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2015-005A
/0c, /4,o IS g.L. AD IS - OoSA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR VERO LAKE ESTATES ASPHALT MILLINGS PROJECT (PHASE I) 104TH AVENUE (87TH STREET TO C.R. 512) 91ST STREET (104TH AVENUE TO 100TH AVENUE) 107TH AVENUE (90TH STREET TO 94TH STREET) BID NO. 2015010 PROJECT NO. 1314 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PETER D. O'BRYAN, CHAIRMAN WESLEY S. DAVIS, VICE CHAIRMAN COMMISSIONER JOSEPH E. FLESCHER COMMISSIONER BOB SOLARI COMMISSIONER TIM ZORC 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 s: i�c:ha 00001 - 1 F.\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\00001 - Project Title Page - REV 04-07.doc 00001 - Project Title Page - REV 04-07.doc Section No. Title TABLE OF CONTENTS DIVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor's Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010-1 F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th SMdmin\bid documents\Master Contract Documents100010 - Table of Contents - REV 04-07.doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS APPENDIX B - FERTILIZER ORDINANCES + + END OF TABLE OF CONTENTS + + 00010-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th StWdmin\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 Telephone: (772) 567-8000 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY FAX: (772) 770-5140 Sealed bids will be received by Indian River County until 2:00 P.M. on Wednesday, December 3 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 "VERO LAKE ESTATES ASPHALT MILLINGS PROJECT (PHASE I) and Bid No. 2015010". 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. 1314 INDIAN RIVER COUNTY BID NO. 2015010 PROJECT DESCRIPTION: This project consists of the roadway widening and placement of asphalt millings to the following streets in Vero Lake Estates located in Indian River County, Florida: 104th Avenue (87t Street to C.R. 512), 91st Street (104th Avenue to 100th Avenue) and 107th Avenue (90th Street to 94th Street). This project will include the construction of two new drainage culverts on 104th Avenue, miscellaneous drainage improvements, regrading of swales, clearing and grubbing, and replacement of grassed area within the project limits. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto. Copies of the documents are available at: www.demandstar.com or by contacting the Purchasing Division at (772) 226-1416 or purchasingircgov.com. All other communications concerning this bid shall be directed to IRC Purchasing Division at purchasingaircgov.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 00100 - Advertisement for Bids REV 04-07.doc 00100 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St'Admin\bid document&Master Contract Documents \00100 - Advertisement for Bids REV 04-07.doc business in the State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100% Public Construction Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall be retained by the County as liquidated damages and not as penalty The County reserves the right to delay awarding of the Contract for a period of ninety (90) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication in the Indian River Press Journal Date: October 26, 2014 and November 2, 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\1314-107th Ave Milling_90th St to 94th SttAdmin\bid documentstMaster Contract Documents\00100 - Advertisement for Bids REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title Page ARTICLE 1 - 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, AND SITE 2 ARTICLE 5 - PRE-BID CONFERENCE 4 ARTICLE 6 - SITE AND OTHER AREAS 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA 4 ARTICLE 8 - BID SECURITY 5 ARTICLE 9 - CONTRACT TIMES 5 ARTICLE 10 - LIQUIDATED DAMAGES 5 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 5 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 6 ARTICLE 13 - PREPARATION OF BID 6 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 7 ARTICLE 15 - SUBMITTAL OF BID 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 8 ARTICLE 17 - OPENING OF BIDS 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 9 ARTICLE 19 - AWARD OF CONTRACT 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 10 ARTICLE 21 - SIGNING OF AGREEMENT 10 00200 - Instructions to Bidders REV 04-07.doc 00200 - i F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Sub'ect Article Award of Contract 19 Basis of Bid; Evaluation of Bids 14 Bid Security 8 Bids to Remain Subject to Acceptance 18 Contract Security and Insurance 20 Contract Times 9 Copies of Bidding Documents 2 Defined Terms 1 Examination of Bidding Documents, Other Related Data, and Site 4 Interpretations and Addenda 7 Liquidated Damages 10 Modification and Withdrawal of Bid 16 Opening of Bids 17 Pre -Bid Conference 5 Preparation of Bid 13 Qualifications of Bidders 3 Signing of Agreement 21 Site and Other Areas 6 Subcontractors, Suppliers and Others 12 Submittal of Bid 15 Substitute or "Or -Equal" Items 11 SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) 00200 - Instructions to Bidders REV 04-07.doc 00200 - ii F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St'Admin\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder --The individual or entity who submits a Bid directly to OWNER. B. Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 00200 - Instructions to Bidders REV 04-07.doc 00200 - 1 F:\Public Works\ ENGINEERING DIVISION PROJECTS\1314107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.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 unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. 00200 - Instructions to Bidders REV 04-07.doc 00200 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents \00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Upon a request directed to the ENGINEER (Christopher J. Kafer Jr., P.E. 772-226- 1221), 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 Reference is made to Article 7 of the Supplemental Conditions for identification of any other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AFTER CONTACTING THE ENGINEER (CHRISTOPHER J. KAFER JR., P.E., (772) 226-1221) 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 00200 - Instructions to Bidders REV 04-07.doc 00200 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents \00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; 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 There will be no pre-bid meeting for this project. 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 (purchasinqaircgov.com) in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received 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. 00200 - Instructions to Bidders REV 04-07.doc 00200 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 8 - BID SECURITY 8.01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashier's check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 91 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 00200 - Instructions to Bidders REV 04-07.doc 00200 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th St\Admin\bid documents Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 00200 - Instructions to Bidders REV 04-07.doc 00200 - 6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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. 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 00200 - Instructions to Bidders REV 04-07.doc 00200 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships. B. Sworn Statement under the Florida Trench Safety Act. C. Qualifications Questionnaire. D. List of Subcontractors. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title and Bid Number (and, if applicable, the designated portion of the Project for which the Bid is submitted), Bid Number, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. 00200 - Instructions to Bidders REV 04-07.doc 00200 - 8 F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 00200 - Instructions to Bidders REV 04-07.doc 00200 - 9 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St'Admin\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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 REV 04-07.doc 00200 - 10 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th StWdmin\bid documents\Master Contract Documents\00200 - Instructions to Bidders REV 04-07.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 Swom Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 SUBMIT ONE (1) ORIGINAL AND ONE (1) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 1 F:1Public Works ENGINEERING DIVISION PROJECTS11314-107th Ave MilhIng90th St to 94th StAdminlbid documentstMester Contract DocumentsS003OO - Bld Package Contents -REV 04-07.doc 00300 - Bid Package Contents - REV 04-07.doc PROJECT IDENTIFICATION: Project Name: County Project Number: Bid Number: Project Address: Project Description: THIS BID IS SUBMITTED TO: SECTION 00310 - Bid Form Vero Lake Estates Asphalt Millings Project (Phase I) 1314 2015010 104th Avenue, 107th Avenue, and 91st Street, Indian River County, Florida This project consists of the roadway widening and placement of asphalt millings to the following streets in Vero Lake Estates located in Indian River County, Florida: 104th Avenue 187th Street to C.R. 512), 91st Street (104 Avenue to 100th Avenue) and 107th Avenue (90th Street to 94th Street). This project will include the construction of two new drainage culverts on 104th Avenue, miscellaneous drainage improvements, regrading of swales, clearing and grubbing, and replacement of grassed area within the project limits. INDIAN RIVER COUNTY 1800 27th Street VERO BEACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number 11/20/14 1 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, 00310 - Bid Form REV 04-07.doc 00310 - 1 F:\Public WakssENGINEERING DMSION PROJECTS11314-107th Ave MOting_90th St to 94th SflAdmintbid docirnentsWaster Contract Oocuments100310 - Bid Form REV 04- 07.doc Rev. 05/16/01 local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder, has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 - Bid Form REV 04-07.doc 00310 - 2 F:.PublIc WorkstENGINEERING DIVISION PROJECTS11314-107th Ave MIIIIng_90th St to 94th St'Admintbld documentsiMaster Contrail DavmentM00310 - Bid Form REV 04- 07.doc Rev. 05/16/01 ADDENDUM No. 1 November 20, 2014 ITEMIZED BID SCHEDULE PROJECT NAME: VERO LAKE ESTATES ASHPALT MILLINGS PROJECT (PHASE I) IRC PROJECT NO./BID NO.: 1314/2015010 BIDDER'S NAME: Dickerson Florida, Inc. Item No. Desctfption ' Quantity Unit UnitPrice Amount ROADWAY IMPROVEMENTS 101-1 MOBILIZATION 1 LS 100,000.0o 100, 000.00 102-1 MAINTENANCE OF TRAFFIC 1 LS 47, 675.00 47, 675.00 104-1 EROSION & WATER POLLUTION CONTROL 1 LS 20, 000.00 20, 000.00 110-1-1 CLEARING & GRUBBING 15.3 AC 200.00 3060.00 110-7-1 MAILBOX (RELOCATE) 36 EA 50.00 1800.00 120-1 EXCAVATION REGULAR 6,471 CY 7.00 45,297.00 120-6-1 EMBANKMENT (COMPACTED IN PLACE) 2,805 CY 10.00 28,050.00 160-4 TYPE B STABILIZATION - (12" SUBGRADE LBR 40) 38,977 SY 2.00 77,954.00 160-4A TYPE B STABILIZATION - (6" SUBGRADE LBR 40) (SHOULDER) 12,095 SY 2.00 2 4 , 19 0 . 0 0 283-1 ASPHALT MILLING (8" THICK COMPACTED) (TWO LIFTS) 30,344 SY 6.00 182,064.00 283-1A ASPHALT MILLINGS (6" COMPACTED) (ONE LIFT) (DRIVEWAYS) 741 SY 6.00 4446.00 400-2-2 CLASS II CONCRETE FOR HEADWALLS 28 CY 825.00 23,100.00 415-1-1 REINFORCING STEEL (ROADWAY) 1,640 LBS 1•00 1640.00 425-1-521 DITCH BOTTOM INLET, TYPE C(<10') 2 EA 1700.00 3400.00 425-1-551 DITCH BOTTOM INLET, TYPE E (<10') 1 EA 3100.00 3100.00 425-2-71 MANHOLE STRUCTURE (TYPE J-7) 1 EA 3400.0C 3400.00 425-6 VALVE BOX ADJUSTMENT 7 EA 200.0C 1400.00 430-174-112 PIPE CULVERT (12") ACMP 300 LF 30.00 9000.00 430-174-115 PIPE CULVERT (15") ACMP 30 LF 45.00 1350.00 430-175-112 PIPE CULVERT (12") RCP 250 LF 45.00 11, 250.00 430-175-118 PIPE CULVERT (18") RCP 80 LF 45.00 3600.00 430-175-124 PIPE CULVERT (24") RCP 96 LF 70.00 6720.00 430-175-136 PIPE CULVERT (36") RCP 92 LF 115.00 10,580.00 430-175-160 PIPE CULVERT (60") RCP 100 LF 230.00 23,000.00 430-984-121 MITERED END SECTION (12") (RCP) 2 EA 1200.00 2400.00 570-1-2 PERFORMANCE TURF - SOD (BAHIA) (INCLUDES: TOP SOIL, FERTILIZER, AND WATERING) 20,232 SY 1.50 30,348.00 700-20-40 SINGLE POST SIGN (STOP) (RELOCATE) 34 EA 17 0 . 0 0 5780.00 00310-3 F:1Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th SMdmin.AddendumUtemized Bid Schedule Addendum No. 1 11-20-2014 ADDENDUM No. 1 November 20, 2014 ITEMIZED BID SCHEDULE PROJECT NAME: VERO LAKE ESTATES ASHPALT MILLINGS PROJECT (PHASE I) IRC PROJECT NO.IBID NO.: 131412015010 BIDDER'S NAME: Dickerson Florida, Inc . Item No. Description Quantity Unit. Unit Price ;. Amount 711-35-241 SOLID TRAFFIC STRIPE (24") (THERMOPLASTIC) 456 LF 3 . 5 0 15 9 6. 0 0 1644-800 FIRE HYDRANT (RELOCATE) 1 EA 1800.0C 1800.00 ROADWAY IMPROVEMENTS SUB TOTAL 678, 000.00 MISCELLANEOUS 801 TRENCH SAFETY COMPLIANCE (OVER 5') (SEE SEC. 00454) 1 LS 10 0. 0 0 100.00 802 TRENCH SAFETY COMPLIANCE (SHORING) (SEE SEC. 00454) 1 LS 10 0. 0 0 100.00 803 PUBLIC CONSTRUCTION BOND 1 LS 44 0 0. 0 C 4400.00 FA -1 FORCE ACCOUNT 1 LS 30,000.00 30,000.00 MISCELLANEOUS SUB TOTAL 34,600.00 OVERALL PROJECT TOTAL 712, 600.00 • Indicates change from original Itemized Bid Schedule TOTAL PROJECT BID AMOUNT (IN WORDS): seven hundred twelve thousand six hundred dollars and no cents NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE. THE BID SCHEDULE WILL GOVERN. LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard TN = Ton PI = Per Installation CY = Cubic Yards AS = Assembly LBS = Pounds AC = Acre 003104 F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th SMdminWddendumlitemized Bid Schedule Addendum No. 1 11-20-2014 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be Tess or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.6 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Itemized Bid Schedule B. Required Bid security in the form of BID BOND C. Swom Statement Under the Florida Trench Safety Act; D. Swom Statement Under Disclosure of Relationships E. Qualifications Questionnaire; F. List of Subcontractors; 00310 - Bid Form REV 04-07.doc 00310 - 5 F:W ublic WodcsIENGINEERING DIVISION PROJECTS\1314-107th Ave MlUing90th St to 94th SOAdminlbid dacumentslMaster Contract Documents\00310 - Bld Fonn REV 04- 07.doc 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on DEC . 3 , 20 14 State Contractor License No. CGC060797 If 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 printed): Business address: Phone No.: FAX No.: A Corporation Corporation Name: DICKERSON FLORIDA, INC. (SEAL) State of Incorporation: FLORIDA Type (Gene I Business, P ssional, Service, Limited Liability): GENERAL By: l . (Signature — attac evidence of authority to sign) Name (typed or printed): LARRY T . DALE Title: PRESIDENT Attest (CORPORATE SEAL) (Signa ure of Corporate Secretary) Business address: 3122 N. 25TH STREET FORT PIERCE, FL 34946 Phone No.: (772) 429-4444 FAXNo.: (772) 429-4445 Date of Qualification to do business is MARCH 1986 00310 - Bid Form REV 04-07.doc 00310 - 6 F:1Public WorksIENGINEERING DIVISION PROJECTSI1314-107th Ave Milling90th St to 94th ShAdmintb d docurnentssMaster Contract Documents100310 - Bid Form REV 04- 07.doc A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner — attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: 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 - Bid Form REV 04-07.doc 00310 - 7 F:1Pubic WoMMENGINEERING DMSION PROJECTS11314-107th Ave MNing_90th St to 94th SOAdminibid docrsnentsWaster Contract Documents100310 - Bid Form REV 04- 07.doc THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Dickerson Florida, Inc. as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto Indian River County as Obligee, hereinafter called the Obligee, in the sum of five percent (5%) of the amount bid Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Vero Lake Estates Asphalt Millings Project (Phase 1) Bid No. 2015010 Indian River County, Florida NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd day of December , 2014 . zoz (Witness) { Dickerson Florida, Inc. B (Seal) Travelers Casualty and Surety Company of erica (Suret By: Karen K. Beard, Attorney -in -Fact and Florida Licensed Agent AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 "Inquiries (828) 236-1000" 1 TRAVELERSJ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223206 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 006007165 KNOW ALL MEN BY THESE PRESENT'S: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Karen K. Beard of the City of Asheville State of North Carolina , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 4th day of August 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 4th day of August 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. \.04niAt C . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President. any Executive Vice President, any Senior Vice President, any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Contpanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set myhand and affixed the seals of said CompaniesC this lay of 0..ge...//774,"20 // treg. Kevin E. Hughes, Assistant Sec tary e.NG jrROR�>� .: rm lE: -- :A• �ted'\SEaL o: is • ati a Ai� SSL ---- fa-,•000R41-e,.7.4,. To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER SECTION 00452 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2015010 for Vero Lake Estates Asphalt Millings Project (Phase I) 2. This sworn statement is submitted by: DICKERSON FLORIDA, INC. (Name of entity submitting Statement) whose business address is: 3122 N. 25TH ST., FT. PIERCE, FL 34946 3. My name is LARRY T. DALE (Please print name of individual signing) and my relationship to the entity named above is PRESIDENT 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, fust cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. 00452-1 F:\Public WorksIENGINEERING DIVISION PROJECTS\1314-107th Ave Milling 90th St to 94th StlAdminlbid documentslMaster Contract Documents100452 Disclosure of Relationships.doc The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee DECEMBER 3, 2014 (Date) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this 3rd day of DECEMBER LARRY T. DALE ,20 14. by who is personally known to me or who has produced as identification. PRINT: AN70/N6"---77 "e1c,e5DA/ Notary Public, State at large My Corr It of 41'4%46 Petersc NOTARY PUBLIC (Seal) _ / STATE OF FLORIDA Corm FF146809 Expires 9/29/2018 00452-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th SMdmin\bid documents\Master Contract Documents\00452 Disclosure of Relationships.doc SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. 1. This Sworn Statement is submitted with Project No. 1314 for Vero Lake Estates Asphalt Millings Proiect (Phase I). 2. This Sworn Statement is submitted by DICKERSON FLORIDA, INC. (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER's address is 3122 N. 25TH ST., FT. PIERCE, FL 34946 BIDDER's Federal Employer Identification Number (FEIN) is 56-1327509 3. My name is LARRY T. DALE and my relationship to the BIDDER (Print Name of Individual Signing) is PRESIDENT (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et.seq. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of $ / (gyp • Do based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: 5L oPE The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 7. The BIDDER has allocated and included in its bid the total amount of $ / OcD n a based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: 5 .17 00454 - Florida Trench Safety Act - REV 04-07.doc 00454 -1 F:Wu6c WorksIENGINEERING DIVISION PROJECTS11314-107th Ave Mltllng_9Oth St to 54th SNAdrnintbid dawmentstMaslar Contract Down :10(454 - Florida Trench Safety Ad - REV 04-07.doc 1 The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: DICKERSO LORIDA, INC. Position or Title: PRESIDENT Date: STATE OF FLORIDA COUNTY OF ST . LUCIE DECEMBER 3, 2014 Personally appeared before me, the undersigned authority, LARRY T. DALE who after first being swom by me, affixed his/her signature in the space provided above on this 3rd day of DECEMBER , 2014 . Notary Public, State at large My C.. miskiagdpirsiai NOTARY PUBLIC t _ STATE OF FLORIDA corm* FF146809 Expires 9/29/2018 **END OF SECTION** 00454 - Florida Trench Safety Act - REV 04-07.doc 00454 - 2 F:1Public Works1ENGINEER NG DIVISION PROJECTS11314-107th Ave MtHIIng_90th St to 94th SNWminlbld documentsdMester Contrail DocumentsiOO454 - Florida Trench Safety Act - REV 04-07.doc SECTION 00456 -- QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No: 1314 Project Name: Vero Lake Estates Asphalt Millings Project (Phase I) 1. Bidder's Name / Address: DICKERSON FLORIDA, INC. 3122 N. 25TH ST., FT. PIERCE, FL 34946 2. Bidder's Telephone & FAX Numbers: (772) 429-4444, (772) 429 -4445 -FAX 3. Licensing and Corporate Status: a. Is Contractor License current? YES b. Bidder's Contractor License No: CGCG 60797 [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 57 5. What is the last project OF THIS NATURE that the firm has completed? J.W. Corbett WMA for Florida Fish & Wildlife 6. Has the firm ever failed to complete work awarded to you? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 00456 - Qualifications Questionnaire.doc 00456 1 F:1Public WorksIENGINEERING DIVISION PROJECTS\1314107th Ave Milllrg90th St to 94th ShAdminlbid documentslMaster Contract Documents100456 - Qualifications 9. Has the firm ever been charged with noncompliance of any public policy or rules? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 10. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. will provide upon award, if necessary 11. Has the firm ever defaulted on any of its projects? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 12. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. SEE ATTACHED STATUS OF CONTRACTS 13. Name of person who inspected the site of the proposed work for the firm: Name: Rick Forlifer Date of Inspections: 14. Name of on-site Project Foreman: Bruce Bigelow December 2, 2014 Number of years of experience with similar projects as a Project Foreman: 32 15. Name of Project Manager: Richard Forlifer Number of years of experience with similar projects as a Project Manager: 40 16. State your total bonding capacity: 10 0 , 0 0 0 , 0 0 0 17. State your bonding capacity per job: 10 , 0 0 0 , 0 0 0 18. Please provide name, address, telephone number, and contact person of your bonding company: SURETY AGENCY, LLC 552B NEW HAW CREEK RD ASHEVILLE, NC AGENT: KAREN BEARD (828) 236-1000 [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire.doc 00456 - 2 F:1Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave MIIIing9Oth St to 94th StlAdminlbid documents\Master Contract Documents\00456 - Quarfications SEE ATTACHED LIST OF COMPLETED PROJECTS Complete the following table for SIMILAR projects: ai 0 c c 0 3 O iaQ LL 0 44 +. • +r o c U o 0 • E cQ 0 L d 0 d ! E O 0 Name of Project 00456 - Qualifications Questionnaire.doc x 2 a a 2 z a 0 ICY I �s co g co 0 3 ct m r 13 v 4 P. of L 0 a_ a 0 E a 0 0 _z u�I w z z 0 4 a li, [NOTE: If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a co I actor.] B160 PRES I'PENT (Signature) (Position or Title) DECEMBER 3, 2014 * * END OF SECTION * * 00456 - 4 F:1Public Works1ENGINEERING DMSION PROJECTS11314107Ih Ave Milrin0_90ttt St to 94th ShAdoirabid documents1Master Contract Doaanents100456 - Quali tions Quesianalre.doc (Date) 00456 - Qualifications Questionnaire.doc SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. 1314 for Vero Lake Estates Asphalt Milling Project Phase I). Work to be Performed 1. (lo StaS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Note: Attach additional sheets if required. Subcontractor's Name/Address * * END OF SECTION * * 00458 - List of Subcontractors REV 04 17.doc 00458 -1 F:IPublks WorksIENGINEERING DIVISION PROJECTS11314-107th Ave MiIIing90th St to 94th ShAdminlbid documentsWastar Contract Doaments100458- List of Subcontractors REV 04-07.doc Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Date: ADDENDUM NO. 1 November 20, 2014 Project Name: VERO LAKE ESTATES ASPHALT MILLINGS PROJECT (PHASE 1) BID NO. 2015010 PROJECT No. 1314 Bid Opening Date: The Bid Opening date is Wednesday, December 3, 2014 at 2:00p.m. TO ALL PROSPECTIVE BIDDERS: TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to the Purchasing Department in writing at purchasing@ircgov.com. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten (10) calendar days prior to the date for opening of Bids shall not be answered (Deadline Sunday, November 23, 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 not be opened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. Page l of 4 F.1Public Works\ENGINEERING DIVISION PROJECCS\1314-107th Ave Milling_90th St to 94th StAdmin \Addendum\Addendum No. 1 11-20-2014.doc CLARIFICATIONS: 1. Bid Item 110-1-1 "Clearing & Grubbing" has been revised from Quantity 1, Lump Sum, to Quantity 15.30, Acres. Please see attached revised Itemized Bid Schedule and revised Plan Sheet 4 of 34 (Summary of Quantities). 2. Contractor is directed to clear and grub 107th Avenue and install silt fence at Right of Way lines as the first work effort. Contractor is to move out of this area and allow a (IRC Utilities) Contractor to install a water main along the west side of 107th Avenue. Contractor is also required to backfill and level areas of clearing to allow construction equipment easy access to the site for installation of the water main by IRC Utilities Contractor. The IRC Utilities Contractor will maintain the silt fence during their water main installation time frame (estimate time for water main installation is 30 calendar days). QUESTIONS AND ANSWERS: QUESTION NO. 1 There are two type "C" inlets and one type "E" inlet that I do not find on the bid form. Will these items be added? ANSWER NO. 1 Itemized Bid Schedule has been revised. Please see attached revised Itemized Bid Schedule and revised Plan Sheet 4 of 34 (Summary of Quantities). QUESTION NO. 2 What is our responsibility regarding the brick paver driveways? ANSWER NO. 2 Contractor shall notify the homeowner and have homeowner remove brick pavers from R/W. shall give homeowner adequate time to have them removed (minimum 30 calendar days). Page 2 of 4 F:1Public WorkstENG[NEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\Addendum\Addendum No. 1 11-20-2014.doc Contractor QUESTION NO. 3 Could you please tell me where the 3 EA fire hydrants are that require relocating? ANSWER NO. 3 The quantity for Bid Item 1644-800 "Fire Hydrant (Relocate)" is changed to 1 EA. The location is at the NW corner of 104th Avenue and 88th Street. Please see attached revised Itemized Bid Schedule and revised Plan Sheet 4 of 34 (Summary of Quantities). QUESTION NO. 4 There is no pay item on the bid schedule for survey. Is this to be put into another pay item or will there be a revised bid schedule? ANSWER NO. 4 Survey staking and layout cost should be included in the Bid Item 101-1 "Mobilization." As-builts are not part of this project. QUESTION NO. 5 The bid schedule is missing 2 items - 2 Type "C" Inlets and 1 Type "E" Inlet. Will there be a revised bid schedule? ANSWER NO. 5 See answer to Question No. 1. ATTACHMENTS: Revised Itemized Bid Schedule pages 00310-3 through 00310-4 Revised Plan Sheet No. 4 of 34 "Summary of Quantities" Page 3 of 4 F;Public Works \ENGINEERING DIVISION PROJECTS I314 -107th Ave Millin&.90th St to 94th SOAdmin\Addendum\Addendum No. 111-20-2014.dot ADDENDUM NO. 1 PROJECT: VERO LAKE ESTATES ASPHALT MILLINGS PROJECT (PHASE I) BID NO. 2015010 PROJECT NO. 1314 *****This Addendum MUST be completed and returned with your Bid********** ADDENDUM NO. 1 is submitted and AI 4/ Christophe 'County Engineer of r, Jr., e T ifer yde, Purchasing Manager Company Name Dickerson Florida, Inc. Larry T. Dale Title: President Name: (Type / Printe Authorized Signature: ` 1 Date: 12/3/14 Telephone: (772) 429-4444 Fax: (772) 429-4445 Page 4 of 4 F \Public WorksENGINEERreG DIVISION PROTECTS1314-107thAve Mi11ing90t) 5t to 44th StlAdmintAddcndumtAddcndum No 1 1l-I0-ZUI4 doc ADDENDUM No. 1 November 20, 2014 ITEMIZED BID SCHEDULE PROJECT NAME: VERO LAKE ESTATES ASHPALT MILLINGS PROJECT (PHASE I) IRC PROJECT NO./BID NO.: 1314/2015010 BIDDER'S NAME: Item No. Description Quantity Unit Unit Price Amount ROADWAY IMPROVEMENTS 101-1 MOBILIZATION 1 LS 102-1 MAINTENANCE OF TRAFFIC 1 LS 104-1 EROSION & WATER POLLUTION CONTROL 1 LS 110-1-1 CLEARING & GRUBBING 15.3 AC 110-7-1 MAILBOX (RELOCATE) 36 EA 120-1 EXCAVATION REGULAR 6,471 CY 120-6-1 EMBANKMENT (COMPACTED IN PLACE) 2,805 CY 160-4 TYPE B STABILIZATION - (12" SUBGRADE LBR 40) 38,977 SY 160-4A TYPE B STABILIZATION - (6" SUBGRADE LBR 40) (SHOULDER) 12,095 SY 283-1 ASPHALT MILLING (8" THICK COMPACTED) (TWO LIFTS) 30,344 SY 283-1A ASPHALT MILLINGS (6" COMPACTED) (ONE LIFT) (DRIVEWAYS) 741 SY 400-2-2 CLASS II CONCRETE FOR HEADWALLS 28 CY 415-1-1 REINFORCING STEEL (ROADWAY) 1,640 LBS 425-1-521 DITCH BOTTOM INLET, TYPE C (<10') 2 EA .. k 425-1-551 DITCH BOTTOM INLET, TYPE E (<10') 1 EA 425-2-71 MANHOLE STRUCTURE (TYPE J-7) 1 EA 425-6 VALVE BOX ADJUSTMENT 7 EA 430-174-112 PIPE CULVERT (12") ACMP 300 LF 430-174-115 PIPE CULVERT (15") ACMP 30 LF 430-175-112 PIPE CULVERT (12") RCP 250 LF 430-175-118 PIPE CULVERT (18") RCP 80 LF 430-175-124 PIPE CULVERT (24") RCP 96 LF 430-175-136 PIPE CULVERT (36") RCP 92 LF 430-175-160 PIPE CULVERT (60") RCP 100 LF 430-984-121 MITERED END SECTION (12") (RCP) 2 EA 570-1-2 PERFORMANCE TURF - SOD (BAHIA) (INCLUDES: TOP SOIL, FERTILIZER, AND WATERING) 20,232 SY 700-20-40 SINGLE POST SIGN (STOP) (RELOCATE) 34 EA 711-35-241 SOLID TRAFFIC STRIPE (24") (THERMOPLASTIC) 456 LF * 1644-800 FIRE HYDRANT (RELOCATE) 1 EA 00310-3 F'.\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\Addendum\Itemized Bid Schedule Addendum No. 1 11-20-2014.xis ADDENDUM No. 1 Noverjiber 20, 2014 ITEMIZED BID SCHEDULE PROJECT NAME: VERO LAKE ESTATES ASHPALT MILLINGS PROJECT (PHASE I) IRC PROJECT NO./BID NO.: 131412015010 R'S NAME: Item No. Description Quantity Unit Unit Price) Amount ROADWAY IMPROVEMENTS SUB TOTAL MISCELLANEOUS 801 TRENCH SAFETY COMPLIANCE (OVER 5') (SEE SEC. 00454) 1 LS 802 TRENCH SAFETY COMPLIANCE (SHORING) (SEE SEC. 00454) 1 LS 803 PUBLIC CONSTRUCTION BOND 1 LS FA -1 FORCE ACCOUNT 1 LS 30,000.00 30,000.00 MISCELLANEOUS SUB TOTAL OVERALL PROJECT TOTAL Indicates change from original Itemized Bid Schedule TOTAL PROJECT BID AMOUNT (IN WORDS): NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE. THE BID SCHEDULE WILL GOVERN. LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard TN = Ton PI = Per Installation CY = Cubic Yards AS = Assembly LBS = Pounds AC = Acre 00310-4 F'.\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th St\Admin\Addendum\Itemized Bid Schedule Addendum No. 1 11-20-2014.xIs State of Florida Department of State I certify from the records of this office that DICKERSON FLORIDA, INC. is a corporation organized under the laws of the State of Florida, filed on March 22, 1982. The document number of this corporation is F72845. I further certify that said corporation has paid all fees due this office through December 31, 2014, that its most recent annual report/uniform business report was filed on January 9, 2014, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Ninth day of January, 2014 16e% Secretary of State Authentication ID: CC3001431237 To authenticate this certificate,visit the following site,enter this ID, and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html KEN LAWSON, SECRETARY RICK SCOTT, GOVERNOR z 0 0 reoJ 0 Ooinz wzN 0 W0 0n W 0I. - • Zap) O dD W(00 Wz t~!)Z0 DH COO WD Ot_ Ht_ ZZ WO I3. w 0 ui LL rn co X 45(o U W L N 44�-Ur LLQ 0M ZW N(-' cD �V.QQ -I-5 N 27(3 &O Q-0 wzmc Z.sas O w-owr. w E v 'n C (0 C HZ DW U, `t."20 1 OWhW =OW. -1111 1.1-X Z• WOMW gWNo W Z W_ J Y N d QU"I- OOMLL Completion Dates: 1• Q 3/20/2012 N ri 0 N \ 0 N r• m ti 0 N \ i -1m to 8/22/2013 m r-1 O N Ln m ri 0 N O m 12/20/2013 N tY 10/20/2012 .N-1 O 0 N .mi O \ rm1 0 N 0\0 MI - 0 rm-1 i r-1 0 N 0 m 1-1r1 0 nil 0 N -1 CO c_ •�N O i --1.N-1 0 o LO 0 m r-1 H 0 d MI .m-1 0 1-1 N . -1 0 LO l\D V ..-1 .m-1 0 W N rNi 0 m N r1 Final Contract Price CO O its tOD VT ON C0 N p VV $17,343,163.43 OE 8LZ'00I'i$ O LO m V O CI Ib Vill p lD -ill 0 Oi m O n IN Original Contract Price $3,896,952.00 O O^ O o LO +.4i 00'SLI`SLI'LT$ 0 O of Lri U O N O O V O 0 CO VT 0 O o O O N 1.-i 0 tri LD N N Name of Design Architect and/or Design Engineer Kimley Horn U N a m u Stantec Consulting Services, Inc. Hanson 1- 2 -, Taylor Engineering Culpepper & Terpening Type of Work Civil / Roadway > to v o U K > u > m v o CC > u > 10 v o z > u > co v o CC Civil / Earthworks Civil / Roadway Description of Project widen to 5 -lanes, widen existing bridge intersection improvements add lanes, pavement rehab and bridge widening construct new taxiway, drainage, striping mill, resurface, minor widening, curb & gutter, sidewalks, turnouts, drainage Improvements dune replacement construction excavation, embankment, drainage, paving, striping and signs Name & Location of Project Oslo Road PH 11 RW (#3924) 4 0 m 3 x w c m Y ozs ra vl n I-95 Design/Build - S. of Indrio Rd to SLC/Indian River County Line (#3926) Valkaria Airport- New Parallel Taxiway "A" (#3946) SR 708 -Blue Heron Blvd - Palm Beach County (#3947) Dune Replacement -St. Lucie Nuclear Plant (#3948) Fairgreen Rd Extension (#3945) Name of Owner Indian River County Martin County O 0 LL Brevard County O 0 LL FPL City of PSL Completion Dates: ] 0 NJ & 0 ® 0 » 0 > Revised 1 (s1 NI cn ) 0 NI ®To 0 NJ r-1 0 NI ,-.1° 0 NI Final Contract Price ni r. \ \ � \ rri vt \ Original Contract Price 0 O o O o an $2,051,534.00 $1,523,342.00 $8,917,000.00 Name of Design Architect and/or Design Engineer Martin County Engineering Department Culpepper & Terpening Culpepper & Terpening ! Type of Work = �� ( ) (k \)) 7 k k )j\ Description of Project provide beach compatible fill material for dune restoration, provide sand removal, debris removal, escarpment leveling and beach tilling Complete reconstruction of roadway, drainage, and utilities ]/ 76_ 5 /; : at k"\/)/ ,c(0. /ƒ7k§ « Q {)2C§} E}/&± W =;m2 «§§2k/�� j�§t},f § ([]\± ;�u. in /iaj)) Name & Location of Project Emergency Dune Restoration (Bathtub Beach) (#3937) 10th Street Road Reconstruction (#3939) Weatherbee Road Sidewalks (#3940) C -41A Canal Bank - Highlands County (#3943) Name of Owner Martin County City of Ft. Pierce / St. Lucie County ( o 0 _ \ 2 / w 1-7Y fr O) STATUS OF CONTRACTS ON HAND Give full information about at of your contracts, whether prime or subcontracts; whether in progress or awarded but not yet begun; and regardless of its location and with whom contracted. Ix -ct)i 1 me ogI CO v: ' 5 o COD sil $ 10,155,376.00 r 3w ca ° a 1, ° �# �-W N �.__CC Fr. it k: `. � : Zt O O (+) O O $ 1,742,610.00 1 $ 282,536.00 O O O CO ER O O O CV ER $ 74,382.00 $ 463,005.00 ($ 5,264.00 $ 6,216.00 0000 O r N ER O (C) ER O a) COO V 69 O Ni 0 et co ER $ 1,652,580.00 $ 83,656.00 $ 78,786.00 $ 27,500.00 $ 3,964,535.00 $ 2,234.00 1 O*meq: O V N ER $ 21, 543.00 1 ;t o O O O co.- 64 O • jj y`r 16 , tiN- 1�N. ,Q_M ?:a o • M 8,365,734.00 0 0 [f N- N N 85,331.00 1,161,650.00 1 458,460.00 1 74,382.00 1,180, 580.00 49,955.00 45,473.00 6 27,186.00 0 o ,- O CO 22,511.00 i 84,452.00 0 O ..- O (0 e7 495,807.00 1 1,652,580.00 $ 83,656.00 1 00 o0 N- C() V- N ER ER $ 3,964,535.00 $ 41,038.00 25,189.00 $ 24,989.001 00 0o 0) r- 6464 co N $ 2,875.001 $_ 21,543.00 8,750.00 1 0 0 0) N ff' GRAND TOTAL NOTE: Columns 3 and 4 to show total contract (or subcontract) amounts. Column 5 to be difference between columns 3 and 4. Amount in columns 6 or 7 to be uncompleted portion of amount in column 5. All amounts to be shown to nearest 64 en ER err err Tr err Pr Tr Vr en 64 or or ER or en O tee., t ;'or 3,223,419.00 6 13,156,545.00 1,468,316.00 182,671.00 O 23,306.00 358,430.00 14,230.00] 1,932.00 18,820.00 6 - 897,117.00 6 1,298,938.00 I 995,254.00 6 92,430.00 58,545.00 1 ER $ 2,036.00 69 O ER $ 2,337.00 $ 415.00 Ii ER 1^5 w .J N 2 or ,77 69 Ea err erre. err 69 err ER err 69 en en en en -r o 4' ® • " ) =" 6,598,164.00 21,522,279.00 3,738,793.00 1 268,002.00 1 1,224,650.00 1 1,383,407.00 97,688.00 1,539,010.00 0 O (C) CO 48,482.00 1 29,118.00 98,434.00 J 41,331.00 1 0 O h CCO OO N7 1,366,225.00 1 1,794,745.00 6 2,647,834.00 0 O (O O co N- 202,297.00 27,500.00 3,964,535.00 48,986.00 O O '4) N n N 26,785.00 1 16,425.00 22,733.00 2,875.00 21,958.00 8,750.00 341,159.00 1. Z .� J Q H 17 Fr w 2 .0 L iiiw f" Z w ui tn W Ili sed e r err en err en 69 e r 69 Pr en err en ER err err err ER v -r ER err v> v -r v -r v, o, v -r v -r en r 001,001,1] tICir 66TH AVENUE -INDIAN RIVER COUNTY 1 CR 68 VERANO PLAT 12 L-8 RESERVOIR HOLLYWOOD & FELL PUSHBUTTON E4P35 TAYLOR CREEK DREDGING a 2 BULLDOG WAY LUDLUM ST STORMWATER PLAT 13 MODEL CENTER PARKING LOT STUART CAUSEWAY W REPAIRS 13TH ST SW @ 58TH AVE ST LUCIE NUCLEAR PARKING LAKE WALES AIRPORT IMPR #3982 LAKE WALES AIRPORT IMPR #3983 1 STUART CAUSEWAY E REPAIRS DMMA SAND EXCAVATION MIDWAY ROAD JOHNS ROAD OVERLAY w Z zc i imI SW 83RD ST & CITRUS w 0) IHAWKSPUR ROAD BRIGHTON CASINO PATCHES agoO wO� . 2 uw)I BRIGHTON RESERVATION IFPL,BACKYARD GRADING & PAVING a ,0pyB January 7, 2015 Dickerson Florida, Inc. Attn: Mr. Larry T. Dale 3122 N. 25th Street Fort Pierce, FL 34946 BOARD OF COUNTY COMMISSIONERS NOTICE OF AWARD Reference: Indian River County Bid No. 2015010 Vero Lake Estates Asphalt Milling Project (Phase 1) Dear Mr. Dale: I am pleased to inform you that on January 6, 2015, the Board of County Commissioners awarded It he above - referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Public Construction Bond (unrecorded) in the amount of 100% of the contract amount ($712,600 — which reflects your total bid). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance reflecting coverage as defined in SC -5.04, page 00800-3 of the bid documents, naming Indian River County as an additional insured and providing for a 30 day Notice of Cancellation. Please submit the documents to this office at the address provided below no later than January 22, 2015. Failure to comply with the established deadline for submittal of required documents may be grounds for 4ancellation of award. Thank you for your prompt attention and if you have any questions, please do not hesitate to contacl't our office. Sincerely, �\ fs Jennife Hyde Purchasing Manager cc: Chris Kafer, P.E, Engineering Division Office of Management and Budget • Purchasing Division 1800 27th Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140 E-mail: purchasing@ircgov.com SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Fpage ARTICLE 1 - WORK 2 ARTICLE 2 - THE PROJECT 2 ARTICLE 3 - ENGINEER 2 ARTICLE 4 - CONTRACT TIMES 2 ARTICLE 5 - CONTRACT PRICE 3 ARTICLE 6 - PAYMENT PROCEDURES 3 ARTICLE 7 - INDEMNIFICATION 5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9 - CONTRACT DOCUMENTS 6 ARTICLE 10 - MISCELLANEOUS 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - 1 Z:\Bids\2014-2015 FY (2015000)\2015010 - VLE Petition MillingsWgreement.doc Agreement SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision State of Florida organized and existing under the Laws of the State of Florida, (hereinafter OWNER) and DICKERSON FLORIDA, INC. f the alled (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or Documents. The Work is generally described as follows: This project consists of the roadway widening and placement of a phalt millings to the following streets in Vero Lake Estates located in Indian River C unty, Florida: 104th Avenue (87th Street to C.R. 512), 91s' Street (104th Avenue to 100th A enue) and 107th Avenue (90th Street to 94th Street). This project will include the construc on of two new drainage culverts on 104th Avenue, miscellaneous drainage improve ents, regrading of swales, clearing and grubbing, and replacement of grassed area wit in the project limits. forth, indicated in the Contract ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole only a part is generally described as follows: Project Name: Vero Lake Estates Asphalt Millings Project (Phase I) County Project Number: 1314 Bid Number: 2015010 Project Address: 104th Avenue, 107th Avenue, 91st Street, Indian River County, Florida 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 rediness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 00520 - 2 Z:\Bids\2014-2015 FY (2015000)\2015010 - VLE Petition Millings'Agreement.doc agreement A. The Work will be substantially completed on or before the 120th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150th 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 Toss 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 probing in a legal proceeding the actual loss suffered by OWNER if the Work is not compleed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTO shall pay OWNER $1,074.00 for each calendar day that expires after the time speci ied in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,074.00 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 arinounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the ContracJt:: Numerical Amount: $ 712,600.00 Written Amount: SEVEN HUNDRED TWELVE THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with A icle 14 of the General Conditions. Applications for Payment will be proce ed by ENGINEER as provided in the General Conditions and the Contract Docuknents. 