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2016-132A
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR SOUTH COUNTY PARK GENERAL USE FIELD BID NO. 2016048 PROJECT NO. 1425 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BOB SOLARI, CHAIRMAN JOSEPH E. FLESCHER, VICE-CHAIRMAN COMMISSIONER PETER D. O'BRYAN COMMISSIONER WESLEY S. DAVIS COMMISSIONER TIM ZORC JASON E. BROWN, COUNTY ADMINISTRATOR JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD., COUNTY ATTORNEY RICHARD B. SZPYRKA, P.E., PUBLIC WORKS DIRECTOR JAMES W. ENNIS, P.E., PMP, COUNTY ENGINEER 00001 -Project Title Page- REV 04-07 00001 -1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1425 S County Park-General Use Field\Admin\bid documents\Master Contract Documents\00001-Project Title Page- REV 04-07.doc TABLE OF CONTENTS Section No. Title DIVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\00010-Table of Contents-REV 04-07.doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A- PERMITS APPENDIX B - FERTILIZER ORDINANCES APPENDIX C - INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION + + END OF TABLE OF CONTENTS + + 00010-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\00010-Table of Contents-REV 04-07.doc SECTION 00100 -Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 271 Street Vero Beach, Florida 32960 �gIVE�p Z . y W * �E �LOR1�A Telephone: (772) 567-8000 FAX: (772) 770-5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 P.M. on Wednesday, August 24, 2016. 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 "SOUTH COUNTY PARK GENERAL USE FIELD and Bid No. 2016048°. 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. 1425 INDIAN RIVER COUNTY BID NO. 2016048 PROJECT DESCRIPTION: The proposed project consists of clearing, filling, grading, and sodding approximately 5.21 acres for a General Use Field. Improvements include the installation of stormwater pipe, drainage inlets, a concrete driveway, and a shell roadway. 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 purchasing@ircgov.com. All other communications concerning this bid shall be directed to IRC Purchasing Division at purchasing(a)ircgov.com All bidders shall submit one (1) original and one (1) copy of the Bid Proposal forms provided within the specifications. Please note that the questionnaire must be filled out completely including the financial statement. BID SECURITY must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent fA!J of the total amount of the bid, made payable to Indian River County Board of County 00100-Advertisement for Bids REV 0407(002) 00100-1 C:\UsersVMlliams\AppData\LocaMAicrosoft\Windows\Temporary Intemet Files\Content.0utlook\DA3KB007\00100-Advertisement for Bids REV 04-07(002).doc Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100% Public Construction Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall be retained by the County as liquidated damages and not as penalty. The County reserves the right to delay awarding of the Contract for a period of ninety (90) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. A MANDATORY Pre-Bid Conference will be held on Wednesday. August 10, 2016 at 10:00 A.M., in the first floor conference room Al-303 of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS MANDATORY. INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication in the Indian River Press Journal Date: July 24, 2016 For: Indian River Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building "B° Vero Beach, FL 32960 * * END OF SECTION 00100-Advertisement for Bids REV 04-07 00100-2 FAPublic WorkstENGINEERING DNISION PROJECTS\1425-S County Park-General Use FieldVldmintbid documentsXMaster Contract Documents\00100-Advertisement for Bids REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. -Title Pape 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, ANDSITE ...................................................................................................................2 ARTICLE 5 - PRE-BID CONFERENCE..................................................................................4 ARTICLE 6 - SITE AND OTHER AREAS................................................................................4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA ......................................... ....................4 ARTICLE 8 - BID SECURITY .................................................................................... ........ ..5 ARTICLE 9 - CONTRACT TIMES................... ..... ........................................ .. ...... .............5 ARTICLE 10 - LIQUIDATED DAMAGES ................................................................................5 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS ........................................................5 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS.......................................6 ARTICLE 13 - PREPARATION OF BID................... ..............................................................6 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS....................... ..................................7 ARTICLE 15 - SUBMITTAL OF BID... .................. .................................................................8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID............ ................... ...............8 ARTICLE 17 - OPENING OF BIDS.. ............................... ....................................................8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE ..................... ............ ........8 ARTICLE 19 -AWARD OF CONTRACT ........................................................................ ..... 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE..................... ................ ............9 ARTICLE 21 - SIGNING OF AGREEMENT............... .. .. ......................... ......... .............. 10 00200-Instructions to Bidders REV 04-07 00200-i F9Public WorksTENGINEERING DIVISION PROJECTS\1425 S County Park-General Use FieldlAdmin%bid documentsvAaster Contract Documents\00200-Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contract.............................................. ......................................................................19 Basis of Bid; Evaluation of Bids ........... ....................................................................... ............14 BidSecurity ........................................................................................................................... ....8 Bids to Remain Subject to Acceptance.....................................................................................18 Contract Security and Insurance...............................................................................................20 ContractTimes ................. ......................... ............................. ..... ..........................................9 Copiesof Bidding Documents.......................... .................... ....................................................2 DefinedTerms............... .................................................. ..................................... ................ . 1 Examination of Bidding Documents, Other Related Data, and Site................ ............................4 Interpretations and Addenda............................... . ....... ............ ................................................7 LiquidatedDamages.......... .. ........... . ......................... ............................................ ..............10 Modification and Withdrawal of Bid........................... ................... .. ..................... .................16 Openingof Bids..................................... ..................... ................ .. ..................... ...... .........17 Pre-Bid Conference........... .............. . ..................... .............. . .............. . ............................5 Preparationof Bid... . .................. .............................. ................................. ........ ..................13 Qualificationsof Bidders...................... .. ........... . . .......................... ... ....................................3 Signingof Agreement......................................................... .. ........... ................. .... ..............21 Siteand Other Areas .......................................... .......... ............ .............. ............................6 Subcontractors, Suppliers and Others .............. ................. .....................................................12 Submittalof Bid ..... ............... ............. ............ ............. ....................... ................................15 Substituteand "Or-Equal" Items .......................................... ............................................. . ...11 00200-Instructions to Bidders REV 04-07 00200-ii F1Public WorkMENGINEERING MIS ION PROJECTS11425-S County Park-General Use FieldWdmin\bid documents\Master Contract Documents100200-Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder—The individual or entity who submits a Bid directly to OWNER. B. Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 00200-Instructions to Bidders REV 04-07 00200-1 F\Public Works\ENGINEERING DIVISION PROJECTS11425 S County Park-General Use Field\Admin\bid documentsWlaster 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. 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. 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. 00200-Instructions to Bidders REV 04-07 00200-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldtAdmin\bid documents\Master Contract Documents100200-Instructions to Bidders REV 04-07.doc Rev.05101 4.05 Upon a request directed to the ENGINEER (James W. Ennis, P.E., PMP 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 [This paragraph has been deleted intentionally] 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 (JAMES W. ENNIS, P.E., PMP (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 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; 00200-Instructions to Bidders REV 04-07 00200-3 F�\Public WorksIENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documentsWlaster Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05/01 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 501 The, date, time, and location for a MANDATORY Pre-Bid conference, if any, are specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are REQUIRED to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid-for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to PURCHASING (purchasinq(cDircgov.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. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 00200-Instructions to Bidders REV 04-07 00200-4 F\Public Works\ENGINEERING DIVISION PROJECTS%1425-S County Park-General Use FieldtAdminXbid documentsWlaster Contract Documentst00200-Instructions to Bidders REV 04-07.doc Rev 05/01 ARTICLE 8 - BID SECURITY 8.01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashier's check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 91 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or"or- 00200-Instructions to Bidders REV 04-07 00200-5 FtPublic WorkstENGINEERING DNISION PROJECTS11425-S County Paris-General Use Field\Admintbid documents\Master Contract Documentst00200-Instructions to Bidders REV 04-07.doc Rev.05/01 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. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 00200-Instructions to Bidders REV 04-07 00200-6 F\Public WorkMENGINEERING DIVISION PROJECTS11425-S County Park-General Use Field\Adminlbid documents\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05/01 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. 00200-Instructions to Bidders REV 04-07 00200-7 F:1Public Works\ENGINEERING DIVISION PROJECTM1425-S County Park-General Use FieldlAdmin\bid documentsWlaster Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05/01 ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: A. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships. B. Sworn Statement under the Florida Trench Safety Act. C. Qualifications Questionnaire. D. List of Subcontractors. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title and Bid Number (and, if applicable, the designated portion of the Project for which the Bid is submitted), Bid Number, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. 00200-Instructions to Bidders REV 04-07 00200-8 F.1Public WorkskENGINEERING DIVISION PROJECTS11425-S County Park-General Use FieldWdmiMbid documentskMaster Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05/01 ARTICLE 19 -AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 19.07 OWNER has no local ordinance or preferences, as defined in FS 255.0991 (2) in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid. 19.08 Any actual or prospective bidder or proposer who is aggrieved in connection with the bidding and/or selection process may protest to the OWNER's Purchasing Manager. The protest shall be submitted in writing to the Purchasing Manager within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. 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 00200-Instructions to Bidders REV 04-07 00200-9 F:1Public WorksIENGINEERING DIVISION PROJECTS11425-S County Park-General Use Field\AdmiMbid documentsXMaster Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05/01 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 0407 00200-10 F\Public WorksIENGINEERING DIVISION PROJECTS11425-S County Park-General Use Field\Admin\bid documentsWaster Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05101 SECTION 00300 -Bid Package Contents � (a �� THIS PACKAGE CONTAINS: SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 v--' Qualifications Questionnaire 00456 V// List of Subcontractors 00458 SUBMIT ONE (1) ORIGINAL AND ONE (1) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID ** END OF SECTION 00300-Bid Package Contents-REV 04-07 003001 FAPubliic Werks\ENGINEERING DIVISION PROJECTS%1425-S County Park-General Use F1eldlAdminWd doarmentsWlaster Contract Documents100300-Bid Package Contents-REV 04-07.doc SECTION 00310-Bid Form PROJECT IDENTIFICATION: Project Name: SOUTH COUNTY PARK GENERAL USE FIELD County Project Number. 