any deductible amounts that are +sst�ed identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be _B. O%A.;TIF_R waves all rights against borne by CONTRACTOR, Subcontractors, or others CONTRACTOR,nSubGentracters, €NG1NE-€R, suffering any such loss, and if any of them wishes EN(;INEF=R's rensldta Fits and the effiGers direeters property insurance coverage within the limits of such partners, employees, agents, and ether Gensultacnt� amounts, each may purchase and maintain it at the and s6ibIGOntr-ar-le-Irs; of eaGh and any of them fer� purchaser's own expense. y� � c rr . less due to businesr�er I IntIR,�il1ss E. if GONTRBrTC)R request, writing that of use, Fir ether nonsequential loss extending nsuranGe Policies provided requestser paragraph 5.06, OWNER's nrnnerty Fir the WGFk caused by, OWNER shall, include such ins ranee arising out of, er resulting from fire or etheF peril r�Ir-rvrvvc—vvor�--rrT vrrvc y,ihether Fir notes (red by(l1A/AIGR and 00700-General Conditions REV 5-10-13.doc 00700- 17 F1Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc 2. less or damage to the c;ornpleted A. if either Q%4.11NIER er GONTRACTOR has an jeGt or part thereef rGaused by, arising out of, o objeGtOOR to the Goverage afforded by or other pF resulting from fire or other insured perjl or sioas of the Bondi or insuraRGe required to ho Jt �l-Crf� TTC! �1-fIT F Gause of loss covered by any prope PUFGhased and irraintained by the other party on aGror or part by CANNER d firing partial with the Q_ontrar.t Dn-r.-Uments, the objeGting party wtOization pursuant to paragraph 141.C-15b, after so not"Y the other party in writing within 10 days afte S_-_-_hq_t@AtiaI QGMpIetk)R pursuant to paragraphrece;pt-ef thaGert fr,Gat@Ser ether eviden,G�e -14.94, er after fIISacyl payment pursuant to requested) required by paragraph 2.95.Q. QVV paragraph 14.n-7. and CONTRACTOR shall eaGh provide to the other G. Any dRGUraRiGe p0liGy maintained by OWNER provided as the other may reasonably regquest. ng any loss, damage OF Gonsequential loss either -UFGhase or maintamn all of the Feferrecd to' in paragraph 5.07.13 shall Gontain Bonds and u i red Of SUGh party by-the provisions to the effeGt that On the event of payment o GA-Atriar-1 DA-G-1-IMP-nts, SUGh party shall notify the other any SUGh-less, damage,. or consequential Ince the party On writing Of GUGh failure to PUFGhase prior to the r $ .ill have no rights of recovery against start of the Work, or of SUGh failure to maintain prior to CONTRACTOR, SubGontFaGt0FS, ENGINEER, G any Ghange in the required coverage. Withciu FAIGIAIGF_l7's Cn-nsultants and the officers directors , pr-ejW 0 Ge to any other right or remedy, the other pa partners, employees agents n and ether rosultantc , may elect to obtain equivalent Bonds or insuranGE? to protect si Bch ether party's interests at the expense of the party who was required to provide SLIGh GOYeFage� 5.08 Receipt and Application of Insurance and ac+ Change Order q hall he issued to adjust the Proceeds A. Any insured-lass-under the--palm-of 5.10 Partial Utilization, Acknowledgment of required by paragraph 5.06 will be adjusted Property Insurer With C_AAWIINIEI�. and made payable to OWNER as fid 'ciar, for the insureds asth�,terests may A. If OWNER finds it necessary to occupy or use appear, subjeGt to the Fequireernents; of any app"Gable 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 On a separate aGGGLint any Foloney so 14.05, no such use or occupancy shall commence rer--eNited- ;and- shall distribute acrordanrle with SLJGh before the insurers providing the property insurance agreement s the parties interest may reach.if no pursuant to paragraph 5.06 have acknowledged notice other SpeG, l agreement Feashed, the damaged thereof and in writing effected any changes in cover- Work shall be repaired or replaced the moneys so age necessitated thereby. The insurers providing the reGeived applied on account thereof, and the WoF property insurance shall consent by endorsement on and the Ggs+ thereof covered by an appropriate the policy or policies, but the property insurance shall Change Order or Written Amendment. not be canceled or permitted to lapse on account of any such partial use or occupancy. & CANNER as firdvcmmary shall a power to adjust and settle any loss yyjth the incl Irers unless one of the parties in interest shall object in writing within 1-5 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES daysafter the- "rren^t-ef�ss to OWNER s exerGTse-o this power. If 6' rah eb> eGtieR be made, n1A1nIGR as fids icjany shall make settlement with the 6.01 Supervision and Superintendence iRSUFeFS__in accordance yW th sUch agreement as the parties n_interest ma.y rear--h. If ne sur-h agreement A. CONTRACTOR shall supervise, inspect, and amopg the parties on interest is reached OWNER as direct the Work competently and efficiently, devoting fidusi all adjustn d-settle-the lossAviv" the such attention thereto and applying such skills and nsurers and, if required in writing by any party expertise as may be necessary to perform the Work in interest, OWNER as fids dar, shall give bend for the accordance with the Contract Documents. CON- proper perfor.m.am--e of sur__h duties. 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 DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)V+dmim\bid documents\Master 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 6.03 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)V\dmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.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 Bub- 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 duress 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 P:\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vadmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc 'V.ii 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 6.05.13 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 6.06 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.B), 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 i 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 00700-General Conditions REV 5-10-13.doc 00700-21 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\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 6.10 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 6.08 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 6.11 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 5-10-13.doc 00700-22 F.Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.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 6.12 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 6.13 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)V>dmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed 6.17 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 14.07.13 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 6.14 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 6.15 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 6.16 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 FAPublic 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 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. 6.18 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 6.19 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 F_\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th Sl)\Admim\bid documents\Master 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, surreys, 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 FAPublic 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 performed by utility owners. If such other work is not 7.02 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 8.01 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 8.04 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. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 00700-General Conditions REV 5-10-13.doc 00700-27 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.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 9.01 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 8.07 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- 8.09 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 8.10 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)1Admim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc 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- 9.07 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th SQ\Admim\bid documents\Master Contract Documents\00700-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. 10.01 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.B. 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 F1Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master 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 12.01.13. 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:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th Sl)V\dmim\bid documents\Master Contract Documents\00700-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- 10.05.13, 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 11.01.13. architects, testing laboratories, surveyors, attorneys, and accountants) employed for 7 Payroll roc+c for employees in +ho services specifically related to the Work. manGe of the 1.4.lerl. under 613hedules of job 5. Supplemental costs including the agreed upc)n by OWNER and following: superintendents, feremen, a. The proportion of necessary trans- and- A_t..h.eF PeFSORnel employed full time at the travel, and subsistence expenses of Site. PaYFE)II GGStS for employees not employed CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. thebasisP-)f their tome on the %^�.A-1:k. Payroll GA-StS 16h@11 inrdlude, but not be limited , b. Cost, including transportation and salaries and wages plus the ^oc+ of frin^o maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and temporary facilities at the Site, and hand tools payroll taxes, werkeFS' health not owned by the workers, which are consumed of and ro+iromon+ hon +c ,� h^nena cir•4 loayo in the performance of the Work, and cost, less market value, of such items used but not con- Tho expenses of norferminn VVE)Fk eutside of sumed which remain the property of CON- regular wGrking heuFs, en Saturday, Sunday, or legal holidays, shall be the above to the extent autherized by OWNER. 00700-General Conditions REV 5-10-13.doc 00700-32 F1Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master 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 PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)V\dmim\bid documents\Master 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 party 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 FAPublic 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 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 12.01.6.2, 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 11.01.A.1 and 11.01.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 1=:\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)V\dmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such 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 lln"'Y"'7 and pay for the damages arising out of or resulting from: services of an independent testing laboratory +^ peFferm all inspections, tests, or appFevals required-4 1. delays caused by or within the control the DOGUments eXGept: of CONTRACTOR; or 2. delays beyond the control of both Govered by paragraphs 13.03.0 and 13.03.D OWNER and CONTRACTOR including but not below ; limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or 2. that GA-StS, iRG-31-11'red- in neglect by utility owners or other contractors performing other work as contemplated by paragraph 13.04.13 shall be paid as previded in Article 7. said paragraph 13.04.13; a B. Nothing in this paragraph 12.06 bars a 3. as otherwise speGifiGally provide change in Contract Price pursuant to this Article 12 to thin Cnntrapt DOGUrrients. 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\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- anyof them. ness in response to such notice. 13.06 Correction or Removal of Defective Work 13.04 Uncovering 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. if within one year after the date of Substan#a_! limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or prescribed by Laws or Rorn latir,ns or by the terms of r J ��.r..