6.02 Progress Payments. 00520 - 3 Z:\Bids\2014-2015 FY (2015000)\2015010 - VLE Petition Millings\Agreement.doc ,tkgreement A. The OWNER shall make progress payments to the CONTRACTOR on the b sis of the approved partial payment request as recommended by ENGIN ER in accordance with the provisions of the Local Government Prompt Payme t Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten ercent (10%) of the payment amounts due to the CONTRACTOR until fifty ercent (50%) completion of the work. After fifty percent (50%) completion of the ork is attained as certified to OWNER by ENGINEER in writing, OWNER shal retain five percent (5%) of the payment amount due to CONTRACTOR un it final completion and acceptance of all work to be performed by CONTRACTO under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)( ), fifty percent (50%) completion means the point at which the County as OWN R has expended fifty percent (50%) of the total cost of the construction service work purchased under the Contract Documents, together with all costs associat d 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 urontain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, o in the case of unit price work based on the number of units completed. Af er fifty percent (50%) completion, and pursuant to Florida Statutes ection 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 subj ct of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the ubject of a claim or demand by the County as OWNER or the CONTRACTO . The CONTRACTOR acknowledges that where such retainage is attributabl to the labor, services, or materials supplied by one or more subcontractors or su pliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes ection 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees hat: 1) the County as OWNER shall receive immediate written notice of all d cisions made by CONTRACTOR to withhold retainage on any subcontractor at reater 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 purchase 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 provisio of the Local Government Prompt Payment Act. In such event, payment and retainage provisio s 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 Agreement 00520 - 4 Z.\Bids12014-2015 FY (2015000)12015010 - VLE Petition MillingsWgreement.doc 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 oth rwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local LaWs and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) rep rts and drawings of a Hazardous Environmental Condition, if any, at the Site which hav been identified in the Supplementary Conditions as provided in paragraph 4.06 of the eneral Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for done so) all additional or supplementary examinations, investigations, exploration: studies, and data concerning conditions (surface, subsurface, and Underground F at or contiguous to the Site which may affect cost, progress, or performance of th or which relate to any aspect of the means, methods, techniques, sequenc procedures of construction to be employed by CONTRACTOR, including apply specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents to be employed by CONTRACTC safety precautions and programs incident thereto having , tests, )cilities) Work s, and ing the if any, R, and F. CONTRACTOR does not consider that any further examinations, investi ations, explorations, tests, studies, or data are necessary for the performance of the Wor at the Contract Price, within the Contract Times, and in accordance with the other ter s and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 00520 - 5 Z:\Bids\2014-2015 FY (2015000)12015010 - VLE Petition Millings\Agreement.doc Agreement H. CONTRACTOR has correlated the information known to CONTRACTOR, informati n and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambigui ies, or discrepancies that CONTRACTOR has discovered in the Contract Documents, a d the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1) 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. General Conditions (pages 00700-1 to 00700-42, inclusive); 7. Supplementary Conditions (pages 00800-1 to 00800-10, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions. 9. Drawings consisting of a cover sheet and sheets numbered 1 through 34, inOlusive, with each sheet bearing the following general title: Vero Lake Estates Asphalt Millings Project (Phase I); 10. Addenda (numbers 1 to 1 , inclusive); 11. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances 12. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 13. Bid Bond (page 00430-1 inclusive); 14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); �greement 00520 - 6 Z:\Bids\2014-2015 FY (2015000)\2015010 - VLE Petition Millings'Agreement.doc 15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 0454-2, inclusive); 16. Qualifications Questionnaire (pages 00456-1 to 00456-4, inclusive); 17. List of Subcontractors (page 00458-1 inclusive); 18. The following which may be delivered or issued on or after the Effective Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 19. Contractor's Final Certificate of the Work (page 00632-1 to 00632-2 of the Specifications) Date of the ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conlditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party soug t to be bound; and, specifically but without limitation, moneys that may become due and oneys that are due may not be assigned without such consent (except to the extent hat 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 di*charge 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 unenforceabl under any Law or Regulation shall be deemed stricken, and all remaining provisio s shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree hat 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 expres ing the intention of the stricken provision. 10.05 Venue 00520 - 7 Z:\Bids\2014-2015 FY (2015000)\2015010 - VLE Petition Millings\Agreement.doc Aigreement A. This Contract shall be governed by the laws of the State of Florida. Venue for an lawsuit brought by either party against the other party or otherwise arising out of this ontract shall be in Indian River County, Florida, or, in the event of a federal jurisdictio , 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 Statut s. The Contractor shall comply with Florida's Public Records Law. Specifically, the C ntractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be rf equired 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 ex eed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt frorjn public records disclosure requirements are not disclosed except as authorized by aw. (4) Meet all requirements for retaining public records and transfer, at no cos , to the County all public records in possession of the Contractor upon terminatio of the Agreement and destroy any duplicate public records that are ex mpt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is corhpatible with the information technology systems of the County. B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 00520 - 8 Z:\Bids\2014-2015 FY (2015000)\2015010 - VLE Petition Millings\Agreement.doc Agreement IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agree duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All of the Contract Documents have been signed or identified by OWNER and CONTRACTO their behalf. This Agreement will be effective on January 6 , 2015 (the date the Contract is a by the Indian River County Board of County Commissioners, which is the Effective Dat Agreement). OWNER: INDIAN RIVER COUNTY Wesley S. Davis, Chairman By: 1, �a2L2r, ,'y • ' 0.1i) oseph Baird, County Administrator APPRQVED AS TO FO SUF i IfA tiY: Dylan Rein old, County Attorney -LEGAL Jeffrey R. Smith, Clerk of Court and Comptroller Attest: (SEAL) au„ Deputy Clerk Designated Representative: Name: Christopher J. Kafer Jr., Title: County Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 CONTRACTOR: DICKERSON FLORIDA, ent in ortions or on proved of the B (Contractor) / CORPORATE;/ AL) Attes /It .1 Ai/L AVMar: Address for giving notices: P.O. BOX 910 FT PIERCE, FL 34554 License No. CGC OLib197 (Where applicable) Agent for service of process: Liitl.y T. bA t -i, Designated Representative: Name: LARRY T. DALE Title: PRESIDENT AddressP O. BOX 910 Bl. PIERCE, BL 34 54 Phone: (772) 429-4444 Facsimile: (772) 429-4445 (If CONTRACTOR is a cor partnership, attach evidence of au * * END OF SECTION * * 00520 - 9 Z:\Bids\2014-2015 FY (2015000)\2015010 - VLE Petition Millings\Agreement.doc oration or a :hority to sign.) greement TO: SECTION 00550 - Notice to Proceed Dated (BIDDER) ADDRESS: Contract For: VERO LAKE ESTATES ASPHALT MILLINGS PROJECT (PHASEI) IRC Project No: 1314 IRC Bid No. 2015010 You are notified that the Contract Times under the above contract will commence t run on By that date, you are to start performing your obligations under the ontract Documents. The contract has allocated 120 days for Substantial Completion of this pro ect and 150 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 co mence 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 an at all times thereafter when CONTRACTOR may be correcting, removing or replacing defecti e Work in accordance with Article 13. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) By: INDIAN RIVER COUNTY (OWNER) (AUTHORIZED SIGNATURE (TITLE) 00550 - Notice to Proceed REV 1-4-11.doc 00550 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents \00550 - Notice to Proceed REV 1-4-11.doc Rev. 05/01 3120150002891 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN BK: 2816 PG: 1985,1/16/2015 10:16 AM RIVER CO FL Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STAMES, 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: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME (If contracting entity Is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: (If applicable) DESCRIPTION OP WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (if applicable) All other bond page(s) ■ 106165324 Dickerson Florida, Inc. P.O. Box 910 Fort Pierce, Florida 34954-0910 772-429-4444 Travelers Casualty and Surety Company of America One Tower Square Hartford, Connecticut 06183 828-236-1000 Indian River County 1800 27th Street Vero Beach, Florida 32960 772-226-1416 $712,600.00 County Project #1314 Vero Lake Estates Roadway Widening and Placement of Asphalt Millings 104th Avenue, 107th Avenue, 91st Street, Vero Lake Estates Indian River County, Florida Indian River Co. Bid No. 2015010 - Vero Lake Estates Asphalt Milling Projec FRONT PAGE e deemed subseaoent to this page regardless of any page number(s) that may be printed thereon. 00610-2 t (Phase 1) 00610 - Public Construction Bond.doc F:Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th StWdminlbid documentslMaster Contract Documents \00610 - Public Construction Bond.doc p TRUE COPY CERIIFICATI�IERK AST PAGE J.R. SMITH, BK: 2816 PG: 1986 PUBLIC CONSTRUCTION BOND Bond No. 106165324 enter bond number BY THIS BOND, We Dickerson Florida, Inc. , as Principal and Travele . Casualty and Surety Company of America, a corporation, as Surety, are bound to Indian River County , herein called Owner, in the sum of $ 712,600.00 , for payment of which e bind ourselves, our heirs, personal representatives, successors, and assigns, jointly a d severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated January 6, 2015 , between Principal and Owner fCr construction of Vero Lake Estates Asphalt Millings Project (Phase 1) , 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), Florid Statutes, supplying Principal with labor, materials, or supplies, used directly or indirect) by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attomey'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 th0 time specked 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 accordan 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 noncomplianc with any formalities connected with the contract or the changes does not affect Surety' obligation under this bond. DATED ON January 6, 2015, Dickerson Florida, Inc. asual and Sure Com... ' f America (Attorney -m -Fact) Karen K. Beard, Attorney -in -Fact and Florida icensed Agent 00610-3 00610 - Public Construction Bond.doc F:1Public Works\ENGINEERING DIVISION PROJECTS113t4-107th Ave Milling 90th St to 94th St\Adminthid documents\Master Contract Documents\00610 - Public Construction Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE �N, CLERK BK: 2816 PG: 1987 TRAVELERSJ Attorney -In Fact No. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 223206 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company United States Fidelity and Guaranty Con of America 9Y Certificate No. 00600712E3 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul uardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insur nce Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly rganized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Karen K. Beard of the City of Asheville , State of North Carolina , their true and lawful ttomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, condition undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of August 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 4th St. Paul Mercury Insurance Company Travelers Casualty and Surety Compan; Travelers Casualty and Surety Compan; United States Fidelity and Guaranty Co of America ipany State of Connecticut City of Hartford ss. By: Robert L. Raney. nior Vice Preside On this the 4th day of August 2014 before me personally appeared Robert L. Raney, who ackn wledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Unde riters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety ompany, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, ex cured the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. Marie C. Tetreault, Notary Public A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER BK: 2816 PG: 1988 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casual and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Americ Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice Preside President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's n. Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or an delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is i thereof is filed in the office of the Secretary; and it is Company, Fidelity Guardian Insurance , and United States t, any Second Vice t for and on behalf e and seal with the ndertaking, and any Vice President may writing and a copy FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents t ursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation o authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice Presiden any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Anomeys-in-Fact for purposes only of executin and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signa shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity an Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, T Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that th is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this/0day of . any Vice President, f Attorney or to any and attesting bonds or facsimile seal valid and binding on Guaranty Insurance avelers Casualty and above and foregoing ,20 LS Kevin E. Hughes, Assistant Sec tary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorne In -Fact -number, the above-named individuals and the details of the bond to which the power is attached. FLORIDA rERCCUNTT TO CERTIFY THATTHIS ISA TRUE AND C ".?ECT THE ORIGINAL ON FILE IH TE'S OFF CE.`ITIS W,,AYHAVE REDACTED INFORWATIONA STATED STATUE 119.07. SYITH,CL l9 BY DEPU7 CLER DATE WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 01/08/2015 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 SURETY AGENCY, LLC 552-B NEW HAW CREEK ROAD ASHEVILLE, NC 28805 828-236-1000 FAX 828-236-1001 NAME KAREN KAREN BEARD PHONE 828-236-1000 (A/C No, Ext) FAX 828-236-1001 (A/C, No). E-MAIL KAREN110@BELLSOUTH.NET INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ZURICH AMERICAN INS CO INSURED DICKERSON FLORIDA, INC. P. O. BOX 910 FT. PIERCE, FL 34954-0910 INSURER B: AMERICAN GUARANTEE & LIABILITY INS CO INSURER C. INSURER D INSURER E INSURER F. COVERAGES CERTIFICATE NUMBER: 100304 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X GL05761374 07/01/2014 07/01/2015 EACH OCCURRENCE $ 1,000,000 PREMISESTO(Ea occurrence $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ N/A PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES PRO- JECT PER: LOC $ A AUTOMOBILE X X LIABILITY ANY AUTO ALLOWNED AUTOS HIRED AUTOS — X SCHEDULED NON -OWNED AUTOS BAP5761373 07/01/2014 07/01/2015 Ea MBIaccidentSINGLE LIMIT $ 1,000,000 ,000000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident)$ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE AUC9266387 07/01/2014 07/01/2015 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 $ DED RETENTION $ RETENTION $ A WORKERS AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEN OFFICER/MEMBER EXCLUDED/ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N / A WC5731375 07/01/2014 07/01/2015 WC STATU- TH X TORY LIMITS ER E . EACH ACCIDENT $ 1 ,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 E . DISEASE - POLICY LIMIT I $ 1 ,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, ii more space is required) PROJECT: INDIAN RIVER COUNTY BID NO. 2015010, COUNTY PROJECT NUMBER: 1314 VERO LAKE ESTATES ASPHALT MILLING PROJECT (PHASE 1) INDIAN RIVER COUNTY IS ADDITIONAL INSURED WITH A THIRTY (30) DAY NOTICE OF CANCELLATION FOR THE WORK PERFORMED BY THE INSURED CERTIFICATE HOLDER CANCELLATION INDIAN RIVER COUNTY 1801 27TH STREET VERO BEACH, FL 32960-3388 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WI L BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ‘„,„ z& -ti ACORD 25 (2010/05) © 1988-2010 ACORD CORPORAT The ACORD name and logo are registered marks of ACORD 0 N. All rights reserved. SECTION 00622 - Contractor's Application for Paymen Vero Lake Estates Asphalt Millings Project (Phase I) Application for Payme For Work Accomplished through the period of through t No. To: Indian River County (OWNER) From: (CONTRACTOR) Bid No.: 2015010 Project No.: 1314 1) Attach detailed schedule and copies of all paid invoices. 1. 2. 3. 4. 5. Original Contract Price: Net change by Change Orders and Written Amendments (+ or -): Current Contract Price (1 plus 2): Total completed and stored to date: 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 and materials listed on this request for payment have been used in the construction of payment received from the last pay request has been used to make payments to all su laborers, materialmen and suppliers except as listed on Attachment A, below; (3) titl: materials and equipment incorporated in said Work or otherwise listed in or co Application for Payment will pass to OWNER at time of payment free and clear of all L interests and encumbrances (except such as are covered by a Bond acceptable indemnifying OWNER against any such Lien, security interest or encumbrance); covered by this Application for Payment is in accordance with the Contract Docum defective; and (5) If this Periodic Estimate is for a Final Payment to project or improve certify that all persons doing work upon or furnishing materials or supplies for t 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 be -n paid and discharged, and that I have no claims against the OWNER. (1) the labor his Work; (2) bcontractors, of all Work, ered by this ens, security to OWNER (4) all Work -nts and not ent, I further is project or Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontract rs, laborers, materialmen and suppliers except as listed on Attachment A, together with an e planation as to why any release of lien form is not included; 00622 - Contractor's Application for Paym nt - 03-10 rev.doc 00622 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\00622 - t♦ontractors Application for Payment - 03-10 rev.doc Rev. 05/01 2. Updated Construction Schedule per Specification Section 01310, and Dated By: STATE OF FLORIDA COUNTY OF INDIAN RIVER age 2of6 (CONTRACTOR — must be signe an Officer of the Corporation) by Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally , who being by me first duly sworn upon oath, says that he. of the CONTRACTOR mentioned above and that he/she ha. authorized to act on behalf of it, and that he/she executed the above Contractor's Ap Payment and Contractor's Certification statement on behalf of said 'CONTRACTOR; an the statements contained herein are true, correct, and complete. Subscribed and swot me this day of , 20 is personally known to me or has as identification. (SEAL) NOTARY PUBLIC: Printed name: Commission No.: Commission Expiration: ******************************************************************************************* [The remainder of this page was left blank intentionally] appeared she is the been duly plication for that all of n to before produced 00622 - Contractor's Application for Paymerk - 03-10 rev.doc 00622 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Millin Q90th St to 94th St\Admin\bid documents\Master Contract Documents100622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Page 3 of 6 corporation, in accordance with Public Construction Bond Number consents to payment by the OWNER to the CONTRACTOR, for the amounts sp this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: ,a , hereby cified in Secretary Corporate Surety STATE OF FLORIDA COUNTY OF INDIAN RIVER Business Address BY: Print Name: Title: (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personall , to me well known or wh as identification, who being by me first upon oath, says that he/she is the and that he/she has been authorized by it to approv by the OWNER to the CONTRACTOR of the foregoing Contractor's Appl Payment. Subscribed and sworn to before me this , 20 appeared produced my sworn for payment cation for day of 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 \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\00622 - Con for Payment - 03-10 rev.doc Rev. 05/01 ctor's Application Page 4 of 6 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 easonably accurate statement of the work performed and/or material supplied by the Contr. ctor. I am not certifying as to whether or not the Contractor has paid all subcontractor, laborers, materialmen and suppliers because I am not in a position to accurately det-rmine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts f Payments and the notes and reports of my inspections of the project. To the knowledge, this statement of work performed and/or materials supplied app reasonably accurate, that the Contractor appears to be observing the requirem Contract with respect to construction, and that the Contractor should be paid t requested above, unless otherwise noted by me. I am not certifying as to whe the Contractor has paid all subcontractors, laborers, materialmen and suppliers am not in a position to accurately determine that issue. Dated r Contract est of my ars to be nts of the e amount her or not because I SIGNATURE ******************************************************************************************** ****** [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractors Application for Paymen - 03-10 rev.doc 00622 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling 90th St to 94th St\Admin\bid documents\Master Contract Documents\00622 - Cor tractor's Application for Payment - 03-10 rev.doc Rev. 05/01 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have paid from the payment received from the last Pay Request and the reasoi they were not paid (attach additional pages as necessary): age 5 of 6 not been why 2. List of all subcontractors, laborers, materialmen and suppliers for which release of lien form (partial or final as applicable) is not included with thi Request, together with an explanation as to why the release of lien form included (attach additional pages as necessary): a signed Pay s not 00622 - Contractor's Application for Paymen 00622 - 5 F:1Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th St1Adminthid documents \Master Contract Documents\00622 - Con for Payment - 03-10 rev.doc Rev. 05/01 - 03-10 rev.doc actors Application 0 z 0 U 0. 0 C2) ro a MATERIALS 0 TOTAL COMPLETED THIS PERIOD W J > 0 w J 0 W U N J F- O 1- H z ❑ w 0 F- J H 0 H 0 1- z -J F- 0 H 1- z 0 -J H 0 N E - z 0 0 E SUBTOTAL SUBTOTAL F - z U0 re o OQ 0 0 0 uy si 0 0 0 J 1- 0 GRAND TOTAL 0 F W 0 z W • W A e O 0 F 0v) w wz '4 • p o a� F wOW o624 F, RETAINAGE AT 10% TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT a O 0 W z 0 PAGE 00622-6 U fo 4-, O U a) 1) co w E U 0 0 s v 01 0 fj -71-2 O a) 01 a X = cu > a) ifsL Y @ n a) O L CL N Y .1 c m v n - W L O 0 cc c d 0 z O V) a C. ❑ Q L7 I^ 0 U LU m W L Z_ C9 U Z cV W fV 0 0 / -, 4-, U CU CU CL 7 O / 0 LL ❑ SECTION 00630 - Certificate of Substantial Completion Date of Issuance: , 20 OWNER: Indian River County CONTRACTOR: Project No.: 1314 Project Description: Vero Lake Estates Asphalt Millings Project (Phase I) Bid No. 2015010 CONTRACT FOR: Vero Lake Estates Asphalt Millings Project (Phase I) This Certificate of Substantial Completion applies to all Work under the Contract Documents to the following specified parts thereof: or To. OWNER And To. CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared of 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 of be all- inclusive, and the failure to include an item in it does not alter the respon ibility of CONTRACTOR to complete all the Work in accordance with the Contract Docume ts. 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 RSV 04-07.doc 00630 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St'Admin\bid documents\Master Contract Documents\00630 - Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security, operation, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: safety, 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 4-07.doc 00630 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th St\Admintbid 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: VERO LAKE ESTATES ASPHALT MILLINGS PROJECT (PHASE I IRC PROJECT NO: 1314 STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said stat to administer oaths, comes , who on ath says: That he is the CONTRACTOR with whom Indian River County, Florida, a poli ical 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 been completed and the Contract therefore fully performed and final payment is now and that all liens of all firms and individuals contracting directly with or directly employe such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount has due by 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 r his representative and are fully operational with no defects or deficiencies excep as listed below. 00632-1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Con Documents\00632 - Contractors Final Certification REV 04-07.doc act 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Corporate Seal) (Contractor) By: Subscribed and sworn to before me this day of , 20 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + 00632-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Con act Documents\00632 - Contractors Final Certification REV 04-07.doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER'S CERTIFICATION A . TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RE AINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATIIN FOR PAYMENT) 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: Vero Lake Estates Asphalt Millings Pr (Phase I) INDIAN RIVER COUNTY PROJECT #1314 ject 1 FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision. I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents, except for discrepancies listed below. [Attach additional sheets as necessary] CERTIFIED BY: (SURVEYOR'S SEAL) Printed Name: Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name: Company Address: Telephone Number: 00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work RE 00634 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents \00634 - Pt Irvevnr anri Mannans Certification as to Elevations and Locations of the Work REV 04-07.doc Rev. 06/01 04-07.doc fessional 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 ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms 1.02 Terminology ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds 2.02 Copies of Documents 2.03 Commencement of Contract Times; Notice to Proceed 2.04 Starting the Work 2.05 Before Starting Construction 2.06 Preconstruction Conference 2.07 Initial Acceptance of Schedules ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent 3.02 Reference Standards 3.03 Reporting and Resolving Discrepancies 3.04 Amending and Supplementing Contract Documents 3.05 Reuse of Documents ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENC POINTS 4.01 Availability of Lands 4.02 Subsurface and Physical Conditions 4.03 Differing Subsurface or Physical Conditions 4.04 Underground Facilities 4.05 Reference Points 4.06 Hazardous Environmental Condition at Site Page 5 5 7 8 8 8 8 8 8 9 9 9 9 10 10 10 10 E 11 11 11 11 12 13 13 14 14 15 15 15 16 16 17 17 18 18 18 18 18 19 19 19 20 ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds 5.02 Licensed Sureties and Insurers 5.03 Certificates of Insurance 5.04 CONTRACTOR's Liability Insurance 5.05 OWNER's Liability Insurance 5.06 Property Insurance 5.07 Waiver of Rights 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace 5.10 Partial Utilization, Acknowledgment of Property Insurer ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence 6.02 Labor; Working Hours 6.03 Services, Materials, and Equipment 6.04 Progress Schedule 6.05 Substitutes and "Or -Equals" 6.06 Concerning Subcontractors, Suppliers, and Others 00700 - General Condition REV 5-10-13.doc 00700 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\00700 - General Conditions V 5-10-13.doc 6.07 Patent Fees and Royalties 6.08 Permits 6.09 Laws and Regulations 6.10 Taxes 6.11 Use of Site and Other Areas 6.12 Record Documents 6.13 Safety and Protection 6.14 Safety Representative 6.15 Hazard Communication Programs 6.16 Emergencies 6.17 Shop Drawings and Samples 6.18 Continuing the Work 6.19 CONTRACTOR's General Warranty and Guarantee 6.20 Indemnification ARTICLE 7 - OTHER WORK 7.01 Related Work at Site 7.02 Coordination ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor 8.02 Replacement of ENGINEER 8.03 Furnish Data 8.04 Pay Promptly When Due 8.05 Lands and Easements; Reports and Tests 8.06 Insurance 8.07 Change Orders 8.08 Inspections, Tests, and Approvals 8.09 Limitations on OWNER's Responsibilities 8.10 Undisclosed Hazardous Environmental Condition 8.11 Evidence of Financial Arrangements ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative 9.02 Visits to Site 9.03 Project Representative 9.04 Clarifications and Interpretations 9.05 Authorized Variations in Work 9.06 Rejecting Defective Work 9.07 Shop Drawings, Change Orders and Payments 9.08 Determinations for Unit Price Work 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 9.10 Limitations on ENGINEER's Authority and Responsibilities ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work 10.02 Unauthorized Changes in the Work 10.03 Execution of Change Orders 10.04 Notification to Surety 10.05 Claims and Disputes ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work 11.02 Cash Allowances 21 22 22 22 22 23 23 23 23 24 24 25 25 25 26 26 27 27 27 27 27 27 27 27 27 27 27 27 27 28 28 28 28 28 28 28 29 29 29 29 30 30 30 30 30 30 31 31 33 00700 - General Condition REV 5-10-13.doc 00700 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling 90th St to 94th St\Admin\bid documents\Master Contract Documents \00700 - General Conditions V 5-10-13 doc 11.03 Unit Price Work ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price 12.02 Change of Contract Times 12.03 Delays Beyond CONTRACTOR's Control 12.04 Delays Within CONTRACTOR's Control 12.05 Delays Beyond Owner's and CONTRACTOR's Control 12.06 Delay Damages ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects 13.02 Access to Work 13.03 Tests and Inspections 13.04 Uncovering Work 13.05 OWNER May Stop the Work 13.06 Correction or Removal of Defective Work 13.07 Correction Period 13.08 Acceptance of Defective Work 13.09 OWNER May Correct Defective Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values 14.02 Progress Payments 14.03 CONTRACTOR's Warranty of Title 14.04 Substantial Completion 14.05 Partial Utilization 14.06 Final Inspection 14.07 Final Payment 14.08 Final Completion Delayed 14.09 Waiver of Claims ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work 15.02 OWNER May Terminate for Cause 15.03 OWNER May Terminate For Convenience 15.04 CONTRACTOR May Stop Work or Terminate ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice 17.02 Computation of Times 17.03 Cumulative Remedies 17.04 Survival of Obligations 17.05 Controlling Law 33 33 33 34 34 34 34 35 35 35 35 35 36 36 36 36 37 37 37 37 38 39 39 40 40 40 41 41 42 42 42 42 43 43 43 43 43 43 43 43 43 00700 - General Condition REV 5-10-13.doc 00700 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\00700 - General Conditions V 5-10-13.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment—The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupa- tional Safety and Health Administration. 5. Bid—The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds—Performance and payment bonds and other instruments of security. 9. Change Order—A document recommend- ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or a OWNER or CONTRACTOR seeking an a Contract Price or Contract Times, or b relief with respect to the terms of the demand for money or services by a third Claim. sertion by justment of th, or other ontract A arty is not a • • 1 11. Contract—The entire and written agreement between the 0 CONTRACTOR conceming the Work. supersedes prior negotiations, represe agreements, whether written or oral. 12. Contract Documents—The Documents establish the rights and oblig parties and include the Agreement, Add pertain to the Contract Documents), CON Bid (including documentation accompan and any post Bid documentation submitte Notice of Award) when attached as an Agreement, the Notice to Proceed, the : General Conditions, the Supplementary the Specifications and the Drawings as more specifically identified in the Agreem with all Written Amendments, Change • Change Directives, Field Orders, and : written interpretations and clarifications i after the Effective Date of the Agreemen Shop Drawings and the reports and subsurface and physical conditions are Documents. Only printed or hard copies listed in this paragraph are Contract Docu in electronic media format of text, data, g the like that may be fumished by CONTRACTOR are not Contract Documents. integrated NER and he Contract tations, or Contract ;tions of the nda (which RACTOR's ing the Bid prior to the xhibit to the onds, these Conditions, e same are nt, together rders, Work NGINEER's sued on or Approved • rawings of of Contract of the items ents. Files aphics, and WNER to 0 • 13. Contract Price—The moneys OWNER to CONTRACTOR for compl Work in accordance with the Contract D stated in the Agreement (subject to the paragraph 11.03 in the case of Unit Price It 14. Contract Times—The numb - the dates stated in the Agreement to: Substantial Completion; and (ii) complete that it is ready for final payment as e ENGINEER's written recommendation ment • payable by tion of the uments as rovisions of ork). r of days or (i) achieve the Work so idenced by •f final pay - 15. CONTRACTOR—The individ al or entity with whom OWNER has entered into the greement 16. Cost of the Work—See parag - ph 11.01.A for definition. 00700 - General Conditions 00700 - 5 F:\Publc Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling,90th St to 94th St\Admin\bid documents\Master Contract Documents\00700 - General Conditions V 5-10-13.doc 5-10-13.doc 17. Drawings—That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER—The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant An individual or entity having a contract with ENGINEE mish services as ENGINEER's in•- • - sent professional associate or consul - • + respect to the Project and who is '• - - ' ed as such in the Supplementary 21. Field Order—A written order issued by ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements—Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulat- ions—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone—A principal event specified in the Contract Documents relating to an intermediate F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St 13.doc completion date or time prior to Substan ial Comple- tion of all the Work. 28. Notice of Award—The writte notice by OWNER to the apparent successful bidde stating that upon timely compliance by the apparen successful bidder with the conditions precedent li -ted therein, OWNER will sign and deliver the Agreem=nt. 29. Notice to Proceed—A written by OWNER to CONTRACTOR fixing t which the Contract Times will commenc= on which CONTRACTOR shall start to Work under the Contract Documents. 30. OWNER—The individual, e body, or authority with whom CONT entered into the Agreement and for whom to be performed. otice given e date on to run and perform the tity, public CTOR has the Work is 31. Partial Utilization—Use by 0 NER of a substantially completed part of the Work for the pur- pose for which it is intended (or a relat-d purpose) prior to Substantial Completion of all the ork. 32. PCBs—Polychlorinated biphe yls. 33. Petroleum—Petroleum, includ ng crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure 60 degrees Fahrenheit and 14.7 pounds per -quare inch absolute), such as oil, petroleum, fuel oil, •il sludge, oil refuse, gasoline, kerosene, and oil mixes with other non -Hazardous Waste and crude oils. 34. Project—The total constructi•n of which the Work to be performed under e Contract Documents may be the whole, or a pa as may be indicated elsewhere in the Contract Docu ents. 35. Project Manual—The bound information prepared for bidding and con Work. A listing of the contents of the Pr which may be bound in one or more contained in the table(s) of contents. 36. Radioactive Material—Sour nuclear, or byproduct material as de Atomic Energy Act of 1954 (42 USC Se seq.) as amended from time to time. • ocumentary tructing the 'ect Manual, volumes, is e, special ned by the tion 2011 et 37. Resident Project Repress ntative—The authorized representative of ENGINEER o may be assigned to the Site or any part thereof. 38. Samples—Physical exa pies of materials, equipment, or workmanshi• that are representative of some portion of the Wo and which 00700 - General Conditi• s REV 5-10-13.doc 00700 - 6 to 94th St\Admin\bid documents\Master Contract Documents \00700 - General C' nditions REV 5-10- establish the standards by which such portion of the Work will be judged. 39. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site—Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications—That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor—An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to fumish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work—Work to be paid for on the basis of unit prices. 48. Work—The entire completed onstruction or the various separately identifiable part . thereof re- quired to be provided under the Contract Documents. Work includes and is the result of p=rforming or providing all labor, services, and do umentation necessary to produce such cons ction, and furnishing, installing, and incorporating .:II materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directiv- A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINE R ordering an addition, deletion, or revision in th- Work, or responding to differing or unforeseen s bsurface or physical conditions under which the W. rk is to be performed or to emergencies. A Work Change Directive will not change the Contract "rice or the Contract Times but is evidence that the p- riles expect that the change ordered or documented by a Work Change Directive will be incorporated i a subse- quently issued Change Order following neotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment -A writte statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after e Effective Date of the Agreement and normally dea ing with the non -engineering or nontechnical rather han strictly construction -related aspects of the Con ract Docu- ments. 