1425 Bid Number. 2016048 Project Address: 1590 9t'Street SW(Oslo Road) Vero Beach, Florida 32962 Project Description: The proposed project consists of clearing, filling, grading, and sodding approximately 5.21 acres for a General Use Field. Improvements include the installation of stormwater pipe, drainage inlets, a concrete driveway, and a shell roadway. THIS BID IS SUBMITTED TO: 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 8//z M" 'o I B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests 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 00310-Bid Form REV 04-07 00310-1 F\PublIe WorksIENGINEERING DIVISION PROJECTSN425-S County Park-General Use FieldlMrnlnlbid documentsWiaster Contract Documenis100310-Bid Fane REV 04- 07.doc Rev.05MEMi 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 00310-2 FAPubric Works\ENGINEERING DMSION PROJECTS\1425-S County Park-General Use FekMdmin\bid documentsWaster Contract Documents\00310-Bid Form REV D4- 07.doc Rev.05/16/01 ITEMIZED BID SCHEDULE PROJECT NAME: SOUTH COUNTY PARK GENERAL USE FIELD I.R.C. PROJECT NO. 1425 BID NO. 2016048 BIDDERS NAME: uC-T-i t1--6A2,,1, reU OW-16' 0 f E= 101-1 MOBILIZATION LS 1 -7-5,poo ?-!5 ocv 102-1 MAINTENANCE OF TRAFFIC LS 1 4,00.) 104-13 SILT FENCE-TYPE III LF 1,820 Ce 38 104-15 SOIL TRACKING PREVENTION DEVICE EA I CIO 110-1 CLEARING&GRUBBING(5.21 ACRES) LS. 1 110-7 REMOVE CURB,SIDEWALK&SHELL ROAD LS 1 -5, 1?, 33(E) IMPORT FILL FROM COUNTY SOURCE(SEE DIVISION 2-TECHNICAL 120-2-1 PROVISIONS,SECTION 120 FOR DETAILS) CY 5,000 5,00 LS1000,2-2 120-2-2 IMPORT FILL(IMPORT,PLACE AND GRADE) CY , 14,600 b,50 285-704 SHELL ROADWAY-6- SY 930 1 0 425-1-55-1 1 INLET,DT BOTTOM,TYPE E EA 5 SOD 430-175-115 PIPE CULVERT,15"(CAP) LF 252 40 �0 430-175-118 PIPE CULVERT,18"(CAP) LF 240 .4 to Do 00 430-175-215 PIPE CULVERT,12"X 18"(ERCP) LF 60 00 430-984-623 MITERED END SECTION, 12"X 18"(ERCP) EA 2 Liv 522-2 ICONCRETE DRIVEWAY-6"THICK SY 126 eo 1700 570-1 _SOD(BAHIA) SY 25,220 700-1-11 STOP SIGN-39'R1-1 EA 1 711-11-125 ITHERMOPLASTIC-24"SOLID WHITE LF 10 SOUTH COUNTY GENERAL USE FIELD SUBTOTAL -FORCE ACCOUNT 50,000.00 f 110 TOTAL BID AMOUNT(INCLUDING FORCE ACCOUNT) TOTAL TOTAL PROJECT BID AMOUNT IN WORDS LS=LumpSum SY=SquareYard EA=Each CY=Cubic Yard LF=LinearFoot 00310-3 I'APublicWorkskENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admiftid documents\ltemized Bid Schedule IRC No 1425 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 less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.13 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Itemized Bid Schedule B. Required Bid security in the form of C. Swom Statement Under the Florida Trench Safety Act; D. Qualifications Questionnaire; E. List of Subcontractors; 00310-Bid Form REV 0"7 00310-4 F:1Public WorkslENGINEERING DMSION PROJECTS11425.S County Park-General Use FielMAdminlbid doc=enls\Masler Contract Documents)00310-Bid Fann 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 644,E 2-4', 201 U. State Contractor License No. CG,r If Bidder is: An Individual I Name (typed or printed): I By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: FAX No.: Email: A Partnership Partnership Name: V-� (SEAL) By: (Signature of general partner—attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No.: _ Email: A Corporation Corporation Name: 6uF-%rL-tee &E-1 -�5 6oNs re ,�o�/ (SEAL) State of Incorporation: Ftvcf-OA Type (General Business, Pro ess'onal, Service invited Liability : By: (Signature—att i>h evidence of authority to sign) Name (typed or printed): (3��v b��t�-✓` Title: �� p' "1✓6 soti6iZ F��s�bd-ft(CORPORATE SEAL) % Attest � / (Signature of Corporate Secretary) Business address: Wo/ XO�r;=wn-/ l)rT,2ti� �Zo� joacr— 9� C'7—CE Phone No.: ':7Z— y(o/- p 3,-4 FAX No.: X3-7- '-/A E? Email: be,-� e- avc+'O 'f"grk-rC O'l . c-,,I 1 Date of Qualification to do business is 9✓Z&/Z,,-< 00310-Bid Form REV 04-07 00310-5 P1Pubtle WorkslENGINEERING DMSION PROJEC7S%1425•S County Park-General Use FiekMdmirAbld doeumentsVUAaster Contract DOaanentsWMIO-Bid Form REV 04- 07.doo A Joint Venture r �, Joint Venture Name: f�f (SEAL) By: (Signature of joint venture partner—attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Email: Joint Venture Name: (SEAL) By: (Signature— attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Email: 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 parry to the joint venture should be in the manner indicated above.) ** END OF SECTION' 00310-Bid Forth REV M-07 00310-6 F1Public WorksT-NGINEERING DNISION PROJECTSl1425-S County Park-General Use FieldlA rranlbid doaanentSW2ster Contract Doamtents100310-Bid Form REV 04- 07.doc Bond No. NIA BID BOND The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we Guettler Brothers Construction, LLC 4401 Whitewav Dairy Road Ft. Pierce, FL 34947 as Principal hereinafter called the Principal,and Hartford Fire Insurance Company a corporation duly organized under the laws of the state of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto Inidian River County BOCC 1800 27th Street.Vero Beach, Florida 32960 as Obligee,hereinafter called the Obligee,in the sum of Five Percent of Amount Bid �M#f:riMMM M Dollars (S —5%-**--•-t* ), 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 South County Park General Use Reid 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 finished 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 parry 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 24th day of August 2016 WaAA-O-)(- h— / k� Guettler Brothers Construction,LLC NIS Witness Principal (Seal) By: - iMA {gOie Name/Title Hartford Fire Insurance Company Surety (Seal) B Witness Attorney-in-Fact Michael A.Holmes, ORSC 21328(5/97) Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD Bond T-4 One Hartford Plan Hartford,Connecticut 06155 calf 888-266-3488 or fax:860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code:21-220038 © Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana © Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut(hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint, up to the amount of Unlimited James F. Murphy, Gerald J. Arch, Michael A. Holmes of WEST PALM BEACH, Florida their true and lawful Attomey(s)-in-Fact,each in their separate capacity if more than one is named above,to sign its name as surety(ies)only as delineated above by&and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments 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, and as authorized by a Resolution of the Board of Directors of the Companies on August 1,2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �➢S'i wy _ � ' ..: '`r nanc,M1,^ 1•suw' r�i,1879) F 1 1879:' 3 John Gray,Assistant Secretary M.Ross Fisher, Vice President STATE OF CONNECTICUT ss COUNTY OF HARTFORD Hartford On this 12th day of July,2012,before me personally came M.Ross Fisher,to me known,who being by me duly swom,did depose and say that he resides in the County of Hartford,State of Connecticut;that he is the Vice President of the Companies,the corporations described in and which executed the above instrument;that he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Kathleen T Maynard CERTIFlCATE Notary Public My Commission Expires July 31,2016 I,the undersigned,Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in fug force effective as of August 24, 2016. Signed and sealed at the City of Hartford. 0-- *jzuf =t'+nlll<r�„ +•auM► 1g79 -Z? r:5 S979 'd - Kevin Heckman,Assistant Vice President POA 2012 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. 2016048 for SOUTH COUNTY PARK GENERAL USE FIELD 2. This sworn statement is submitted by: &Er7 L=am eoi-snf-"JcrL-C,� (Name of entity submitting Statement) whose business address is: tcC TzDrz 5Y� 3. My name is r3�_ / h L,,c-r 7,6-i (Please print name of individual signing) and my relationship to the entity named above is /,//f7v C 4. I understand that an"affiliate"as defined in Section 105.08, Indian River County Code,means: The term"affiliate"includes those officers,directors, executives,partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] 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 FAPublic WorksIENGINEERING DNISION PROJECTS\1425-S County Park-General Use FeldWdmin\bid documents\Master Contract Documents\00452 Disclosure of Relationships.doc The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee I (Signature) (Date) STATE OF F&0 r/D A i COUNTY OF �J The foregoing instrument was acknowledged before me this c �day of q 45 T ,20 /6, by I �J i5N Cue C�v , who is personally known to me or who has produced as identification. nNOTARY PUBLIC SIGN: /���o�c Bim—/ PRINT: /YI o rr-� Notary Public, State at large My Commission Expires: .J'v/y 3/, Zo/6� (Seal) �o�.:'6,0SHARON M.MORRIS * MY COMMISSION I FF 135734 EXPIRES:July 31,2018 'FOFF 09N Bonded Thru Budget Notary Services ' I i i r 1 i 00452-2 ' F:\PublicWorksENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract I Documents\00452 Disclosure of Relabonships.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. 1425 for SOUTH COUNTY PARK GENERAL USE FIELD. 2. This Sworn Statement is submitted by 6VF.%rc-Ff. aef S c4Nsirw� (Legal Name of Entity Submitting Sworn Statement) hereinafter 'BIDDER". The BIDDER's address is _ 'Jyo1 c'-ff'C7-Fwr4�l !7R'�r�y �`.-e+�srJ Ft,�r�:Lr.�.c-L FL 3�/9Y� BIDDER's Federal Employer Identification Number(FEIN) is 3. My name is 36,v and my relationship to the BIDDER (Print Name of Individual Signing) is rr,tA+6 e1v (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et.seg. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by 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$ ho 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: 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$ goD 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: st 0tL%lJ a 00454-Florida Trench Safety Act-REV 04-07 00454-1 FAPublic WorksIENGINEERING DIVISION PROJECTS11425-S County Park-General Use FieldlAdminlbid downentsWaster Contract Doaanenls100454-Florida Trench Safety Act-REV 04-07.doc The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8. 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: 6rT � rsr�Dry ��rr-�� GNS?yIcJC,r3�C�✓ By: Br=a✓ (,��r �r � �i -� Position or Title: Date: STATE OF Yf✓t D`� COUNTY OF c4'e— Personally appeared before me, the undersigned authority, /��� �u,✓ C who after first being sworn by me, affixed his/her signature in the space provided above on this day of U 57" r , 20 Al, . Notary Public, State at large My Commission Expires: tet,/y 3/, z0a SHARON M.MORRIS * * MY COMMISSION#FF 135734 * END OF SECTION EXPIRES.July 31,2018 140, f� \oc Bonded Thru Budget Notary Services 00454-Florida Trench Safety Act-REV 04-07 00454-2 FAPub6c WorkstENGINEERING DNISION PROJECTS11425-S County Park-General Use FieldlAdminlbid docu nentsWastar Contract Doaanerds100454-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: 1425 Project Name: SOUTH COUNTY PARK GENERAL USE FIELD 1. Bidder's Name/Address: Ev�rrtzo r�eo T2s cusrrvU��n/ 2. Bidder's Telephone & FAX Numbers: 0`� :777- Lt(,I 3. Licensing and Corporate Status: a. Is Contractor License current? VFcl b. Bidder's Contractor License No: 65c i5ll So 3 [Attach a copy of Contractor's License to the bid] c()C r 2-2-4 to 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: // veur� 5. What is the last project OF THIS NATURE that the firm has completed? 6. Has the firm ever failed to complete work awarded to you? ffD [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 00456-1 I'Vubric WoftkENGINEERING DNISION PROJECTS11425-S County Park-General Use FeldAdminlbid docunmtsWaster Contract Documents100455-Qualifications Questionnaire.doc 9. Has the firm implemented a drug-free workplace program in compliance with Florida Statute 287.087? Y ES (In the case of a tie, preference will be given to businesses with drug-free workplace programs) 10. Has the firm ever been charged with noncompliance of any public policy or rules? Ny [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.] 11. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. wr--t- t2d,o DoE 12. Has the firm ever defaulted on any of its projects? ft/C) [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.] 13. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. w�« 14. Name of person who inspected the site of the proposed work for the firm(: Name: 36x.1 6uc 1 --11-L Date of Inspections: L,? 