�r�,.r., arbitration or other dispute resolution costs) arising out any applicable special guarantee required by the of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory QontF@Gt DeGlUments, any Work is found te--b=e replacement or reconstruction (including but not defl Gr if the repair ef any damages to the land limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an OWNER or permitted by Laws na Regl lat'GR appropriate decrease in the Contract Price. If the Gontemplated OR paragraph 6.11.A is found tG -be 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 Rst.rur_,tions� (i) repair suGh defeGtiVe land or areas, or to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly the Preject—and replaGe it with Work that Rot attributable to such uncovering, exposure, observation, inspection, testing, replacement, and and FeplaGe aRy damage to other Work, to the reconstruction. If the parties are unable to agree as to �.A.(A_Fk of others or other land or areas resulting there the amount or extent thereof, CONTRACTOR may frem. 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, A. If the Werk is defective, er CONTRACTOR losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, Materials Gr equipment, or fails to perform the VVeFk On and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating the CORtr@Gt Documents, OWNER may P_Fdear GON to such correction or repair or such removal and TRACTOR to stop the or any portion thereef, replacement (including but not limited to all costs of until the cause for ,r•h orrtor has been eliminated; repair or replacement of work of others)will be paid by i Davi r mvc�-rcrv�ccrr -r�rr�rcv, however, this right ef OWNER te stop the VVGrk shall CONTRACTOR. nGt_give rico to any duty on the part of OWNER t r.�, a exemise this right for the beReft of CONTRACTOR, B. any SubGE)ntFaGtGF, any Supplier, any other individual item Gf equipment is pl@Ged in Gentinuous seFvi___Q before Suhrt;;nt*AI CnmpletiGR of all the Work, 00700-General Conditions REV 5-10-13.doc 00700-37 F_\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc any other provision of the Contract Documents, earlier date if se pmvided in the SpeGifiGations or b OWNER may, after seven days written notice to in Finer ArneRd. ent 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 PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)1Admim\bid documents\Master 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\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)V\dmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc parties that might entitle CONTRACTOR to be 1. Ten days #erpreSeft atien of-the paid additionally by OWNER or entitle OWNER Application for PaymeRt tG OWNER with to withhold payment to CONTRACTOR. ENGINEER's recommendation, the—amoun} 4. Neither ENGINEER's review of paragraph 14.02.D) beGGme due, and when CONTRACTOR's Work for the purposes of due will be paid by OWNER to C-ONTR4GTOR 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 14.02.8.2. 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 A CNIGINICGt? has aGtUal knowledge of 14.02.C.1. the OGGUrrenGe Gf aRY of the events enumer- . 14.03 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 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 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 ENGINEER Gonsiders the Work Completion of all the Work subject to the following substantially Gemplete, ENG_InIF_Ga ,.,ill Prepare conditions. deliver to OWNER a tentative r--e—r1ifircate of Completion whiGh shall fix the date of Substantial 1. OWNER at any time may request Completion. There shall be @tt@Ghed te the GeFtifiGate CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER before finalpa7ment. OVVNIFR shall ha=e seven daT-, believes to be ready for its intended use and after receipt Gf the tentative rGeirtifir—ate during whiGh to substantially complete. If CONTRACTOR make written ohiertinn to ENIG;INIEERas to any agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such that the Work is net—substantially complete-, part of the Work is substantially complete and ENGINEER will within 14 day after ubmi inn of the request ENGINEER to issue a certificate of tentative GeFtifiGate to OWNER Retify CONTRACTOR Substantial Completion for that part of the in .�;ritinQ, stating t�h�reasens therefor. If after Work. CONTRACTOR at any time may notify Guns deration _.�W R's ebjeGtier�s, €�'b:":E€R OWNER and ENGINEER in writing that Gens substantially GOMplete, CONTRACTOR considers any such part of the €NEIN€€R—wiu witWn said 14 days exec to and Work ready for its intended use and substan- tially complete and request ENGINEER to issue GeFtifiGate of Substantial Completic)n (with a revised a certificate of Substantial Completion for that tentative Iist of items to be GOMpleted GF GeFrerted) part of the Work. Within a reasonable time reflertinn c irh change from the tentative rertifiGate after either such request, OWNER, as ENGINEER believes justified after Gensideration 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 C-C-:)NITRAC- ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER responsibilities pending final payment between will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If Work, ENGINEER considers that part of the Work to na RGe,-hen , utilities, innsuranGe and warra Rtie be substantially complete, the provisions of and guarantees. Unless OWNER and paragraph 14.04 will apply with respect to CONTRACTOR agree etheAAIRA A V;Pting and GG certification of Substantial Completion of that inform ENI(_IN EER in writing prier to ENGINEER's part of the Work and the division of responsibility in respect thereof and access tion ENGINEER's aforesaid rerommend-ation grill he thereto. binding on 01AINIFIR ;;Pd lQQNITR4l2TQR unto! final 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)\Hdmlm\bid documents\Master 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 1. Thirty days after the pFesentat,ori to the Contract Documents, including but not OWNER of the AppliGation for Payment and limited to the evidence of insurance required byg dGGUmentatiGrl, the ameun subparagraph 5.04.B.7; (ii) consent of the ENGINEFR ;'A''011 di surety, if any, to final payment; and (iii) arae,when due, be paidbyn� NER to complete and legally effective releases or CONTRACT 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 F1Public 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 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 .