1.02 Terminology A. Intent of Certain Terms or Adjecti 1. Whenever in the Contract Do terms "as allowed," "as approved," or t effect or import are used, or the "reasonable," "suitable," "acceptable "satisfactory," or adjectives of like effe are used to describe an action or dete ENGINEER as to the Work, it is intend action or determination will be solely to general, the completed Work for com the requirements of and information in Documents and conformance with concept of the completed Project as a s uments the mis of like adjectives " "proper," t or import ination of d that such evaluate, in • Hance with e Contract the design functioning whole as shown or indicated in the Contract Documents (unless there is a specifi statement indicating otherwise). The use of any uch term or adjective shall not be effective to assi n to ENGI- 00700 - General Condition REV 5-10-13.doc 00700 - 7 F:1Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents\00700 - General Co 13.doc ditions REV 5-10- NEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recom- mendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Fumish, Install, Perform, Provide 1. The word "furnish," when used in equipment, shall mean to supply and deliver 2. The word "install," when used in connection with services, materials, or in final position said services, materials, or use: 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or use: 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. 00700 - 8 F:\Public Works'ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents\00700 - General C•nditions REV 5-10- 13.doc E. Unless stated otherwise in the Co ments, words or phrases which have a technical or construction industry or trade used in the Contract Documents in acc such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS tract Docu- well-known eaning are rdance with 2.01 Delivery of Bonds A. When CONTRACTOR delivers e executed Agreements to OWNER, CONTRACTO shall also deliver to OWNER such Bonds as CO TRACTOR may be required to fumish. 2.02 Copies of Documents A. OWNER shall furnish to CONT to ten copies of the Contract Document copies will be furnished upon request a reproduction. CTOR up Additional the cost of 2.03 Commencement of Contract Tim s; Notice to Proceed A. The Contract Times will comme the thirtieth day after the Effective Date ment or, if a Notice to Proceed is given indicated in the Notice to Proceed. A N ceed may be given at any time within 30 d Effective Date of the Agreement. In no Contract Times commence to run lat ninetieth day after the day of Bid op thirtieth day after the Effective Date of th whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to Work on the date when the Contract mence to run. No Work shall be done at to the date on which the Contract Times run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Co ments: Before undertaking each part CONTRACTOR shall carefully study and Contract Documents and check and ve figures therein and all applicable field m CONTRACTOR shall promptly report ENGINEER any conflict, error, a discrepancy which CONTRACTOR may shall obtain a written interpretation or cla ENGINEER before proceeding with any ce to run on f the Agree - on the day tice to Pro- ys after the vent will the r than the ning or the Agreement, erform the Imes com- e Site prior mmence to tract Docu- f the Work, ompare the ify pertinent asurements. n writing to biguity, or iscover and fication from ork affected 00700- General Conditi•ns REV 5-10-13.doc thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC- TOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for sub- mitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. the Site is started, CONTRACTOR and OWNE; all each deliver to the other, with copi o each additional insured identified in ti - upplementary Conditions, certificates of ' urance (and other evidence of insuranc- ich either of them or any additional insur-, may reasonably request) which CONTRA • ' and OWNER respectively are 2.06 Preconstruction Conference to run, but before any Wo conference ite is started, a y CONTRACTOR, ENGINEER, as appropriate will be held to establish a and other submittals, processing Applications for 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in t e Contract Documents, at least ten days before submission of the first Application for Payment a conference CONTRACTOR, ENGINEER, and others ate will be held to review for acceptabili NEER as provided below the schedules accordance with paragraph 2.05.B. CO shall have an additional ten days to mak: and adjustments and to complete and r schedules. No progress payment shall CONTRACTOR until acceptable sch submitted to ENGINEER. 1. The progress schedu acceptable to ENGINEER if it orderly progression of the Work t• within any specified Milestone Contract Times. Such accepta impose on ENGINEER responsi' progress schedule, for sequencing, or progress of the Work nor inte relieve CONTRACTOR from CON full responsibility therefor. 2. CONTRACTOR's sched Drawing and Sample submitt- acceptable to ENGINEER if it workable arrangement for rev processing the required submittals. 3. CONTRACTOR's sched will be acceptable to ENGINEER and substance if it provides a allocation of the Contract Price t• parts of the Work. attended by :s appropri- to ENGI- ubmitted in TRACTOR corrections -submit the •e made to dules are e will be rovides an completion and the ce will not ility for the scheduling, ere with or RACTOR's le of Shop Is will be provides a ewing and le of values as to form reasonable component ARTICLE 3 - CONTRACT DOCUMENT`: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents a e comple- mentary; what is called for by one is as •inding as if called for by all. B. It is the intent of the Contract D. uments to describe a functionally complete Project (iir part there- of) to be constructed in accordance with he Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documen s or from prevailing custom or trade usage as bein required to produce the intended result will be provi ed whether or not specifically called for at no addit onal cost to OWNER. 00700 - General Conditiohs REV 5-10-13.doc 00700 - 9 F:1Public Works\ENGINEERING DMSION PROJECTS11314-107th Ave Milling90th St to 94th St\Adminlbid documents\Master Contract Documents100700 - General C nditions REV 5-10- 13.doc C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifica- tions, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the stan- dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employ- ees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or EN failure to report any such co ambiguity, or discrepancy unl TRACTOR knew or reasonably s known thereof. B. Resolving Discrepancies INEER for flict, error, ss CON- ould have 1. Except as may be otherwise specifically stated in the Contract Iocuments, the provisions of the Contract Doc ments shall take precedence in resolving any cu nflict, error, ambiguity, or discrepancy be een the provisions of the Contract Documents and: a. the provisions of an standard, specification, manual, code, o instruction (whether or not specifically inc • rporated by reference in the Contract Docu ents); or b. the provisions of any Regulations applicable to the of the Work (unless such an int the provisions of the Contract would result in violation of s Regulation). 3.04 Amending and Supplementing C Documents Laws or performance rpretation of Documents ch Law or 11 A. The Contract Documents may be provide for additions, deletions, and revi Work or to modify the terms and conditio one or more of the following ways: ( Amendment; (ii) a Change Order, or Change Directive. B. The requirements of the Contrac may be supplemented, and minor va deviations in the Work may be authorize more of the following ways: (i) a Fief ENGINEER's approval of a Shop Drawin or (iii) ENGINEER's written interpretati cation. ntract amended to ions in the s thereof in ) a Written iii) a Work 11 3.05 Reuse of Documents A. CONTRACTOR and any Sub• Supplier or other individual or entity p fumishing any of the Work under a dire contract with OWNER: (i) shall not hav any title to or ownership rights in any of Specifications, or other documents (or thereof) prepared by or bearing ENGINEER or ENGINEER's Consulta Documents ations and , by one or Order, (ii) or Sample; n or clarifi- ontractor or rforming or t or indirect or acquire e Drawings, . pies of any e seal of t, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other d•cuments, or copies thereof on extensions of the P oject or any 00700 - General Conditi 00700 - 10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th StWdmin\bid documents Master Contract Documents\00700 - General 13.doc ns REV 5-10-13.doc onditions REV 5-10- other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall fumish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's fumishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall fumish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or conti•uous to the Site (except Underground Facilitie ) that ENGI- NEER has used in preparing t e Contract Documents. B. Limited Reliance by CONT Technical Data Authorized: CONTRACT upon the general accuracy of the "te contained in such reports and drawing reports and drawings are not Contract Such "technical data" is identified in the S ry Conditions. Except for such relian "technical data," CONTRACTOR may not make any Claim against OWNER, ENGI of ENGINEER's Consultants with respect CTOR on R may rely nical data" but such Documents. pplementa- e on such rely upon or EER, or any o: 1. the completeness of such reports and drawings for CONTRACTOR s purposes, including, but not limited to, any a•pects of the means, methods, techniques, seq ences, and procedures of construction to be : mployed by CONTRACTOR, and safety pre«: utions and programs incident thereto; or 2. other data, interpretatio and information contained in suc shown or indicated in such drawing 3. any CONTRACTOR int or conclusion drawn from any "te. or any such other data, int opinions, or information. s, opinions, reports or or rpretation of hnical data" rpretations, 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR belie subsurface or physical condition at or c the Site that is uncovered or revealed eith 1. is of such a nature as that any "technical data" on which TOR is entitled to rely as provided 4.02 is materially inaccurate; or es that any ntiguous to r. to establish CONTRAC- n paragraph 2. is of such a nature as o require a change in the Contract Documents; or 3. differs materially from th-t shown or indicated in the Contract Documen .; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recogn. ed as inher- ent in work of the character provid-d for in the Contract Documents; then CONTRACTOR shall, promptly aft r becoming aware thereof and before further di turbing the 00700 - General Cando 00700 - 11 F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling90th St to 94th St\Admin'bid documents Master Contract Documents100700 - General C 13.doc s REV 5-10-13.doc nditions REV 5-10- subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in para- graph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times it a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed o give the written notice within the time and as re- quired by paragraph 4.03.A. 3. If OWNER and CONT unable to agree on entitlement t amount or extent, if any, of any a the Contract Price or Contract Tim Claim may be made therefor as paragraph 10.05. However, ENGINEER, and ENGINEER's shall not be liable to CONTRAC claims, costs, losses, or damage but not limited to all fees and engineers, architects, attorneys, professionals and all court or arbitra dispute resolution costs) su CONTRACTOR on or in connecti other project or anticipated project. CTOR are or on the justment in s, or both, a provided in OWNER, Consultants OR for any (including charges of and other ion or other tained by •n with any 11 4.04 Underground Facilities A. Shown or Indicated: The informatin and data shown or indicated in the Contract Doc ments with respect to existing Underground Faci ities at or contiguous to the Site is based on info ation and data fumished to OWNER or ENGIN ER by the owners of such Underground Facilitie including OWNER, or by others. Unless it i- otherwise expressly provided in the Supplementary •onditions: 1. OWNER and ENGINEEshall not be responsible for the accurac or com- pleteness of any such information o data; and 2. the cost of all of the folio ing will be included in the Contract Price, and ONTRAC- TOR shall have full responsibility fo a. reviewing and checkin• all such information and data, b. locating all Undergroun. Facilities shown or indicated in the Contract Documents, c. coordination of the Wo with the owners of such Undergroun. Facilities, including OWNER, during const ction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from th Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contig ous to the 00700 - General Condition. REV 5-10-13.doc 00700 - 12 F:1Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th StV+dmin\bid documentstMaster Contract Documents\00700 - General Co 13.doc tions REV 5-10- Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGI- NEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CON- TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condifon at Site A. Reports and Drawings: Referenc the Supplementary Conditions for the ide those reports and drawings relating to a Environmental Condition identified at the that have been utilized by the ENGIN preparation of the Contract Documents. B. Limited Reliance by CONT Technical Data Authorized: CONTRACT upon the general accuracy of the "tec contained in such reports and drawing reports and drawings are not Contract Such "technical data" is identifie Supplementary Conditions. Except for s on such "technical data," CONTRACTOR upon or make any Claim agains ENGINEER or any of ENGINEER's Con respect to: is made to tification of Hazardous Site, if any, ER in the 0 1. the completeness of s and drawings for CONTRACTOR' including, but not limited to, any a - means, methods, techniques, seq procedures of construction to be CONTRACTOR and safety prec programs incident thereto; or 2. other data, interpretatio and information contained in suc shown or indicated in such drawing 3. any CONTRACTOR inte or conclusion drawn from any "te' or any such other data, interpretati or information. • • CTOR on R may rely nical data" , but such ocuments. in the ch reliance ay not rely OWNER, ultants with ch reports purposes, pects of the ences and mployed by utions and s, opinions reports or ; or pretation of hnical data" ns, opinions C. CONTRACTOR shall not be re-ponsible for any Hazardous Environmental Condition ncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or iden 'fled in the Contract Documents to be within the s ope of the Work. CONTRACTOR shall be respo sible for a Hazardous Environmental Condition crea ed with any materials brought to the Site by CO TRACTOR, Subcontractors, Suppliers, or anyone el -e for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters - Hazardous Environmental Condition or if CONT" CTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) sto• all Work in connection with such condition and n any area affected thereby (except in an emergen as required 00700 - General Conditi• s REV 5-10-13.doc 00700 - 13 F:\Public Works1ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling90th St to 94th StAdmin\bid documentsWlaster Contract Documents\00700 - General nditions REV 5-10- 13.doc by paragraph 6.16); and (iii) notify OWNER and ENGI- NEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER conceming the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special condi- tions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the co sequences of that individual's or entity's own negligenc H. To the fullest extent permitted b Laws and Regulations, CONTRACTOR shall indemn fy and hold harmless OWNER, ENGINEER, E Consultants, and the officers, director employees, agents, other consult subcontractors of each and any of the against all claims, costs, losses, an (including but not limited to all fees and engineers, architects, attorneys, professionals and all court or arbitrati dispute resolution costs) arising out of or Hazardous Environmental Condition CONTRACTOR or by anyone CONTRACTOR is responsible. Noth paragraph 4.06.F shall obligate CONT indemnify any individual or entity from and consequences of that individual's or entity' gence. I. The provisions of paragraphs 4.0 4.04 are not intended to apply to a Environmental Condition uncovered or rev Site. ARTICLE 5 - BONDS AND INSURANCE GINEER's , partners, nts, and from and damages charges of nd other n or other elating to a reated by r whom ng in this CTOR to against the own negli- , 4.03, and Hazardous aled at the 5.01 Performance, Payment, and Oth r Bonds A. CONTRACTOR shall furnish ' crfomiancc and payment Bonds, each in an amount a least equal to the Contract Price as security for the faithful perfor B. All Bonds shall be in the form p the Contract Documents except as provid by Laws or Regulations, and shall be such sureties as are named in the current panies Holding Certificates of Authority a Sureties on Federal Bonds and as Reinsuring Companies" as published in (amended) by the Financial Managem Surety Bond Branch, U.S. Departm Treasury. All Bonds signed by an ag accompanied by a certified copy of authority to act. 00700 - General Conditi 00700 -14 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th SPAdmin\bid documents\Master Contract Documents\00700 - General C 13.doc escribed by d otherwise xecuted by list of "Com - Acceptable Acceptable ircular 570 nt Service, nt of the nt must be uch agent's ns REV 5-10-13.doc mditions REV 5-10- C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- TRACTOR is required to purchase and maintain. ncntar-Conditions, certificates of insurance (and 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be per- formed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages bodily injury, occupational sickness or death of CONTRACTOR's emplo 3. claims for damages bodily injury, sickness or disease, any person other than CON employees; 4. claims for damages I reasonably available personal inj coverage which are sustained: (i) by as a result of an offense directly related to the employment of such CONTRACTOR, or (ii) by any othe any other reason; 5. claims for damages, other Work itself, because of injury to or of tangible property wherever locate loss of use resulting therefrom; and 6. claims for damages b bodily injury or death of any person damage arising out of the owners nance or use of any motor vehicle. B. The policies of insurance so requ paragraph 5.04 to be purchased and main 1. with respect to insurance paragraphs 5.04.A.3 through 5.04.A include as additional insureds (su customary exclusion in respect of liability) OWNER, ENGINEER, E Consultants, and any other ind entities identified in the Supplemen tions, all of whom shall be listed a insureds, and include coverage for tive officers, directors, partners, agents, and other consul subcontractors of each and any additional insureds, and the insuran to these additional insureds sh primary coverage for all claim thereby; b • 2. include at least th coverages and be written for not le limits of liability provided in the Sup Conditions or required by Laws or whichever is greater, 3. include completed insurance; 4. include contractual liabili covering CONTRACTOR's 00700 - General Conditions 00700 - 15 F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th St\Admin\bid documents\ Master Contract Documents \00700 - General Con 13.doc ecause of or disease, ees; cause of r death of RACTOR's sured by ry liability any person r indirectly person by person for than to the destruction including cause of or property ip, mainte- red by this ned shall: equired by inclusive, ect to any rofessional GINEER's iduals or ry Condi- additional e respec- mployees, nts and f all such afforded II provide covered specific s than the lementary gulations, operations insurance indemnity REV 510-13.doc itions REV 5-10- obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance fumished by the CON- TRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall fumish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance under pa 5.04, option purchase and s e e OWNER's own liability rotect OWNER against claims provided by CONTRACTOR OWNER, at OWNER's maintain at OWNER' insurance as • • _ • _ • 5.06 Property Insurance • - Supple- mentary Conditions, OWNER shall purchase and 1. _a. - '' - -- - ENGINEER's Consultants, and any other Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontract rs of each and any of them, each of whom is deemed to 2. be written on a Builder's Risk "all risk" or open peril or special causes of lose policy form that shall at least include insurance for physical loss or damage to the Work, tempo least thc following perils or causes of Ions: fire, and malicious mischief, earthquake, collapse, forcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by thc 3. include expenses incurred—in—the repair or replacement of any insured property an Application for Payment recommended by ENGINEER; by OvrvWNERRC;; 6. include testing and startu 7. be maintained in effect u ment is made unless otherwise writing by OWNER, CONTRA ; and til final pay greed to in TOR, and insurance has been issued. B. OWNER shall purchase and m insurance as may be required by the Su intain such plementary TRACTOR, the interests of OWNER, CO listed as an insured or additional insured. 00700 - 16 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents\00700 - General C nditions REV 5-10- 13.doc 00700 - General Conditi• s REV 5-10-13.doc C. AH the policies of insurance (and the ccrtifi 5.06 will contain a provision or endorsement that the written notice has been given to OWNER and CON TRACTOR and to each other additional insured to whom a certificate of insurance has been issued and 7. D. OWNER shall not be responsible for purchas- ing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be bome by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that and the cost thereof will be charged to CONTRAC- TOR ONTRA TOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all will protect OWNER, - - - ' CONTRACTOR, or additional insureds (and the officers, directors, partners, employees, agents, and other consultant losses and damages caused by the perils or causes of provisions to the effect that in the event of payment of insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and thei r ach and any of them for all lo: ccs and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable o the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, : NGINEER'c Consultants, and aN other individuals or entities as insureds or additional insureds (and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of caused. None of the above waivers sh :II extend to to the proceeds of insurance held by •WNER a� trustee or otherwise payable under a y policy so issued. B. OWNER waives all righ s against CONTRACTOR, Subcontractors, NGINEER, ENGINEER's Consultants, and the office s, directors, partners, employees, agents, and other consultants 1. losc due to business inte ruption, of use, or other consequential lo .s extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of, or resulting from fire r other peril 2. loss or damage to the co plctcd Pro ject or part thereof caused by, aris ng out of, or resulting from fire or other insured peril or cause of loss covered by a y property insurance maintained on the corn, eted Project or part thereof by OWNER d ring partial utilization pursuant to paragraph 14.05, after 14.01, or after final payment paragraph 11.07. pursuant to C. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in paragraph 5.07.6 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential los,., the insurers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds An v insured loss under the policies of with OWNER and made payable to fiduciary for the insureds, as their interests may OWNER as 00700 - General Conditi 00700 - 17 F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents\D0700 - General C 13.doc s REV 5-10-13.doc ndltions REV 5-10- shall deposit in a .eparate account any money Go Work shall be repaired or replaced, the moneys so • B. OWNER as fiduciary shall have power to adjust and settle any los. with thc insurers unless one days after the occurrence of Io's to OWNER's OWNER as fiduciary shall make settlement with the parties in interest may reach. If no such agreement among thc parties in interest is reached, OWNER aG Interest, OWNER as fiduciary shall give bond for the 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any sions of the Bonds or insurance required to be receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other prejudice to any other right or remedy, the other party may elect to obtain equivalent Bends or insurance to protect such other party's inteFests at the expense of and a Change Order shall be i cucd to adjust the 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial 00700 - 18 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Adminlbid documents\Master Contract Documents\00700 - General Co ditions REV 5-10- 13.doc Completion of all the Work as provided i 14.05, no such use or occupancy shall before the insurers providing the prope pursuant to paragraph 5.06 have acknowl thereof and in writing effected any chang age necessitated thereby. The insurers property insurance shall consent by end the policy or policies, but the property ins not be canceled or permitted to lapse o any such partial use or occupancy. paragraph commence insurance dged notice s in cover- roviding the rsement on rance shall account of ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendenc A. CONTRACTOR shall supervise, i direct the Work competently and efficien such attention thereto and applying suc expertise as may be necessary to perform accordance with the Contract Docume TRACTOR shall be solely responsible for methods, techniques, sequences, and pr construction, but CONTRACTOR sh responsible for the negligence of ENGINEER in the design or specification means, method, technique, sequence, or construction which is shown or indica expressly required by the Contract Docum TRACTOR shall be responsible to s completed Work complies accurately with Documents. B. At all times during the progress CONTRACTOR shall assign a compet superintendent thereto who shall not without written notice to OWNER and except under extraordinary circumstan superintendent will be CON representative at the Site and shall have act on behalf of CONTRACTOR. All com given to or received from the superintend binding on CONTRACTOR. 6.02 Labor, Working Hours A. CONTRACTOR shall provide suitably qualified personnel to survey, I construct the Work as required by the Co ments. CONTRACTOR shall at all tim good discipline and order at the Site. B. Except as otherwise required for t protection of persons or the Work or pro Site or adjacent thereto, and except a stated in the Contract Documents, all Wo shall be performed during regular working spect, and ly, devoting skills and the Work in ts. CON - the means, cedures of 11 not be WNER or f a specific rocedure of ed in and nts. CON - e that the he Contract f the Work, nt resident e replaced NGINEER es. The RACTOR's authority to unications nt shall be competent, y out, and tract Docu- s maintain e safety or erty at the otherwise at the Site hours, and 00700 - General Condition- REV 5-10-13.doc CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifica- tions shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall fumish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- cated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additional- ly will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendm: nt in accor- dance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or specified or described in the Contract D• using the name of a proprietary item or the particular Supplier, the specification or d intended to establish the type, function, and quality required. Unless the spe description contains or is followed by w. that no like, equivalent, or "or -equal" substitution is permitted, other items of equipment or material or equipment of oth may be submitted to ENGINEER for revie circumstances described below. quipment is uments by nameofa scription is ppearance, ification or rds reading tem or no material or -r Suppliers under the 1. "Or -Equal" Items: If in :NGINEER's sole discretion an item of material .r equipment proposed by CONTRACTOR is functionally equal to that named and sufficienty similar so that no change in related Work will be required, it may be considered by ENGIN ER as an "or -equal" item, in which case review and approval of the proposed ite may, in ENGINEER's sole discretion, be a omplished without compliance with some o all of the requirements for approval of prop sed substi- tute items. For the purposes of thi paragraph 6.05.A.1, a proposed item of material or equipment will be considered funct onally equal to an item so named it a. in the exercise of reasonable judgment ENGINEER determin s that (i) it is at least equal in quali , durability, appearance, strength, a d design characteristics; (ii) it will reliabl perform at least equally well the function imposed by the design concept of the comp eted Project as a functioning whole, and; b. CONTRACTOR certifi there is no increase in cost to and (ii) it will conform subst with deviations, to the detailed of the item named in t Documents. 2. Substitute Items a. If in ENGINEER's sole item of material or equipment CONTRACTOR does not q "or -equal" item under paragrap will be considered a propos item. s that (i) e OWNER; ntially, even equirements e Contract iscretion an proposed by alify as an 6.05.A.1, it d substitute 11 00700 - General Conditi• 00700 -19 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314107th Ave Milling90th St to 94th St\Admin\bid documents Master Contract Documents100700 - General C 13.doc ns REV 510-13.doc nditions REV 5-10- b. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to fumish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the pro- posed substitute item will prejudice CONTRACTOR's achievement of Substan- tial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substi- tute item in connection with the Work is sub- ject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to fumish additional data about the proposed substitute item. B. Substitute Construction Method dares: If a specific means, method, to quence, or procedure of construction i indicated in and expressly required by Documents, CONTRACTOR may furnis substitute means, method, technique, s procedure of construction approved by CONTRACTOR shall submit sufficient i allow ENGINEER, in ENGINEER's sole determine that the substitute proposed is that expressly called for by the Contract The procedure for review by ENGINEER to that provided in subparagraph 6.05.A.2. or Proce- hnique, se - shown or he Contract or utilize a -quence, or ENGINEER. formation to iscretion, to -quivalent to Documents. ill be similar 0 C. Engineer's Evaluation: ENGIN allowed a reasonable time within which each proposal or submittal made pursu graphs 6.05.A and 6.05.B. ENGINEE sole judge of acceptability. No "or -equal" will be ordered, installed or utilized until review is complete, which will be evidenc Change Order for a substitute or an ap Drawing for an "or equal." ENGINEE CONTRACTOR in writing of an determination. D. Special Guarantee: OWNER CONTRACTOR to fumish at CONT pense a special performance guarant surety with respect to any substitute. ER will be to evaluate nt to para - will be the or substitute NGINEER's d by either a roved Shop will advise negative ay require TOR's ex - e or other E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluati g substitute proposed or submitted by CONTRACTO pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract ith OWNER for work on the Project) occasioned there •y. Whether or not ENGINEER approves a substitute item so pro- posed or submitted by CONTRAC OR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Co sultants for evaluating each such proposed substitute F. CONTRACTOR's Expense: CO shall provide all data in support of a substitute or "or -equal" at CONTRACTO TRACTOR y proposed s expense. 6.06 Conceming Subcontractors Suppliers, and Others A. CONTRACTOR shall not :mploy any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER aS indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be 00700 - General Condit' ns REV 510-13.doc 00700 - 20 F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents100700 - General C nditions REV 5-10- 13.doc required to employ any Subcontractor, Supplier, or other individual or entity to fumish or perform any of the Work against whom CONTRACTOR has reason- able objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcon- tractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontrac- tors, Suppliers, and such other individuals or entities performing or fumishing any of the Work to commu- nicate with ENGINEER through CONTRACTOR. F. The divisions and sections of th- Specifica- tions and the identifications of any Drawi gs shall not control CONTRACTOR in dividing the ork among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONT Subcontractor or Supplier will be pur- appropriate agreement between CONT the Subcontractor or Supplier which spec the Subcontractor or Supplier to the appl and conditions of the Contract Docum benefit of OWNER and ENGINEER. W such agreement is with a Subcontractor who is listed as an additional insured on insurance provided in paragraph 5.06, th between the CONTRACTOR and the S or Supplier will contain provisions Subcontractor or Supplier waives all ri OWNER, CONTRACTOR, ENGINEER, Consultants, and all other individuals identified in the Supplementary Condition as insureds or additional insureds (and directors, partners, employees, agents, consultants and subcontractors of each them) for all losses and damages cause out of, relating to, or resulting from any of causes of loss covered by such policies a property insurance applicable to the insurers on any such policies require se forms to be signed by any Subcontracto CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties • • A. CONTRACTOR shall pay all lice royalties and assume all costs incident t the performance of the Work or the in the Work of any invention, design, proc or device which is the subject of pat: copyrights held by others. If a particul design, process, product, or device is sp Contract Documents for use in the perfo Work and if to the actual knowledge of ENGINEER its use is subject to pat= copyrights calling for the payment of any I royalty to others, the existence of such ri disclosed by OWNER in the Contract Do the fullest extent permitted by Laws and CONTRACTOR shall indemnify and h• OWNER, ENGINEER, ENGINEER's Con the officers, directors, partners, employe: and other consultants of each and any and against all claims, costs, losses, a (including but not limited to all fees anc engineers, architects, attorneys, professionals and all court or arbitrati dispute resolution costs) arising out of any infringement of patent rights or copyri 00700 - General Conditic 00700 - 21 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents \00700 - General Conditions REV 5-10- 13.doc CTOR by a uant to an CTOR and fically binds cable terms nts for the enever any or Supplier he property agreement bcontractor hereby the hts against NGINEER's or entities to be listed the officers, and other and any of • by, arising the perils or d any other ork. If the rate waiver or Supplier, se fees and the use in •rporation in ss, product, nt rights or r invention, cified in the ance of the OWNER or nt rights or cense fee or • hts shall be uments. To Regulations, Id harmless ultants, and s or agents, 1f them from d damages i charges of and other on or other r relating to ghts incident ns REV 5-10.13.doc to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all govemmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations. B. If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sal er, use, and other similar taxes r paid by CONTRACTOR in acc the Laws and Regulations of the Project which are applicable performance of the Work. B. OWNER qualifies for state and I exemption in the purchase of all equipment. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Oth s, consum- quired to be rdance with place of the during the cal sales tax material and r Areas 1. CONTRACTOR sha I confine construction equipment, the materials and equipment, and the workers to the Site and other ar by Laws and Regulations, an unreasonably encumber the Sit areas with construction equipm materials or equipment. CONT assume full responsibility for an any such land or area, or to occupant thereof, or of any adja areas resulting from the perfo Work. 2. Should any claim be such owner or occupant be performance of the Work, CONT promptly settle with such oth negotiation or otherwise resolve arbitration or other dispute proceeding or at law. 3. To the fullest extent Laws and Regulations, CONT indemnify and hold harmles ENGINEER, ENGINEER's Consul officers, directors, partners, emplo and other consultants of each an• from and against all claims, costs damages (including but not limit and charges of engineers, archite and other professionals and arbitration or other dispute res arising out of or relating to any cl- legal or equitable, brought by an or occupant against OWNER, E any other party indemnified here extent caused by or b CONTRACTOR's performance of storage of • perations of s permitted • shall not and other nt or other CTOR shall damage to e owner or ent land or ance of the ade by any use of the CTOR shall r party by he claim by resolution •ermitted by CTOR shall OWNER, ant, and the ees, agents, any of them losses, and d to all fees ts, attomeys, II court or lution costs) im or action, such owner GINEER, or nder to the sed upon e Work. 00700 - General Conditi ns REV 510-13.doc 00700 - 22 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314107th Ave Milling90th St to 94th St Admin\bid documents\Nlaster Contract Documents\00700 - General • onditions REV 5-10- 13.doc B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- TOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materi- als, rubbish, and other debris shall conform to applica- ble Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGI- NEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, Underground Facilities not de removal, relocation, or replace course of construction. utilities, and ignated for ent in the B. CONTRACTOR shall comply wit all applica- ble Laws and Regulations relating to t e safety of persons or property, or to the protection •f persons or property from damage, injury, or loss; an• shall erect and maintain all necessary safeguards fo such safety and protection. CONTRACTOR shall not fy owners of adjacent property and of Underground other utility owners when prosecution of t affect them, and shall cooperate with protection, removal, relocation, and re • their property. All damage, injury, or property referred to in paragraph 6.13.A. caused, directly or indirectly, in whole o CONTRACTOR, any Subcontractor, Su other individual or entity directly or indirec by any of them to perform any of the Wo for whose acts any of them may be lia remedied by CONTRACTOR (except da attributable to the fault of Drawings or or to the acts or omissions of OWNER o or ENGINEER's Consultant, or anyone any of them, or anyone for whose acts may be liable, and not attributable, indirectly, in whole or in part, to the fault • of CONTRACTOR or any Subcontractor, other individual or entity directly or indire by any of them). CONTRACTOR's responsibilities for safety and for prot- Work shall continue until such time as al completed and ENGINEER has issued OWNER and CONTRACTOR in acc• paragraph 14.07.B that the Work is (except as otherwise expressly provided i with Substantial Completion). 6.14 Safety Representative • A. CONTRACTOR shall designat and experienced safety representative whose duties and responsibilities s prevention of accidents and the mai supervising of safety precautions and pro acilities and e Work may hem in the lacement of loss to any or 6.13.A3 in part, by plier, or any y employed , or anyone • le, shall be age or loss pecifications ENGINEER mployed by any of them directly or r negligence Supplier, or y employed duties and ction of the the Work is a notice to rdance with acceptable connection a qualified at the Site all be the taining and rams. 6.15 Hazard Communication Progra s A. CONTRACTOR shall be res coordinating any exchange of material sheets or other hazard communicatio required to be made available to or ex tween or among employers at the Site i with Laws or Regulations. onsible for safety data information hanged be - accordance 00700 - General Conditi•ns REV 5-10-13.doc 00700 - 23 F:\Public Works\ENGINEERING DIVISION PROJECTS 11314 -107th Ave Milling_90th St to 94th StWdmin\bid documents\Master Contract Documents100700 - General C 13.doc nditions REV 5-10- 6.16 Emergencies A In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required be- cause of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- mance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- NEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements quantities, dimensions, specified perform-nce criteria, installation requirements, mate als, catalog numbers, and similar info ation with respect thereto; b. all materials with respec to intended use, fabrication, shipping, handl ng, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequ=nces, and procedures of construction and safety precautions and programs inci.ent thereto; and d. CONTRACTOR shall also have reviewed and coordinated ach Shop Drawing or Sample with ether Shop Drawings and Samples an with the requirements of the Work and he Contract Documents. 