15. Name of on-site Project Foreman: Number of years of experience with similar projects as a Project Foreman: 2d 16. Name of Project Manager: 6 c ST �2 Number of years of experience with similar projects as a Project Manager: / 17. State your total bonding capacity: moi l5©b,p 00 18. State your bonding capacity per job: Zo ,fl6D,Mf) 19. Please provide name, address, telephone number, and contact person of your bonding company: th m r S No l ro Ktm P'(-/ov (-bo(a b,_'-,ioJ/�64e mi viEST PRS 6 FL [The remainder of this page was left blank intentionally] 00456-Qualifications Questionnaire 00456-2 FAPublic Works%ENGINEERING DMSION PROJECTS11425-s County Park-General Use RaIMAdminWd documentsWlaster Contract Documents=456-Qualifications Questionnaire.doc 19. Complete the following table for SIMILAR projects: Date Contact Person: Name/ Original Contract Final Contract Name of Project Completed Owner Email Address/Phone Amount Amount SEG 'Q-d>,r+ d 00456-Qualifications Questionnaire 00456-3 F:1Publlc Worka\ENGINEERING DIVISION PROJECTS\1425-S County Perk-Goneral Use FloldMmin%bld documentaWnster Contract Documents\00468-Ouallllcatlons Quostlonnalro.doc [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 contractor.] By: (Signature) WI 6`7vt4 C�F-,tz_ (Position or Title) (Date) ** END OF SECTION 00456-Qualifications Questionnaire 00456-4 FAPubfic Works\ENGINEEPJNG DNISION PROJECTSM25-S County Park-General Use FieldWdmintbid documentsWaster Contrad Documents100456-Qualifications Questionnaire.doc "Attachment B" Guettler Brothers Construction References SR70 Complete Sept 2014 Reference Contact: John Hart, PE Sr. Project Engineer/VP CEI Services Carnahan, Proctor and Cross, Inc. 10700 Okeechobee Rd Ft. Pierce FL 34945 John.hart@camahan-proctor.com I www. carnahan-proctor.com Cell 954-214-9260, office 772-293-0978 fax 772-293-0979 Project Scope: New Construction and Widening of SR 70 From Okeechobee County line 6 Miles east, the Project included Excavation of a 6 Mile Long Canal (+/- 500,000 CY), and Embankment of Over I.SMillion CY of Material,the embankment was harvested from our adjacent borrow pit excavated with our own resources. Contract Amount: $18,547,429.00 Superintendent: Phillip "Fudge" Guettler Sawarass Lakes Subdivision Complete April 201 Reference Contact: Dan Liparini or Keith Williams D.R. Horton—Melbourne Division 100 Rialto Place, Suite 800 Melbourne, FL 32901 P: 321-953-3180 C: 321-634-2351 F: 800-730-5767 DJLiparini(a�drhorton.com Project Scope: Clearing and Grubbing, Mass Excavation and grading for a 300 acre subdivision in Palm Bay FL the project included over 800,000 CY of Excavation and Embankment Contract Amount: $13,976,000.00 Superintendent: Ben Guettler Millstone Landing Complete 2009 Reference Contact: Steve Moler Masteller&Moler, Inc. www.MastellerMoler.com Vero Beach, Florida Ph. (772) 567-5300—Fax. (772) 794-1106 Project Scope: New Construction of a 300 Acres Subdivision, the project included. Excavation of 634,000+/- CY of fill and Embankment of over 800,000 CY of fill including 250,000 CY of Borrow excavation form offsite Contract Amount: $16,478,000.00 Superintendent: Dave Morgan Other References and Notable Projects as a Subcontractor Reference Contact: Bob Schafer,Exec.Vice President Ranger Construction Industries,Inc. (561)793-9400 Palm Beach Operations(407)656-9255 Orlando Operations(772)370-1598 Mobile Bob.Schafer@rangerconstruction.com Scope:SR 414 and 429 Orlando Expressway Subcontractor to Ranger Construction Both projects includes over 3 Million yards of excavation and embankment. Reference Contact: Brian Beetle Community Asphalt OHL Group General Manager,Vero Beach Phone: (772)770-3771 Fax:(772)770-3707 bbeetle@cacorp.net Scope:I-95 From SR192 to Wickham Road project included 800,000+CY of pond excavation and embanlanent,along with Subgrade Base Rock and Paving. Other notable proiects completed as prime contractor for the SF VAU) include the: C=44 Impacted Soils Contract No. 4600003185, RFB No. 6000000677 500,000 CY of Excavation C-24 Canal Bank Repairs RFB NO. 6000000430 250,000 CY of Canal Excavation More references can be provided if needed. 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.1425 for SOUTH COUNTY PARK GENERAL USE FIELD Work to be Performed Subcontractor's Name/Address 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Note: Attach additional sheets if required. ** END OF SECTION 00458-List of Subcontractors REV 04-07 00458-1 17APublic WorksIENGINEERING DIVISION PROJECTS11425-S County Park-General Use FeldlAdminlbid documents%Master Contract Doaanents100458-List of Subcontractors REV D4-07.doc /etali oy tnnry name I1LLP://st:Qrcfi.SLLll UIZ.UtJiuquLLy/1.U1pU1 GL1UllJGa1 Wit JGa1 L111\Cz'LLIU.JC Lai... f Detail by Entity Name Florida Limited Liability Company GUETTLER BROTHERS CONSTRUCTION,LLC Filing Information Document Number L05000096389 FEI/EIN Number 20-3608929 Date Filed 09/26/2005 State FL Status ACTIVE Principal Address 4401 WHITEWAY DAIRY ROAD SUITE C FT PIERCE,FL 34947 Mailing Address 4401 WHITEWAY DAIRY ROAD SUITE C FT PIERCE,FL 34947 Reoistered Aaent Name&Address GUETTLER,BENJAMIN G 4401 WHITEWAY DAIRY ROAD SUITE C FT PIERCE,FL 34947 Authorized Person(s)Detail Name&Address Title MGRM GUETTLER,BENJAMIN G 4401 WHITEWAY DAIRY ROAD SUITE C FT PIERCE,FL 34947 Annual Reports Report Year Filed Date 2014 04/02/2014 2015 02/27/2015 2016 04/07/2016 Document Images 04/07/2016—ANNUAL REPORT View image in PDF format 02/27/2015—ANNUAL REPORT View image in PDF format 04/02/2014—ANNUAL REPORT View image in PDF format 03/25/2013—ANNUAL REPORT View image in PDF format 03/3012012—ANNUAL REPORT View image In PDF format 03/15/2011—ANNUAL REPORT View Image in PDF format 03/08/2010—ANNUAL REPORT View image in PDF format 04/02/2009—ANNUAL REPORT View image in PDF format 03/31/1008—ANNUAL REPORT View image in PDF format 04/0912007—ANNUAL REPORT View image in PDF format 04/28/2006—ANNUAL REPORT View image in PDF format 09/26/2005—Florida Limited Liabilites View image in PDF format ro iaht G and pdv P.R ' State of Fonda,Depa=em of State Df 3 5/17/2016 11:00 AM oF,xE ,F STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET SOD R'E TALLAHASSEE FL 32399-0783 GUETTLER, BENJAMIN GORDON GUETTLER BROTHERS CONSTRUCTION LLC 4401 WHITEWAY DAIRY RD FORT PIERCE FL 34947 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range i STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque restaurants, a DEPARTMENT OF BUSINESS AND and they keep Florida's economy strong. l F PROFESSIONAL-.REGULATION Every day we work to improve the way we do business in order to CGC1511503ISS.IJED": 07/07/2014 _ serve you better. For information about our services,please log ontowww.myfloridalicense.com. There you can find more Information ' 1^" J Y Y CERTIFIED GENERAL-CONTRACTOR about our divisions and the regulations that impact you, subscribe l GUETTLER, BENJANIlf-t GORDON=; to department newsletters and learn more about the Department's GUETTLER BROTHERS CONSTRUCTION LLC initiatives. - - �:.~'Yates•-ti - _ _ Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, IS CERTIFIED under the provisions of Ch.489_ FS. and congratulations on your new license! ; Expiration data:AUG 31,2016 L1407070000938 DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON,SECRETARY - STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION sT E CONSTRUCTION INDUSTRY LICENSING BOARD CGC1511503 The GENERAL CONTRACTOR -` Named below IS CERTIFIED �Dz Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 - GUETTLER, BENJAMIN GORDON GUETTLER BROTHERS CONSTRUCTION_LLC 4401 WHITEWAY DAIRY RD m FORT PIERCE FL 34947 " ISSUED- 07/07/2014 DISPLAYAS REQUIRED BY LAW SEQ# L1407070000938 �fF STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 4.87-1395 1940 NORTH MONROE STREET Boa TALLAHASSEE FL 32399-0783 GUETTLER, BENJAMIN GORDON GUETTLER BROTHERS CONSTRUCTION LLC 4401 WHITEWAY DAIRY RD FORT PIERCE FL 34947 Congratulations! With this license you become one of the nearly -- . ' one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque restaurants, DEPARTMENT-OF BUSINESS AND and they keep Florida's economy strong. PROFESSIONALREGULATION Every day we work to improve the way we do business in order to CUC1224669 ;>--l_'_ISSl7ED 07/07/2014 !' serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information i CERT UNDERGFR ND&EXCAV CNTR i. about,our divisions and the regulations that impact you, subscribe I. GUETTLER,BENJAMIN:_.GQRDON '`' to department newsletters and learn more about the Department's !. i initiatives. r GUETTLER BROTHERS.CONSTRU.CTION LLC Our mission at the Department is: License Efficiently, Regulate Fairly. I We constantly strive to serve you better so that you can serve your 4 %;_�=" <� - 3 customers. Thank you for doing business in Florida, Is CERTIFIED-under the provisions of Ch.489 FS. and congratulations on your new license! Ex imtiondafe z AUG 3112016L1407070001114i- DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD CUC1224669 The UNDERGROUND UTILITY& EXCAVATION CO : . v " c-- Named below IS CERTIFIED D �"`� Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 GUETTLER, BENJAMIN GORDON GUETTLER BROTHERS CONSTRUCTION LLC- _ ■ 4401 WHITEWAY DAIRY--RD FORT PIERCE FL 34947 ISSUED: 07/07/2014 DISPLAYAS REQUIRED BY LAW SEQ 11 L1407070001114 � b. Indian River County Purchasing Division A y 180027 th Street Vero Beach, FL 32960 ' LOR1�A _ ADDENDUM NO. 1 Date: August 12, 2016 Project Name: SOUTH COUNTY PARK GENERAL USE FIELD BID NO. 2016048 PROJECT No. 1425 Bid Opening Date: Wednesday, August 24, 2016 at 2:00pm A Mandatory Pre-Bid Conference was held on August 10, 2016 in the Public Works Conference Room Al-303 Indian River County Administration Building A, located at 1801 27th Street,Vero Beach, Florida 32960. Attached are the Mandatory Pre-Bid Meeting Minutes, Sign-in Sheets for the Mandatory Pre-Bid Meeting and Mandatory Pre-Bid Meeting Question Responses. ****This Addendum MUST be acknowledged on the bid form and/or by return of this Acknowledgement with your Bid**** Company Name 64t/t 7-i� G�iA-6T-aura-r-,_til Name: r3 ti 6 Title: tv, (Type/ Printed) r ` Authorized Signature: Date: g t23! Telephone: Email: hz.n @-o-_J, uvtS-7�'vch ova ,Gu✓V1 J Page 1 of I F\Public Works`ENGINEERfNG DMSION PROJECTSV 425-S Cowry Park-General Use Fiel"minlbid doMv ts\Addendums\Addendum No.I &12-2016.doc 1 g VER Board of County Commissioners 180127th Street Vero Beach, Florida 32960-3365 Telephone: (772) 567-8000 Fax: (772) 778-9391 Mandatory Pre-Bid Meeting Minutes Project Name: SOUTH COUNTY PARK GENERAL USE FIELD Bid Number: 2016048 IRC Project Number: 1425 Date: August 10, 2016 INTRODUCTIONS/SIGN IN SHEET This is a MANDATORY Pre-bid; attendance at this conference by all bidders is MANDATORY. Proiect Description The proposed project consists of clearing, filling, grading, and sodding approximately 5.21 acres for a General Use Field. Improvements include the installation of stormwater pipe, drainage inlets, a concrete driveway, and a shell roadway. Contract Details Bid Opening: Wednesday, August 24, 2016 Contract Time: 120 Calendar Days to Substantial Completion 150 Calendar Days to Final Completion Engineer's Estimate: $364,616 Liquidated Damages: $1,099.00 per day Correspondence/Line of Authority All bid submittal questions must be emailed to Jennifer Hyde (purchasing@ircgov.com). Project Consultants M9V EngineeFiRg Masteller & Moeller Inc. F-\Public Works\ENGINEER ING DIVISION PROJECTS\1435-S Count},Park-General Use field\Admin\bid documents\Pre-bid Meeting\IRC-1425_Pre- bid Meeting Minutes 20160810.doc 2 Utilities Indian River County Utilities—Water/Sewer Indian River County Telecommunications— Fiber FPL— Electric Other Issues • Maintenance of Traffic o CHANGE — RPM's shall be installed per FDOT Standard Index (Sheet C2 of C5, Traffic Control Note 11) —James Ennis noted that the County had updated their policy to be consistent with the FDOT Standard Index placement practices for retroreflective pavement markers (RPM'S). o Shall be coordinated with IRC Traffic—James Ennis noted that any road closures and or lane closures or MOT device installation would be required to be coordinated through IRC Traffic Operations • Buffers to remain o Oslo Rd — 60ft o 20th Ave SW—40ft o James Ennis noted that the Contractor would need to account for staying out of the drip line with heavy equipment for specimen trees that were noted to be left in place and that any damage to the root systems could result in additional costs to the Contractor. • IRCUD Water Well onsite — DO NOT DISTURB—50ft exclusion radius • Permits o St. Johns River Water Management District— issued o IRC Land Clearing— issued o IRC Tree Removal — issued o IRC Type A Storm Water Management System Permit— issued o The CONTRACTOR shall obtain any other required permits for construction. Questions noted requiring answers -James Ennis noted that all questions would have a formal written response that would be supplied to the potential bidders. 1. Location of the Stockpile indicated in the Bid Docs (5000-CY)? 2. Type of Sod required? 3. Access to Stockpile (Will IRC allow access along backside of storm water Pond?) 4. Clarification regarding exclusion area around IRCUD well. DEADLINE FOR QUESTIONS IS 8:30 A.M., MONDAY AUGUST 15th, 2015 F\Public\Yorks\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Eield\Admm\bid documents\Pre-bid Meeting\IRC-1425_Pre- bid Meetma Minutes 20160S10.doc MANDATORY PRE-BID MEETING SIGN-IN SHEET SOUTH COUNTY PARK GENERAL USE FIELD IRC PROJECT NUMBER: 1425 IRC BID NUMBER: 2016048 August 10, 2016— 10:00 a.m. NAME COMPANY&ADDRESS PHONE#/FAX#/CELL# EMAIL ADDRESS �OrO�an 2as.e 130 s4,1 �lv U,',�,r h6r Ae h-C14NS .� � � / (����f� �/�G��' ����f'►�S��r'S�.QIrJC�jD/�, il�� mos �-I CAswC�-L 7n�UZAA/ RIvF� GFtiFG�,t_ rv�'✓7' � , �, � _ 11SS5- S, w. 444 fMF4rgI-) 4-570, Co dvernolre 60 .5 3Z - yam( 87�( Cl[Cv�' @�t (Kvrc�nstrvcho� c�� FcaL�r—� �z 5Y?S17_ C Ll r r FI rAPublic Works\ENGINEEIZING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\PreBid Meeting\Sign In Sheet.doc MANDATORY PRE-BID MEETING SIGN-IN SHEET SOUTH COUNTY PARK GENERAL USE FIELD IRC PROJECT NUMBER: 1425 IRC BID NUMBER: 2016048 August 10, 2016— 10:00 a.m. NAME COMPANY&ADDRESS PHONE#/FAX#/CELL# EMAIL ADDRESS Ve- -77 Z. zz(. — 19 6 k t T I C. 5 c) C F•\I'ublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\PreBid Meeting\Sign In Sheet.doc MANDATORY PRE-BID MEETING SIGN-IN SHEET SOUTH COUNTY PARK GENERAL USE FIELD IRC PROJECT NUMBER: 1425 IRC BID NUMBER: 2016048 August 10, 2016— 10:00 a.m. NAME COMPANY&ADDRESS PHONE#/FAX#/CELL# EMAIL ADDRESS 0,4 80v 33d-- �qB I •x9 - 5; °9 act 4L r,�. ��� - g7� - (.'vh� qsSdiv VCL H e � so ,� 9t 3 v e to 6e3 Edit - �7� - 5-3c)() vis co ns roc- }- L U & 7�Gf h1 c 51 Co VYA .33875 A ���Gersv.� �c�a,�n� . ���-•yzq -�yyy , bNi �� �-c�.� � �2Z� 77Z „�Z�l �tY� 1r' /'✓�'I'✓lup�/'���I�c��i�-�f. GD,�y,_ Awt- /53 ASS6e_4 oYr�s. (3 . ViCeO a Wes f Co",.5f rc(c I, I Mc SSC-a2q 0 ...�� �rrett 5'�I 5 � 7 r'barYef f6)Wes fcQ-A5+rucf'(:) ti°rc Ate 4PI N N o T2C-- ENLI I NEE&IL(A J67 _�Z/ Z2,& - a;?_, -e nn { e�i r C-3 011j.C J .. F•\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\PreDid Meeting\Sign In Sheet.doc 1 �glVErp Board of County Commissioners o z 180127th Street c Vero Beach, Florida 32960-3365 *•sLORI�P Telephone: (772) 567-8000 Fax: (772) 778-9391 Mandatory Pre-Bid Meeting Question Responses Project Name: SOUTH COUNTY PARK GENERAL USE FIELD Bid Number: 2016048 IRC Project Number: 1425 Pre-Bid Meeting Date: August 10, 2016 Questions noted requiring answers -James Ennis noted that all questions would have a formal written response that would be supplied to the potential bidders. 