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; 14.09 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 be allowed an adjustmen CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by Tomes, or both, d'FeGtly attributable to any SUGh OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by as provided On paraqFaph 10-G& 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 FAIDublic Works\ENGINEERING DIVISION PROJECTS\08456-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, ol: Q%NNIER ha;;q� failed for 30 days to pay A. Upon seven days written notice to CON- , 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 TRACTOR any surn finally determined to be due, 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)V>dmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13 doc A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or comple- tion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700-General Conditions REV 5-10-13.doc 00700-45 F:\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th Sl)Wdmim\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 i 00800-Supplementary Conditions LAP rev.doc 00800 IF\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP 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)\Admim\bid documents\LAP 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 F\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)V\dmim\bid documents\LAP Documents\00800- Supplementary Conditions LAP rev.doc paragraph 2.05.13, 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 38th Lane to 45cn 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 2F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vadmim\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.B: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations C. Contractual Liability d. Independent Contractors e. Explosion f. Collapse g. Underground. 3. Business Auto Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Owner Autos b. Hired Autos C. Non-Owned Autos. 4. CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work. 5. Special Requirements: a. Ten (10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract 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 3F:\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vadmim\bid documents\LAP Documents\00800- Supplementa y 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\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vadmim\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 Tublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00800- Supplementary Conditions LAP rev.doc SC-6.02.B. 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:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00800- Supplemenlary Conditions LAP rev.doc SC-13.03 Test and Inspections SC-13.03.13. Delete the first sentence of paragraph GC-13.03.B in its entirety, and insert the following sentences in its place.- B. lace: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 I 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\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\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-14.02.6.5. 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-14.02.6.5. Add the following sentences at the end of paragraph GC-14.02.8.5: e. OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for 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: i "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 8F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\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 14.04B.- C. 4.048: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. SCA 5.01 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: or OWNER fails fer 30 days to pay CONTRACTOR any surn finally determined te be l, 00800-9 00800-Supplementary Conditions LAP rev.doc 00800 9F\Public Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admlm\bid 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: oF OWNER has failed fer 30 days to pay CONTRACTOR any sum fiRally determined to be SC-16 DISPUTE RESOLUTION SC-16.02 Mediation SC-16 Add the following new paragraph immediately after paragraph GC-16.01. SC-16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. 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 1 OFAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\LAP Documents\00800- Supplementary Conditions LAP rev.doc SECTION 00942 - Change Order Form No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: Old Dixie Highway Sidewalk Improvements, 38" Lane to 45`h 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)Vadmim\bid documents\Master Contract Documents\00942- Change Order Form REV 04-07.doc Rev.05/01 SECTION 00946 - Field Order Form Field Change 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 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\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master 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 Q Contractor's Records ❑ Lump Sum Q Engineer's Records [l Other: J]Other: II By Change Order: II By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $ Substantial Completion: days; Ready for Final Completion: days. If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: RECOMMENDED: APPROVED: By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: Date. Date: * * END OF SECTION FAPublic Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master 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 F1Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)�Admim\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\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master 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 FA\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 FAPublic Works\ENGINEERING DIVISION PROJECTS\08456-Old Dixie Hwy Sidewalk(38th Ln-45th Sl)\Admim\bid documents\Master Contract Documents\01050-Field Engineering doc B. The CONTRACTOR shall carefully preserve all control stakes, benchmarks, reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance. If the loss or disturbance of the stakes or marks cause a delay in the Work, the CONTRACTOR shall have no claim for damages or extension of time. Control stakes, benchmarks, reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land Sur- veyor and Mapper, at the CONTRACTOR's expense. In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work, the cost of the surveying services will be deducted from any sums due 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid documents\Master Contract Documents\01050-Field Engineering.doc