2. Each submittal shall bea a stamp or specific written indication that CO TRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents wi respect to CONTRACTOR's review and app oval of that submittal. 3. At the time of each sub ittal, CON- TRACTOR shall give ENGINE R specific written notice of such variations, if : ny, that the Shop Drawing or Sample submitte• may have from the requirements of th Contract Documents, such notice to be in a ritten com- munication separate from the sub ittal; and, in addition, shall cause a specific n.tation to be made on each Shop Drawing and '.ample sub- mitted to ENGINEER for review an• approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and .amples in accordance with the schedule of Shop Drawings and Sample submittals a ceptable to ENGINEER. ENGINEER's r -view and approval will be only to determine if the items covered by the submittals will, afte installation or incorporation in the Work, con orm to the information given in the Contract Documents and be compatible with the desig concept of the completed Project as a function ng whole as indicated by the Contract Documen 00700 - General Conditio s REV 5-10-13.doc 00700 - 24 F:1Public WorkskENGINEERING DIVISION PROJECTS11314-107th Ave Milling 90th St to 94th StlAdmintbid documentsWlaster Contract Documents100700 - General C• ditions REV 5-10- 13.doc 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGI- NEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CON- TRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make correc- tions required by ENGINEER and shall retum the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarante hereunder excludes defects or damage caused by: 1. abuse, modification, o maintenance or operation by pe than CONTRACTOR, Su Suppliers, or any other individual whom CONTRACTOR is responsib • improper sons other contractors, .r entity for e; or 2. normal wear and tear u der normal usage. B. CONTRACTOR's obligation to • complete the Work in accordance with t Documents shall be absolute. None of t will constitute an acceptance of Work accordance with the Contract Documents of CONTRACTOR's obligation to perform accordance with the Contract Documents: 1. observations by ENGINE erform and e Contract e following at is not in • r a release the Work in R; 2. recommendation by EN INEER or payment by OWNER of any prog ess or final payment 3. the issuance of a certifi • ate of Sub- stantial Completion by ENGINE R or any payment related thereto by OWNE , 4. use or occupancy of the ork or any part thereof by OWNER; 5. any acceptance by OW ER or any failure to do so; 6. any review and approve Drawing or Sample submittal or th a notice of acceptability by ENGIN of a Shop issuance of ER; 7. any inspection, test, or approval by others; or 8. any correction of defecti e Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted • Regulations, CONTRACTOR shall indem harmless OWNER, ENGINEER, Consultants, and the officers, directo employees, agents, and other cons subcontractors of each and any of the against all claims, costs, losses, an (including but not limited to all fees an engineers, architects, attorneys, professionals and all court or arbitrati dispute resolution costs) arising out of 00700 - General Conditi 00700 - 25 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling 90th St to 94th St\Adminlbid documents\Master Contract Documents\00700 - General C.nditions REV 5-10- 13.doc • • y Laws and ify and hold NGINEER's , partners, (tants and from and • • damages charges of nd other n or other r relating to REV 5-10-13.doc the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the Toss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen- sation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CON- TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other wor the Project at the Site by OWNER's empl other direct contracts therefor, or have performed by utility owners. If such other noted in the Contract Documents, then: related to yees, or let other work work is not 1. written notice thereof will be given to CONTRACTOR prior to starting an such other work; and 2. if OWNER and CONT unable to agree on entitlement t amount or extent, if any, of any a the Contract Price or Contract should be allowed as a result of work, a Claim may be made provided in paragraph 10.05. CTOR are or on the justment in Times that such other herefor as B. CONTRACTOR shall afford ach other contractor who is a party to such a direct ontract and each utility owner (and OWNER, if OW ER is per- forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execu ion of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in t Documents, CONTRACTOR shall do fitting, and patching of the Work that may to properly connect or otherwise make parts come together and properly integra other work. CONTRACTOR shall not e work of others by cutting, excavating, altering their work and will only cut or alt with the written consent of ENGINEER an whose work will be affected. The responsibilities of CONTRACTOR paragraph are for the benefit of such utility other contractors to the extent that comparable provisions for the CONTRACTOR in said direct contra OWNER and such utility owners contractors. C. If the proper execution or results CONTRACTOR's Work depends upon formed by others under this Article 7, CO shall inspect such other work and prom ENGINEER in writing any delays, defects cies in such other work that render it u unsuitable for the proper execution an CONTRACTOR's Work. CONTRACTO so report will constitute an acceptance o work as fit and proper for inte 00700 - General Conditio 00700 - 26 F:\Public Works ENGINEERING DIVISION PROJECTS11314-107th Ave Milling90th St to 94th St\Adminlbid documents\Master Contract Documents100700 - General C. ditions REV 5-10- 13.doc e Contract all cutting, be required its several e with such danger any r otherwise r their work the others duties and nder this owners and there are enefit of s between and other f any part of work per - TRACTOR tly report to or deficien- available or results of 's failure to such other ration with REV 5-10-13.doc CONTRACTOR's Work except for latent defects and 8.05 Lands and Easements; Reports :nd Tests deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly fumish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRAC- TOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. A. OWNER's duties in respect of pr and easements and providing engineerin establish reference points are set forth i 4.01 and 4.05. Paragraph 4.02 refers t identifying and making available to CO copies of reports of explorations a subsurface conditions and drawings conditions in or relating to existing subsurface structures at or contiguous to have been utilized by ENGINEER in p Contract Documents. viding lands s surveys to paragraphs • OWNER's TRACTOR d tests of of physical surface or the Site that eparing the 8 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and pr.perty insur- ance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to exec to Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approval A. OWNER's responsibility in respe t to certain inspections, tests, and approvals is -et forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Respo sibilities A. The OWNER shall not supervis , direct, or have control or authority over, nor be res .onsible for, CONTRACTOR's means, methods, tec niques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply wit Laws and Regulations applicable to the perform nce of the Work. OWNER will not be resp•nsible for CONTRACTOR's failure to perform e Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environ ental Condition A. OWNER's responsibility in res undisclosed Hazardous Environmental set forth in paragraph 4.06. ect to an ondition is 8.11 Evidence of Financial Arrangeme is A. If and to the extent OWNER ha furnish CONTRACTOR reasonable evi financial arrangements have been mad OWNER's obligations under the Contract agreed to ence that to satisfy ocuments, 00700 - General Condition REV 5-10-13.doc 00700 - 27 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th ShAdmin\bid documents\Master Contract Documents\00700 - General Co ditions REV 5-10- 13.doc OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construc- tion as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Con- tract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project Re to assist ENGINEER in providing mor observation of the Work. The respon authority and limitations thereon of any su Project Representative and assistants provided in paragraph 9.10 and in the Su Conditions. If OWNER designates anoth tative or agent to represent OWNER at the not ENGINEER's Consultant, agent or e responsibilities and authority and limitation such other individual or entity will be as pry Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with promptness such written clarifications o tions of the requirements of the Contract as ENGINEER may determine necessary, be consistent with the intent of and inferable from the Contract Documents. clarifications and interpretations will be OWNER and CONTRACTOR. If OWNE TRACTOR are unable to agree on entitle the amount or extent, if any, of any adjus Contract Price or Contract Times, or both be allowed as a result of a written cl. interpretation, a Claim may be made provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor the Work from the requirements of t Documents which do not involve an adju- Contract Price or the Contract Times and ble with the design concept of the compl as a functioning whole as indicated by Documents. These may be accomplishe Order and will be binding on OWNER CONTRACTOR, who shall perform the promptly. If OWNER and CONTRACTO to agree on entitlement to or on the amo if any, of any adjustment in the Cont Contract Times, or both, as a result of a a Claim may be made therefor as paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority t• or reject Work which ENGINEER beli defective, or that ENGINEER believes will a completed Project that conforms to Documents or that will prejudice the int design concept of the completed P functioning whole as indicated by 00700 - General Conditio 00700 - 28 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents100700 - General C 13.doc resentative extensive ibilities and h Resident will be as plementary r represen- Site who is ployee, the thereon of vided in the reasonable interpreta- Documents which shall reasonably uch written binding on and CON- ent to or on ment in the that should rification or therefor as ariations in e Contract ent in the :re compati- ted Project he Contract by a Field nd also on ork involved are unable nt or extent, :ct Price or Field Order, provided in disapprove ves to be not produce he Contract grity of the oject as a e Contract s REV 5-10-13.doc nditions REV 5-10- Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders; see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality Jo OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by CONTRACTOR of such rights or remedi may otherwise have under the Contract D by Laws or Regulations in respect of any dispute, or other matter. • WNER or -s as either •cuments or such Claim, 9.10 Limitations on ENGINEER's Aut ority and Responsibilities A. Neither ENGINEER's authority sibility under this Article 9 or under any o of the Contract Documents nor any decis ENGINEER in good faith either to exe exercise such authority or responsib undertaking, exercise, or performance of or responsibility by ENGINEER shall cre or give rise to any duty in contract, tort, owed by ENGINEER to CONTRACTOR, tractor, any Supplier, any other individual to any surety for or employee or agent of a B. ENGINEER will not supervise, di or have authority over or be res CONTRACTOR's means, methods, tec quences, or procedures of construction, precautions and programs incident theret failure of CONTRACTOR to comply wi Regulations applicable to the perform Work. ENGINEER will not be res CONTRACTOR's failure to perform t accordance with the Contract Documents. or respon- er provision on made by cise or not lity or the ny authority te, impose, r otherwise ny Subcon- or entity, or y of them. ect, control, •nsible for niques, se- r the safety or for any Laws and nce of the onsible for e Work in ID 111 C. ENGINEER will not be respon acts or omissions of CONTRACTOR Subcontractor, any Supplier, or of any oth or entity performing any of the Work. D. ENGINEER's review of the final for Payment and accompanying documen maintenance and operating instructions, guarantees, Bonds, certificates of insp: and approvals, and other documentation be delivered by paragraph 14.07.A will determine generally that their content c• the requirements of, and in the case of c inspections, tests, and approvals that certified indicate compliance with, th Documents. E. The limitations upon authority and ity set forth in this paragraph 9.10 shall ENGINEER's Consultants, Resident Pr• sentative, and assistants. ible for the or of any -r individual Application tion and all schedules, tion, tests required to only be to mplies with rtificates of the results Contract responsibil- Iso apply to ect Repre- 00700 - General Conditio s REV 5-10-13.doc 00700 - 29 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314107th Ave Milling_90th St to 94Th StAdmin \bid documents\Master Contract Documents\00700 - General Co 13.doc ditions REV 5-10- ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Chang Order, an appeal may be taken from any suc decision in accordance with the provisions of t e Contract Documents and applicable Laws -nd Regula- tions, but during any suc appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting scope of the Work or the provisions of t Documents (including, but not limited t Price or Contract Times) is required by th of any Bond to be given to a surety, the gi such notice will be CONTRACTOR's re The amount of each applicable Bond will to reflect the effect of any such change. he general e Contract , Contract provisions ing of any ponsibility. e adjusted 10.05 Claims and Disputes A. Notice: Written notice stating e general nature of each Claim, dispute, or other ma er shall be delivered by the claimant to ENGINEER an• the other party to the Contract promptly (but in no vent later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting da - shall be delivered to the ENGINEER and the other ••arty to the Contract within 60 days after the start of . uch event (unless ENGINEER allows additional time fair claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). Claim for an adjustment in Contract Price shall be repared in accordance with the provisions of paragra h 12.01.B. A Claim for an adjustment in Contract Ti e shall be prepared in accordance with the pro isions of paragraph 12.02.B. Each Claim shall se accom- panied by claimant's written statement that e adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of aid event. The opposing party shall submit any reponse to ENGINEER and the claimant within 30 'ays after receipt of the claimant's last submitt I (unless ENGINEER allows additional time). • • B. ENGINEER's Decision: ENGI render a formal decision in writing within 30 receipt of the last submittal of the claimant submittal of the opposing party, if any. EN written decision on such Claim, dispute, matter will be final and binding upon 0 CONTRACTOR unless: EER will days after • r the last INEER's or other NER and 1. an appeal from EN INEER's decision is taken within the time limas and in 00700 - General Conditions 5-10-13.doc 00700 - 30 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th ShAdmin\bid documents\Master Contract DocumeMs\00700 - General Condit ons REV 5-10- 13.doc 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. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in para- graph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in thc perfor 00700 - 31 F'Public Worlcs\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling90th St to 94th St\Admin\bid d 13.doc mance of the Work under eche. ules of classifications agreed upon by 0 job NER CONTRACTOR. Such employees and hall include foremen, time the without limitation superintendent-, full and other personnel employed Site. Payroll costs for employees n at et employed on the Work. full time on the -Work shall be ap.ortioned the basis of their time spent on and wages thc t fringe salaries plus co benefits, which shall include so. of ial security cise, contributions, unemployment, e taxes, workers' compens-tion, and health sick leave, payroll retirement benefits, bonuses, and The expenses of Wor outside performing of the extent authorized by OWNER. equipment ork, includ- thereof, equired in ounts shall OWNER with which the cash All trade :nd retums equipment TRACTOR ey may be TRACTOR by NER, CON- bids from NER and .uch bids to e, with the any, will be des that the of Cost determined Cosi n this para- consultants engineers, surveyors, ployed for ork. luding the s REV 5-10-13.doc nditions REV 5-10- 2. Cost of all materials an. fumished and incorporated in the ing costs of transportation and storage and Suppliers' field services connection therewith. All cash dis accrue to CONTRACTOR unle-s deposits funds with CONTRACTO" to make payments, in which ca -e discounts shall accrue to OWNE". discounts, rebates and refunds from sale of surplus materials an. shall accrue to OWNER, and CO shall make provisions so that t obtained. 3. Payments made by CO to Subcontractors for Work performed Subcontractors. If required by 0 TRACTOR shall obtain competitiv- subcontractors acceptable to 0 CONTRACTOR and shall deliver OWNER, who will then determi advice of ENGINEER, which bids, i acceptable. If any subcontract pro Subcontractor is to be paid on the Basis of the Work plus a fee, the Su'contractor's Cost of the Work and fee shall b:. in the same manner as CONTRA•TOR's of the Work and fee as provided graph 11.01. 4. Costs of special (including but not limited to architects, testing laboratories, attomeys, and accountants) e services specifically related to the 5. Supplemental costs in following: 00700 - General Conditio ,cuments\Master Contract Documents\00700 - General C a. The proportion of necessary trans- portation, travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not con- sumed which remain the property of CON- TRACTOR. c. Rentals of all construction equip- ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e . Deposits lost for causes other than negligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sus- tained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such a . telegrams, long distance telephone calls, telep one service at the Site, expressage, and simil_r petty cash items in connection with the Work. i. When the Cost of the W determine the value of a Change Claim, the cost of premiums f Bonds and insurance required be changes in the Work or caused giving rise to the Claim. j. When all the Work is perfo basis of cost-plus, the costs of pre Bonds and insurance CONT required by the Contract Do purchase and maintain. B. Costs Excluded: The term Cost shall not include any of the following items: 1. Payroll costs and other c of CONTRACTOR's officers, execu pals (of partnerships and sole pro general managers, engineers, estimators, attorneys, auditors, purchasing and contracting agents, timekeepers, clerks, and other employed by CONTRACTOR, wh Site or in CONTRACTOR's princip office for general administration o and not specifically included in the schedule of job classifications re paragraph 11.01.A1 or specifically paragraph 11.01.A.4, all of which considered administrative costs co CONTRACTOR's fee. rk is used to rder or of a r additional use of the y the event ed on the Tums for all CTOR is uments to f the Work mpensation Ives, princi- ietorships), architects, ccountants, expediters, personnel ther at the I or branch the Work greed upon rred to in covered by are to be red by the 2. Expenses of CONTRACT S R's princi- pal and branch offices o er than CONTRACTOR's office at the Site. 3. Any part of CONTRACT expenses, including inter CONTRACTOR's capital employ Work and charges against CONTR delinquent payments. 4. Costs due to the negligen TRACTOR, any Subcontractor, directly or indirectly employed by an for whose acts any of them ma including but not limited to, the defective Work, disposal of m R's capital st on d for the CTOR for e of CON - r anyone of them or be liable, rrection of terials or 00700 - General Condition- REV 5-10-13.doc 00700 - 32 F:1Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling90th St to 94th StWdminlbid documents\Master Contract Documents100700 - General Con 13.doc itions REV 5-10- equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Con- tract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents all or part of the Work is to be Unit Price the Contract Price will be deemed to i Unit Price Work an amount equal to the unit price for each separately identified Price Work times the estimated quantity as indicated in the Agreement. Th quantities of items of Unit Price Work ar teed and are solely for the purpose of c Bids and determining an initial Contract minations of the actual quantities and cla- Unit Price Work performed by CONTRA made by ENGINEER subject to the paragraph 9.08. provide that ork, initially clude for all sum of the item of Unit f each item estimated not guaran- mparison of rice. Deter- sifications of TOR will be rovisions of • 41 1 • B. Each unit price will be deemed t amount considered by CONTRACTOR quate to cover CONTRACTOR's overhe. for each separately identified item. include an to be ade- d and profit C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract P ice in accor- dance with paragraph 10.05 it 1. the quantity of any item Work performed by CONTRAC materially and significantly from t quantity of such item indicat Agreement and f Unit Price OR differs e estimated -d in the 2. there is no correspondin • adjustment with respect any other item of Work, and 3. if CONTRACTOR be ieves that CONTRACTOR is entitled to an increase in Contract Price as a result of hav ng incurred additional expense or OWNER •-lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be c anged by a Change Order or by a Written Amend ent. Any Claim for an adjustment in the Contract P .ce shall be based on written notice submitted by the •_rty making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisio s of para- graph 10.05. B. The value of any Work covered b a Change Order or of any Claim for an adjus ent in the Contract Price will be determined as follow.. 00700 - General Condition- REV 5-10-13.doc 00700 - 33 F:1Public WorksIENGINEERING DIVISION PROJECTSI1314-107th Ave Milling90th St to 94th St Admin\bid documentsWMaster Contract Documents100700 - General Co ditions REV 510- 13.doc 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not cov- ered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.6.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under para- graphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcon- tractor, d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A5, and 11.01.6; 00700-34 F:1Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St'Admin\bid documents\Master Contract Documents\00700 - General Con•itions REV 5-10- 13.doc e. the amount of credit t by CONTRACTOR to OWN change which results in a net cost will be the amount of th decrease in cost plus a CONTRACTOR's fee by an a to five percent of such net decr f. when both additions an involved in any one change, th in CONTRACTOR's fee shall on the basis of the net accordance with paragraphs through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times be allowed R for any decrease in actual net eduction in ount equal ase; and credits are adjustment e computed change in 12.01.C.2.a A. The Contract Times (or Mileston: s) may only be changed by a Change Order or b a Written Amendment. Any Claim for an adjus ent in the Contract Times (or Milestones) shall b based on written notice submitted by the party maki g the claim to the ENGINEER and the other party to he Contract in accordance with the provisions of parag aph 10.05. B. Any adjustment of the Contrac Times (or Milestones) covered by a Change Ord =r or of any Claim for an adjustment in the Contrac Times (or Milestones) will be determined in accorda ce with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR' A. Where CONTRACTOR is prey completing any part of the Work within t Times (or Milestones) due to delay beyon of CONTRACTOR, the Contract Milestones) will be extended in an amount time lost due to such delay if a Claim is m as provided in paragraph 12.02.A. Delays control of CONTRACTOR shall include, limited to, acts or neglect by OWNER, act of utility owners or other contractors perfo work as contemplated by Article 7, fi epidemics, abnormal weather conditions, God. Control nted from e Contract the control imes (or qual to the de therefor beyond the but not be or neglect ing other es, floods, or acts of 12.04 Delays Within CONTRACTOR's l ontrol A. The Contract Times (or Milestone-) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to an• within the control of a Subcontractor or Supplie shall be deemed to be delays within the control of ONTRAC- TOR. 12.05 Delays Beyond OWNE''s and CONTRACTOR's Control 00700 - General Condition REV 5-10-13.doc A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. AH defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and sha I cooperate with inspection and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the cervices of an independent testing laboratory to the Contract Documents except: 1. for inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspec- tion or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals, shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CON- TRACTOR without written concurrence of ENGI- NEER, it must, if requested by ENGINEER be uncov- ered for observation. 00700 - General Conditions REV 5-10-13.doc 00700 - 35 F:1Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milting90th St to 94th StlAdmin\bid documents\Master Contract Documents100700 - General Conditions REV 5-10- 13.doc F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question, furnishing all neces- sary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable however, this right of OWNER to stop the Work shall 00700 - 36 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Ad 13.doc any of them. Work all defective or by ENGI- it with shall pay but engineers, and all costs) or removal of repair or Substantial 13.06 Correction or Removal of Defective A. CONTRACTOR shall correct Work, whether or not fabricated, installed, completed, or, if the Work has been rejec`.ed NEER, remove it from the Project and replace Work that is not defective. CONTRACTOR all Claims, costs, losses, and damages (ncluding not limited to all fees and charges of architects, attorneys, and other professionals court or arbitration or other dispute resolution arising out of or relating to such correction (including but not limited to all costs replacement of work of others). 13.07 Correction Period A. If within one after the date year of by Laws or Regulations by the terms of by the prescribed or any applicable special guarantee required Contract Documents, any Work is found to be to the land use by a:, defective, or if the repair damages of any or areas made available for CONTRACTOR's OWNER or by Laws Regulations permitted and defective, CONTRACTOR without cost shall promptly, instructions: (i) repair such defective land or areas, or defective it from (ii) correct such defective Work if the or, Work has been rejected by OWNER, remove defective, and (iii) satisfactorily or repair or Work, to the there comply or in an risk of defective the rejected costs, Milted to all attorneys, or or relating and all costs of I be paid by a particular correct remove and replace any damage to other work of others or other land or areas resulting from. If CONTRACTOR does not promptly with the terms of such instructions, emergency where delay would cause serious loss or damage, OWNER may have the Work corrected or repaired or may have Work removed and replaced, and all Claims, losses, and damages (including but not I fees and charges of engineers, architects, and other professionals and all court or arbitration other dispute resolution costs) arising out of to such correction or repair or such removal replacement (including but not limited to repair or replacement of work of others) wi CONTRACTOR. B. In special circumstances where item of equipment is in placed continuous service 00700 - General Conditions min\bid documents\Master Contract Documents \00700 - General Conditions REV 5-10-13.doc REV 5-10- Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recom- mendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days writte notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and rem this paragraph, OWNER shall proceed e In connection with such corrective a action, OWNER may exclude CONTRAC or part of the Site, take possession of all • Work and suspend CONTRACTOR's se thereto, take possession of CONTRAC appliances, construction equipment and the Site, and incorporate in the Work all m equipment stored at the Site or for which • paid CONTRACTOR but which are stored CONTRACTOR shall allow OWNER, representatives, agents and employees, other contractors, and ENGINEER and E Consultants access to the Site to enable exercise the rights and remedies paragraph. -dies under peditiously. d remedial OR from all r part of the ices related OR's tools, achinery at terials and WNER has elsewhere. OWNER's OWNER's GINEER's •WNER to nder this C. All Claims, costs, losses, an. damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitratio or other dispute resolution costs) incurred or s stained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged ag : inst CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in t e Contract Documents with respect to the Work; an. OWNER shall be entitled to an appropriate decr-ase in the Contract Price. If the parties are unable to :gree as to the amount of the adjustment, OWNER ay make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will incl de but not be limited to all costs of repair, or replacem-nt of work of others destroyed or damaged by correction, removal, or replacement of CONT • CTOR's defective Work. D. CONTRACTOR shall not be -(lowed an extension of the Contract Times (or ilestones) because of any delay in the performance .f the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 1 .09. ARTICLE 14 - PAYMENTS TO CONTRA TOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established ed in paragraph 2.07.A will serve as the progress payments and will be incorpor form of Application for Payment acceptabl 00700 - General Conditions as provid- basis for ed into a to ENGI- EV 5-10-13.doc 00700 - 37 F:1Public WorksIENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th StlAdmin\bid documents Master Contract Documents \00700 - General Gond tions REV 5-10- 13.doc NEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or retum the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CON- TRACTOR may make the necessary corrections and resubmit the Application. 00700-38 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling90th St to 94th St\Admin\bid documents\Mlaster Contract Documents\00700 - General Conditions REV 5-10- 13.doc 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. The conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspec- tions made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, inc uding final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to 00700 - General Conditions REV 5-10-13.doc CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.6.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accor- dance with paragraph 13.09; or the occurrence of any of the events cnumcr ated in paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount paragraph 11.02.D) become due, and when --- e. e e . , . - -e' - !' D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or fumishing of the Work; b. Liens have been filed i with the Work, exce CONTRACTOR has delivere Bond satisfactory to OWNER t satisfaction and discharge of su c. there are other items en ER to a set-off against recommended; or d. OWNER has actual kno occurrence of any of the events in paragraphs 14.02.6.5. 14.02.6.5.c or paragraph 15.02. connection t where a specific secure the h Liens; itling OWN - e amount ledge of the enumerated through 2. If OWNER refuses to m5ke payment of the full amount recom ended by ENGINEER, OWNER m st give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CO TRACTOR any amount remaining after dedu tion of the amount so withheld. OWNER sh II promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to y OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld sha I be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers the Work 00700 - General Conditions REV 5-10-13.doc 00700 - 39 F:\Public WorksIENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th StWdminlbid documents\Master Contract Documents100700 - General Conditions REV 5-10- 13.doc Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate before final payment. OWNER shall have seven days make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after that the Work is not substantially complete, in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and tentative list of items to be completed or corrected) any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion - •- -a' responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, and guarantees. ., .. Unless OWNER and inform ENGINEER in writing prior to ENGINEER's payment - B. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- TRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRA TOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final 00700 - General Conditions REV 5-10-13.doc 00700 - 40 F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling90th St to 94th St\Admin\bid documents Master Contract Documents100700 - General Conditions REV 5-10- 13.doc inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. C 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.6.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or 14.08 waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection A. with the Work. comple ENGIN 3. In lieu of the releases or waivers of of CO Liens specified in paragraph 14.07.A.2 and as recomr approved by OWNER, CONTRACTOR may ing the fumish receipts or releases in full and an for tha affidavit of CONTRACTOR that: (i) the releases accept and receipts include all labor, services, OWNS material, and equipment for which a Lien could less th be filed; and (ii) all payrolls, material and and if equipment bills, and other indebtedness paragr connected with the Work for which OWNER or the pa OWNER's property might in any way be Work fi responsible have been paid or otherwise satis- by COP fied. If any Subcontractor or Supplier fails to for sue fumish such a release or receipt in full, CON- under TRACTOR may furnish a Bond or other payme collateral satisfactory to OWNER to indemnify Claims. OWNER against any Lien. 14.09 B. Review of Application and Acceptance A. 1. If, on the basis of ENGINEER's will con observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by f the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to p OWNER and CONTRACTOR that the Work is u acceptable subject to the provisions of 00700 - 41 F:\Public Works'ENGINEERING DIVISION PROJECTS11314-107th Ave Milling90th St to 94th St1Adminlbid docu 13.doc paragraph 14.09. Otherwise, ENGINEER return the Application for Payment CONTRACTOR, indicating in reasons for refusing to recommend payment, in which case CONTRACTOR make the necessary corrections and the Application for Payment. Payment Becomes Due 1. Thirty days the against appearing paragraph Contract guarantees CONTRACTOR's the TOR wil tc writing the fina shal resubmit to and amount due OWNER to final and if receipt and terminat- due and be held by is in surety to of the submitted Application be made final a waiver of payment OWNER arising Work to with the special or from under those are still 5-10-13.doc REV 5-10- after presentation OWNER of the Application for Payment accompanying documentation, the recommended by ENGINEER will become and, when due, be will paid by CONTRACTOR. Final Completion Delayed If, through no fault of CONTRACTOR, :tion of the Work is significantly delayed, IEER so confirms, OWNER shall, upon JTRACTOR's final Application for Payment nendation of ENGINEER, and without Agreement, make payment of the balance it portion of the Work fully completed ad. If the remaining balance to R for Work not fully completed or corrected an the retainage stipulated in the Agreement, Bonds have been furnished as required aph 5.01, the written consent of the anent of the balance due for that portion illy completed and accepted shall be JTRACTOR to ENGINEER with the :h payment. Such payment shall the terms and conditions goveming it, except that it shall not constitute Waiver of Claims The making and acceptance of final stitute: 1. a waiver of all Claims by CONTRACTOR, except Claims rom unsettled Liens, from defective after final inspection pursuant 14.06, from failure to comply Documents or the terms of any specified therein, continuing obligations Contract Documents; and 2. a waiver of all Claims by CONTRAC- against OWNER other than reviously made in writing which nsettled. 00700 - General Conditions REV ments\Master Contract Documents100700 - General Conditions ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CON- TRACTOR shall resume the Work on the date so fixed. cucpension if CONTRACTOR makes a Claim therefor ef. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CO shall not be entitled to receive any furt until the Work is finished. If the unpaid b. Contract Price exceeds all claims, costs, damages (including but not limited to charges of engineers, architects, attorney professionals and all court or arbitrati dispute resolution costs) sustained by 0 out of or relating to completing the Work, will be paid to CONTRACTOR. If such cl losses, and damages exceed such unp CONTRACTOR shall pay the difference Such claims, costs, losses, and damages OWNER will be reviewed by ENGINEE reasonableness and, when so ap ENGINEER, incorporated in a Change 0 exercising any rights or remedies paragraph OWNER shall not be required lowest price for the Work performed. TRACTOR er payment lance of the losses, and II fees and , and other n or other NER arising uch excess ims, costs, id balance, o OWNER. incurred by as to their •roved by der. When under this o obtain the 0 C. Where CONTRACTOR's service have been so terminated by OWNER, the termina ion will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which m thereafter accrue. Any retention or payment of oneys due CONTRACTOR by OWNER will not rel ase CON- TRACTOR from liability. 15.03 OWNER May Terminate For Con enience A. Upon seven days written notic- to CON- TRACTOR and ENGINEER, OWNER ay, without cause and without prejudice to any of er right or remedy of OWNER, elect to terminate t e Contract. In such case, CONTRACTOR shall be p=id (without duplication of any items): 1. for completed and acce•table Work executed in accordance with th Contract Documents prior to the effecti e date of termination, including fair and reaso able sums for overhead and profit on such Wo ; 2. for expenses sustained .rior to the effective date of termination in performing services and fumishing labor, materials, or equipment as required by the Contract Documents in connection with u completed Work, plus fair and reasonable sums for overhead and profit on such expens-s; 3. for all claims, costs, I damages (including but not limited and charges of engineers, architect' and other professionals and al arbitration or other dispute resolutio curred in settlement of terminate with Subcontractors, Suppliers, and 11 sses, and to all fees , attorneys, court or costs) in - contracts thers; and 11 00700 - General Condition REV 5-10-13.doc 00700 - 42 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents\00700 - General Co 13.doc itions REV 5-10- 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of Toss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, TRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of Documents requires the giving of written be deemed to have been validly given i person to the individual or to a member to an officer of the corporation for whom or if delivered at or sent by registered or postage prepaid, to the last business a to the giver of the notice. 