1. Location of the Stockpile indicated in the Bid Docs (5000-CY)? o Answer#1: The Stockpile is located approximately 800 feet west of the intersection of Oslo Rd and 20th Ave. SW on the north side of the road. (Approx. Lat/Long: 27deg 35'15.38"N, 80deg 24'31.18"W) 2. Type of Sod required? o Bahia Sod or approved equivalent will be acceptable. Also, please see General Note #14 on Sheet C2. 3. Access to Stockpile (Will IRC allow access along backside of storm water Pond?) o IRC will allow access to the pond via the backside of the storm water pond immediately to the west; however, contractor will be responsible, at their cost,for providing a stabilized pathway along the north side of the pond, modifying the fence for gated access meeting IRC standards and restoring the pond area within 14-days of completion of hauling activities. 4. Clarification regarding exclusion area around IRCUD well. o Vibratory equipment is not allowed within the 50 ft exclusion zone. Heavy equipment is allowed up to the existing chain link fence line surrounding the well for clearing and grubbing activities unless otherwise restricted by another contract condition such as tree protection (drip line). DEADLINE FOR QUESTIONS IS 8:30 A.M., MONDAY AUGUST 15th, 2015 P\Public\Yorks\ENGINE-EKING DIVISION PROJECTS\1425-S County Park-General Use FieldVWrnin\bid documents\Pre-bid NIeetin9\IRC-1425_Pre- bid Question Response_20160810 doc BOARD OF COUNTY COMMISSIONERS z w w FLOR1� September 13, 2016 via Email Guettler Brothers Construction, LLC Attn: Mr. Ben Guettler 4401 Whiteway Dairy Road Fort Pierce, FL 34947 NOTICE OF AWARD Reference: Indian River County Bid No.2016048 South County Park General Use Field Dear Mr. Guettler: It is my pleasure to inform you that on September 13, 2016,the Board of County Commissioners awarded the above-referenced project to your company.The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Public Construction Bond (unrecorded) in the amount of 100%of the contract amount($349,357.00). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance indicating coverage required by Article 5 of the General Conditions (section 00700 of the bid documents) and Supplemental Conditions (Section 00800 of the bid documents). Certificate(s)must name Indian River County as additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255.05(1)(a),Florida Statutes,you are required to execute a Public Construction Bond for the above referenced project.Please submit the Bond,the Certificate(s)of Insurance,and two fully-executed copies of the enclosed agreement to this office at the address provided below no later than Wednesday, September 28,2016. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of award. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact our office. Sincerely, C4,1 1 . JHyde Purchasing Manager cc:James Ennis, P.E. Office of Management and Budget •Purchasing Division 180027 th Street,Vero Beach,Florida 32960•(772)226-1416•Fax:(772)770-5140 E-mail:purchasing@ircgov.com@ircgov.com t SECTION 00520 -Agreement (Public Works) TABLE OF CONTENTS Title Paqe ARTICLE1 -WORK.................................................................................................................................2 ARTICLE2-THE PROJECT..................................................................................................................2 ARTICLE3-ENGINEER.........................................................................................................................2 ARTICLE 4- CONTRACT TIMES.........................................................................................................2 ARTICLE 5- CONTRACT PRICE..........................................................................................................3 ARTICLE 6-PAYMENT PROCEDURES.............................................................................................3 ARTICLE 7-INDEMNIFICATION........................................................................................................5 ARTICLE 8- CONTRACTOR'S REPRESENTATIONS .....................................................................5 ARTICLE 9- CONTRACT DOCUMENTS............................................................................................6 ARTICLE 10-MISCELLANEOUS.........................................................................................................7 jTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520-Agreement(Public Works)REV 06-14 00520-1 F,\Purchasing\Bids\2015-2016 FY(2016000)\2016048-South County Field\00520-Agreement(Public Works)REV 06-14.doc SECTION 00520 -Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Guettler Brothers Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows, ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project consists of clearing, filling, grading, and sodding approximately 5.21 acres for a General Use Field. Improvements include the installation of stormwater pipe, drainage inlets, a concrete driveway, and a shell roadway. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: SOUTH COUNTY PARK GENERAL USE FIELD County Project Number: 1425 Bid Number: 2016048 Project Address: 1590 9t'Street SW (Oslo Road) Vero Beach, Florida 32962 ARTICLE 3— ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 120TH calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with 00520-Agreement(Public Works)REV 06-14 00520-2 F,\Purchasing\Bids\2015-2016 FY(2016000)\2016048-South County Field\00520-Agreement(Public Works)REV 06-14.doc paragraph 14.07 of the General Conditions on or before the 1501 calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,099.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the-Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,099.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ 349,357.00 Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A.The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent 00520-Agreement(Public Works)REV 06-14 00520-3 F,\Purchasing\Bids\2015-2016 FY(2016000)\2016048-South County Field\00520-Agreement(Public Works)REV 06-14.doc (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half(1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005), or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6 03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 00520-Agreement(Public Works)REV 06-14 00520-4 F\Purchasing\Bids\2015-2016 FY(2016000)\2016048-South County Field\00520-Agreement(Public Works)REV 06-14.doc ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnif7cation) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00520-Agreement(Public Works)REV 06-14 00520-5 F*\Purchasing\8ids\2015-2016 FY(2016000)\2016048-South County Field\00520-Agreement(Public Works)REV 06-14.doc I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractors Application for Payment(pages 00622-1 to 00622-6, inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work (page 00634-1 8. General Conditions (pages 00700-1 to 00700-45, inclusive); 9. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 10. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 11. Drawings consisting of a cover sheet and sheets numbered C1 through C5, inclusive, with each sheet bearing-the following general title: General Use Field, Indian River County South County Park; 12. Addenda (numbers to , inclusive); 13. Appendices to this Agreement (enumerated as follows)- Appendix A—Permits Appendix B— Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Division Special Conditions for Right-of-Way Construction 14. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 15. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive); 00520-Agreement(Public Works)REV 06-14 00520-6 F,tPurchasing\Bidst2015-2016 FY(2016000)\2016048-South County Field100520-Agreement(Public Works)REV 06-14.doc 16.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 17.Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 18.The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); 19.Contractor's Final Certification of the Work (page 00632-1 to 00632-2 of the Specifications). ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other'party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract 00520-Agreement(Public Works)REV 06-14 00520-7 F\PurchasingOdst2015-2016 FY(2016000)\2016048-South County Field\00520-Agreement(Public Works)REV 06-14.doc shall be in Indian River County Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(ab,ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf 00520-Agreement(Public Works)REV 06-14 00520-8 F*\Purchasing\Bids\2015-2016 FY(2016000)\2016048-South County Field\00520-Agreement(Public Works)REV 06-14.doc i This Agreement will be effective on September 13 2016 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: _CONTRACTOR: INDIAN RIVER COUNTY ���b'I .•.'DPV'C"., By: By': v�CZvek�1�✓ MAriw-Wrt Bob o i, Chairma �: :s� (Contractor) : , By: :r `�' (CORPORATE SEAL) Jason . Br n, CountyInistrafi �yo�q .��i ` INSAttest N !�- APPROVED AS TO FORM AND LVqAL SUFF C ylan Reingolcf, County Attorney Address for giving notices: lellld/ l JAI- -Bu y Cka-•Y -12CI Jeffrey R. Smith, Clerk Court and Comp er License No. CGyC 1511503 Attest: (Where applicable) Deputy erk (SEAL) Agent for service of process: Designated Representative- Name: James W. Ennis, P.E., PMP Designated Representative: Title: County Engineer Name: -5e," G-j-+A-V-Q- 1801 27th Street Title: M P4vP exincZ Vero Beach, Florida 32960 Address: (772) 226-1221 4 &1 W'C/ Facsimile: (772) 778-9391 Fv,,r r-t- a'fg'4-1 Phone: W - qtpl-g3yr Facsimile* `77Z- Z/(01--90_3q (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ** END OF SECTION 00520-Agreement(Public Works)REV 06-14 00520-9 F\Purchasing\Bids\2015-2016 FY(2016000)\2016048South County Field\00520-Agreement(Public Works)REV 06-14.doc SECTION 00550 - Notice to Proceed Dated TO: (BIDDER) ADDRESS: Contract For: SOUTH COUNTY PARK GENERAL USE FIELD IRC Project No: 1425 IRC Bid No. 2016048 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 120 calendar days for Substantial Completion of this project and 150 calendar days for Final Completion. In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13 Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) 00550-Notice to Proceed REV 1-4-11 00550-1 FAPublic Works\ENGINEERING DMSION PROJECTS11425-S County Park-General Use FieldWdminWd documentsVAaster Contract Documents\00550-Notice to Proceed REV 1-4-11.doc Rev.05/01 3120160057282 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK:-2971 FG: 348,10/10/2016 3:10 PM � + r Public Work F.S.Chapter 255.05(1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2)OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 218CSHH8062 CONTRACTOR NAME: Guettler Brothers Construction LLC CONTRACTOR ADDRESS: 4401 Whiteway Dairy Road Ft. Pierce, FL 34947 CONTRACTOR PHONE NO: 772-461-8345 SURETY COMPANY NAME: Hartford Fire Insurance Company SURETY PRINCIPAL One Hartford Plaza BUSINESS ADDRESS-- Hartford, CT 06155 SURETY PHONE NO: 888-266-3488 OWNER NAME: Indian River County OWNER ADDRESS: 1800 27th Street Vero Beach, Florida 32960 OWNER PHONE NO: 772-226-1416 OBLIGEE NAME: N/A (If contracting entity is different from the owner,the contracting public entity) OBLIGEE ADDRESS: NIA NIA OBLIGEE PHONE NO: N/A BOND AMOUNT: 1349,357.00 CONTRACT NO: (If applicable) DESCRIPTION OF WORK: jouth County Park General tge Field rrrrrrrrrrrr+rrrrrr+rrrrrrrrrrrr+arrrrrrrrrrrrrrrrrrrrrrrrrrr►r PROJECT LOCATION: 1590 9th Street SW(Oslo Road) Vero Beach, Florida 32962 LEGAL DESCRIPTION: South County Park General Use Field tit applicable) E$ONTPAGF An otber bond page(s)are deemed subsequent to this page regasdleas of any page number(s)that may be printed thereon. 00610-2 00610-Public Construction Bond F-\Public Works\ENGINEERING OMSnN PROJECTSM425-S County Park-General Use FieldWdmin\bid documentsWlaster Contract Documents\00610-Public Construction Bond.doc aTRMcOPr CERTIFICATION ON LAS?PAGE J.R.SMITH.CLERK BK: 2971 PG: 349 PUBLIC CONSTRUCTION BOND Bond No.218CSHH8062 (enter bond number) BY THIS BOND, We Guettler Brothers Construction LLC , as Principal and********* Hartford Fire Insurance Company, a corporation, as Surety, are bound to Indian River County , herein called Owner, in the sum of$349,357.00 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract datedgeptemba 13, 2ni6, between Principal and Owner for construction of South County Park General Use Field , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials fumished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON September 19, 2016. Guettler Brothers Construction LLC X t�it4N►A{�� _ Name of Pri ' al (As Attomev in�,�c..}T�aelmes Hartford Fire Inae;Cgrfrtp>idyE; Name of-%RMVY,, j--. 00610-3 00610-Public Construction Bond FAPubticWorks%ENGINEERING OMSION PROJECTS%1425-S County Perk-General Use Field%Admin�bid documents\Master Contract Documents100610-PuWic Construction Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE J.R.SMITH,CLERK BK: 2971 PG: 350 Direct Inquirfea/Claims to: POWER OF ATTORNEY THE HARTFORD Bond T5 One Hartford Plaza Hartford,Connecticut 06155 call:888-2665488 or fax:860-7575835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code:21-22003 8 © Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut © Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana © Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Q Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut OTwin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois OHartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana OHartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford,Connecticut(hereinafter collectively referred to as the'Companies')do hereby make,constitute and appoint, up to the amount of Unlimited James F. Murphy, Gerald J. Arch, Michael A.. Holmes of WEST PALM BEACH, Florida their true and lawful Attomey(s)-in-Fact,each in their separate capacity if more than one is named above,to sign its name as surety(ies)only as delineated above by®,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments 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, and as authorized by a Resolution of the Board of Directors of the Companies on August 1,2009,the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. V� ��`++�„nce�. tips► 0#.' 