17.02 Computation of Times A. When any period of time is refe Contract Documents by days, it will be exclude the first and include the last period. If the last day of any such peri Saturday or Sunday or on a day made a by the law of the applicable jurisdiction, be omitted from the computation. 17.03 Cumulative Remedies he Contract notice, it will delivered in f the firm or t is intended, ertified mail, dress known red to in the computed to day of such d falls on a legal holiday uch day will A. The duties and obligations impo.ed by these General Conditions and the rights and re edies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way -s 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 arranty or guarantee, or by other provisions of he Contract Documents, and the provisions of this paragraph will be as effective as if repeated speci cally in the Contract Documents in connection with each particular duty, obligation, right, and rem-dy to which they apply. 17.04 Survival of Obligations A. All representations, indemnificati ties, and guarantees made in, required b accordance with the Contract Document all continuing obligations indicated in Documents, will survive final payment, and acceptance of the Work or temiinati tion of the Agreement. 17.05 Controlling Law ns, warran- , or given in , as well as he Contract completion, n or comple- A. This Contract is to be govemed by he law of the state in which the Project is located. 00700 - General Conditi 00700 - 43 F:\Pubiic Works\ENGINEERING DIVISION PROJECTS\1314107th Ave Millina_,90th St to 94th St\Admin\bid documents\Master Contract Documents \00700 - General C 13.doc ns REV 5-10-13.doc nditions REV 5-10- SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Numb Introduction SC — 1.00 Defined Terms SC —1.01 Terminology SC — 1.02 Before Starting Construction SC — 2.05 Preconstruction Conference SC — 2.06 Coordination of Plans, Specifications, and Special Provisions SC — 3.06 Subsurface and Physical Conditions SC — 4.02 Performance, Payment and Other Bonds SC — 5.01 Certificates of Insurance SC — 5.03 CONTRACTOR's Liability Insurance SC — 5.04 OWNER's Liability Insurance SC — 5.05 Property Insurance SC — 5.06 Waiver of Rights SC — 5.07 Receipt and Application of Insurance Proceeds SC — 5.08 Acceptance of Bonds and Insurance; Option to Replace SC — 5.09 Labor; Working Hours SC — 6.02 Concerning Subcontractors, Suppliers and Others SC — 6.06 Permits SC — 6.08 Cost of the Work SC — 11.01 Test and Inspections SC —13.03 OWNER May Stop the Work SC —13.05 Correction Period SC — 13.07 Progress Payments SC — 14.02 Substantial Completion SC —14.04 00800-i 00800 - Supplementary Conditions 05-1 rev.doc 00800 IF:\Public Works\ENGINEERING DIVISION PROJECTS\1314107th Ave Milling90th St to 94th ShAdmin\bid documentsWaster Contract Documents\0080- mnlcmcntani r.nnditinns 055.13 row nnr. 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 ' 5-13 rev.doc 00800 IIF:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Document \00800 - Supplementary Conditions 05-13 rev.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC -1.00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditio s of the Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the ontract Documents as indicated below. AH provisions, which are not so amended or supple ented, remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicate • 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 enti ety and insert the following paragraphs in their place: D. Fumish, Install, Perform, Provide 1. The word "furnish" shall mean to supply and deliver services, mat: equipment to the Site (or some other specified location) ready for installation and in usable or operable condition. 2. The word "install" shall mean to put into use or place in final position materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide" shall mean to furnish and install 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 paragr place: rials, or use or ervices, ervices, ph in its C. Evidence of Insurance: CONTRACTOR shall not commence work u der this Contract until he has obtained all insurance required under Article 5 a d such insurance has been delivered to the OWNER and approved by the OW ER, nor shall the CONTRACTOR allow any Subcontractor to commence wor 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 c•rrecting, 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 paragra•h in its place: A. Immediately after awarding the contract, but before the CONTRACTO begins work, the Project Manager will call a preconstruction conference at a 'lace the ENGINEER designates to establish an understanding among the parti-s as to the work and to discuss schedules referred to in paragraph 2.05.B, pr•cedures for handling Shop Drawings and other submittals, and maintaining required records. Utility companies and others as appropriate will be requested o attend 00800-1 00800 - Supplementary Conditions 0 13 rev.doc 00800 1F: \Public Works\ENGINEERING DIVISION PROJECTS\1314107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents\'0800 - to discuss and coordinate work. B. Per the FDOT Standard Specifications for Road and Bridge Constructs n, the Contractor will certify to the Engineer the following: 1. A listing of on-site clerical staff, supervisory personnel and their pr -rated time assigned to the contract, 2. Actual Rate for items listed in Table 4-3.2.1 (see below), 3. Existence of employee benefit plan for Holiday, Sick and Vacation enefits and a Retirement Plan, and, 4. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contrac or with authority to bind the Contractor. Timely certification is a condition prece ent to any right of the Contractor to recover compensations for such costs, an failure to timely submit the certification will constitute a full, complete, absol to and irrevocable waiver by the Contractor of any right to recover such cost . Any subsequent changes shall be certified to the Engineer as part of t e cost proposal or seven calendar days in advance of performing such extra wor FDOT Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by La Medical Insurance Actual Holidays, Sick & Vacation Benefits Actual Retirement Benefits Actual Workers Compensation Rates based on the National Co ncil on Compensation Insurance basic ra es tables adjusted by Contractor's actual e perience modification factor in effect at the ime of the additional work or unforeseen work Per Diem Actual but not to exceed State of Fl.rida's rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not incluse any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, eta.). 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 1. Written Interpretations 2. Addenda 3. Specifications 4. Supplementary Conditions to the General Conditions 5. General Conditions 6. Approved Shop Drawings 7. Drawings 8. Referenced Standards. B. Written/computed dimensions shall govern over scaled dimensions. 00800-2 00800 - Supplementary Conditions 0 00800 2F:\ Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th S8Admin\bid documents\Master Contract Documents oilows: 13 rev.doc eaoo- Il SC -4.02 Subsurface and Physical Conditions SC -4.02 Add the following new paragraphs immediately after paragraph GC -4.02.B: C. In the preparation of Drawings and Specifications, ENGINEER or ENGIN ER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: D. Reports and drawings itemized in SC -4.02.0 are not included with the Biding Documents. Copies may be examined at Indian River Count Administrati. n Building, Public Works, 1801 27th Street, Vero Beach, FL 32960 during regular business hours. These reports and drawings are not part of the C•ntract 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 paragra place: hs in its Within fifteen (15) days of receipt of the Contract Documents for exec tion, 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 ma 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 a • listed in Part 11 of F.S. Chapter 625. Any such alternative form of securit shall be for the same purpose, and be for the same amount and subj .ct to the same conditions as those applicable to the bond otherwise requi ed. The determination of the value of an alternative form of security shall be made by the OWNER. 2. Such Bond shall continue in effect for one (1) year after accepta ce of the Work by the OWNER. 3. The OWNER shall record, the Public Construction Bond with t e Public Record Section of the Indian River County Courthouse locate • 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 th= General Conditions shall provide coverage for not Tess than the following a ounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in complianc: with the Worker's Compensation Law of Florida. This policy mus include Employer Liability with a limit $100,000 for each accident, 4.500,000 disease (policy limit) and $100,000 disease (each employe;). Such policy shall include a waiver of subrogation as against OW ER and ENGINEER on account of injury sustained by an employee s) of the CONTRACTOR. 00800-3 00800 - Supplementary Conditions 115-13 rev.doc 00800 3F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Document .\00800 - 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit fo 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 lnj ry 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 secur- Builders' Risk "All Risk" insurance at his expense and provide prop-rly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in hese Contract Documents before starting work. 5. Special Requirements: a. Ten (10) days prior to the commencement of any work unser this Contract, certificates of insurance and endorsement form . in the • exact wording and format as presented in these • ontract Documents will be provided to the OWNER's Risk Mangerfor review and approval. b. "Indian River County Florida" will be named as "A•ditional Insured" on both the General Liability, Auto Liability and : uilder's Risk "All Risk" Insurance. c. The OWNER will be given thirty (30) days notice •rior 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 p ovision of the Contract (see paragraph 6.20 of the General Conditins). e. It is the responsibility of the CONTRACTOR to insure hat all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requir: ments, which are subject to modification in response to high hazard operation. g. Insured must be authorized to do business and have an ag nt for service of process in Florida and have Best's Rating of " -VII or better. D. Additional lnsureds: 1. In addition to "Indian River County, Florida," the following indivi entities shall be listed as "additional insureds" on the CONTRA • liability insurance policies: a. NONE b. c. 00800-4 uals or TOR's 00800 - Supplementary Conditions 05- 3 rev.doc 00800 4F:\Public Works\ENGINEERING DIVISION PROJECTS\1314107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents\0x800 - 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 fallowing paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Wo at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENG NEER, ENGINEER's Consultants and any other individuals or entities identifies in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is i eemed to have an insurable interest and shall be listed as an insured or additional i sured; 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 damag- to the Work, temporary buildings, falsework, and materials and equipment in tra sit and shall insure against at least the following perils or causes of loss: fire, li htning, extended coverage, theft, vandalism and malicious mischief, earthquake, c•Ilapse, debris removal, demolition occasioned by enforcement of Laws and Reg lations, water damage, and such other perils or causes of loss as may be sp: cifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location t at was agreed to in writing by OWNER prior to being incorporated in the Work, otrovided 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 agr=ed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written otice to each other additional insured to whom a certificate of insurance has been i .sued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention C. The policies of insurance required to be purchased and maintained by CONT CTOR in accordance with this paragraph SC -5.06 shall comply with the require ents 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 pl. ce: .. E. Additional Insureds: 1. The following individuals or entities shall be listed as "additional insured." on the CONTRACTOR's property insurance policies: 00800-5 00800 - Supplementary Conditions 0'-13 rev.doc 00800 5F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling90th St to 94th St\Admin\bid documents Master Contract Documents \'0800 - a. Indian River County, Florida b. NONE c. SC -5.07 Waiver of Rights SC -5.07 Delete GC -5.07 (paragraphs A, B, and C) in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC -5.08 Delete GC -5.08 (paragraphs A and B) in its entirety. SC -5.09 Acceptance of Bonds and Insurance; Option to Replace SC -5.09 Delete GC-5.09(paragraph A) in its entirety. SC -6.02 Labor; Working Hours SC -6.02.B. Add the following paragraphs immediately after paragraph GC -6.02.B: 1. 1. Regular working hours are defined as Monday through Friday, e cluding Indian River County Holidays, from 7 a.m. to 5 p.m. 2. 2. Indian River County Holidays are: New Year's Day, Good Friday, emorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day Friday after Thanksgiving, Christmas Day and the day after Christmas. Wo ing on these days will not be permitted without prior written permission and -pproval from the Construction Coordination Manager. 3. 3. The CONTRACTOR shall receive no additional compensation for •vertime work, i.e., work in excess of eight hours in any one calendar day or 40 ours in any one calendar week, even though such overtime work may be require • under emergency conditions and may be ordered by the ENGINEER in writing. 4. 4. All costs of inspection and testing performed during overtime wor 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 frim any payments otherwise due the CONTRACTOR. 5. 5. All costs of OWNER's employees and costs of ENGINEER's Co sultant resulting from overtime work by the CONTRACTOR, which is allowed s•lely for the convenience of the CONTRACTOR, shall be borne by the CONT- CTOR, and a credit given to OWNER to deduct all such costs from any p• yments 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 indi'iidual or entity, to the extent practicable, information about amounts paid to CONTRAC OR on account of Work performed for CONTRACTOR by a particular Subcontractor, Su plier, or other individual or entity. SC -6.08 Permits 00800-6 00800 - Supplementary Conditions 0513 rev.doc rk 00800 6F:\Public Wos\ENGINEERING DIVISION PROJECTS\1314107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents 0800 0800 - Suoolementary Conditions 05-13 rev.doc SC -6.08 Add the following paragraphs immediately after paragraph GC -6.08.A: 1. The OWNER has obtained the following permits (copies of these permits : re contained in Appendix "A"): No Permits Required 2. The CONTRACTOR shall obtain and pay for all other required permits an licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained i the permits at no extra cost to the OWNER. 3. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC -11.01 Cost of the Work 8 SC -11.01.A.1. Delete paragraph GC -11.01.A.1 in its entirety, and insert the following se tences in its place: 1. CONTRACTOR will receive payment for actual costs of direct labor and burden (see SC -2.06.B) for the additional or unforeseen work. Labor includes oremen actually engaged in the work; and will not include project supervisory perso nel nor necessary on-site clerical staff, except when the additional or unforeseen ork is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Comp nsation for project supervisory personnel, but in no case higher than a Project M : nager's position, shall only be for the pro -rata time such supervisory personnel pent on the contract. In no case shall an officer or director of the Company, nDr those persons who own more than 1% of the Company, be considered a- project supervisory personnel, direct labor or foremen hereunder. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNE SC -13.03 Test and Inspections SC -13.03.B. Delete paragraph GC -13.03.8 in its entirety, and insert the following sent-nces in its place: B. OWNER shall employ and pay for the services of an independent testing labo atory to perform all initial inspections, tests, or approvals required by the Contract Do uments except those inspections, tests, or approvals listed immediately below. Su•sequent inspections, tests, or approvals required after initial failing inspections, t-sts, or approvals shall be paid for by the CONTRACTOR by back charge to su•sequent applications for payment. The CONTRACTOR shall arrange, obtain, and pa 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 pursuan to paragraph 13.04.6 shall be paid as provided in said paragraph 13.04.B; 3. tests otherwise specifically provided in the Contract Documents. 00800-7 00800 - Supplementary Conditions 0 13 rev.doc 00800 7F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling90th St to 94th St\Admin\bid documents Master Contract Documents .0800 - SC -13.05 OWNER May Stop the Work SC -13.05.A. Delete paragraph GC -13.05.A in its entirety and insert the following paragra•h 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 confo to the Contract Documents, OWNER may order CONTRACTOR to stop the Wo i, or any portion thereof, until the cause for such order has been eliminated; howe er, 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 CONTRACTO', any Subcontractor, any Supplier, any other individual or entity, or any suret 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 in 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 a•plicable special guarantee required by the Contract Documents or by any specific p ovision of the Contract Documents, any Work is found to be defective, or if the pair 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 pa agraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) rep.: it such defective land or areas, or (ii) correct such defective Work or, if the defecti e Work has been rejected by OWNER, remove it from the Project and replace it wi h 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 esulting therefrom. SC -13.07 B. Delete paragraph GC -13.07.8 in its entirety and insert the following senten e in its place B. In special circumstances where a particular item of equipment is placed in ontinu- 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 Specificatio s or by Written Amendment. SC -14.02 Progress Payments SC -14.02.6.5. Delete paragraph GC -14.02.8.5.d in its entirety and insert the following p.ragraph 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 ecause of CONTRACTOR delays or rejection of defective Work; or 00800-8 00800 - Supplementary Conditions 05 13 rev.doc 00800 8F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling90th St to 94th St\Admin\bid documents\Master Contract Documents\10800 - f. OWNER has been required to pay an independent testing labora ory for subsequent inspections, tests, or approvals taken after initial failing insp ctions, 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 th- 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 Co ditions, delete the remainder of paragraph 14.04A in its entirety and replace with the following: "If Engineer considers the Work substantially complete, Engineer will and deliver to Owner a tentative certificate of Substantial Completion that the date of Substantial Completion. In accordance with the provisions o Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certi Substantial Completion from Engineer, the Owner, the Engineer, Contractor shall conduct a walk-through inspection of the Project to doc list of any items required to render the Work on the Project c satisfactory, and acceptable under this Agreement (herein the "Statuto The Statutory List shall be reduced to writing and circulated among the the Engineer, and the Contractor by the Owner or the Engineer w calendar days after substantial completion. The Owner and C• acknowledge and agree that: 1) the failure to include any corrective pending items that are not yet completed, on the Statutory List does not responsibility of the Contractor to complete all of the Work under this Agr 2) upon completion of all items on the Statutory List, the Contractor may pay request for all remaining retainage except as otherwise set fort Agreement; and 3) any and all items that require correction under this Ag and that are identified after the preparation of the Statutory List re obligation of the Contractor to complete to the Owner's satisfaction u Agreement. After receipt of the Statutory List by the Contractor, the C acknowledges and agrees that it will diligently proceed to complete all i the Statutory List and schedule a final walk-through in anticipation completion on the Project." • SC -14.04B Add the following new paragraph immediately after paragraph GC 14.048: C. At the time of delivery of the tentative certificate of Substantial Completion, Engi deliver to Owner and Contractor a written recommendation as to division of respo pending final payment between Owner and Contractor with respect to security, o safety, and protection of the Work, maintenance, heat, utilities, insurance, and warra 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: 00800-9 •repare shall fix Florida icate of nd the ment a mplete, List"). Owner, thin 30 ntractor ork, or Iter the -ement; ubmit a in this eement ain the der this ntractor ems on of final eer will sibilities aeration, ties and 00800 - Supplementary Conditions 0 -13 rev.doc 00800 9F:\Public Works\ENGINEERING DIVISION PROJECTS\1314107th Ave Milling90th St to 94th St\Admin\bid documents Master Contract Documents\'0800 - C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the " Govemment Prompt Payment Act" , Florida Statutes section 218.70, et. seq. SC -15.01 OWNER May Suspend Work SC -15.01.A place: Delete the last sentence in paragraph GC -15.01.A and insert the followi Local g in its 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 immediate'y after paragraph GC -15.02.A.4: 5. CONTRACTOR's violation of Section 02225 — "Erosion Control and Trea Dewatering Water From the Construction Site." 6. CONTRACTOR's failure to make payment to Subcontractors or Supp materials or labor in accordance with the respective agreements betw CONTRACTOR and the Subcontractors or Suppliers. ment of iers for en the SC -15.04 CONTRACTOR May Stop Work or Terminate SC -15.04 Delete the following text from the first sentence of paragraph GC -15.04.A: or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due 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. 00800-10 00800 - Supplementary Conditions 05-13 rev.doc 00800 1 OF:1Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th St\Adminlbid documents\Master Contract Documents100800 - SC -17 Miscellaneous Add the following new paragraphs immediately after paragraph GCI7.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name), pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub - subcontract hereunder." The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit -claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++END OF SUPPLEMENTARY CONDITIONS++ 00800-11 00800 - Supplementary Conditions 05-13 rev.doc 00800 11 F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents 100800 - Suoolementary Conditions 05-13 rev.doc SECTION 00942 - Change Order Form No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: Vero Lake Estates Asphalt Millings Project (Phase I) Project No. 1314 Bid No. 2015010 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: OWNER (Signature) Date: Description Amount Original Contract Price $ Net Increase (Decrease) from previous Change Orders No. to . $ Substantial Completion: Final Completion: Contract Price prior to this Change Order: $ Net increase (decrease) of this Change Order: $ Contract Price with all approved Change Orders: $ ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES OWNER (Signature) Date: Description Time Original Contract Time: Substantial Completion: Final Completion: (days or dates) Net change from previous Change Orders No. to: (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: Substantial Completion: Final Completion: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days or dates) Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days or dates) RECOMMENDED: By: ENGINEER (Signature) Date: 00942 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documentsWaster Contract Documents\00942 - hange Order Form REV 04-07.doc Rev. 05/01 APPROVED: By: OWNER (Signature) Date: 00942 - Change Order Form R V 04-07.doc SECTION 00946 - Field Order Form Field Change No.: DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: Vero Lake Estates Asphalt Millings Proiect (Phase I) Project No: 1314 Bid No: 2015010 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 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\00946 - Field Order Form REV 04-07.doc 04-07.doc SECTION 00948 - Work Change Directive No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR: Project: Vero Lake Estates Asphalt Millings Project (Phase I) Project No:1314 Bid No: 2015010 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 Q Unit Prices 0 Lump Sum D Other: II By Change Order: II Contractor's Records II Engineer's Records II Other: Q By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $ Substantial Completion: days; Ready for Final Completion: days. If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: By: CONTRACTOR (Signature) Date: RECOMMENDED: By: ENGINEER (Signature) Date: **END OF SECTION** APPROVED: By: OWNER (Signature) Date: F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th StWdmin\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 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Con Documents\DIVISION 1 GENERAL REQUIREMENTS.doc ct SECTION 01009 SPECIAL PROVISIONS 1.1 GENERAL A. Visits to the construction site may be made by representatives of permi ing or governing bodies. Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER u til final acceptance has been received from the various Regulatory Agencies having jurisdiction. B. Furnish sufficient labor, construction equipment and materials, and wo k 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 sche. ule. If, in the opinion of the ENGINEER, the CONTRACTOR falls behind the p ogress schedule, take such steps as may be necessary to improve progress, all ithout 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 disposal is not specifically noted, shall remain the property of the OWNER a be delivered to the OWNER at the following location: 4550 41st Street, CONTRACTOR's expense. All material and equipment not in salv condition, as determined by the ENGINEER and the OWNER, shall be disp by the CONTRACTOR, at the CONTRACTOR's expense. r other d shall at the geable • sed of D. In addition to these Specifications all work must comply with the requiremen s of the local governing agency, St. Johns River Water Management District, Depart ent of Environmental Protection, Army Corps of Engineers, and all other applicabl- State or Federal agencies' specifications and permits. In the event of a conflict, t e 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 erify in writing that such has been previously obtained. Follow all requirements of any said permits or authorization. Give the ENGINEER and appropriate owner ten (1 ) days minimum notice before commencing construction operations outside the des gnated limits of the work site. 01009-1 01009 -Special Provisions F:\PublicWorksENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Con ract Documents\01009 - Special Provisions.doc SECTION 01024 FORCE ACCOUNT 1.1 General CONTRACTOR shall furnish all labor, materials, equipment and incidenta s necessary to perform additional work not covered on the Contract Drawings. The force Account is intended as a contingency for unforeseen work. 1.1 PAYMENT A. Lump sum amount for force account work is included in the bid schedule. The value of force account work will be determined in accordance with Article 12 of the General Conditions. + + END OF SECTION + + 01024- 1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling90th St to 94th St\Admin\bid documents \M ter 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. II 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, pili g 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 skille instrument man available whenever necessary for layout of the Work. D. Provide all material required for benchmarks, control points, batter board grade stakes, and other items. E. Be solely responsible for all locations, dimensions and levels. No data o her 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 ade or established on the Work, and reestablish same, if disturbed. Rectify .II Work improperly installed because of not maintaining, not protecting or removing without authorization such established points, stakes, marks a d monuments. G. When requested by the ENGINEER, provide such facilities and assistanIe as may be necessary for the ENGINEER to check line and grade points pla ed by the CONTRACTOR. Do no excavation or embankment work until all cross -sectioning necessary for determining pay quantities has been com•leted and checked by the ENGINEER. H. The cost of performing engineering and layout work described above sh _ II 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 engineeri g. 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 e rors, inaccuracies or omissions in the survey data. The commencing of any o the work by the CONTRACTOR shall be held as the CONTRACTOR's acce•tance that all survey or existing site information is correct and accurate, withou any reasonably inferable errors, inaccuracies or omissions. 1050-1 01050 Field Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling 90th St to 94th St\Admin\bid documents\Master Contract Documents \01050 - Fie d Engineering.doc B. The CONTRACTOR shall carefully preserve all control stakes, benchmarks, reference points and property corners and will be responsible for any mi .take or loss of time caused by their unnecessary loss or disturbance. If the I•ss 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. 1 ontrol stakes, benchmarks, reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land S r- veyor and Mapper, at the CONTRACTOR's expense. In the event the 0 ner 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 performe• 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 stati markers every 100 feet. 1.4 LAYOUT OF STRIPING Establish by instrument, and mark the finished surface, the points necessary or striping finished roadway in conformance with Section 5-7 of FDOT Standard Specifications. n + + END OF SECTION + + 1050-2 01050 Field Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\01050 - Field Engineering.doc SECTION 01091 REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or testin thereof to conform to the standards of any technical society, organ' ' ation or body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the date of advertisement for bids, unless noted otherwise in the Technical Specifications or on the Drawings. When a reference standard is specified, comply with requirements and recommendations stated i that standard, except when they are modified by the Contract Documen s, or when applicable laws, ordinances, rules, regulations or codes esta•Iish stricter standards. The list of specifications presented in Paragrap B is hereby made a part of the Contract, the same as if repeated herein in full. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the followin . list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED.SPEC. Federal Specifications 01091-1 01091 Reference St=ndards F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents \01091 - Reference Standards.doc CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/DOT Florida Department of Transportation U. L., Inc. Underwriter's Laboratories, Inc. SSPC Steel Structures Painting Council SJRWMD St. Johns River Water Management District C. When no reference is made to a code, standard or specification, th standard specifications of ASTM, FDOT, or ANSI shall govern. D. In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards, or any other regulatory specification or standard, the more stringent requirement prevails. + + END OF SECTION + + 01091-2 01091 Reference Sta dards F:\Public Works\ENGINEERING DIVISION PROJECTS11314-107th Ave Milling_90th St to 94th St'Adminlbid documentsWlaster Contract Documents101091 - Reference Standards.doc SECTION 01215 GENERAL QUALITY CONTROL 1.1 DESCRIPTION OF REQUIREMENTS A. Definitions: Specific quality control requirements for the work are indica ed throughout the Contract Documents. The requirements of this section a e primarily related to the performance of the work beyond the furnishing o manufactured products. The term "Quality Control" includes, but is not necessarily limited to, inspection and testing and associated requiremen s. This section does not specify or modify the OWNER and ENGINEER d ties relating to quality review and Contract surveillance. 1.2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A. Residual OWNER Responsibility: The OWNER will employ and pay for he services of independent testing laboratories to perform those required inspections and tests. B. CONTRACTORS General Responsibility: No failure of test agencies, w ether engaged by the OWNER or CONTRACTOR, to perform adequate inspe tions of tests or to properly analyze or report results, shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents. It is recognized that the required inspection and tasting program is intended to assist the CONTRACTOR, OWNER, ENGINEER, and governing authorities in the nominal determination of probable complian i e with requirements for certain crucial elements of work. The program is not in ended to limit the CONTRACTOR in his regular quality control program, as nee ed for general assurance of compliance. 1.3 QUALITY ASSURANCE A. General Workmanship Standards: It is a requirement that each category of tradesman or installer performing the work be pre -qualified, to the extent of b ing familiar with the applicable and recognized quality standards for his category .f work, and being capable of workmanship complying with those standards. 1.4 PRODUCT DELIVERY -STORAGE -HANDLING Handle, store and protect materials and products, including fabricated componen s, by methods and means which will prevent damage, deterioration and losses (and re.ulting delays), thereby ensuring highest quality results as the performance of the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at the project site prior to installation. 01215-1 01215 General Quality 1 ontrol F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\M-ster Contract Documents\01215 General Quality.doc 1.5 PROJECT PHOTOGRAPHSNIDEOS A. The CONTRACTOR shall make provisions, at his expense, for photographs : nd video tapes of all work areas just prior to construction, and for unusual condi ions during construction. The photographs and videos shall show pertinent physi•al features along the line of construction. The purpose of the videos is to dete ine any damage to private or public property during construction. The video mu•.t be performed by a professional videographer. B. Pre -Construction Photographs and Video: 1. Contractor shall provide the Owner with photographs and video record a d one copy of the existing conditions prior to construction. These photographs and videos shall be a standard DVD format and shall be narrated. 2. The photographs and video shall include, but not be limited to, the follo ing items shown in a clear manner: 1) All existing features within the right-of-way. 2) All existing features within the temporary construction easement. 3) All existing features within permanent easements. 4) All existing features adjacent to any construction. 3. Detail of the photographs and video shall be such that the following exa pies shall be clear and visible: 1) Cracks in walls. 2) Condition of fencing. 3) Condition of planted areas and types of vegetation. 4) Condition of sodded areas. 5) Conditions of sprinkler systems and associated controls and wiri 6) Condition of signs. 7) Conditions of lighting and associated wiring. 8) Significant detail of any pre-existing damages physical features hall be shown. The coverage of the photographs and video should incl de the limits of effects of the use of vibratory rollers. 9) These photographs and video record shall be presented and ap roved by the Owner prior to the Notice to Proceed. A copy shall be ke t in the Contractor's field office. 10)Payment — No additional payment will be made for this work. g. + + END OF SECTION + + 0 01215-2 01215 General Quali Control F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents aster SECTION 01220 PROGRESS MEETINGS 1.1 SCOPE A. Date and Time: 1. Regular Meetings: As mutually agreed upon by ENGINEER and CONTRACTOR. 2. Other Meetings: On call. B. Place: CONTRACTOR'S office at Project site or other mutually agreed u.on location. C. ENGINEER shall prepare agenda, preside at meetings, and prepare and distribute a transcript of proceedings to all parties. D. CONTRACTOR shall provide data required and be prepared to discuss all items on agenda. 1.2 MINIMUM ATTENDANCE A. CONTRACTOR B. SUBCONTRACTOR: When needed for the discussion of a particular agenda item, CONTRAC OR shall require representatives of Subcontractors or suppliers to attend a m: eting. C. CONSTRUCTION COORDINATION MANAGER D. OWNER'S representative, if required. E. Utility Representatives F. Others as appropriate. G. Representatives present for each party shall be authorized to act on their .ehalf. 1.3 AGENDA Agenda will include, but will not necessarily be limited to, the following: 1. Transcript of previous meeting. 2. Progress since last meeting. 3. Planned progress for next period. 4. Problems, conflicts and observations. 5. Change Orders. 6. Status of Shop Drawings. 7. Quality standards and control. 8. Schedules, including off-site fabrication and delivery schedules. Corr-ctive measures, if required. 9. Coordination between parties. 10. Safety concerns. 11. Other business. + + END OF SECTION + + 01220-1 01220 Progress eetings F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Docu ents\01220 - Progress Meetings.doc SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL REQUIREMENTS A. No partial payments shall be approved by the ENGINEER until they- is an approved construction progress schedule on hand. B. Designate an authorized representative who shall be responsible fo development and maintenance of the schedule and of all progress payment reports. This representative shall have direct project cont complete authority to act on behalf of the CONTRACTOR in fulfillin commitments of the CONTRACTOR's schedules. 1.2 REVISIONS TO THE CONSTRUCTION SCHEDULES nd oI and the When the ENGINEER requires the CONTRACTOR to submit revised (updated) progress schedules on a monthly basis the CONTRACTOR shall: A. Indicate the progress of each activity to the date of submission. B. Show changes occurring since the previous submission listing: 1. Major changes in scope. 2. Activities modified since the previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the sc edule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contracto 1.3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement, subm t the initial schedules to the ENGINEER. The ENGINEER will review the sched les and return a review copy to the CONTRACTOR within 21 days after receip . If required by the ENGINEER, resubmit revised schedules on or before the seventh day after receipt of the review copy. If required by the ENGINEE submit revised monthly progress schedules with that month's application for payment. 01310-1 01310 Construction Sc edule F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\M-ster Contract Documents\01310 - Construction Schedule.doc 1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and all reviewed revisions (updated) to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 4. OWNER (two copies). 5. ENGINEER B. In the cover letter, instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projectio shown in the schedules. + + END OF SECTION + + s 01310-2 01310 Construction Sch=dule F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Mast-r Contract Documents\01310 - Construction Schedule.doc 01340 — Submittal of Shop Drawings 1.1 SCOPE A. Submit shop drawings, product data and samples as required by o inferred by the Drawings and Specifications. Submittals shall conf the requirements of Article 6.17 of the General Conditions, Section and as described in this Section. 1.2 SHOP DRAWINGS • A. Shop drawings are original drawings, prepared by the CONTRACT subcontractor, supplier, or distributor, which illustrate some portion work; showing fabrication, layout, setting, or erection details. Shop drawings are further defined in Article 6.17, Section 00700. B. Shop drawings shall be prepared by a qualified detailer and shall b identified by reference to sheet and detail numbers on the Contract Drawings. 1.3 PRODUCT DATA rm to 1 0 A. Product data are manufacturer's standard schematic drawings and manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive dat Product data are further defined in Article 6.17, Section 00700. B. Modify standard drawings to delete information which is not applica the project and supplement them to provide additional information applicable to the project. C. Clearly mark catalog sheets, brochures, etc., to identify pertinent materials, products, or models. 1.4 SAMPLES Samples are physical examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. Samples are further defined in Article 6.17, Section 00700. • 1 0700, R, a f the le to 01340 - Submittal of Shop Dra ings.doc 01340-1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents101340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 1.5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. The CONTRACTOR's responsibilities for submittal of shop drawing product data, and samples are set forth in paragraph 6.17 of the G Conditions and as further explained herein. neral B. Prior to submission, thoroughly check shop drawings, product data, and samples for completeness and for compliance with the Contract Documents, verify all dimensions and field conditions, and coordin.te the shop drawings with the requirements for other related work. Also re iew each shop drawing before submitting it to the ENGINEER to deter ine that it is acceptable in terms of the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the CONTRACTOR's responsibility. 1. It is CONTRACTOR'S responsibility to review submittals ma e by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and t• determine that each submittal is in accordance with its desir:s and that there is sufficient information about materials and equip ent for ENGINEER to determine compliance with the Contract Documents. 2. Incomplete or inadequate submittals will be returned for rev! ion without review. 0 C. The CONTRACTOR's responsibility for errors and omissions in sub ittals is not relieved by the ENGINEER's review of submittals. The CONTRACTOR shall approve the shop drawings based on his in-th--field measurements, prior to submittal to the ENGINEER for his review. D. Notify the ENGINEER, in writing at the time of submission, of devia ions in submittals from the requirements of the Contract Documents. The CONTRACTOR's responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER's review of submittals, unless the ENGINEER gives wri en acceptance of specific deviations. E. Begin no work, which requires submittals until return of submittals ith the ENGINEER's stamp and initials or signature indicating the submittal has been reviewed. 01340 - Submittal of Shop Dr-wings.doc 01340-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. Submit to: Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 B. A letter of transmittal shall accompany each submittal. If data for m re than one Section of the Specifications is submitted, a separate tran mittal letter shall accompany the data submitted for each Section. C. At the beginning of each letter of transmittal, provide a reference he :ding indicating the following: 1. OWNER'S Name 2. Project Name 3. Contract Number 4. Transmittal Number 5. Section Number II D. All submittals shall have a title block with complete identifying infor ation satisfactory to the ENGINEER. The following is a sample Submittal Form that the CONTRACTOR may use: [The remainder of this page has been left blank intentionally] 01340 - Submittal of Shop Dr:wings.doc 01340-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO. Contractor: Date Sent to County No. Copies Sent to County ❑ Original Submittal ❑ Re -Submittal Project Name: Vero Lake Estates Asphalt Millings Project (Phase I) Project No.: 1314 ❑ Shop Drawing (l Cut Sheet ❑ Other Description: Sub -Contractor: Remarks: *********************************************************** Reviewing Agency: (As checked below) Date Received Date Returned No. Copies Ret'd ❑ I R C Engineering Div. ❑ I R C Utilities Services Remarks: *********************************************************** IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 1801 27th Street No. Copies Ret'd Vero Beach, FI. 32960 Remarks: Distribution of Copies: IRC Engineering Division Office File Field Office File 01340 - Submittal of Shop Drawings.doc 01340-4 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th SMdmin\bid documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings E. All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this stamp of approval will not •e reviewed by the ENGINEER and will be returned to CONTRACTOR. F Assign a number to each submittal starting with No. 1 and thence numbered consecutively. Identify resubmittals by the original submi al number followed by the suffix "A" for the first resubmittal, the suffix ":" for the second resubmittal, etc. G. Initially submit to ENGINEER a minimum of six (6) copies of all sub ittals that are on 11 -inch by 17 -inch or smaller sheets (no less than 8 1/2 -inch x 11 -inch), and one unfolded sepia and 2 prints made from that sepia or all submittals on sheets larger than 11 -inch by 17 -inch. H. After ENGINEER completes his review, Shop Drawings will be mark -d with one of the following notations: 1. Approved 2. Approved as Corrected 3. Approved as Corrected Resubmit 4. Revise and Resubmit 5. Not Approved I. If a submittal is acceptable, it will be marked "Approved" or "Approv: d as Corrected". Three (3) prints or copies of the submittal will be return: d to CONTRACTOR. J. Upon return of a submittal marked "Approved" or "Approved as Corrected", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corre tions indicated. K. If a Shop Drawing marked "Approved as Corrected" has extensive corrections or corrections affecting other drawings or Work, ENGIN: ER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes. Such drawini s will have the notation, "Approved as Corrected - Resubmit." L. If a submittal is unacceptable, three (3) copies will be returned to CONTRACTOR with one of the following notations: 1. "Revise and Resubmit" 2. "Not Approved" 01340 - Submittal of Shop Dr. ings.doc 01340-5 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents \01340 - Submittal of Shop Drawings.doc 01340 — Submittal of Shop Drawings M. Upon return of a submittal marked "Revise and Resubmit", make the corrections indicated and repeat the initial approval procedure. The "Not Approved" notation is used to indicate material or equipment that is of acceptable. Upon return of a submittal so marked, repeat the initial approval procedure utilizing acceptable material or equipment. N. Any related Work performed or equipment installed without an "App oved" or "Approved as Corrected" Shop Drawing will be at the sole responibility of the CONTRACTOR. O. Submit Shop Drawings well in advance of the need for the material I r equipment for construction and with ample allowance for the time re. uired to make delivery of material or equipment after data covering such i approved. CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of S op Drawings. Materials or equipment will not be included in periodic pr•gress payments until approval thereof has been obtained in the specified manner. P. ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this, for the Shop Drawings •eing revised and resubmitted, and for time required to return the approv d Shop Drawings to CONTRACTOR. Q. Furnish required submittals with complete information and accurac in order to achieve required approval of an item within three submittal •.. All costs to ENGINEER involved with subsequent submittals of Shop Drawings, Samples or other items requiring approval, will be back- harged to CONTRACTOR in accordance with the General Conditions and t e Supplementary Conditions. If the CONTRACTOR requests a subst tution for a previously approved item, all of ENGINEER'S costs in the revi -wing and approval of the substitution will be back -charged to CONTRAC OR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + 01340 - Submittal of Shop D awings.doc 01340-6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.1 SCOPE A. Provide all construction equipment and facilities and temporary con rots required to satisfactorily complete the work represented on the Dra ings and described in the Specifications. 1.2 RESPONSIBILITY A. All construction facilities and temporary controls remain the prope of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site. B. All false work, scaffolding, ladders, hoistways, braces, pumps, roa•ways, sheeting, forms, barricades, drains, flumes, and the like, any of whi h may be needed in construction of any part of the work and which are no herein described or specified in detail, must be furnished, maintained and removed by the CONTRACTOR, who is responsible for the safety - nd efficiency of such work and for any damage that may result from the it failure or from their improper construction, maintenance or operatio C. In accepting the Contract, the CONTRACTOR assumes full respon . ibility for the sufficiency and safety of all hoists, cranes, temporary struct res or work and for any damage which may result from their failure or thei improper construction, maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims, suits •r actions and damages or costs of every description arising by reaso of failure to comply with the above provision. 1.3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1. Provide a temporary water service as required for all constru tion purposes and pay for all water used. 2. Furnish potable drinking water in suitable dispensers and wi h cups for use of all employees at the job. 3. Provide all temporary piping, hoses, etc., required to transp•rt water to the point of usage by all trades. 4. When temporary water service is no longer required, remov: all temporary water lines. 01520-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents aster Contract Documents\01520 - Construction Facilities.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office Maintain these during the entire period of construction under his Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the ne ds of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requir: ments of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet hese requirements. Upon completion of work, remove the facilitie- from the premises. 1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contra t, but the CONTRACTOR shall provide inspection of work area daily and shall t.ke whatever measures are necessary to protect the safety of the public, work en, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with th- work of this Contract. In dry weather, spray dusty areas daily with water in orde to control dust. Take necessary steps to prevent the tracking of mud onto a• jacent streets and highways. 1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities, services, and controls and legall dispose of them as soon as the work is complete. The areas of the site u .ed for temporary facilities shall be properly reconditioned and restored to a cond tion acceptable to the OWNER. + + END OF SECTION + + 01520-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th StWdmin\bid documents aster Contract Documents\01520 - Construction Facilities.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing a I programs, and taking all actions necessary to protect the Work and all pu • lic and private property and facilities from damage as specified in the Genera Conditions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, sa e manner that will not unduly interfere with the progress of the Work or he Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject t injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are con istent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris c- used by construction operations, so that at all times, the site of the Work p esents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, • r temporary stairs and ramps, around excavations, elevated walkways : nd other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately -owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private pro facility on or adjacent to the site. If any direct or indirect damage is done on account of any act, omission, neglect or misconduct in the execution o Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, expense, to a condition equal to or better than that existing before the da was done. 11 erty or y or the t its age 1.2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway, right-of-way, or publ c place, provide barricades, fences, lights, warning signs, danger signals, and watchmen, and take other precautionary measures for the protection of perso s or property and of the Work. Paint barricades so they are visible at night. From .unset to sunrise, furnish and maintain at least one light at each barricade. Erect su 'icient barricades to keep vehicles from being driven on or into Work under construction. Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR' responsibility for the maintenance of barricades, signs, lights, and for providin watchmen shall continue until OWNER accepts the Project. 0 01541-1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Miiling_90th St to 94th St\Admin\bid documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.3 TREE AND PLANT PROTECTION A. Protect existing trees, shrubs and plants on or adjacent to the site that ar shown or designated to remain in place against unnecessary cutting, breking or skinning of trunk, branches, bark or roots. B. Do not store or park materials or equipment within the drip line. C. Install temporary fences or barricades to protect trees and plants in areas subject to traffic. D. Fires shall not be permitted under or adjacent to trees and plants. E. Within the limits of the Work, water trees and plants that are to remain, in •rder to maintain their health during construction operations. F. Cover all exposed roots with burlap and keep it continuously wet. Cover . II exposed roots with earth as soon as possible. Protect root systems from mechanical damage and damage by erosion, flooding, run-off or noxious materials in solution. G. If branches or trunks are damaged, prune branches immediately and prot: ct the cut or damaged areas with emulsified asphalt compounded specifically fo horticultural use. H. Remove all damaged trees and plants that die or suffer permanent injury . n replace them with a specimen of equal or better quality. I. Coordinate Work in this Section with requirements of other sections herei 1.4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements, which could be damaged by construction activities. The CONTRACTOR shall repair any irrigation syst: ms damaged by construction activities within two (2) days. Irrigation systems partially within the right-of-way of 107th Avenue, 104th Avenue, 91st Street . nd all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality. The CONTRACTOR .hall be responsible for maintaining the functionality of the remaining portion of he system if it should fall outside of the right-of-way. 01541-2 F:\Public Works\ENGINEERING D VISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master 1 ontract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.5 PROTECTION OF EXISTING STRUCTURES A. Underground Structures: 1 Underground structures are defined to include, but not be limited to, ..II sewer, water, gas, and other piping, and manholes, chambers, electr cal conduits, tunnels and other existing subsurface work located within o adja- cent to the limits of the Work. 2. All underground structures known to ENGINEER except service connections for water, sewer, electric, and telephone are shown. Thi information is shown for the assistance of CONTRACTOR in accord.nce with the best information available, but is not guaranteed to be corre• or complete. The existing utilities shown on the Contract Drawings are I.cated according to the information available to the ENGINEER at the time t e Drawings were prepared and have not been independently verified b the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown re accurate. The locations shown are for bidding purposes only. Findin the actual location of any existing utilities is the CONTRACTOR's respon . ibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any a d all damages, which might be occasioned by the CONTRACTOR's failur: to exactly locate and preserve any and all underground utilities. The 0 NER or ENGINEER will assume no liability for any damages sustained or •osts incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regardi g the method to use for such work. 3. Contact the various utility companies which may have buried or aeria utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to m nimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utili Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24-hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRAC OR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 01541-3 F:\Public Works\ENGINEERING PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Documents\01541 - Protection of Property.doc [VISION ontract SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 6. Explore ahead of trenching and excavation work and uncover all obst ucting underground structures sufficiently to determine their location, to prev-nt damage to them and to prevent interruption of the services which suc structures provide. If CONTRACTOR damages an underground struc ure, restore it to original condition at CONTRACTOR's expense. 7. Necessary changes in the location of the Work may be made by ENGINEER, to avoid unanticipated underground structures. 8. If permanent relocation of an underground structure or other subsurfa e facility is required and is not otherwise provided for in the Contract Documents, ENGINEER will direct CONTRACTOR in writing to perfor the Work, which shall be paid for under the provisions of Article 11 of the General Conditions. B. Surface Structures: 1. Surface structures are defined as structures or facilities above the ground surface. Included with such structures are their foundations and any extension below the surface. Surface structures include, but are not I mited to, buildings, tanks, walls, bridges, roads, dams, channels, open drain_ge, piping, poles, wires, posts, signs, markers, curbs, walks and all other acil- ities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the I mits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used ave been approved by the party owning same. 2. Assume all risks attending the presence or proximity of all undergrou d and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for I irect or indirect injury caused by its Work to any structure. CONTRACTO' shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure. D. All other existing surface facilities, including but not limited to, guard rails, guard cables, signs, poles, markers, and curbs which are temporarily rem facilitate installation of the Work shall be replaced and restored to their ori condition at CONTRACTOR'S expense. 0 01541-4 F:\PublicWorks\ENGINEERING PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master Documents\01541 - Protection of Property.doc u • osts, ved to inal IVISION ontract SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A. The CONTRACTOR shall be responsible for and make good all damage t pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. B. Information shown on the Drawings as to the location of existing utilities h. s been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this CONTRACTO"'s responsibility to determine the location, character and depth of any existin utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate : n possibility of any damage to utilities resulting from his activities. 1.7 ADJUSTMENTS OF UTILITY CASTINGS, COVERS AND BOXES A. All existing utility castings, including valve boxes, junction boxes, manhole-, pull boxes, inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them fl sh with the surface of the finished work. B. The CONTRACTOR shall coordinate the utilities to ensure proper construc ion sequencing. CONTRACTOR shall make available survey reference marke s to the various utility companies. + + END OF SECTION + + 01541-5 F:\Public Works\ENGINEERING DI ISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Master C•ntract Documents\01541 - Protection of Property.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS 1.1 GENERAL A. Provide all temporary construction roads, walks and parking areas require• during construction and for use of emergency vehicles. Design and maint- in temporary roads and parking areas so they are fully usable in all weather conditions. B. Prevent interference with traffic and the OWNER's operations on existing reads. Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR's operations over these roads. C. Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER. D. Remove temporary roads, walks and parking areas prior to final acceptan «e and return the ground to its original condition, unless otherwise required by the Contract Documents. 1.2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earth or other excava -d material spilled from trucks shall be removed immediately by the CONTRA TOR and the streets cleaned to the satisfaction of the Owner. 1.3 USE OF PUBLIC STREETS FOR HAUL ROADS A. Prior to construction, the CONTRACTOR shall designate all propose•. haul roads to be used during the life of the project. Any earth or other mat- rials spilled from trucks shall be removed by the CONTRACTOR and stree s cleaned to the satisfaction of the Owner. He further shall be responsi.Ie for repairs to any damages caused by his operations, prior to final payment. B. All trucks carrying earth shall be covered while moving with an appro•riate tarpaulin. Should trucks hauling earth fail to cover their loads, the CONTRACTOR will be given two (2) written warnings, after which the CONTRACTOR shall pay a fine of $50 per uncovered truck to the 0 ner when invoked by the Owner to Owner's Engineer. All cleanup shall b - the responsibility of the CONTRACTOR. C. All trucks/moving equipment shall have backup warning horns in prop working order while on the job site. + + END OF SECTION + + 01550 Ac :ss Roads 01550-1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents \Mast -r Contract Documents\01550 - Access Roads.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1.1 GENERAL A. Make all arrangements for transportation, delivery and handling of equipm-n and materials required for prosecution and completion of the Work. B. Shipments of materials to CONTRACTOR or Subcontractors shall be deli ered to the site only during regular working hours. Shipments shall be address -d and consigned to the proper party giving name of Project, street number and c ty. Shipments shall not be delivered to OWNER except where otherwise dire ted. C. If necessary to move stored materials and equipment during construction, CONTRACTOR shall move or cause to be moved materials and equipme t without any additional compensation. 1.2 DELIVERY A. Arrange deliveries of products in accord with construction schedules and i ample time to facilitate inspection prior to installation. B. Coordinate deliveries to avoid conflict with Work and conditions at site an accommodate the following: 1. Work of other contractors, or OWNER. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. OWNER'S use of premises. 11 t C. Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER. D. Do not have products delivered to site until required storage facilities hav: been provided. E. Have products delivered to site in manufacturer's original, unopened, lab led containers. Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work. 01610-1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Admin\bid documents\Mast=rContract Documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMEN F. Partial deliveries of component parts of equipment shall be clearly marke identify the equipment, to permit easy accumulation of parts, and to facilit assembly. 1 to to G. Immediately on delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents and revi-wed submittals. 2. Quantities are correct. 3. Containers and packages are intact, labels are legible. 4. Products are properly protected and undamaged. 1.3 PRODUCT HANDLING A. Provide equipment and personnel necessary to handle products, includin those provided by OWNER, by methods to prevent soiling or damage to products or packaging. B. Provide additional protection during handling as necessary to prevent scr., ping, marring or otherwise damaging products or surrounding surfaces. C. Handle products by methods to prevent bending or overstressing. D. Lift heavy components only at designated lifting points. E. Materials and equipment shall at all times be handled in a safe manner a d as recommended by manufacturer or supplier so that no damage will occur t them. Do not drop, roll or skid products off delivery vehicles. Hand carry r use suitable materials handling equipment. + + END OF SECTION + + 1 • 01610-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documentsWaste Contract Documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1.1 GENERAL A. Store and protect materials and equipment in accordance with manufact rer's recommendations and requirements of Specifications. B. Make all arrangements and provisions necessary for the storage of mate ials and equipment. Place all excavated materials, construction equipment, nd materials and equipment to be incorporated into the Work, so as not to i jure any part of the Work or existing facilities, and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Keep materials and equipment neatly and compactly store • in locations that will cause a minimum of inconvenience to other contractor •., public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. C. Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER. D. Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quali and fitness of the Work, including proper protection against damage by extre e temperatures and moisture. E. Do not use lawns, grass plots or other private property for storage purpo.es without written permission of the OWNER or other person in possession or control of such premises. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. G. Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified. H. When appropriate store materials on wood blocking so there is no conta t with the ground. + + END OF SECTION + + 01611-1 01611—Storage of Materia F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th SMdmin\bid documents\Ma ter Contract Documents\01611 - Storage of Materials.doc SECTION 01630 SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and Or -Equals," of the General Conditions, and .hall contain complete data substantiating compliance of the proposed substit tion with the Contract Documents. 1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by refere ce standard, select product meeting that standard by any manufacturer, fabr cator, supplier or distributor (hereinafter manufacturer). To the maximum exten possible, provide products of the same generic kind from a single source. B. For products specified by naming several products or manufacturers, sel-ct any one of the products or manufacturers named which complies with Specifi.ations. C. For products specified by naming one or more products or manufacturers and stating "or equivalent," submit a request for a substitution for any product •r manufacturer which is not specifically named. D. For products specified by naming only one product or manufacturer and f (lowed by words indicating that no substitution is permitted, there is no option an no substitution will be allowed. • 0 E. Where more than one choice is available as a CONTRACTOR's option, s-lect product which is compatible with other products already selected or speci led. 1.3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time ENGINEER will consider written requests from CONTRACTOR for substit tion of products or manufacturers, and construction methods (if specified). 1. After end of specified period, requests will be considered only in ase of unavailability of product or other conditions beyond control of CONTRACTOR. B. Submit 5 copies of Request for Substitution. Submit a separate request f r each substitution. In addition to requirements set forth in Article 6.05 of Genera I Conditions, include in the request the following: 1. For products or manufacturers: a. Product identification, including manufacturer's name and am dress. b. Manufacturer's literature with product description, performa ce and test data, and reference standards. • 01630-1 01630 Substituti 'ns F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 --107th Ave Milling_90th St to 94th St\Admin\bid documents\Ma ter Contract Documents\01630 - Substitutions.doc c. Samples, if appropriate. d. Name and address of similar projects on which product was sed, and date of installation. 2. For construction methods (if specified): a. Detailed description of proposed method. b. Drawings illustrating method. 3. Such other data as the ENGINEER may require to establish that he proposed substitution is equal to the product, manufacturer or m:thod specified. C. In making Request for Substitution, CONTRACTOR represents that: 1. CONTRACTOR has investigated proposed substitution, and det: r - mined that it is equal to or superior in all respects to the product, manufacturer or method specified. 2. CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product, manufacturer, or method specified. 3. CONTRACTOR waives all claims for additional costs or extensio of time related to a proposed substitution that subsequently may be ome apparent. D. A proposed substitution will not be accepted if: 1. Acceptance will require changes in the design concept or a subst: ntial revision of the Contract Documents. 2. It will delay completion of the Work, or the work of other contract u rs. 3. It is indicated or implied on a Shop Drawing and is not accompan ed by a formal Request for Substitution from CONTRACTOR. E. If the ENGINEER determines that a proposed substitute is not equal to th t specified, furnish the product, manufacturer, or method specified at no adoitional cost to OWNER. F. Approval of a substitution will not relieve CONTRACTOR from the require ent for submission of Shop Drawings as set forth in the Contract Documents. G. The procedure for review by Engineer will include the following: 1. Requests for review of substitute items of material and equipment ill not be accepted by Engineer from anyone other than CONTRAC OR. 2. Upon receipt of an application for review of a substitution, Engine:r will determine whether the review will be more extensive than a norm.l shop drawing review for the specified item. 3. If the substitution will not require a more extensive review, Engine -r will proceed with the review without additional cost to CONTRACTOR. 01630-2 01630 Substitutio s F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St'Admin\bid documents\Mas r Contract Documents\01630 - Substitutions.doc 4. If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5. Engineer may require CONTRACTOR to furnish at CONTRACTO expense additional data about the proposed substitute. 10 H. Any redesign of structural members shall be performed by, and the plans igned and sealed by, a Professional Engineer registered in the State of Florida. he redesign shall be at the CONTRACTOR's expense. Any redesign will req ire an extensive review by the Engineer. The CONTRACTOR must agree to rei burse the Owner for the review cost prior to the Owner's Engineer proceeding wi h the design review. The ENGINEER's estimated cost of review shall be provid •d to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. I. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTS R shall not order, install, or utilize any substitution without either an execute• Change Order or Engineer's notation on the reviewed shop drawing. Own r may require CONTRACTOR to furnish at CONTRACTOR's expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substi utions proposed by CONTRACTOR and in making changes in the Contract Doc ments occasioned thereby. Whether or not a proposed substitute is sued, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. J. Substitute materials or equipment may be proposed for acceptance in accordance with this Section. In the event that substitute materials or equipment are used and are less costly than the originally specified material or equip ent, than the net difference in cost shall benefit the Owner and CONTRACTO in equal proportions. This cost difference shall not be reduced by any failur: of the CONTRACTOR to base his bid on the named materials or equipment. + + END OF SECTION + + 01630-3 01630 Substituti. ns F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents\Ma er Contract Documents\01630 - Substitutions.doc SECTION 01710 SITE CLEANUP AND RESTORATION 1.1 SCOPE Furnish all labor, equipment, appliances, and materials required or necessary to clean up and restore the site after the construction is completed. 1.2 REQUIREMENTS A. During the progress of the project, keep the work and the adjacent : reas affected thereby in a neat and orderly condition. Remove all rubbis , surplus materials, and unused construction equipment. Repair all damage so that the public and property owners will be inconvenien.ed as little as possible. B. Provide onsite containers for the collection of waste materials, debr s, and rubbish and empty such containers in a legal manner when they be ome full. C. Where material or debris has been deposited in watercourses, ditc es, gutters, drains, or catch -basins as a result of the CONTRACTOR's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the d tches, channels, drains, etc., shall be kept clean and open at all times. D. Before the completion of the project, unless otherwise especially di ected or permitted in writing: 1. Tear down and remove all temporary buildings and structure., 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbish from any grounds occupied; and 4. Leave the roads, all parts of the premises, and adjacent pro•erty affected by construction operations, in a neat and satisfacto condition. E. Restore or replace any public or private property damaged by const uction work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of the operations. To thiend, the CONTRACTOR shall restore all highway, roadside, and landscping work within any right-of-way, platted or prescriptive. Acceptable ma erials, equipment, and methods shall be used for such restoration. F Thoroughly clean all materials and equipment installed and on com of the work, deliver the facilities undamaged and in fresh and new - appearing condition. 1 letion 01710 Si e Cleanup 01710-1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St'Admin\bid documents\Master Contract Documents\01710 - Site Cleanup.doc G. It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items distur destroyed, or damaged during construction. Particular attention wil placed on restoration of canals to equal or better condition than pri construction. 1 1 ed, be r to H. When finished surfaces require cleaning with cleaning materials, u e only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning ma erials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. Keep the amount of dust produced during construction activities to minimum. At CONTRACTOR's expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction operations so that dust and other contaminants will no fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, ENGINEER, and CONTRACTOR s all review the site with regards to site cleanup and restoration. Clean and/or estore all items determined to be unsatisfactory by the OWNER or ENGINEER, .t no additional expense. + + END OF SECTION + + 01710 Si e Cleanup 01710-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th StWdmin\bid documents\Master Contract Documents\01710 - Site Cleanup.doc SECTION 01820 Post Final Inspection 1.1 GENERAL A. Approximately one year after Final Completion, the OWNER will make arrangements with the Construction Coordination Manager and the CONTRACTOR for a post final inspection and will send a written notice to .aid parties to inform them of the date and time of the inspection. B. Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13, General Conditions. C. After the inspection, the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds. 001820 - Post Final Inspection re 05-13.doc 001820 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St\Admin\bid documents Contract Documents\001820 - Post Final Inspection rev 05-13.doc aster t DIVISION 2 TECHNICAL PROVISIONS SECTION NO. 00001 Technical Specifications SECTION NO. 00004 Scope of Work SECTION NO. 00101 Mobilization SECTION NO. 00102 Maintenance of Traffic SECTION NO. 00104 Prevention, Control, and Abatement of Erosion and Water Pollution SECTION NO. 00110 Clearing and Grubbing SECTION NO. 00120 Excavation and Embankment SECTION NO. 00160 Stabilization SECTION NO. 00283 Reclaimed Asphalt Pavement SECTION NO. 00400 Concrete Structures SECTION NO. 00415 Reinforcing Steel SECTION NO. 00425 Inlets, Manholes and Junction Boxes SECTION NO. 00430 Pipe Culverts SECTION NO. 00570 Performance Turf SECTION NO. 00700 Highway Signing SECTION NO. 00711 Thermoplastic Striping SECTION NO. 1000 Water and Sewer Utilities F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th StWdmin\bid documents\Master C Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08.doc ntract SECTION - 1- Technical Specifications STANDARD SPECIFICATIONS A. All work of this Contract shall conform to the applicable technical spec' Florida Department of Transportation Standard Specifications for Road Construction, 2014, and Supplemental Specification, Special Provisions a thereto, except as modified and supplemented hereinafter. Referenc numbers herein -after apply to the FDOT Standard Specifications, and r FDOT Standard Specifications to Department shall be taken as the 0 appointed Representative. Wherever the Specifications, Supplemental refer to the "Owner", "Department", "State of Florida Department of Tran or words relating to offices of State Government, such words shall b meaning Owner or Indian River County, Florida. Wherever the wor Engineer", "District Engineer", "Engineer", "Project Engineer", etc., appear taken to mean the Registered Professional Project Engineer of the I County Public Works Department, Engineering Division acting directly or t authorized representatives. Wherever the word "Resident Engineer" app be taken to mean an authorized representative of the Owner's Engineer o (Resident Construction Inspector) who will act as an agent for Indian Ri assigned to observe the progress quantity and quality of the work. The work to be performed per sheet Bid item 1643-700 and all other utili conform to the applicable technical specifications of Indian River County De Utility Services, Water, Wastewater, Utility Standards Dated March, 201 The work to be performed per line items 700 through 711 shall conf applicable standards of Indian River County Typical Drawings for Paveme Signing & Geometrics Dated July, 2011. SECTION — 4 - SCOPE OF WORK Section 4-3.9 Value Engineering Incentive is deleted in its entirety. SECTION —101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida De Transportation Standard Specifications for Road and Bridge Construction. (201 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 101-1 - Mobilization - Lump Sum ications of nd Bridge d addenda to Article ference in ner or its , etc. may portation", taken as "Owner's , it shall be dian River rough duly ars, it shall the Project er County, • work shall artment of rm to the t Markings, • artment of Edition) 01025-1 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling 90th St to 94th St\Admin\bid documents Master Contract SECTION -102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida De•artment of Transportation Standard Specifications for Road and Bridge Construction (2014 Edition), except as modified herein. A. GENERAL PROVISIONS -DESCRIPTION: The work specified in this Secti of maintaining traffic within the limits of the project for the duration of the c period, including any temporary suspensions of the work. It shall i construction and maintenance of any necessary detour facilities; the p necessary facilities for access to residences, businesses, etc., along the furnishing, installing and maintaining of traffic control and safety devi construction, the control of dust through the use of calcium chloride if nec any other special requirements for safe and expeditious movement of traffi called for on the plans. The term, Maintenance of Traffic, as used herein, s all of such facilities, devices and operations as are required for the convenience of the public as well as for minimizing public nuisance; all as this Itemized Section 14 of these provisions and Paragraph 24 in General Section. B. BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Cont present his Maintenance of Traffic Plan at the pre -construction confer Maintenance of Traffic Plan shall indicate the type and location of all si barricades, striping and barriers to be used for the safe passage of pede vehicular traffic through the project and for the protection of the workmen will indicate conditions and setups for each phase of the Contractor's acti When the project plans include or specify a specific Maintenance of T alternate proposals will be considered when they are found to be equal than the plan specified. • n consists nstruction clude the oviding of roject; the es during ssary, and as may be all include afety and pecified in Conditions • actor shall nce. The • ns, lights, .trians and . The plan ities. affic Plan, o or better In no case may the Contractor begin work until the Maintenance of Traff c Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing. Ex ept in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. The cost of all work included in the Maintenance of Traffic Plan shall be inc uded in the pay item for Maintenance of Traffic. The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at nighttime, of the installa ions on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised oft e schedule of these inspections and be given the opportunity to join in the inspection ais deemed necessary. C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards or Design, Construction, Maintenance and Utility Operations On The State Highway System, Edition as dated on the plans set forth the basic principles and prescribeminimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barrier • which are 01025-2 Technical Specifi tions F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents Master Contract necessary to protect the public and workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers or other safety devices will be required where unusual, complex or particularly hazardous conditions exist. The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (MUTCD). D. TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS - INSTALLATION: The responsibility for installation and maintenance of adequate traffic control devices, warning devices and barriers, for the protection of the travel in public and workmen, as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove, turn or cover any devices or barriers which do not apply to existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. E. NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F. Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 107th Avenue, 104th Avenue and 91st Street at all times. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 102-1 - Maintenance of Traffic - Lump Sum 01025-3 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling 90th St to 94th St\Admin\bid documents Master Contract SECTION - 104 — PREVENTION, CONTROL, AND ABATEMENT OF EROSIO AND WATER POLLUTION PART 1 — GENERAL 1.1 SCOPE A. This Section covers erosion control and the treatment of dewatering water and runoff from the construction site and work area. The pollution control mea prevent turbid or otherwise polluted waters from being discharged from the c site or work area, to undeveloped portions of the site or off-site. B. The OWNER considers pollution from dewatering water and stormwater ru construction site or work area to be a very serious offense. The CONT solely responsible for preventing pollution caused by dewatering water and runoff from the construction site or work area. C. The pollution control measures specified herein represent minimum stand adhered to by the CONTRACTOR throughout the Project's construction. Th reserves the right to require the CONTRACTOR to employ additional pollu measures, when in the sole opinion of the OWNER, they are warranted. If s conditions require additional erosion and stormwater pollution control measure phase of construction or operation to prevent erosion or to control sedime pollution, beyond those specified in the Drawings or herein, implement add management practices as necessary, in accordance with Chapter 4, "Best M. Practices for Erosion and Sedimentation Control" of the Florida Erosion an• Control Inspector's Manual, and other references as may be required by permits. (http://www.dep.state.fl.us./water/nonpoint/docs/erosion/erosion-i manual.pdf) D. The OWNER may terminate this Contract if the CONTRACTOR fails to com Section. Alternatively, the OWNER may halt the CONTRACTOR's operatio CONTRACTOR is in full compliance with this Section. If the OWNE CONTRACTOR's work as a result of its failure to comply with this Section, the C Contract time clock will continue to run. E. In addition to these Specifications, comply with Chapter 4 - "Best Manageme for Erosion and Sedimentation Control" and Chapter 5 — "Best Management P Dewatering" of the Florida Erosion and Sediment Control Inspector's Manual. of a conflict between the referenced Chapters and these Specifications, the mo requirement shall prevail. 1.2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A. The OWNER has obtained certain permits for this project and they a paragraph SC -6.08 of the Supplementary Conditions. Per paragraph SC -6. Supplementary Conditions, the CONTRACTOR shall apply for, obtain, an other required permits, licenses, sampling, and tests. Permits the CONTRA need to secure may include but not be limited to: 1. Long-term and/or short-term dewatering permit as required by the River Water Management District (SJRWMD). Generally, only the permit is required. Contact SJRWMD at (321) 984-4940 to deter 01025-4 Technical Specifi F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents\ tormwater ures shall nstruction off from a CTOR is tormwater : rds to be - OWNER ion control ite specific during any t or other tional best nagement Sediment regulatory spectors- ly with this s until the halts the nstruction t Practices actices for the event e stringent e listed in 08.0 of the pay for all TOR may St. Johns short-term ine which tions aster Contract permit is required and the associated statutory requirements; 2. SJRWMD RDS -50 Permit (required); 3. The State of Florida Generic Permit for Stormwater Discharge Fro and Small Construction Activities (required). Contact the Florida 1 of Environmental Protection (FDEP) at (866) 336-6312 (toll free) o 245-7522 or www.dep.state.fl.us/water/stormwater/npdes/ 4. FDEP's Uncontaminated Groundwater Release Permit (required if dewatering occurs). This permit requires water quality testing by a certified laboratory. B. Provide copies of all permits to the OWNER and ENGINEER and comply with al contained in all permits at no extra cost to the OWNER. If there is a conflict b: permit requirement and these Specifications, the more stringent spec' requirement shall govern. C. In addition to paying for all permit fees, CONTRACTOR shall also pay for all w sampling and laboratory tests required by any permit. 1.3 GENERAL A. Do not begin any other construction work until the pollution control an• system has been constructed in accordance with approved plans and p approved for use by the OWNER and applicable permitting authorities. B. From time to time, the OWNER or ENGINEER will inspect the pollution treatment system and may take effluent samples for analysis by a testing selected and paid for by the OWNER. If at any time, the OWNER or : determines that the pollution control and treatment system is not in com the approved system, the OWNER or ENGINEER will shut the portion of down that is not in compliance, and it shall remain shut -down until the pollu and treatment system is properly constructed or repaired, and compli: approved pollution control and treatment system plans and specifications 1 C. Schedule construction to minimize erosion and stormwater runoff from the c site. Implement erosion control measures on disturbed areas as soon as pr portions of the site where construction activities have temporarily or p ceased, but in no case more than 7 days after the construction activity in th. the site has temporarily or permanently ceased. In addition to othertempor control measures that may be implemented, application of polyacrylamide on all such disturbed areas within 7 days after the construction activity in th. the site has temporarily or permanently ceased, unless final landscapin• installed. Polyacrylamide application shall be as specified herein. D. Inspect each pollution control system at least once per day and after e event. Clean and maintain each pollution control system as requi manufacturer or the OWNER, until the system is no longer needed. If a w violation occurs, immediately cease all work contributing to the water qual and correct the problem. E. Discharge shall not violate State or local water quality standards in th waters, nor cause injury to the public health or to public or private propert Work completed or in progress. The receiving point for water from c 01025-5 Technical Specifi F.\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Millina 90th St to 94th St\Admin\bid documents\ Large epartment (850) State conditions tween any 'cation or ter quality treatment rmits and ontrol and laboratory NGINEER liance with the project ion control s with the nstruction cticable in rmanently t portion of ry erosion is required t portion of has been ch rainfall red by its :ter quality ty violation receiving , nor to the nstruction tions aster Contract operations shall be approved by the applicable owner, regulatory agency, and the ENGINEER. F. Promptly repair all damage at no cost to the OWNER. 1.4 SUBMITTALS A. Shop Drawings: Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340. B. Stormwater Pollution Prevention Plan. 1.5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR INSTALLATION, AND MAINTENANCE A. State Certified Erosion Control Specialty Subcontractor is Required for Installation and Maintenance: Installation and maintenance of all erosion and stormwater pollution control devices, shall be by a State Certified erosion control subcontractor who specializes in the installation and maintenance of such devices. After installation, this specialty subcontractor shall maintain the erosion and stormwater pollution control devices until in the ENGINEER's sole opinion, the devices are no longer necessary (such time not to extend past the date the OWNER formally accepts the project as complete). Before beginning construction, submit to Indian River County for review and approval, a Stormwater Pollution Prevention Plan (SWPPP), prepared by the certified erosion control subcontractor. Construction shall not begin until the SWPPP has been approved by Indian River County. Submit the approved SWPPP to the ENGINEER before beginning construction. Include in the SWPPP, the "Contractor's Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site" (located at the end of this Section). 1.6 "POLLUTION" AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. With respect to this Section and as may be further defined in paragraphs 1.6.B, 1.6.C, and 1.6.D, "pollution" is the presence in off-site waters of any substances, contaminants, or manmade or human -induced impairment of off-site waters or alteration of the chemical, physical, biological, or radiological integrity of off-site water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property. Pollutants to be removed include but are not limited to, sediment and suspended solids, solid and sanitary wastes, phosphorus, nitrogen, pesticides, oil and grease, concrete truck washout, stucco mixer washout, curb machine washout, washout from other construction equipment, construction chemicals, and construction debris. B. When the Discharge is Directly Into an Existing Water Body, Pollution Occurs When.. An existing water body (including ditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time, the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is at least 29 nephelometric turbidity units (NTUs) higher than the turbidity of the background water upstream of the discharge point(s). [See Fla. Administrative Code 62-302.530] Exception: When the discharge is directly into or through an outfall discharging into "Outstanding Florida Waters," designated by Florida Statute 403.061(27), the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water. The ENGINEER 01025-6 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents\Master Contract or OWNER shall determine the locations where the turbidity is measured. C. When the Discharge is not Directly Into an Existing Water Body, Pollutjon Occurs When . . . In some instances, dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such as after traveling through pipes or by overland flow. Before construction commences, the Contractor will measure background levels of total suspended solids (TSS) and turbidity, in the immediate vicinity of the discharge water's ultimate discharge point into the receiving water body. If the discharge water's TSS and turbidity measurements exceed these pre -construction background values by 20 percent for TSS and 29 NTUs for turbidity, then the discharge from the CONTRACTOR's operations is defined to be polluted. D. Pollution Always Occurs When ... The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6.5 or greater than 8.5, or whenever any of the following is present in the discharge water: (1) Hazardous waste or hazardous materials in any quantity, (2) Any petroleum product or by-product in any quantity, (3) Any chemical in any quantity, or (4) Concentrated pollutants. E. Above paragraphs 1.6.B, 1.6.C, and 1.6.D do not in any way, limit the types of conditions in which pollution may be determined to occur. 1.7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A. In addition to the OWNER's specific remedies, if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site, the OWNER will immediately report the violations to the Indian River County Code Enforcement Board, SJRWMD, FDEP, Indian River Farms Water Control District (or other F. S. Chapter 298 Drainage District, as appropriate), and other pertinent regulatory or enforcement agencies. PART 2 - MATERIALS AND INSTALLATION 2.1 GENERAL A. Polyacrylamide: As required in Paragraph 1.3.C, place polyacrylamide (PAM) on bare ground to reduce the potential for erosion. PAM may also be used in water bodies to remove turbidity. Use the anionic form of polyacrylamide that does not stick to fish gills. For PAM information and its proper application, contact Applied Polymer Systems, Inc., (678) 494-5998, www.siltstop.com. B. Staked Silt Fences: 1. General: Use silt fences to control runoff from the construction site where the soil has been disturbed. 2. Installation: Install per the manufacture's recommendations and as specified herein. In general, install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes tl rough the silt fence fabric. All supporting posts shall be on the down-slope side of the fencing. Place the bottom of the fabric 6 -inches minimum, under compacted soil to prevent the flow of sediment underneath the fence. Place silt fences away from the toe of slopes. Otherwise, install in accordance with FDOT Index 01025-7 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents\Master Contract No. 102. 3. Product: All material shall be new and unused. Use FDOT Types II through IV silt fences where large sediment loads are anticipated, where slopes are 1:2 (vertical: horizontal) or steeper, or as directed by the ENGINEER; otherwise use FDOT Type III silt fence. (a) For FDOT Type III Silt Fence - ACF Environmental, Catalog No. 360800000, Florida DOT Silt Fence. U.S. Sieve = 30, tensile strength = 120 pounds. The heavy-duty filter fabric shall be pre -attached to 48 -inch long stakes on 6 -foot centers. (1-800-448-3636). (b) For FDOT Type IV Silt Fence, modify the above Catalog No. 360800000 to comply with FDOT Index No. 102. (c) Or equivalent. C. Turbidity Barriers: 1. General: Use turbidity barriers to control sediment contamination of rivers, lakes, ponds, canals, etc. 2. Installation: Install per the manufacturer's recommendations and per FDOT Index No. 103 unless directed otherwise by the ENGINEER. 3. Product: All material shall be new and unused. The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow. a. Parker Systems, Inc.(1-866-472-7537),model Type II or Type I b. Or equivalent. D. Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags: 1. Remove silt, sediment, and other particles from dewatering or pumping applications using a filter bag. The bag shall be manufactured using a polypropylene non -woven geotextile and sewn by a double -needle machine, using a high strength nylon thread. The bag shall have a fill spout large enough to accommodate a 4 -inch pump discharge hose. Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many filter bags as required, at no additional cost to the OWNER. Legally dispose of the bags offsite, at no cost to the OWNER. If the bags are placed on aggregate to facilitate filtration efficiency, do not use limerock aggregate. 3. Product: The filter bag shall be supplied with lifting straps. a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental, Inc. (1-800-448-3636). b. "DANDY DEWATERING BAG" supplied by Dandy Products, Inc. (1-800-591-2284). c. Or equivalent. E. Curb Inlet Protection: 1. Filter stormwater before it enters curb inlets. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. The length of the curb inlet filtration device shall be at least 2 -feet longer than the curb inlet opening. a. "GUTTERBUDDY," supplied by ACF Environmental, Inc. (1-800-448- 3636). b. Or equivalent. 01025-8 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents\Master Contract F Catch Basin Protection: 1. Filter stormwater before it enters catch basins (drop inlets). The shall be manufactured from woven polypropylene geotextile and double -needle machine, using a high strength nylon thread. The s. manufactured to fit the opening of the catch basin or drop inlet and i the following features: two dump straps attached at the bottom emptying; lifting loops as an integral part of the system to be use sack from the basin; and a colored restraint chord approximately hal sack to keep the sides away from the catch basin walls. The color chord shall also serve as a visual means of indicating when the sac emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as req ired, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. a. "SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1-800- 448-3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. ( -800-579- 8819). c. Or equivalent. ilter "sack" sewn by a ck shall be shall have o facilitate to lift the ay up the d restraint should be G. Construction Site Egress Driveways: Minimize the transport of sediment a the construction site or work area by vehicle wheels. Construct a crushed r surface at the vehicle exit point(s). Provide an area large enough to r sediment and soil from vehicle wheels before the vehicle leaves the const or work area. Provide wash -down stations as required to wash vehicle tire all washwater on-site. Do not use limerock. H. Rock and Stone for Erosion Control and Pollution Control and Treatment: 1. Crushed Limerock: Crushed limerock shall not be used circumstance. 2. Acceptable Material: FDOT #4 non -calcareous aggregate (usuall washed and meeting the requirements of FDOT Standard Specifi Road and Bridge Construction, Section 901. Hay Bales: Hay bales shall not be used. PART 3 - EXECUTION d soil from ick driving move the uction site and retain nder any granite), ations for A. Design, construct, and maintain the pollution control and treatment system t• minimize erosion and capture and remove pollutants from the construction site a d from all other areas disturbed by construction activities. B. Apply polyacrylamide only as directed by the polyacrylamide manufacture /supplier. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 104-1 — Erosion & Water Pollution Control - Lump Sum 01025-9 Technical Specifictions F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millino 90th St to 94th St\Admin\bid documents aster Contract CONTRACTOR'S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to Indian River County Project No. 1314 for Vero Lake Estates Asphalt Millings Project (Phase I) STATE OF COUNTY OF Personally before me the undersigned authority, appeared administered, stated as follows: 1. This sworn statement is submitted by the CONTRACTOR , who upon oath duly whose business address is and (if applicable) its Federal Identification No.(FEIN) is 2. My name is and my relationship to the entity named above is (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) 3. I understand and agrees that in addition to complying with the terms and conditions of the Stormwater Management System Permit issued by Indian River County, Contractor is responsible for complying with the terms and conditions of the following as applicable to the site: (a) State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger), (b) Stormwater Pollution Prevention Plan (regardless of project size), (c) St. Johns River Water Management District permit(s) (regardless of project size), (d) Florida Department of Environmental Protection permit(s) (regardless of project size), (e) All other permits required for this project not specifically listed herein, and (f) All Codes and Ordinances of Indian River County. 4. I understand and agrees that "pollution" as defined by Florida Statutes Chapter 403.031(7) includes: ". . . the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human -induced impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law." 01025-10 Technical Specifications F•\Pnhlire Wnrkc\FNnINFFRINf nivisi )N PRO.IFCTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents\Master Contract 5. I understand and agrees that in addition to the definition set forth in Item 4 abov "pollution" is also defined by Florida Administrative Code 62-302.530 and as m. further defined in the Indian River County permit(s). 6. I understand that Indian River County requires the design, installation, and main enance of proper erosion control measures at all times during construction until complete stabilization is achieved at the project site. Contractor understands that this req irement is for this project regardless of the project size. , y be 7. I understand that there are civil and criminal penalties for pollution listed in Flori Ch. 403.141 and Ch. 403.161 and that there are other penalties listed in Indian County's permits, including but not limited to, Indian River County issuing a Cea Desist Order for the project. Contractor understands that it may be liable for the other penalties if offsite pollution occurs as a result of activities associated with Project. 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one (21) days of any t ownership or control of the real property at which the permitted activity, fac system is located or authorized, the Contractor shall notify in writing, both t River County Engineering Division and the Indian River County Stormwate of the transfer. Contractor shall provide the name, mailing address, and to number of the transferee and a copy of the instrument effectuating the tra notification is in addition to notifying the County Attorney's Office as requir: County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Contract• provide (1) the information required in Item 8(a); (2) a written statement fro proposed transferee that it will be bound by all terms and conditions of the and (3) a new "Contractor's Affidavit" form properly executed by the transf= proper receipt of these items the County shall transfer the permit to the tra (c) Contractor is encouraged to request a permit transfer prior to the sale or le transfer of the real property at which a permitted facility, system, or activity or authorized. However, the transfer shall not be effective prior to the sale transfer. (d) An "Illicit Discharge Sign" must be present at the site at the time of transfe Replacement or additional signs may be obtained from the Indian River C. Public Works Department at a cost of $30.00 per sign. 11 a Statutes ' iver .e and se and he ansfer of lity, or e Indian Division ephone sfer. Said d by r must the permit; ree. Upon sferee. •al is located or legal unty 01025-11 Technical Specifi•ations F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents Master Contract Under penalty of perjury, Contractor declares that it has read the foregoing affidavit and the facts stated in it are true. Contractor: FURTHER AFFIANT SAYETH NAUGHT Authorized Signature: Printed Name: Date: (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owne The foregoing instrument was subscribed and sworn to before me this day of , 20_ by is personally known to me or has produced as identification and who did take oath. , who Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + 01025-12 Technical Specific FAPublic Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents\ tions aster Contract SECTION -110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida De•artment of Transportation Standard Specifications for Road and Bridge Construction. (2014) with the following modifications: A. Prior to any clearing and grubbing, the contractor will stake the ri!ht-of-way. Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetati•n, rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as dire •ted by the Engineer which are to remain undisturbed and protected. Stumps and rots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade. No stumps, roots, or perishable m atter of any description shall remain under concrete slabs or footing, including pav-ment and sidewalks. B. No trees shall be removed or relocated until the Engineer or his represe marked all trees to be saved, after a review of the project site with the 1 representative. C. Where the final pavement or structural work will be close to existing Contractor shall exercise care in the vicinity of the trees. Further, the Con saw cut along the edge of the outside limits of the stabilization, structure sidewalk to a minimum depth of 4 feet below the finish grade and • commercial grade pruning paint the ends of all sawn roots. If directed by t or where shown on the drawings, work shall be done by hand in order to trees. D. The Contractor shall exercise care when working in the vicinity of all tree so as to not damage or remove major root structures. The Contractor s hair or major root structures. All severed roots shall be sawn clean an pruning paint. Stumps, roots, etc., shall be completely removed and dis the Contractor. Undesirable, dead, and/or damaged trees (as so design Engineer) shall be removed. ntative has ontractor's trees, the ractor shall ubgrade or aint with a e Engineer protect the 0 E. All trees to be removed shall be disposed off site; burning will be strictly 0 F. All trees or shrubs which are to remain shall be preserved and prote Contractor. Where the removal of valuable trees or shrubs spe transplanting is required, this work shall be done in cooperation with the 0 no additional expense to the Owner. G. All items to be removed shall be excavated to their full depth. All culve from residential driveway entrances within the right-of-way shall become of the respective homeowner. Those homeowners not desiring the c donate them to the County free of charge. (See Paragraph C, Special The Contractor shall transport the culverts to the County's storage yar• castings for catch basins, manholes, or other structures shall be carefu and stored in the County's Storage Yard if they are deemed salvage Engineer. The excavated materials shall be removed from the job site and a location designated or approved by the Owner. Any culverts, struct 01025-13 Technical Specifi F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid document to remain all not pull paint with osed of by ted by the rohibited. ted by the ifically for ner and at s removed he property Iverts may Provisions) . All metal ly removed ble by the disposed in res or any ations \Master Contract material excavated or removed from the project site under clearing ani deemed unsalvageable by the Engineer shall be disposed of in a legal ma Contractor. Where required, suitable material as approved by the Enginee be backfilled and compacted to restore the original contour of the groun material shall be backfilled and compacted in accordance with Section 1 specifications. H. No additional payment will be made, nor will additional work, or change authorized for work needed to remove, relocate, protect, or otherwise aci the construction of the work depicted in the plans, for any feature, or item be apparent from a careful inspection of the site and review of the plans, e such feature or item is not specifically called out in the plans. It is therefor the contractor make such inspection and review. I. The unit price bid for this item shall include the cost of all labor, tools, and necessary to excavate, remove, and dispose of those items as direc Engineer and where designated on the Drawings. The cost of restoration and compaction for the specific area of removal shall also be included and Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 110-1-1 - Clearing and Grubbing - Lump Sum Bid Item No. 110-7-1 — Mailbox (Relocate) — Per Each grubbing ner by the shall then • . The fill 0 of these orders be ount for in hat would en though essential -quipment ed by the nd backfill rthis item. SECTION —120 - EXCAVATION AND EMBANKMENT A. Earthwork, including earthwork for drives outside the right-of-way limits, s all be paid for as embankment. Cost shall include all work specified in this sect on and Section 120 of the Standard Specifications. Such price and payment shall specifically include all cost of any roadway, lateral ditch or canal, and fina dressing operations. B. Earthwork quantities shall be considered as in-place material with no shri expansion factors. C. Subsoil Excavation - Any excavation below the proposed bottom elevation fill, isolated swale bottom locations, isolated locations for pipe installati approved by the engineer shall be paid for as subsoil excavation. Approxi of subsoil excavation is required in sublateral canals. Cost of r: embankment shall be included in cost of subsoil excavation. Contr coordinate with county representative prior to any subsoil excavation. D. Embankment - General Requirements for Embankment Materials: The fo added after the first paragraph of Subarticle 120-7.2: • 1 Roadway Design Standard Index No. 505, Embankment Utilization Details by the addition of the following: Any stratum or stockpile or soil which contains obvious pockets of hig ly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner. Backfill material containing more than 2.0% by weight of organic aterial, as determined by FM 1-T 267 and by averaging the test results for thre randomly kage or f the select ns and as ately 2.0 ft placement ctor shall lowing is is modified 01025-14 Technical Specifi F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents ations Master Contract selected samples from each stratum or stockpile of a particular material, s used in construction of the reinforced volume. If an individual test value o samples exceeds 3.0%, the stratum or stockpile will not be suitable for con the reinforced volume. all not be the three truction of No A-8 material permitted in embankment. E. Payment shall be made under: Bid Item No. 120-1 — Excavation, Regular (Roadway) — Per Cubic Yard Bid Item No. 120-6-1 - Embankment (Compacted in Place) - Per Cubic Y. rd SECTION — 160 - STABILIZATION A. Sub Article 160-5.1 is modified by the addition of the following: "The stabilization thickness indicated on plans shall be considered a minimum thickness. Thickness will vary to conform to the lines, and grades shown in he plans." Minimum L.B.R. = 40 - No under -tolerance. B. Payment shall be made under: Bid Item No. 160-4 - Type B Stabilization LBR40 (12") - Per Square Yard Bid Item No. 160-4A- Type B Stabilization LBR40 (6") (Shoulders) Per Sq are Yard SECTION - 283 — RECLAIMED ASPHALT PAVEMENT A. Description Construct a base course composed of reclaimed asphalt pavement (RAP) mate RAP material as a base course only on non -limited access paved shoulders, sh paths, or other non -traffic bearing applications. B. Materials Obtain the RAP material by either milling or crushing an existing asphalt pavem material so that 100% passes a 1" sieve and at least 97% (by weight) pass a 3/4 and is graded uniformly down to dust. The following procedure will be used for approval: 1. Conduct a minimum of six extraction gradation analyses of the RAP mat= samples at random locations in the stockpile. The average asphalt ceme of the six stockpile samples must be 4% or greater with no individual res 1/2%. 2. Request the Engineer to make a visual inspection of the stockpile of RA Based on this visual inspection of the stockpiled material and the results Contractor's extraction gradation analyses, the Engineer will determine t suitability of the materials. 3. The Engineer may require crushing of stockpiled material to meet the gr. criterion. Perform all crushing before the material is placed. C. Spreading RAP Material. 1. Method of Spreading: Spread the RAP with a blade or device which strik material uniformly to laying thickness and produces an even distribution The Contractor may also place the RAP material directly from the milling into the trench by a conveyor. When placing the RAP material by convey from the milling machine, obtain the Engineer's approval of the milling pr 2. Number of Courses: When the specified compacted thickness of the bas greater than 6 inches, construct the base in two courses. Place the first 01025-15 Technical Specifi ial. Use red use nt. Use nch sieve rial. Take t content It below 3 - material. �f the e dation s off the f the RAP. machine r directly cess. is ourse to a ations FAPiihlic Warks\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents Master Contract D. 1. 2. 3. 4. 5. thickness of approximately one half the total thickness of the finished bas sufficient additional thickness to bear the weight of construction equipme disturbing the subgrade. Except as might be permitted by the Engineer fo cases, conduct all RAP base construction operations for shoulders before the final pavement on the adjacent traveled roadway. Compacting and Finishing Base. General: Construct mainline pavement lanes, turn lanes, ramps, parking I concrete box culverts and retaining wall systems meeting the requiremen 8.1, except replace "embankment" with "pavement". Construct shoulder -o bike/shared use paths, and sidewalks. Meet the requirements of 120-8.1 replace "embankment" with "pavement" meeting the acceptance criteria o Shoulders compacted separately shall be considered separate LOTs a) Single -Course Base: After spreading, scarify the entire surface, th the asphalt to produce the required grade and cross-section, free and laminations, after compaction. Multiple -Course Base: Clean the first course of foreign material, th and bring it to a surface cross-section approximately parallel to the base. Before spreading any material for the upper courses, allow t Engineer to make density tests for the lower courses to determine required compaction has been obtained. After spreading the mate top course, scarify finish and shape its surface to produce the req and cross-section, free of scabs and laminations, after compaction. Moisture Content: When the material does not have the proper moisture ensure the required density, wet or dry it as required. When adding water mix it in to the full depth of the course that is being compacted. During w: drying operations, manipulate, as a unit, the entire width and depth of the that is being compacted. Density Requirements: Compact the material to a density of not Tess than maximum density as determined by FM 1-T 180. Where the width of the construction is not sufficient to permit use of standard base compaction perform compaction using vibratory compactors, trench rollers, or other s equipment which will provide the density requirements specified herein. be added to the asphalt material as needed to obtain the proper compact Density Tests: Meet the requirements of 200-7 with the exception of 200 - Within the entire limits of the width and depth of the base, obtain a minim density in any LOT of 98% of the maximum density as determined by FM Testing Surface: Test the surface in accordance with the requirements of b) or t without special placing • ts, of 120- ly areas, xcept 200-7.2. n shape f scabs n blade finished e hat the ial for the ired grade ontent to uniformly tting or course 1 98% of ase •uipment, ecial ater may on. .2.1. m 1-T 180. 200-7.3.1. Asphalt millings shall be applied with a wetting agent in two lifts not to exceed 6' per lift and compacted to provide a smooth travel surface. Item of Payment Bid Item No. 283-1 — Asphalt Millings (8" Thick) (Two Lifts) — Per Square and Bid Item No. 283-1A — Asphalt Millings (6" Thick) (Driveways) — Per Squ-re Yard 01025-16 Technical Specifi, P•\Pnhlir \A//Irks\F J(INFPRIM(z, fll\/ISIrm PRCI.IFC:TS\1314-107th Ava Millinn 90th St to 94th St\Admin\hid documents ations Master Contract SECTION - 400 — CONCRETE STRUCTURES The work specified in this item shall conform to Section 400 of the Florida Depa Transportation Standard Specifications for Road and Bridge Construction (2014 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 400-2-2 — Class II Concrete for Headwalls — Per Cubic Yard SECTION - 415 — REINFORCING STEEL The work specified in this item shall conform to Section 415 of the Florida Depa Transportation Standard Specifications for Road and Bridge Construction (2014 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 415-1-1 — Reinforcing Steel (Roadway) — Per Pound SECTION - 425 — INLETS, MANHOLES AND JUNCTION BOXES The work specified in this item shall conform to Section 425 of the Florida Depa Transportation Standard Specifications for Road and Bridge Construction (2014 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 425-2-41 — Manhole Structure (Type P-7) — Per Each Bid Item No. 425-6 — Valve Box Adjustment — Per Each SECTION - 430 — PIPE CULVERTS The work specified in this item shall conform to Section 430 of the Florida Depa Transportation Standard Specifications for Road and Bridge Construction (2014 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 430-174-112 — Aluminized Corrugated Metal Pipe (12") — Per Bid Item No. 430-174-115 —Aluminized Corrugated Metal Pipe (15") — Per Bid Item No. 430-175-112 - Reinforced Concrete Pipe (12") — Per Linear Bid Item No. 430-175-118 — Reinforced Concrete Pipe (18") — Per Linear Bid Item No. 430-174-124 — Reinforced Concrete Pipe (24") — Per Linear Bid Item No. 430-175-136 — Reinforced Concrete Pipe (36") — Per Linear Bid Item No. 430-175-160 — Reinforced Concrete Pipe (60") — Per Linear Bid Item No. 430-984-123 — Mitered End Section (24") — Per Each ment of ment of ment of ment of inear Foot inear Foot oot Foot Foot Foot Foot 01025-17 Technical Specifi.ations F:\Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents aster Contract SECTION - 570 — PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Depa ment of Transportation Standard Specifications for Road and Bridge Construction (2014). A. Description: Sod for the project shall be of the variety that is common to th of a variety approved by the Engineer. This work shall also include mo mowed at maximum 6" height with a mulching mower. B. Work Included: Scope of Work: The work specified in this section cons establishing of a stand of grass, within the project, right-of-way, easements areas indicated on the Drawings, by furnishing and placing grass sod. Als are fertilizing, watering and maintenance as required to assure a health grass.Two applications of fertilizer will be required with the initial applic. fertilizer and the second application being "weed and feed". C. Guarantee: All sodded areas shall be guaranteed for one year after d. acceptance. Replacement of Defective Sod: Any dead sod or sod showing (less tha square) indication of probable non survival or lack of health and vigor, or w exhibit the characteristics to meet specifications, shall be replaced within notice from Owner or Engineer. All replacement sod shall be furnished/inst additional cost to the Owner and shall be guaranteed for three months. All re shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the guarantee period and such guarantee shall be extended until notification i At the end of the guarantee period, all sod that is dead or in unsatisfactory g be replaced within two weeks. D. Fertilizer: Commercial fertilizers shall comply with the Indian River Count Ordinance 2013-012 and Supplement Ordinance 2013-014 (see Appendi E. Water for Grassing: Contractor shall provide the water used in th operations as necessary to meet the requirements of Article 570-3.6. F Preparation of Ground: The area over which the sod is to be place scarified or loosened to a depth and then raked smooth and free from deb the soil is sufficiently loose and clean, the Owner, at his discretion, may au elimination of ground preparation. G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be br range of 6.0-7.0. Contractor shall apply two (2) applications. The initial shall be fertilizer and application shall be "weed and feed". The fertilizer shall be spread uniformly over the sodded area at the rate of 4 per acre, or 10 pounds per 1,000 square feet, by a spreading device uniformly distributing the material at the specified rate. Contractor shall apply applications as per manufacturer's specification. All t bags shall be handed over to the County Inspector. On steep slopes, where the use of a machine for spreading or mi practicable, the fertilizer shall be spread by hand and raked in and thorou with the soil to a depth of approximately 2 inches. 01025-18 Technical Specific - F \P"hlir. Wr rkc\FNrINFFRING fIVISInN PRO.IFCTS\1314-107th Ave Millina 90th St to 94th St\Admin\bid documents 4 area and ing, to be ists of the and other • included stand of tion being to of final 95% of a ich do not • weeks of lied at no lacement nd of the received. owth shall Fertilizer B). sodding shall be is. Where horize the ught to a he second 6 pounds apable of ckets from ing is not hly mixed tions aster Contract H. Placing Sod: The sod shall be placed on the prepared surface, with edg contact and shall be firmly and smoothly embedded by light tamping with tools. Where sodding is used in drainage ditches, the setting of the pieces shall b: so as to avoid a continuous seam along the line of flow. Along the edg staggered areas, the offsets of individual strips shall not exceed 6 inches. prevent erosion caused by vertical edges at the outer limits, the outer pi: shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ens finished sod elevation is 11/2' below paved shoulder. On slopes greater than 3:1, the Contractor shall prevent the sod from slidin of wooden pegs driven through the sod blocks into firm earth, at suitable Sodding shall not be performed when weather and soil conditions Engineer's opinion, unsuitable for proper results. Sod shall be placed around all structures, equipment pads, etc. Watering: The areas on which the sod is to be placed shall contain sufficie as determined by the Engineer, for optimum results. After being placed, t be kept in a moist condition to the full depth of the rooting zone for at lea Thereafter, the Contractor shall apply water as needed until the sod roots - grow for a minimum of 60 days (or until final acceptance, whichever is lat J. Maintenance: The Contractor shall, at his expense, maintain the sodde• satisfactory condition until final acceptance of the project. Such mainte include repairing of any damaged areas and replacing areas in which the es of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractor's negligence, carel failure to provide routine maintenance shall be at the Contractor's expen- s in close ppropriate staggered -s of such In order to ces of sod re that the by means ntervals. re, in the t moisture, e sod shall t 2 weeks. nd starts to -st). areas in a ance shall ablishment -ssness or e. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowin•. Clippings shall be removed from sidewalk. K. Article 570-9. The first two paragraphs under this Article are delet=d and the following is added: The contract unit price for performance turf shall include the costs of sod, fertilizer (2 applications), sidewalk sweeping after mowing, mowing, pegging disposal f clippings, water, tools, equipment, labor and all other incidentals necessary. Item of Payment 11 Payment shall be made under: Bid Item No. 570-1-2 — Performance Turf (Sod) (Bahia) - Per Square Yar 01025-19 Technical Specifi 1. tions F \PIihlir Wnrkc\FNC;INFFRINC4 fIVISIfN PRO.IFC:TS\1' 14-1 n7th Ava Millinn gnth St to 94th St\Arimin\hiri rinriimants Mastar Cnntrart SECTION - 700 - Highway Signing 3. A. Signing for traffic control shall conform to the requirem: Standard Specifications (2014), Manual on Uniform Traffic Contro Supplemental Specifications, Roadway and Traffic Design Standards, ma specifications. B. Traffic Signs: All existing signs which are the property of the be transported to the Indian River County Road and Bridge Maintenance Contractor during construction if they are within the construction limits. C exercised by the Contractor during removal, storage and relocation s damage the signs. If any damage occurs, as determined by the Owner's Resident Construction Inspector, the sign shall be replaced by the Contra compensation. 8 Item of Payment Payment shall be made under: Bid Item No. 700-20-40 — Single Post Sign (Stop) (Relocate) - Per Each • SECTION - 711 — THERMOPLASTIC STRIPES AND MARKINGS The work specified in this item shall conform to Section 711 of the Florida Depa Transportation Standard Specifications for Road and Bridge Construction (2014 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 711-35-241 — Solid Traffic Stripe (24") (Thermoplastic) — Per SECTION —1000- WATER AND SEWER UTILITIES A. Water Utilities The water utilities for this project shall be constructed per the "Indian Ri Department of Utility Services Water & Wastewater Standards", March, document can be obtained online at www.ircutilities.com Relocation of existing fire hydrants shall include the cost of all pipe, fitting rods, trenching grading, and incidental items associated with relocation. B. Sewer Utilities The sewer utilities for this project shall be constructed per the "Indian Ri Technical Specifications", March, 2014. This document can be obtaine www.ircutilities.com C. Earthwork and Backfill Compaction - All fill must be compacted by hand tamping from under the pi center line. Backfill shall be compacted in 6" lifts up to the surface to minimum compaction of 98 percent of maximum density in roadways an• and 95 percent in easements, in accordance with AASATO T-180 and D 01025-20 Technical Specifi F \Puhlir. Wnrkc\FN(INFFRING DIVISION PROJECTS\1314-107th Ave Miilina 90th St to 94th St\Admin\bid documents nts of the Devices, ufacturer's owner shall and by the re shall be as not to ngineer or for with no ment of inear Foot er County 014. This , retaining er County online at �euptothe achieve a shoulders 2167. tions aster Contract D. Ductile Iron Pipe and Fittings 1. General: All ductile iron pipe shall be manufactured in accordance wi h AWWA Specifications C-150 & C-151. All buried ductile iron pipshall be manufactured in accordance with AWWA Specification C-151 and shall be Class 52 minimum. All exposed ductile iron pipe shall b- Class 53 minimum. 2. Fittings: All underground fittings shall be either bell and spigot, or echanical joint. Mechanical joints shall conform to AWWA specific tion C1lO (ANSI 21.10-87), or latest revision. All exposed aboveground fittings shall be flanged joint. 3. Bell and Spigot Connections: Joints in bell and spigot pipe shall be push -on, mechanical, or restrained joints in accordance with AWWA Standard C-111 (ANSI 21 11-85), or latest revision. Mechanical joint pipe set -screw type retainer •lands will not be permitted. 4. Flanged Connections: Flanged pipe with screwed -on flanges shall be furnished with long hubs, and the flanges shall be screwed on the threaded end of the • ipe in the shop, and the face of the flange and end of pipe refaced toget er. There shall be no leakage through the pipe threads and the flang: s shall be designed to prevent corrosion of the threads from outside. he back of the hub shall be caulked where the hub threads joint with th - pipe. 5. Valve Box Adjustments: Cost of valve nut extenders shall be included in cost of valve box adjustments where needed. E. Disinfecting Potable Water Pipelines Before being placed in service, all potable water pipelines shall be chlorinated in . ccordance with the latest edition of AWWA C-651, "Standard Procedure for Disinfecting Wa er Mains", except that the use of tablets is strictly prohibited. The procedure shall be appr•ved by the Engineer. The location of the chlorination and sampling points will be as speci ied by the Florida Department of Environmental Protection, Water Distribution System Per it. Taps for chlorination and sampling shall be uncovered and backfilled by the Contractor, . s required. Item of Payment Payment shall be made under: Bid Item No. 1644-800 — Fire Hydrant (Relocate) — Per Each. 01025-21 Technical Specifi ations G\Piihlir 1Nr,r4e\FAI(,It\IFFRINIn nl\/IRIC Nl PRC IFRTS\111d-1n7th Ava I1Aillinn Qnth St to Q4th St\Arimin\hiri rincnmanta Mactar ( ntrart SECTION - 02670 FLUSHING TESTING AND DISINFECTING PART 1 - GENERAL 1.01 WORK INCLUDED A. Flushing, Pressure Testing, and Disinfection of all piping systems. B. Contractor shall furnish all necessary pumps, hoses, piping, fitting gauges, chemicals and labor to conduct specified testing. C. Testing shall be repeated at the Contractor's expense until satisfactory achieved. D. Refer the specific chemical system specification section for additional fl testing procedures. 1.02 RELATED REQUIREMENTS SPECIFIED ELSEWHERE A. Section 1000 — Water and Sewer Utilities , meters, esults are shing and 1.03 REFERENCES A. ANSI/AWWA C651 - Standard for Disinfecting Water Mains. 1.04 SUBMITTALS A. Test Reports: Indicate results comparative to specified requiremen's. Submit two (2) copies of test results to Engineer in accordance with Submittal specifications. 1.05 QUALITY ASSURANCE A. Perform Work in accordance with ANSI/AWWA C651. 1.06 REGULATORY REQUIREMENTS A. Conform to applicable Florida DEP requirements for performing the work of this Section. B. Work shall conform to Indian River County Standards. PART 2 - PRODUCTS 2.01 DISINFECTION CHEMICALS A. Chemicals: The disinfecting agent shall be sodium hypochlori e solution ANSI/AWWA B303 or liquid chlorine ANSI/AWWA B301. Dry h pochlorite, similar to "HTH" or equal may also be used as the disinfecting ag - nt. PART 3 - EXECUTION 3.01 EXAMINATION A. Verify that piping systems have been cleaned, inspected, and test: d. B. Coordinate scheduling of flushing, pressure testing, and disinfect'• with tie-ins, certifications, and sequence of construction. 3.02 FLUSHING AND PRESSURE TESTING - PIPING A. The Contractor shall furnish and install suitable temporary testing plug the water lines, all necessary pressure pumps, hose, pipe connecti• gauges and other similar equipment, and all labor required, all witho compensation for conducting pressure and leakage tests and flu piping. Flushing and pressure testing shall be conducted in the foll• B. After all piping lines have been installed and before pressure testing, pipe shall be thoroughly flushed so as to remove all debris and for 01025-22 Technical Specifi rAn.,6.io..,A,...1...\mor•inimcoinir_ nix/telt-v.1 Dort Icr^TC\9/A A 1/ 7th 4..e. AAfllir.. Orlth Cf to OAth C+\Arin,ir.\hid rinrnn,ente n activities or caps for ns, meters, t additional hing of the wing order. -ach run of -ign matter ations PAactcr rnntra -t from the piping and equipment. Clean and flush all piping using pota Sufficient flushing water and pigging shall be introduced into the produce a discharge that is clear with no evidence of silt or foreig visible. Contractor to provide means of discharging and disposing • Contractor's expense. C. Pressure testing ductile iron piping systems: 1. The test pressure for the water piping, irrigation quality water force main piping systems constructed of ductile iron shall and this pressure shall be maintained for a period of not les hours. Tests shall be made between valves and as far as and as approved by the Engineer. Potable water from the system shall be used. Pressure shall not vary more than five piping during the test periods or as approved by the Engineer. leakage shall be computed on the basis of AWWA C-600. 2. All leaks evident at the surface shall be uncovered an regardless of the total leakage as indicated by the test, an valves and fittings and other materials found defective and shall be removed and replaced at the Contractor's expense. be repeated until leakage has been reduced below the amount. 3. In the judgment of the Engineer, should it not be practical t foregoing procedures exactly for any reason, modificati procedure shall be made as approved by the Engineer. In an Contractor shall be responsible for the ultimate water tight piping within the preceding requirements. . 3.03 DISINFECTION • • • • . . . A. The Contractor shall furnish and install suitable temporary connect piping, all necessary pressure pumps, hose, pipe connections, met= and other similar equipment, and all labor required, all without compensation for the disinfection of all required piping systems. shall be conducted on the following systems: 1. Water main piping and valves. B. Conform to AWWA Standards and as modified herein. C. Maintain disinfectant for a minimum of 8 hours in such a manner th system will be filled with water containing a minimum chlorine conc 50 ppm at any point. D. After the disinfecting agents have been permitted to remain for th contact periods, the water lines, and valves shall be thoroughly fl water until the residual chlorine tests are less than 2 PPM in eac The determination of the amount of residual chlorine in the syst: made at such points and in accord with standard tests by means of orthotolodine test set. 3.04 BACTERIOLOGICAL SAMPLING 1 01025-23 Technical Specifi 0111 -lir Minrlre FAI(2IAIFFf71A1(2. fIVlcl(KI FDPC IFCTc\1'21d-1n7th Awa MIIIinn Qnth St to Qdth ct\Arimin\hiri rinriimpntc • le water. piping to matter is f water at iping, and e 150 psi than two racticable istribution (5) psi for Allowable repaired all pipes, r the test ests shall allowable follow the ns in the event, the ess of the ons to the rs, gauges additional isinfection t the entire ntration of specified ushed with instance. m shall be a standard ations Mactar (;nntrart A. It shall be the responsibility of the Contractor under this contract to bacteriological testing required by the Florida Department of En Protection and Indian River County to obtain clearance of the piping. The Contractor shall be responsible to disinfect and repea needed until clearance is obtained for all required plant syst Contractor shall be responsible to pay for additional water ne: bacteriological testing must be repeated for the clearance of the gro tank. B. The piping systems require two (2) consecutive daily samples tak- locations called out on the plans or as determined by the Eng' samples shall be taken at all the respective sample point locations C. Sampling must be coordinated with Engineer and other construction as to minimize re -sampling. D. Contractor shall submit schedule for bacteriological testing and pres E. The Contractor shall incur all costs needed to provide bacteriological • the piping systems. 3.11 QUALITY CONTROL A. The laboratory and personnel collecting bacteriological samples shal State certified in accordance with FDEP requirements. + + END OF SECTION + + 01025-24 Technical Specifi G\D.ihlir U/rrlec\FN(,INFFRINIO. Ill\/ISIC kt PTC IFC'TC\1414-1f17th Ava Millinn Qnth Of to Qdth St\Admin\hiri rinrumPntc erform the ironmental ater main testing as ms. The ded if the nd storage n from the eer. The ctivities so ure tests. Iearance of be Florida ations MactPr rnntrart APPENDIX 'A' PERMITS Appendix A-P:rmits F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling90th St to 94th St\Admin\bid documents \M Contract Documents\APPENDIX A - Permits.doc ter APPENDIX B Indian River County Fertilizer Ordinances ORDINANCE NO. 2013 - n» AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 01? INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MODEL ORDINANCE FOR FLORIDA -FRIENDLY USE OF FERTT1.17.ER ON URBAN LANDSCAPES, WITH MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; DIRECTING COUNTY ATTORNEY'S Olfle10E TO POST SUMMARY ON COUNTY WEBSITE, AND AN EFFECTIVE DATE. WHEREAS, as a result of impairment to Indian River County's surface waters caus excessive nutrients, or, as a result of increasing levels of nitrogen in the surface ani/or gra water within the aquifers or canals within the boundaries of Indian River County, the Boar County Commissioners has determined that the use of fertilizers on lands within Indian County creates a risk of contributing to adverse effects on surface and/or ground water; and WHEREAS, in order to address this risk, the Board of County Commissioners determined that it is not only critical to adopt the Florida Department of Environme Protection's Model Ordinance for Florida -Friendly Use of Fertilizer on Urban Landscapes, that as part of Indian River County's science -based, and economically and technically feast comprehensive program to address nonpoint sources of nutrient pollution, additional and stringent standards are necessary in order to adequately address urban fertilizer contributio nonpoint source nutrient loading to the surface and/or ground water of Indian River County; WHEREAS, this ordinance regulates the proper use of fertilizers by any appli requires proper training of Commercial Fertilizer Applicators and Institutional Fertil Applicators; establishes training and licensing requirements; establishes a Prohibited Applica Period; and specifies allowable fertilizer application rates and methods, fertilizer -free zones, maintenance zones, and exemptions. The ordinance requires the use of Best Manag Practices which provide specific management guidelines to minimize negative secondary cumulative environmental effects associated with the misuse of fertilizers. These secondary cumulative effects have been observed in and on Indian River County's natural and constru stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water b Collectively, these water bodies are an asset critical to the environmental, recreational, cul and economic well-being of' Indian River County residents and the health of the pu Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provid natural and constructed stormwater conveyances. Regulation of nutrients, including phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and ha quality, F.AUrameY 'm7ua...&adamawiOnt, alFnFG+alaixhi FaoiftserOrdffine 2071 IM4)(4.va Max= by d of er as tal ut 1e, ore to d or, zer on ow ent d d ted 'es. lie. by oth itat Page 1 of 9 ORDINANCE NO. 2013 - 012 the The or the NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TIIAT: Section 1. Enactment Authority. • Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for purpose of promoting the public health, safety and welfare of the residents of the county. Board specifically determines that the enactment of this ordinance is consistent with general special law, and is necessary and appropriate to promote the health, safety and welfare of residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Adoption of Chapter 316 of the Code of Indian River Countv (the "Code") Chapter 316 of the Code is hereby adopted, as follows (new language is indicated by underline): Section 316.1. Title. This chapter shall be known as the "Indian River County Fertilizer and Landscape Management Ordinance." in Section 316.2. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: "Administrator" shall mean the County Administrator. or an administrative official of the County designated by the County Administrator to administer and enforce the provisions of this chapter. "Application" or "apply" shall mean the actual physical deposit of'fertilizer to turf or landscape plants. "Applicator" shall mean any Person who applies fertilizer on turf and/or landscape plants Indian River County. of "Board" shall mean the Indian River County Board of County Commissioners. "Best Management Practices" shall mean turf and landscape practices or combination practices based on research, field-testing, and expert review, determined to be the most effective Fm, ."' tV 6...&O .u. . 'ratke..°,. .m" ae 241.docs Page 2 of 9 ORDINANCE NO. 2013 - for and practicable on -location means, including economic and technological considerations, improving water quality, conserving water supplies and protecting natural resources. 85- "Chapter 85-427" shall mean The Indian River County Environmental Control Act, Chapter 427, Special Acts, Laws of Florida. sty_ "Code Enforcement Officer shall mean any designated employee or agent of Indian River Co whose duty it is to enforce codes and ordinances enacted by Indian River County. . "Commercial Fertilizer Applicator," except as provided in §482.1562(9), Florida Statutes, s1 mean any person who applies fertilizer for payment or other consideration to property not o • ed by the person or firm applying the fertilizer or the employer of the applicator. of "Code" shall mean The Code of Indian River County. • "Environmental Control Officer" shall mean the Indian River County Environmental Co.' Officer appointed by the Board pursuant to Chapter 85-427, and Chapter 303 (Part I) of s ' Code, and his or her designees. i "Fertilize," "fertilizing," or "fertilization" shall mean the act of applying fertilizer to 1 specialized turf, or landscape plants. ore "Fertilizer" shall mean any substance or mixture of substances that contains one or i recognized plant nutrients and promotes plant growth_ or controls soil acidity or alkalini or provides other soil enrichment, or provides other corrective measures to the soil. ial "Heavy rain" shall mean rainfall greater than two inches in a 24 hour period. "Institutional Fertilizer Applicator" shall mean any person, other than aprivate, non-comme applicator or a Commercial Fertilizer Applicator (unless such definitions also apply under the circumstances). that applies fertilizer for the purpose of maintaining turf and/or landscape p .i.ts. Institutional Fertilizer Applicators shall include, but shall not be limited to, owners, manag- . or employees of public lands, schools, parks, religious institutions, utilities, industrial or busi less sites and any residential properties maintained in condominium and/or common ownership. "Landscape plant" shall mean any native or exotic tree, shrub,_ or groundeover (excluding "Low maintenance zone" shall mean an area a minimum of ten feet wide adjacent to .ter courses which is planted and managed in order to minimize the need for fertilization,_ wate 1 I g, y, mowing, etc. "Person" shall mean any natural person, business, corporation, limited liability comp: partnership, limited partnership, association, club, organization, and/or any group of s -'pie of9 acting as an organiryed entity. FMoorsey1T-ImgaGEVERALUte.lakm data, wa ,ao„ PenAlsdrOams -21713 (14.001krat2e Page 3 ORDINANCE NO. 2013 - 012 iot "Restricted Season" shall mean June I through September 30. "Saturated soil" shall mean a soil in which the voids are filled with water. Saturation does require flow. For the purposes of this chapter, soils shall be considered saturated if stand g water is present or the pressure of a person standing on the soil causes the release of free wate "Slow Release Nitrogen" shall mean nitrogen in a form which delays its availability for pl:.t a uptake and use after application.. or which extends its availability to the plant longer ... reference rapid or quick release product. of "Turf" "sod," or "lawn" shall mean a piece of grass-covered soil held together by the root- the grass. al, "Urban landscape" shall mean pervious areas on residential, commercial, industrial, institutio highway rights-of-way, or other nonagricultural lands that are planted with turf or horticul . plants. For the purposes of this section, agriculture has the same meaning as in $570.02, Flo 'da Statutes. or Section 3163. Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf an. landscape plants during the Restricted Season, to saturated soils, or during a period in whi.I a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watc. or Warning is in effect for any portion of Indian River County, issued by the National Wea er Service, or if heavy rain is likely. or Section 316.4. Fertilizer-free zones. Fertilizer shall not be applied within ten feet of any pond: stream, watercourse, lake. canal wetland as defined b the Florida De . artment of Environmental Protection Cha • ter 62- 40 Florida Administrative Code) or from the top of a seawall. If more stringent Indian River Co . ty Code regulations apply, this provision does not relieve the requirement to adhere to the ore stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this A. ne only for a 60-day period beginning thirty days after planting if needed to allow the plan . to become well established. Caution shall be used to prevent nutrients from being directly depo ted into the water. om Section 316.5. Low maintenance zones. A voluntary ten foot low maintenance zone is strongly recommended. but not mandated, . any pond, stream, water course, lake, wetland or from the to of a seawall. A swale/berm sy em is recommended for installation at the landward edge of this low maintenance zone to cap e and filter runoff. If more stringent Indian River County Code regulations apply, this provi • on Fadirenwylliede4GENERADRualsavor o- aarFoflioOF� .s-m,30M.m m4— Page 4 . f9 ORDINANCE NO. 2013 - 012 the does not relieve the requirement to adhere to the more stringent regulations. Notwithstanding voluntary nature of the above sentences, no mowed or cut vegetative material may be deposited - or left remaining in this zone or deposited in the water. Care should be taken to prevent the over spray of aquatic weed products in this zone. Section 316.6. Fertilizer content and application rates. (a) No fertilizer containing phosphorous shall be applied to turf or landscape plants in Indian River County unless a soil or plant tissue deficiency is verified by a University of Florida, Institute of Food and Agriculture Sciences, approved testing methodology. In the case that a deficiency has been verified, the application of a fertilizer containing phosphorous shall be in accordance with the rates and directions for the Central Region of Florida as provided by Rule 5E-1.003(2), Florida Administrative Code. Deficiency verification shall be no more than 2 years old. However, recent application of compost, manure, or top soil shall warrant more recent testing to verify current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label. in (c) Fertilizers applied to an urban lawn. or turf within Indian River County shall be applied accordance with requirements and directions set forth on the label or tag for packaged fertilizer products, or in the printed information accompanying the delivery of bulk fertilizer products, as provided by Rule 5E-1.003(2) Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers All packaged and bulk fertilizer products sold in Indian River County shall be sold in packages with labels or tags, or, if sold in bulk, be accompanied by printed information. a - or all which complies with the requirements of Rule 5E-1.003(2), Florida Administrative Code. (d) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.). in accordance with the Stonnwater Pollution Prevention Plan for that site. Section 316.7. Application practices. (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from impervious surfaces, fertilizer -free zones and water bodies. inclnding wetlands. (b) Fertilizer shall not be applied spilled, or otherwise deposited on any impervious surfaces. (c) Any fertilizer applied,_ spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. of 9 FAAnastrefi.ireklaAVIALtRealakraEo .fF.wf o�..�_2wi D(Aval 24Wees Page 5 ORDINANCE NO. 2013 - 012 (d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site,_ or returned to the original or other appropriate container. (e) In no case shall fertiii7er be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. Section 316.8. Management of grass clippings and vegetative materials. In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentAlly so deposited shall be immediately removed to the maximum extent practicable. Section 316.9. Exemptions. The provisions set forth above in this chapter shall not apply to: (a) bona fide farm operations as defined in The Florida Right to Farm Act, $ 823.14, Florida Statutes; • (b) other properties not subject to or covered under the Florida Right to Fann Act that have pastures used for grazing livestock; the (c) any lands used for bona fide scientific research, including, but not limited to, research on effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture.; of (d) golf courses when landscaping is performed within the provisions of the Florida Department of Environmental Protection document, "Best Management Practices for the Enhancement Environmental Quality on Florida Golf Courses", these provisions shall be followed when applying fertilizer to golf course practice and play areas; (e) athletic fields at public parks and school facilities that apply the concepts and principles embodied in the Florida Green BMPs� while maintaining the health and function of their specialized turf areas: for (fl vegetable.gardens owned by individual property owners or a community, and trees grown their edible fruit. Section 316.10. Training. (a) Within the time period set forth in section 316.12 of this Chapter, all Commercial Fertilizer Applicators and Institutional Fertilizer Applicators within Indian River County shall abide by and successfully complete the six hour training program in the "Florida -friendly Best F 4 OrdwmafAiinor.ffewthaVdad Arsills.rod...cf-niJfr..00%.1Page 6 of9 ORDINANCE NO. 2013 - by the Management Practices for Protection of Water Resources by the Green Industries" offered the Florida Department of Environmental Protection through the University of Florida Extension "Florida -Friendly Landscapes" program, or an approved equivalent. ► Private non-commercial a..licators are encoura • ed to follow the recommendations of University of Florida Institute of Food and Agriculture Sciences Florida Yards and Neighborhoods program when applying fertilizers. this the Section 316.11. General education program. The Public Works De. artment shall have an em.loyee who shall address issues pertaining to Chapter. This employee shall implement a program to inform the general public of requirements of this chapter, which program shall include, among other things, informative postings on the County website, -printing and distributing informative brochures and other print The ,and the materials, and speaking engagements at community associations, civic organizations, etc. program shall also include, to the extent practicable, use of any materials from the Be Floridian program and coordination and collaboration with University of Florida Institute of Food Au 'culture Sciences educational activities. An claimed or alleged deficiency in the County's general education program shall not constitute a defense to any action brought to enforce provisions of this chapter. . • Section 316.12. Licensing of commercial fertilizer applicators. (a) No later than December 31, 2013, all Commercial Fertilizer Applicators within Indian River County. shall abide by and successfully complete training and continuing education requirements the in the "Florida friendly Best Management Practices for Protection of Water Resources by Green Industries," offered by the Florida Department of Environmental Protection through the University of Florida Institute of Food and Agriculture Sciences "Florida -friendly Landscapes" •ro • : is or an • i *roved •• uivalent ►rogram, prior to obtaining an Indian River County Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the Indian River County Tax Collector's Office within 180 days of the effective date of this ordinance. (b) After December 31, 2013, all Commercial Fertilizer Applicators within Indian River County shall have and carry in their possession at alltimes when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Conunefcial to Fertilizer Applicator per Rule 5E-14.117(18), Florida Administrative Code. (c) All businesses applying fertilizer to .turf and/or landscape plants (including but not limited residential lawns, golf courses, commercial properties, and multi -family and condominium properties) inust ensure that at least one employee has a "Florida -friendly Best Management to of Practices for Protection of Water Resources by the Green Industries" training certificate prior the business owner obtaining a Local Business Tax Certificate. Owners for any category F &Q.,w.. wwisF.,iii.,-0.0,..... nil pri.xup.t max. Page 7 of 9 ORDINANCE NO. 2013 - 012 of occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof completion of the program to the Indian River County Tax Collector's Office. Section 316.13. Enforcement. This chapter may be enforced by the Code Enforcement Officer in the Public Works Depai fuuent who is devoted to issues pertaining to this Chapter, pursuant to Chapter 162, Florida Statutes, and X103.07 of this Code. In addition, this chapter may be enforced by the Environmental Control Officer pursuant to Chapter 85-427, Special Acts, Laws of Florida, and §303.14 of this Code. Penalties and remedies for violations shall be as set forth in $100.05 of this Code and, to the extent applicable, Chapter 85-427, Special Acts, Laws of Florida. Funds generated by penalties imposed under this section shall be used by Indian River County for the administrati•n and enforcement of §403.9337, Florida Statutes, and the corresponding sections of this chap er, and to further water conservation and nonpoint pollution prevention activities. Section 316.14. References to state law. Any references in this chapter to Florida Statutes, rules or regulations shall refer to such statutes, rules or regulations, as amended from time to time. Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of Indian River County, unless such applicator is specifically exempted; provided, however_, that this chapter shall not apply within the limits of any municipality which has adopted an ordinance regulating the same subject matter. This chapter shall be prospective only, and shall not impair any existing contracts. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. RLt d ormemxrsb emwrsrif erAfisd( Fendftradlwans.24J3 Pisa tegssulOkd� Page 8 of ORDINANCE NO. 2013 - 012 Section 6. Directing County Attorney's Office to Post Summary on County Website. The County Attorney's Office is directed to post a summary of this ordinance on the County's website within 15 days of the filing of this ordinance with the Florida Department of State. Section 7. Effective Date. This ordinance shall become effective 45 days after the filing of the ordinance with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 8th day of July, 2013, for a public hearing to be held on the 18th day of July, 2013, and on the 10th day of August, 2013 for an additional public hearing to be held on the 20th day of August, 2013, at which time it was moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and adopted by the following vote: Chairman Joseph E. Flescher Vice Chaurnan Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zore AYE AYE AYE AYE AYE The Chairman thereupon declared the ordinance duly passed and adopted this 20th day of August, 2013. ATTEST: Br Depu Clerk • BOARD OF COUNTY COMMISSIONERS ' INDIAN RIVER COUNTY, FLORIDA ,;P:;��„ eph . Flescher, Chairman Jeffrey R Smith,yClei 'c d J. ! ptroller Approved as to form and legal sufficiency: Dy l R ingold, County Attorney EF1 ± CTIVE DALE: This ordinance was filed with the Florida Department of State on the day of , 2013. FWbs.gALWAGGT7RtLIRuNNbnuQ Q+dnwtv+lad/eoc.alFudbiPWode) J ,nlin>D.dnmee-2W3(Nndf(.f.t.aa Aid Page 9 of 9 ORDINANCE NO. 2013 -014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONCERNING THE FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE, AMENDING SECTION 316.6 (FERTILIZER CONTENT AND APPLICATION RATES) AND SECTION 316.15 (APPLICABILITY) OF CHAPTER 316 (INDIAN RIVER COUNTY FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY TO ALLOW FOR THE GRADUAL AMORTIZATION OF THE SUPPLY OF CERTAIN NITROGEN CONTAINING FERTILIZER AND APPLYING CHAPTER 316 TO UNINCORPORATED INDIAN RIVER COUNTY, AND MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted an ordinance regulating th proper use of fertilizers in order to protect the water quality of Indian River County's natural an constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other wat•r bodies; and WHEREAS, the new fertilizer regulations require that the nitrogen content of fertiliz•r applied to turf or landscape plants within Indian River County shall contain at least 50% slo v release nitrogen per guaranteed analysis label; and WHEREAS, the new fertilizer regulations go into effect on October 14,2013; and WHEREAS, in order to provide adequate time for the supply of fertilizer containit g nitrogen that does not comply with these regulations to be eliminated, it is necessary to provi e additional time for retailers to eliminate those supplies that meet at least a minimum threshold +.f slow release nitrogen, NOW, THEREFORE, BE IT ORDAINED I3Y THE BOARD OF COUNT COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad hot e rule powers in counties to enact ordinances, not inconsistent with general or special law, for t e purpose of promoting the public health, safety and welfare of the residents of the county. T e Board specifically determines that the enactment of this ordinance is consistent with general r special law, and is necessary and appropriate to promote the health, safety and welfare of ae residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorpora es such clauses as findings of the Board. F..,q,:,M,.l,wMv:(�'l7tlL Hn r lrw•+. k rhdi+w.a*.Yb.ier.ws,{mkrrr^:I.W:.tt:mnrr fxJnu..r.14., Page 1 0 ORDINANCE NO. 2013 - 014 Section 3. Amendment of Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County (the "Code"). or to Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.6. Fertilizer content and application rates. (b) As of the effective date of this chapter, the The nitrogen content of fertilizer applied to turf landscape plants within Indian River County shall contain at least 2558% slow release nitrogen analysis label. As of June 1. 2014. the nitrogen content of fertilizer applied per guaranteed turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label. Section 4. Amendment of Section 316.15 (Applicability) of. Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County (the "Code"). Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated area of Indian River County, unless however, this shall not apply such applicator is specifically exempted; provided, that chapter matter. This chapter shall be prospective only, and shall not impair any existing contracts. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of thiE ordinance may be renumbered or re -lettered and the word ordinance may be changed to section. article or such other appropriate word or phrase in order to accomplish such intention. F NiwerrD•J•Cka'k-k+Wtrdwww k CF......, tk.Gne:c sFnbkarteowtealem Fen,1iv.lM....4., Page 2 of ORDINANCE NO. 2013 - 014 Section 7. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 16th day of September , 2013, for a public hearing to be held on the 1st_ day of October 2013, at which time it was moved for adoption by Commissioner Solari , seconded by Commissioner 0' Bryan , and adopted by the following vote: Chairman Joseph E. Flescher Aye Vice Chairman Wesley S. Davis Aye Commissioner Peter D. O'Bryan Aye Commissioner Bob Solari Aye Commissioner Tim Zorc Aye The Chairman thereupon declared the ordinance duly passed and adopted this let day of October, 2013. ,;�`l�' `•`''-rSSIU��'.. BOARD OF COUNTY COMMISSIONERS fit' `°%��„INDIAN RIVER COUNTY, FLORIDA •* C ` •: IC: ATTEST: Jeffrey R. Smith, ClerkbfOouit' and Comptroller :; 13y: eph E. Flescher, Chairman Approved as to form and legal sufficiency: Dep Clerk lan Reingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2013. F`.':i�Fvnq`1Jrclet+F.tiTA1LJri..luriors F lbr➢'rwuxHAr9ou cerFew ._.r.Jw rano .n Mrlibar (,y.Erta.cn.irr Page 3 of 3