001 — John Grey,Assistant Secretary M.Ross Fisher, Vice President STATE OF CONNECTICUT } SS. Hartford COUIfTY OF HARTFORD On this 12th day of July,2012,before me personally came M.Ross Fisher,to me known,who being by me duty swom,did depose and say that he resides in the County of Hartford,State of Connecticut;that he is the Vice President of the Companies,the corporations described in and which executed the above instrument;that he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority Kathleen T Maynard +": .� CERTifCATE Notary Public My Commission Expires July 31,2016 clothe r�r d Tsigned,Vice President of �0 ieg 00 HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power (=y said Companies,wF�icAV3 it Jti�f JC�iepreffecM as of September 19, 2016. iiia sealed at the City : ..., tic; �ZpyZO '+.. sit D- Ei Z �� '_ •lr ;�t97�` 1f796 IfTf V n 0 rn N :.1.♦ ..x- .,,. Z O=� cKevin Heckman,Assistant Vice President —_ FICA 20 O a Z�v �� 31 eDi,rn O c "' OP ID: MK ACORO` DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 09/13/2016 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 CONTACT Stuart Insurance,Inc. NAME: Joseph E Coons 3070 S W Mapp a°NN E,,:772-286-4334 F Ne 772-286-9389 Palm City,FL 34990 E-MAIL coons stuartinsurance.net Joseph .Coons,CPCU.CIC. ADDRESS:1 PRODUCER GUETB-1 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED Guettler Brothers INSURER Westfield Insurance 24112 Construction LLC Ben G.Guettler INSURER B. P.O.Box 12271 jNSURERC. Fort Pierce,FL 34979-2271 INSURER D. INSURER E. INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY (MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X X TRA7630158 06/30/2016 06/30/2017 PREMISES R occurrence $ 500,00 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 10,00 X Contractual PERSONAL&ADV INJURY S 1,000,00 X INCLUDES XCU GENERAL AGGREGATE S 2,000,00 GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY X PRO LOC $ AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT $ 1,000,00 A X ANY AUTO TRA7630158 06/30/2016 06/30/2017 (Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ X SCHEDULEDAUTOS PROPERTY DAMAGE $ X HIRED AUTOS (PER ACCIDENT) X NON-OWNED AUTOS PIP $ 10,00 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,00 A TRA7630158 06/30/2016 06/30/2017 DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N T RY LIMITS I I ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED9 r N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEd S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) GRADING OF LAND" glarlket Additio al Insured in regards tg General LLla Ili% pd Automobile Liability. Blanket Waiver of Smrogatlon Genera .lability. CERTIFICATE HOLDER CANCELLATION IRCBD-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Indian River County ACCORDANCE WITH THE POLICY PROVISIONS. 1800 27th Street Vero Beach, FL 32960 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD ACS CERTIFICATE OF LIABILITY INSURANCE TA DATE 09/14/2016 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 CONTACT NAME: Bouchard Insurance for WBSPHONE FAX P O.Box 6090 a o Ext: 866 293 3600 ext.623 AIC No: E-MAIL Clearwater,FL 33758-6090 ADDRESS. INSURERS AFFORDING COVERAGE NAIC k INSURER A: American Zurich Insurance Company 40142 INSURED INSURER B. Workforce Business Services,Inc.Alt.Emp:Guettler Brothers Construction LLC 1401 Manatee Ave.West Ste 600 INSURER C Bradenton,FL 34205-6708 INSURER D INSURER E. INSURER F. COVERAGES CERTIFICATE NUMBER:15FLO79902691 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IEXP LTR TYPE OF INSURANCE AND BR POLICY NUMBER MM/DDPOLICYIYYYY MM/DDEFF Y/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s CLAIMS-MADE r OCCUR AM PREMISE $ S Ea occurrence MED EXP(Any one person) S PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMPIOP AGG S OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ g WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY YIN X STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIM EMBER EXCLUDED? N/A WC 90-00-818 OS 12/31/2015 12/31/2016 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Location Coverage Period: 12/31/2015 12/31/2016 Client# 050682 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Coverage Is provided for Guettler Brothers Construction LLC only those co-employees 4401 White Way Dairy Road of,but not subcontractors Fort Pierce,FL 34947 to: CERTIFICATE HOLDER CANCELLATION Indian River County Building Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1800 27th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Vero Beach,FL 32960 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD SECTION 00622 - Contractor's Application for Payment SOUTH COUNTY PARK GENERAL USE FIELD Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Bid No.: 2016048 Project No.: 1425 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or-): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): % of completed Work: % of retainage: $ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION 6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622-Contractors Application for Payment-03-10 rev 00622-1 F-%Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldlAdminlbid documentsXMaster Contract Documents\00622-Contractor's Application for Payment-03-10 rev.doc Rev 05/01 Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310, and Dated By: (CONTRACTOR— must be signed by an Officer of the Corporation) Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this day of , 20 is personally known to me or has produced as identification. NOTARY PUBLIC: (SEAL) Printed name: Commission No.: Commission Expiration: Please remit payment to: Contractor's Name: Address: [The remainder of this page was left blank intentionally] 00622-Contractor's Application for Payment-03-10 rev 00622-2 F.\Public WorkskENGINEERING DIVISION PROJECTS11425 S County Park-General Use FleldWdmintbid documents\Master Contract Documents\00622-Contractors Application for Payment-03-10 rev.doc Rev 05/01 Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, , a corporation, in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Corporate Surety Business Address BY: Print Name: Title: (Affix Corporate SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared , to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this day of 20 Notary Public, State of My Commission Expires: [The remainder of this page was left blank intentionally] 00622-Contractors Application for Payment-03-10 rev 00622-3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\00622-Contractors Application for Payment-03-10 rev.doc Rev 05/01 Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE **************************************************************************************************** [The Remainder of This Page Was Left Blank Intentionally] 00622-Contractor's Application for Payment-03-10 rev 00622-4 F:1Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admintbid documentsXMaster Contract Documents\00622-Contractors Application for Payment-0310 rev.doc Rev 05/01 Page 5 of 5 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): 00622-Contractor's Application for Payment-03-10 rev 00622-5 F:1Public WorkstENGINEERING MIS ION PROJECTS11425-S County Park-General Use Field\Admin\bid documentsWaster Contract Documents\00622-Contractor's Application for Payment-0310 rev.doc Rev 05/01 PROJECT NAME: SOUTH COUNTY PARK GENERAL USE FIELD Project No. 1425 Payment Application No. Tylle BALANCE TO SCHEDULED VALUE APPLICATION7ANTITY HIS PERIOD TOTAL COMPLETED % MATERIALS FINISH Item No. Descri tion Unit QuantityUnit Price Amount QUANTITY TOTAL TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL .Jr -.+a'r •`I �,.'tr o•'.f:'S::' '�' 'I I`�F.r' . µ�i'. y..:� , SUBTOTAL SUBTOTAL 0.00 1 0.00 0.00 0.00 1 0.00 0.00 FORCE ACCOUNT 1 LS . .. .. .. .. - - , r ..J..ti••- .7. - - '.�''/.." •.L"Y. ,�y w{'..ri�':C+.r.�:r..+ ..T:J.�:' ✓'"� '•�l GRAND TOTAL TOTAL 0.00 AMOUNT COMPLETED TO DATE $0.00 MATERIALS STORED TO DATE $0.00 SUB-TOTAL MATERIALS STORED AND COMPLETED TO D DATE $0.00 G) RETAINAGE AT 10% $0.00 0 o TOTAL COMPLETED AND STORED LESS RETAINAGE $0.00 rn N N LESS PREVIOUS PAYMENT $0.00 AMOUNT DUE CONTRACTOR $0.00 F•\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bld documents\Master Contract Documents\00622-Contractor's Application for Payment Spreadsheet Example.doc SECTION 00630 - Certificate of Substantial Completion Date of Issuance: 20 OWNER: Indian River County CONTRACTOR- Project No.: 1425 Project Description: The proposed project consists of clearing, filling, grading, and sodding approximately 5.21 acres for a General Use Field. Improvements include the installation of stormwater pipe, drainage inlets, a concrete driveway, and a shell roadway. OWNER's Bid No. 2016048 CONTRACT FOR: SOUTH COUNTY PARK GENERAL USE FIELD This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To- OWNER And To- CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 30 calendar days of the above date of Substantial Completion. 00630-Certificate of Substantial Completion REV 04-07 00630-1 F Tublic Works\ENGINEERING DNISION PROJECTS\1425 S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\00630-Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER:- CONTRACTOR:- The WNER:CONTRACTOR:The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: (Date). ENGINEER: By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER: INDIAN RIVER COUNTY By: (Authorized Signature) * * END OF SECTION 00630-Certificate of Substantial Completion REV 04-07 00630-2 FAPublic WorksIENGINEERING DMSION PROJECTS11425-S County Park-General Use FielOAdminlbid documentsWlaster 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: SOUTH COUNTY PARK GENERAL USE FIELD IRC PROJECT NO: 1425 STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 00632-1 F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\00632-Contractor's Final Certification REV 04-07.doc 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Corporate Seal) (Contractor) By: Subscribed and sworn to before me this_day of , 20 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + 00632-2 F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documents\Master Contract Documents\00632-Contractor's Final Certification REV 04-07.doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER'S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: (Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project: PROJECT NAME: SOUTH COUNTY PARK GENERAL USE FIELD INDIAN RIVER COUNTY PROJECT# 1425 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] (SURVEYOR'S SEAL) CERTIFIED BY: Printed Name: Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name: Company Address: Telephone Number: 00634-Professional Surveyor and Mappers Cert 00634-1 FAPublic WorksIENGINEERING DNISION PROJECTS\1425 S County Park-General Use FieldWdminibid documentsWlaster Contract Documents\00634-Professional Surveyor and Mappers Cert.doc Rev.06101 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright©1996 National Society of Professional Engineers' 1420 King Street, Alexandria,VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY... ............. . ......... ... ..... .. .. . .... .. ... ... . ....... ...5 1.01 Defined Terms. .... . ............... . . ..... ... ........ ....... . .... ... . .......... .. ....... ..... ........5 1.02 Terminology . .............. .. ..... .. ..... .... . .. . ..... ..7 ... .. .. . . .. . .. .. .. ..... ... .. . .... ARTICLE 2- PRELIMINARY MATTERS . ........... .... .. . ... .. ............ ... ........ . ......... 8 2.01 Delivery of Bonds.... . .......... ... ........... ... . ....... .. .... . ... ..... . . ... ..... .... 8 2.02 Copies of Documents....... . .... .. . .. ..... ...... .. ............ .... ..... . . .... . .......... . .. 8 2.03 Commencement of Contract Times,Notice to Proceed..... .. . ...... . .. . ......... .. .. .. ......... .8 2.04 Starting the Work........... . .. . ............ . .. . .. . .. . . .... ... . . .......... . ... .. ..... 8 2.05 Before Starting Construction.... ..... ... ....... .................. .. ..8 2.06 Preconstruction Conference. ......... ... ... ..... ... . . ............. ...... . . .. .... ..... ........ .. 9 2.07 Initial Acceptance of Schedules.. ......... . . .. .. . ...... ... .. ..... .... . . .. . . 9 ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .. .. .... . . . . ........ 9 3 01 Intent.. .. . .. ... ......... . ....... ....... ... . . ....... . ...... . ........ ... .. ... ...... .....9 3.02 Reference Standards .. ...... . ....... ........... ..... ... ..... . . . . ..... ...... . .. 10 3.03 Reporting and Resolving Discrepancies .. ... . . ..... ....... .... . .. ........ ...10 3.04 Amending and Supplementing Contract Documents. . ........ . ... ... . . .. .. .. ... . ... ..10 3 05 Reuse of Documents............... . .. . . .. ....... ......... . ....... ..... ... . ... . ........ ...... ........ ...10 ARTICLE 4 -AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS..... . . . . ........ . ... .. .. . ... ...... . . .11 4.01 Availability of Lands. ... ... .. . ...... ... .............. . . .. . .... ..... . .. .... ..11 4 02 Subsurface and Physical Conditions. ...... . .. . ....... ... .......... ... ... . .... . . 11 4 03 Differing Subsurface or Physical Conditions.... ... . .. . .. .. .... 11 4 04 Underground Facilities.. . .... ... ..... ... ... . . . ........ ...... .. . . ... .. . ... . ..... 12 4 05 Reference Points ...... ..... ......... . ... ..... ... ......... .13 4.06 Hazardous Environmental Condition at Site .... ............... .... . .. ... . ...13 ARTICLE 5- BONDS AND INSURANCE.. . .. . ............. ... ... .... . ......... ..... ........ .14 5 01 Performance, Payment, and Other Bonds....... .... .... .......... . ...... . . . .... ..14 5 02 Licensed Sureties and Insurers .... ........... ... ... ...... ... .... .15 . .. ....... ... 5 03 Certificates of Insurance..... .... .... . . ... . .... . ........... . ..... ....... ......15 5 04 CONTRACTOR's Liability Insurance.. ... .. ... .............. .... ..15 5.05 OWNER's Liability Insurance.......... . . . .. .. . . .. .. . ....... .. .. . .16 5 06 Property Insurance.... . .... .... . . ........ . ...... .. . ........ . .. .. .... . .16 5.07 Waiver of Rights......... . ....... .... .. . ... ... .. .. ..... .. .... ... 17 5.08 Receipt and Application of Insurance Proceeds ........ ........ .......... .. . ... . . .. .. . ... . .. ........ 18 5 09 Acceptance of Bonds and Insurance; Option to Replace . .. .. ...... .... .. ... . .18 5 10 Partial Utilization, Acknowledgment of Property Insurer. .... ....... . .................. . .. . ... . ... .18 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES. . .... ... . ....... . .. ......... . . ......... ..... . . ............18 6 01 Supervision and Superintendence.......... ........... .. .... . .. .... ... .. .... .. ....... .... . . ... . .18 6.02 Labor, Working Hours .. .... ........ ..... . ... .... ... .. ... .. . . . .. .... ...... ....... .. . 19 6.03 Services, Materials, and Equipment. ........ . . . . ....... .. . .... . . . ........ ..... .. .19 6.04 Progress Schedule... .. ...... ..... . . .. . . . . ... .. ...... . . .. . ...19 6 05 Substitutes and"Or-Equals.. ......... .. ...... .... ......... ...... . .. .. . . .... ........... . . ... 19 00700-General Conditions REV 5-10-13 00700-2 F\PubLc WorkAENGMEERING DIVISION PROJECTS\1425-S County Park-Genual Use Feld\Admin\bid documenuVNaster Contract Documents\00700-General Conditions REV 5-10-13.doc 6 06 Concerning Subcontractors, Suppliers, and Others ....... .. . ..... . . .. ....... ..... .. . ...........21 6.07 Patent Fees and Royalties ..... .. .. . .. .. . ...... . ....... ... I.. . . .... ....... . ....... .... ...... .22 6.08 Permits... . .. ...... .. . .. ... ........... ...... .. . .... . .. ..... . ....... . . .. .. .... . .22 6 09 Laws and Regulations.... ... . .... .......... .. .. . .... ........ ... . ..... .. .. . . .... . . ... ... .... . .. ..22 6 10 Taxes........ .. ... . .. ........... ...... .. . ... ... . ....... . .. ... .. . ..... ... ... ... . ...................22 6.11 Use of Site and Other Areas ........... ... .. .. .. ....... . . ...... ....... ... ....... .. .. ........ . .22 612 Record Documents . ....... .. . ........ ...... . . ...... .. ..... ... . . . . ..... ...... .. .. ...23 6.13 Safety and Protection... . ...... ..... ......... . ......... .. ....... ... ... ... ...... .. .. . ..... .... ....... ...23 6.14 Safety Representative.... . . . ..... ............. . ... ... .......... . .......... .. ........... ..... .. .... . .............24 6 15 Hazard Communication Programs.. . . ... ... . .... ... ... . .. .. ... .. .... . ...... .. ... ..24 6.16 Emergencies....... ..... ..... . .......... .... .. .. .. ..... . ....... . .. ....... .... ... . . ..... ..... . ..24 6.17 Shop Drawings and Samples. ......... ... . .. ... ...... ...... ...... .. .. . .... ...... . ...... . .... .....24 6.18 Continuing the Work ... ............ .. . ... ...... .. .... .. . .. . .......... . . . . ........ .... .. ...... ... . .25 6.19 CONTRACTOR's General Warranty and Guarantee .. ...... ... . .. . . . .. . . . .... ... ...... .25 6.20 Indemnification................... .. ......... .. .. ... ........ . .. . ..... . .. .. .......... ....... . ...... ...... .26 ARTICLE 7-OTHER WORK. .. .. ........ . .... .. ... .... . . .. ..... . ..... . ........... . ..... . ............. . .......... .26 7 01 Related Work at Site . . ............ ... . . .. ...... .... ... . .. . ...... ... ... . .. ....... ... .26 7.02 Coordination... ... ............ . . ... . ........ .. .. . .... .. ... . . .. . ........ . ...... . 27 ARTICLE 8-OWNER'S RESPONSIBILITIES.. .. ............ .. ...... ...... . ...... .. ........ ..... . ...... .. ... ....27 8 01 Communications to Contractor.......... ..... .. .. ... ..... .. . . ..... . .. ...... . . . .. . .. . ... .........27 8 02 Replacement of ENGINEER. .. ... ... . ... .. . .. ..... ......... . ..27 8.03 Furnish Data............ .... . . .. ..... . ... .. . .... . . ...... .. .27 8.04 Pay Promptly When Due.... . ... . . ........ . . ... ......... . .......... . ..... ....... . . .. .... ....27 8 05 Lands and Easements,Reports and Tests .... ... .. ............ ........ ....... . ...... .... ..... ......... .27 8.06 Insurance.... .... . .. . . .. ..... ...... .. . .. .. ... ........ . .. ...... . . . .. .... .... ... . ..... . ..28 8 07 Change Orders . ....... ... . ... .. . . . ... . .. .... . .28 .. ... . ...... 8.08 Inspections, Tests, and Approvals.... . . .... .. .... .. ...... .... ... ..... . . . .28 8.09 Limitations on OWNER's Responsibilities. .. . .... .. ... . ....... .. .28 8.10 Undisclosed Hazardous Environmental Condition. ....... ... .. ....... ....... . . . ... . . .... ... . .. ...28 8.11 Evidence of Financial Arrangements. ..... .. ... ... ... ..28 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION . ... .. . . ...... .... ..28 9.01 OWNER'S Representative... . .......... . . .... . .... ... .. .... . . . .... ......... . ...... . .28 9.02 Visits to Site ... . . ..... ...... ... ... ... .. ...... . . . .... . ..... . . .... . . ..... .28 9.03 Project Representative ... . .. ................ . . .. .......... . . ...... ....... .. . . . .... .... ... .28 9 04 Clanflcations and Interpretations ... ... ....... . . .. . ..... ... . .. ..... . ..... . .. .29 9 05 Authorized Variations in Work.... .. . . . .. . .... . ....29 9 06 Rejecting Defective Work ........ ...... ... ... .. . ...... . . . .. ......... ......... .29 9.07 Shop Drawings, Change Orders and Payments .... ...... . .... .. .. .. ..... ........ . ... . .29 9 08 Determination for Unit Price Work... . .. . . . ... ........ ..... ... ..... . .. . .. .... ......... .29 9 09 Decisions on Requirements of Contract Documents and Acceptability of Work.. .. .29 9 10 Limitations on ENGINEER's Authority and Responsibilities . . .. . ...... . .. ..30 ARTICLE 10-CHANGES IN THE WORK; CLAIMS....... .. ... . .. .. .. . ............ . . . 30 10 01 Authorized Changes in the Work.. . . .. ..... .. ......... . 30 10 02 Unauthorized Changes in the Work . ....... .. . . ... ... .. . ... . .... . . ...... ............30 10 03 Execution of Change Orders. ... ... . ......... . . . ...... ... ... ... .. . .. .. ...... . . . ... . .........30 10 04 Notification to Surety. .. .. . . .. ... ...... ....... .. .... .........31 10.05 Claims and Disputes. . .. .... . ...... .. ... ... ... 31 00700-General Conditions REV 5-10-13 00700-3 F,\Pubbc Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid doaments\Master Contract Documems\00700-General Conditions REV 5-10-13.doc ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK . ..... .. ... .. ....... . .. 32 11.01 Cost of the Work.. ... . ..... ......... ...... .. . . .. ......... .. . ..... . . ....32 11 02 Cash Allowances . .. .. . ... .. ...... .. ... ......... . .. ..... . ..... ..... . ..... .... .... ........... 34 11 03 Unit Price Work . . ............. . .... ..... . . ... ..... . . .. .... .... . ..... .34 ARTICLE 12-CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.. ..... . . ........ .. .. ... ....... ..34 12.01 Change of Contract Price . . .. ... . .... ................ . .. ..... .. ..... .. . . ...... ... .......... .34 12.02 Change of Contract Times........ ..... . ................ ........ .. ......... . ... .. ........ . 35 12.03 Delays Beyond CONTRACTOR's Control. ........ . . . .. ....... ............. . ..... . ........ . ......35 12.04 Delays Within CONTRACTOR's Control .... .... ...... . ... ... . .......... . ..... . .. .......... 35 12.05 Delays Beyond OWNER'S and Contractor's Control ... ...... ........... . ...... .... ... . ....... . 35 12.06 Delay Damages ............... .. ....... . .. ... ... ......... ........ .......... ........... . . ...36 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK...... . . .............. . . .. ... . ....... . .. ... . ... .. . ........ ............ . . ....... 36 13 01 Notice of Defects . . .. . ........ .. ....... . ........ . .... ... ... .. . . ...... . . ..... 36 13 02 Access to Work........ .. . . . . ...... . . . .. . . ...... .... . ... . .. .. .. ...... . . .. . . . ...36 13.03 Tests and Inspections....... ... . ..... .... .. ... ..... . . . ........... . . .... .. .... .......... 36 13.04 Uncovering Work..... .. ...... . ........... .. .. .. . .......... . ... ... . .... . ..... . ... ........ ....... .... 37 13.05 OWNER May Stop the Work. .. ... . .......... . . .. ..... ..... ... .... ... .. . ..... ... . .. .... 37 13 06 Correction or Removal of Defective Work ..... ... ...... . .. ... .... . . ........... ........ ....37 13 07 Correction Period. . .. . . . . ....... . .... ... . ..... .. ...... .. .. .. ...... .. .... ......... ..37 13.08 Acceptance of Defective Work.. ... . . .......... . .. ..... . .. ....... .... ... . ...... .. ....... . 38 13 09 OWNER May Correct Defective Work. .. . . ...... .... ......... ... . . .... .. ... . . ....... 38 ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION . .. ............. . . ..... ...... .... . ..39 14.01 Schedule of Values ... .. ...... .. . ...... .... .. ..... .. ..... .. ....... . . .. .. 39 14.02 Progress Payments....... ... ... ........... . .... .. ... . ....... .... . . . ... .... ... .. 39 14 03 CONTRACTOR's Warranty of Title.. ... . ... . . .. .... . . ... . ... .. ... ...40 14 04 Substantial Completion... . ... ............ . ... . .. 41 14.05 Partial Utilization ............. . .... .. . .. ..... ........ . ... . . . .. . ..... .41 14 06 Final Inspection....... . ....... ......... .. ... .... ... . ....... ...... ....42 14.07 Final Payment...... . .. ... . .. . ... .... .......... ... .... ..... ...... ..... ...... . . . ..... .. ..... 42 14.08 Final Completion Delayed.......... ........ .. ............ ...... .. .............. ............ ................42 14.09 Waiver of Claims. ... . . ... ........ ... ... . . ....... ...43 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION ... ... .... . ... 43 15.01 OWNER May Suspend Work............... ..... ... .. . ... . .... ...43 15 02 OWNER May Terminate for Cause .... ........... . .... ... ... . . . .... ... . ...... ......... . ..... 43 15 03 OWNER May Terminate For Convenience ... ... . . ..... .. 44 15 04 CONTRACTOR May Stop Work or Terminate .. ..... .. . .. ... ... .. . 44 ARTICLE 16-DISPUTE RESOLUTION ... ..... . .... . .. ... .. . . ...... . .44 16.01 Methods and Procedures . .... . . ....44 ARTICLE 17-MISCELLANEOUS........... ..... .. ........... . .. . .. .... .... . .......... .. .. ...44 17 01 Giving Notice. ... ...... ..... . ........... ...... ......... .... ........ .....44 17.02 Computation of Times . .. ............. ..... ....... . ... ........ . . . .. . ...... . ... ........ 44 17.03 Cumulative Remedies . . . ....... . . . . ..... .... . . .. ......... ........ .. . . . ..... ... ... ...44 17.04 Survival of Obligations. ............ . .. . . ......... ..... .. ... . .... .. ....... ... .... . ... ....45 17.05 Controlling Law... ... .. . . ...... ..... .... .. ... . . .. ........ ...... ... ... ....45 00700-General Conditions REV 5-10-13 00700-4 F'1PubGc Works\ENGINEERING DMSION PROJECTS\1425-S County Park-General Use Field\A m \bid do wts Master Comma Doaunmts\00700-General Conditions REV 5-10-13.doc GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 10. Claim—A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other 1.01 Defined Terms relief with respect to the terms of the Contract. A demand for money or services by a third party is not a A. Wherever used in the Contract Documents Claim. and printed with initial or all capital letters, the terms listed below will have the meanings indicated which 11. Contract—The entire and integrated are applicable to both the singular and plural thereof. written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract 1. Addenda—Written or graphic instruments supersedes prior negotiations, representations, or issued prior to the opening of Bids which clarify, agreements,whether written or oral. correct, or change the Bidding Requirements or the Contract Documents. 12. Contract Documents—The Contract Documents establish the rights and obligations of the 2. Agreement—The written instrument which parties and include the Agreement, Addenda (which is evidence of the agreement between OWNER and pertain to the Contract Documents), CONTRACTOR's CONTRACTOR covering the Work. Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3. Application for Payment—The form Notice of Award) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed, the Bonds, these CONTRACTOR during the course of the Work in General Conditions, the Supplementary Conditions, requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents. with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's 4. Asbestos—Any material that contains written interpretations and clarifications issued on or - more than one percent asbestos and is friable or is after the Effective Date of the Agreement. Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract tional Safety and Health Administration. Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files 5. Bid—The offer or proposal of a bidder in electronic media format of text, data, graphics, and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed. CONTRACTOR are not Contract Documents. 6. Bidding Documents--The Bidding 13. Contract Price—The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the (including all Addenda issued prior to receipt of Bids). Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of 7. Bidding Requirements—The paragraph 11.03 in the case of Unit Price Work). Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form 14. Contract Times—The number of days or with any supplements. the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so 8 Bonds—Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security. ENGINEER's written recommendation of final pay- ment. 9. Change Order—A document recommend- ed by ENGINEER which is signed by CONTRACTOR 15. CONTRACTOR—The individual or entity and OWNER and authorizes an addition, deletion, or with whom OWNER has entered into the Agreement. revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the 16. Cost of the Work—See paragraph 11 01.A Effective Date of the Agreement. for definition 00700-General Conditions REV 5-10-13 00700-5 F-Tublic Works\ENGWEERING DIVISION PROJECTS\1425-S County Park-General Use Feld\?.dmin\bid doaunentsWasta Contract Documents\00700-Gareral Conditions REV 5-10-13.doc 17. Drawings—That part of the Contract 27 Milestone—A principal event specified in Documents prepared or approved by ENGINEER the Contract Documents relating to an intermediate which graphically shows the scope, extent, and completion date or time prior to Substantial Comple- character of the Work to be performed by tion of all the Work. CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so 28. Notice of Award—The written notice by defined. OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful 18. Effective Date of the Agreement—The bidder with the conditions precedent listed therein, date indicated in the Agreement on which it becomes OWNER will sign and deliver the Agreement. effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered 29. Notice to Proceed—A written notice given by the last of the two parties to sign and deliver. by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and 19 ENGINEER—The individual or entity on which CONTRACTOR shall start to perform the named as such in the Agreement. Work under the Contract Documents. 20. ENGINEE=R�s Consultant An individual o 30. OWNER—The individual, entity, public entity having a nnntrnnt with ENGINEER to furnish body, or authority with whom CONTRACTOR has see Wines as ENGINEER's iRdenenden+ Fefessienal entered into the Agreement and for whom the Work is to be performed who is identified as sash in the Supplementa.T Conditions. 31. Partial Utilization—Use by OWNER of a substantially completed part of the Work for the pur- 21. Field Order—A written order issued by pose for which it is intended (or a related purpose) ENGINEER which requires minor changes in the prior to Substantial Completion of all the Work. Work but which does not involve a change in the Contract Price or the Contract Times. 32. PCBs—Polychlorinated biphenyls. 22. General Requirements—Sections of 33. Petroleum—Petroleum, including crude oil Division 1 of the Specifications. The General or any fraction thereof which is liquid at standard Requirements pertain to all sections of the Specifica- conditions of temperature and pressure (60 degrees tions. Fahrenheit and 14 7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil 23. Hazardous Environmental Condition—The refuse, gasoline, kerosene, and oil mixed with other presence at the Site of Asbestos, PCBs, Petroleum, non-Hazardous Waste and crude oils. Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a 34. Project—The total construction of which substantial danger to persons or property exposed the Work to be performed under the Contract thereto in connection with the Work. Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 24. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 35. Project Manual—The bound documentary 1004 of the Solid Waste Disposal Act (42 USC information prepared for bidding and constructing the Section 6903)as amended from time to time. Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is 25. Laws and Regulations; Laws or Regulat- contained in the table(s)of contents. ions—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govem- 36. Radioactive Material—Source, special mental bodies, agencies, authorities, and courts nuclear, or byproduct material as defined by the having jurisdiction. Atomic Energy Act of 1954 (42 USC Section 2011 et seq.)as amended from time to time 26. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or 37. Resident Project Representative—The personal property authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 00700-General Conditions REV 510-13 00700-6 F(Public WorksIENGINEERING DNISION PROJECTS\1425 S County Park-General Use Field%Adminlbid documentsXMaster Contract Documents\D0700-General Conditions REV 51D- 13.doc 38. Samples—Physical examples of steam, liquid petroleum products, telephone or other materials, equipment, or workmanship that are communications, cable television, water, wastewater, representative of some portion of the Work and which storm water, other liquids or chemicals, or traffic or establish the standards by which such portion of the other control systems. Work will be judged. 47. Unit Price Work—Work to be paid for on 39. Shop Drawings—All drawings, diagrams, the basis of unit prices. illustrations, schedules, and other data or information which are specifically prepared or assembled by or for 48. Work—The entire completed construction CONTRACTOR and submitted by CONTRACTOR to or the various separately identifiable parts thereof re- illustrate some portion of the Work. quired to be provided under the Contract Documents. Work includes and is the result of performing or 40. Site—Lands or areas indicated in the providing all labor, services, and documentation Contract Documents as being furnished by OWNER necessary to produce such construction, and upon which the Work is to be performed, including furnishing, installing, and incorporating all materials rights-of-way and easements for access thereto, and and equipment into such construction, all as required such other lands furnished by OWNER which are by the Contract Documents. designated for the use of CONTRACTOR. 49 Work Change Directive—A written 41. Specifications—That part of the Contract statement to CONTRACTOR issued on or after the Documents consisting of written technical descriptions Effective Date of the Agreement and signed by of materials, equipment, systems, standards, and OWNER and recommended by ENGINEER ordering workmanship as applied to the Work and certain an addition, deletion, or revision in the Work, or administrative details applicable thereto. responding to differing or unforeseen subsurface or physical conditions under which the Work is to be 42. Subcontractor—An individual or entity performed or to emergencies. A Work Change having a direct contract with CONTRACTOR or with Directive will not change the Contract Price or the any other Subcontractor for the performance of a part Contract Times but is evidence that the parties expect of the Work at the Site. that the change ordered or documented by a Work Change Directive will be incorporated in a subse- 43 Substantial Completion—The time at quently issued Change Order following negotiations by which the Work (or a specified part thereof) has the parties as to its effect, if any, on the Contract Price progressed to the point where, in the opinion of or Contract Times. ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract 50 Written Amendment—A written statement Documents, so that the Work (or a specified part modifying the Contract Documents, signed by thereof) can be utilized for the purposes for which it is OWNER and CONTRACTOR on or after the Effective intended. The terms "substantially complete" and Date of the Agreement and normally dealing with the "substantially completed"as applied to all or part of the nonengineering or nontechnical rather than strictly Work refer to Substantial Completion thereof construction-related aspects of the Contract Docu- ments. 44. Supplementary Conditions—That part of the Contract Documents which amends or 102 Terminology supplements these General Conditions. A. Intent of Certain Terms or Adjectives 45 Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a 1. Whenever in the Contract Documents the direct contract with CONTRACTOR or with any terms "as allowed," "as approved," or terms of like Subcontractor to furnish materials or equipment to be effect or import are used, or the adjectives incorporated in the Work by CONTRACTOR or any "reasonable," "suitable," "acceptable," "proper," Subcontractor "satisfactory," or adjectives of like effect or import are used to describe an action or determination of 46. Underground Facilities—All underground ENGINEER as to the Work, it is intended that such pipelines, conduits, ducts, cables, wires, manholes, action or determination will be solely to evaluate, in vaults, tanks, tunnels, or other such facilities or general, the completed Work for compliance with attachments, and any encasements containing such the requirements of and information in the Contract facilities, including those that convey electricity, gases, Documents and conformance with the design 00700-General Conditions REV 5-10-13 00700-7 FAPublic Works\ENGINEERING DMSION PROJECTS11425-S County Park-General Use FieldLMmintbid documents\Master Contract Documentst00700-General Conditions REV 5-10- 13.doc concept of the completed Project as a functioning 4 When "furnish," "install," "perform," or whole as shown or indicated in the Contract "provide" is not used in connection with services, Documents (unless there is a specific statement materials, or equipment in a context clearly indicating otherwise). The use of any such term or requiring an obligation of CONTRACTOR, adjective shall not be effective to assign to ENGI- "provide" is implied. NEER any duty or authority to supervise or direct the performance of the Work or any duty or E. Unless stated otherwise in the Contract Docu- authority to undertake responsibility contrary to the ments, words or phrases which have a well-known provisions of paragraph 9.10 or any other provision technical or construction industry or trade meaning are of the Contract Documents. used in the Contract Documents in accordance with such recognized meaning. B. Day 1. The word "day" shall constitute a ARTICLE 2 - PRELIMINARY MATTERS calendar day of 24 hours measured from midnight to the next midnight. 2.01 Delivery of Bonds C. Defective A. When CONTRACTOR delivers the executed 1 The word "defective,"when modifying Agreements to OWNER, CONTRACTOR shall also the word "Work," refers to Work that is deliver to OWNER such Bonds as CONTRACTOR unsatisfactory, faulty, or deficient in that it does may be required to furnish. not conform to the Contract Documents or does not meet the requirements of any inspection, 2.02 Copies of Documents reference standard, test, or approval referred to in the Contract Documents, or has been A. OWNER shall furnish to CONTRACTOR up damaged prior to ENGINEER's recom- to ten copies of the Contract Documents. Additional mendation of final payment (unless responsi- copies will be furnished upon request at the cost of bility for the protection thereof has been reproduction. assumed by OWNER at Substantial Completion in accordance with paragraph 2.03 Commencement of Contract Times; Notice 14.04 or 14 05). to Proceed D Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- 1. The—we.rd- "furnish," when used in ment or, if a Notice to Proceed is given, on the day Gernest,on with services, mateFia;s, sf indicated in the Notice to Proceed. A Notice to Pro- equipment, shall nean to supply and del ver ceed may be given at any time within 30 days after the said seFV*Ges FriateFialsGF equipment to the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the use or „stall.,+ion -and- iR usable eF ninetieth day after the day of Bid opening or the senditiGR. thirtieth day after the Effective Date of the Agreement, whichever date is earlier. �. The-werd""ias ll," whea—used in se.nnenstien with seFv ses, materials, eF 2.04 Starting the Work equipmeRt, shall Fnean to put Onto use Gr p!aG-e in final position smdseNiGes, rnateFi ls, er A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- use. mence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to 3. The weFds u run. when used *n nnnneGbGR with�eru Ges 2.05 Before Starting Construction and—ins install said— sew;aes, F+aaM Na;s, er A. CONTRACTOR's Review of Contract Docu- ase. ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the 00700-General Conditions REV 510-13 00700-8 F"1Public Works\ENGINEERING DIVISION PROJECTS11425 S County Park-General Use FieldWmWbid documentsWaster Contract Documents100700-General Conditions REV 510- 13.doc Contract Documents and check and verify pertinent :corking uRdeFsta^Ming among the paFties s to +� figures therein and all applicable field measurements. Work and to d;sGuss the sGhedules FefeFred to an paFa- CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and Payment, and Fnai^+^iging . Fed . gFdS. shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected 2.07 Initial Acceptance of Schedules thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any A. Unless otherwise provided in the Contract conflict, error, ambiguity, or discrepancy in the Documents, at least ten days before submission of the Contract Documents unless CONTRACTOR knew or first Application for Payment a conference attended by reasonably should have known thereof CONTRACTOR, ENGINEER, and others as appropri- ate will be held to review for acceptability to ENGI- B. Preliminary Schedules: Within ten days after NEER as provided below the schedules submitted in the Effective Date of the Agreement(unless otherwise accordance with paragraph 2.05.13. CONTRACTOR specified in the General Requirements), CONTRAC- shall have an additional ten days to make corrections TOR shall submit to ENGINEER for its timely review- and adjustments and to complete and resubmit the schedules. No progress payment shall be made to 1. a preliminary progress schedule CONTRACTOR until acceptable schedules are indicating the times (numbers of days or dates) submitted to ENGINEER. for starting and completing the various stages of the Work, including any Milestones specified 1. The progress schedule will be in the Contract Documents; acceptable to ENGINEER if it provides an orderly progression of the Work to completion 2. a preliminary schedule of Shop within any specified Milestones and the Drawing and Sample submittals which will list Contract Times. Such acceptance will not each required submittal and the times for sub- impose on ENGINEER responsibility for the mitting, reviewing, and processing such progress schedule, for sequencing, scheduling, submittal; and or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's 3 a preliminary schedule of values for full responsibility therefor. all of the Work which includes quantities and prices of items which when added together 2. CONTRACTOR's schedule of Shop equal the Contract Price and subdivides the Drawing and Sample submittals will be Work into component parts in sufficient detail to acceptable to ENGINEER if it provides a serve as the basis for progress payments workable arrangement for reviewing and during performance of the Work. Such prices processing the required submittals. will include an appropriate amount of overhead and profit applicable to each item of Work. 3 CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component each deliver to the tither, with--dies to—eaGR parts of the Work. Gendit+ens, Ger#if,iGates o insufa„GG —(and— ether ARTICLE 3-CONTRACT DOCUMENTS. INTENT, evidease of insuranGwhiG.h eitheF ef them or any AMENDING, REUSE CONTRACTOR aad—O:OWNER respeGtvery—are 301 Intent ArtiGle 5. A. The Contract Documents are comple- 2 06 Preconstruction Conference mentary; what is called for by one is as binding as if called for by all. to FuR, but befoFe any Wank at the Sate as staFted B. It is the intent of the Contract Documents to describe a functionally complete Project(or part there- and others a +e will be held to es+-Mesh a of) to be constructed in accordance with the Contract - 00700-General Conditions REV 570.13 00700-9 FAPublic Works\ENGINEERING DIVISION PROJECTS\1425 S County Park-General Use FieldlAdmin\bid documentslAAaster Contract Documents\00700-General Conditions REV 510- 13.doc Documents. Any labor, documentation, services, CONTRACTOR shall report it to ENGINEER in materials, or equipment that may reasonably be writing at once. CONTRACTOR shall not inferred from the Contract Documents or from proceed with the Work affected thereby (except prevailing custom or trade usage as being required"to in an emergency as required by paragraph produce the intended result will be provided whether 6.16.A) until an amendment or supplement to or not specifically called for at no additional cost to the Contract Documents has been issued by OWNER. one of the methods indicated in paragraph 3.04, provided, however, that CONTRACTOR C Clarifications and interpretations of the shall not be liable to OWNER or ENGINEER for Contract Documents shall be issued by ENGINEER failure to report any such conflict, error, as provided in Article 9. ambiguity, or discrepancy unless CON- TRACTOR knew or reasonably should have 302 Reference Standards known thereof A. Standards, Specifications, Codes, Laws, and B Resolving Discrepancies Regulations 1. Except as may be otherwise 1 Reference to standards, specifica- specifically stated in the Contract Documents, tions, manuals, or codes of any technical the provisions of the Contract Documents shall society, organization, or association, or to Laws take precedence in resolving any conflict, error, or Regulations, whether such reference be ambiguity, or discrepancy between the specific or by implication, shall mean the stan- provisions of the Contract Documents and: dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of a. the provisions of any standard, Bids (or on the Effective Date of the Agreement specification, manual, code, or instruction if there were no Bids), except as may be (whether or not specifically incorporated by otherwise specifically stated in the Contract reference in the Contract Documents); or Documents. b. the provisions of any Laws or 2. No provision of any such standard, Regulations applicable to the performance specification, manual or code, or any instruction of the Work(unless such an interpretation of of a Supplier shall be effective to change the the provisions of the Contract Documents duties or responsibilities of OWNER, would result in violation of such Law or CONTRACTOR, or ENGINEER, or any of their Regulation) subcontractors, consultants, agents, or employ- ees from those set forth in the Contract 3.04 Amending and Supplementing Contract Documents, nor shall any such provision or Documents instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's A. The Contract Documents may be amended to Consultants, agents, or employees any duty or provide for additions, deletions, and revisions in the authority to supervise or direct the performance Work or to modify the terms and conditions thereof in of the Work or any duty or authority to one or more of the following ways: (i) a Written undertake responsibility inconsistent with the Amendment; (ii) a Change Order; or (iii) a Work provisions of the Contract Documents. Change Directive. 3.03 Reporting and Resolving Discrepancies B The requirements of the Contract Documents may be supplemented, and minor variations and A. Reporting Discrepancies deviations in the Work may be authorized, by one or more of the following ways. (i) a Field Order; (ii) 1. If, during the performance of the ENGINEER's approval of a Shop Drawing or Sample; Work, CONTRACTOR discovers any conflict, or (iii) ENGINEER's written interpretation or clarifi- error, ambiguity, or discrepancy within the Con- cation. tract Documents or between the Contract Documents and any provision of any Law or 3.05 Reuse of Documents Regulation applicable to the performance of the Work or of any standard, specification, manual A. CONTRACTOR and any Subcontractor or or code, or of any instruction of any Supplier, Supplier or other individual or entity performing or 00700-General Conditions REV 510.13 00700-10 F 1Public Works\ENGINEERING DMSION PROJECTS\1425 S County Park-General Use FieldlAdmin\bid documentsWaster Contract Documents\00700-General Conditions REV 510- 13.doc furnishing any of the Work under a direct or indirect A. Reports and Drawings: The Supplementary contract with OWNER: (i) shall not have or acquire Conditions identify: any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any 1. those reports of explorations and thereof) prepared by or bearing the seal of tests of subsurface conditions at or contiguous ENGINEER or ENGINEER's Consultant, including to the Site that ENGINEER has used in electronic media editions; and (ii) shall not reuse any preparing the Contract Documents; and of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any 2. those drawings of physical other project without written consent of OWNER and conditions in or relating to existing surface or ENGINEER and specific written verification or subsurface structures at or contiguous to the adaption by ENGINEER. This prohibition will survive Site (except Underground Facilities) that ENGI- final payment, completion, and acceptance of the NEER has used in preparing the Contract Work, or termination or completion of the Contract. Documents. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record B. Limited Reliance by CONTRACTOR on purposes. Technical Data Authorized. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such ARTICLE 4 -AVAILABILITY OF LANDS; reports and drawings are not Contract Documents. SUBSURFACE AND PHYSICAL CONDITIONS, Such "technical data" is identified in the Supplementa- REFERENCE POINTS ry Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any 4.01 Availability of Lands of ENGINEER's Consultants with respect to A. OWNER shall furnish the Site. OWNER shall 1. the completeness of such reports notify CONTRACTOR of any encumbrances or and drawings for CONTRACTOR's purposes, restrictions not of general application but specifically including, but not limited to, any aspects of the related to use of the Site with which CONTRACTOR means, methods, techniques, sequences, and must comply in performing the Work. OWNER will procedures of construction to be employed by obtain in a timely manner and pay for easements for CONTRACTOR, and safety precautions and permanent structures or permanent changes in programs incident thereto, or existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or 2. other data, interpretations, opinions, extent, if any, of any adjustment in the Contract Price and information contained in such reports or or Contract Times, or both, as a result of any delay in shown or indicated in such drawings, or OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 3 any CONTRACTOR interpretation of 1005. or conclusion drawn from any "technical data" or any such other data, interpretations, B Upon reasonable written request, OWNER opinions, or information. shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands 403 Differing Subsurface or Physical Conditions upon which the Work is to be performed and OWNER's interest therein as necessary for giving A. Notice: If CONTRACTOR believes that any notice of or filing a mechanic's or construction lien subsurface or physical condition at or contiguous to against such lands in accordance with applicable the Site that is uncovered or revealed either: Laws and Regulations. 1. is of such a nature as to establish C CONTRACTOR shall provide for all additional that any "technical data" on which CONTRAC- lands and access thereto that may be required for TOR is entitled to rely as provided in paragraph temporary construction facilities or storage of 4.02 is materially inaccurate; or materials and equipment. 2. is of such a nature as to require a 4 02 Subsurface and Physical Conditions change in the Contract Documents; or 00700-General Conditions REV 5-10-13 00700-11 F Tublic WorksIENGINEERING DMSION PROJECTS\1425-S County Park-General Use FieldVWmintbid documentsXMaster Contract Documents100700-General Conditions REV 5-10- 13.doc 3. differs materially from that shown or or becoming bound under a negotiated indicated in the Contract Documents; or contract; or 4. is of an unusual nature, and differs b. the existence of such condition could materially from conditions ordinarily reasonably have been discovered or encountered and generally recognized as inher- revealed as a result of any examination, ent in work of the character provided for in the investigation, exploration, test, or study of Contract Documents; the Site and contiguous areas required by the Bidding Requirements or Contract then CONTRACTOR shall, promptly after becoming Documents to be conducted by or for CON- aware thereof and before further disturbing the TRACTOR prior to CONTRACTOR's subsurface or physical conditions or performing any making such final commitment; or Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and c. CONTRACTOR failed to give the ENGINEER in writing about such condition. written notice within the time and as re- CONTRACTOR shall not further disturb such quired by paragraph 4.03.A. condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do 3. If OWNER and CONTRACTOR are so. unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in B. ENGINEER's Review. After receipt of written the Contract Price or Contract Times, or both, a notice as required by paragraph 4 03.A, ENGINEER Claim may be made therefor as provided in will promptly review the pertinent condition, determine paragraph 10.05. However, OWNER, the necessity of OWNER's obtaining additional ENGINEER, and ENGINEER's Consultants exploration or tests with respect thereto, and advise shall not be liable to CONTRACTOR for any OWNER in writing (with a copy to CONTRACTOR) of claims, costs, losses, or damages (including ENGINEER's findings and conclusions. but not limited to all fees and charges of engineers, architects, attorneys, and other C. Possible Price and Times Adjustments professionals and all court or arbitration or other dispute resolution costs) sustained by 1. The Contract Price or the Contract CONTRACTOR on or in connection with any Times, or both, will be equitably adjusted to the other project or anticipated project. extent that the existence of such differing subsurface or physical condition causes an in- 404 Underground Facilities crease or decrease in CONTRACTOR's cost of, or time required for, performance of the A. Shown or Indicated.The information and data Work; subject, however, to the following: shown or indicated in the Contract Documents with respect to existing Underground Facilities at or a. such condition must meet any one or contiguous to the Site is based on information and more of the categories described in para- data furnished to OWNER or ENGINEER by the graph 4.03.A, and owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise b. with respect to Work that is paid for expressly provided in the Supplementary Conditions: on a Unit Price Basis, any adjustment in Contract Price will be subject to the 1. OWNER and ENGINEER shall not provisions of paragraphs 9.08 and 1103. be responsible for the accuracy or com- pleteness of any such information or data, and 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or 2. the cost of all of the following will be Contract Times if: included in the Contract Price, and CONTRAC- TOR shall have full responsibility for. a. CONTRACTOR knew of the existence of such conditions at the time a. reviewing and checking all such CONTRACTOR made a final commitment information and data, to OWNER in respect of Contract Price and Contract Times by the submission of a Bid 00700-General Conditions REV 510-13 00700-12 FAPublic WorksIENGINEERING DMSION PROJECTS\1425 S County Park-General Use FieldWdminlbid documentsUNaster Contract Documentst00700-General Conditions REV 510- 13.doc b. locating all Underground Facilities 405 Reference Points shown or indicated in the Contract Documents, A. OWNER shall provide engineering surveys to establish reference points for construction which in c. coordination of the Work with the ENGINEER's judgment are necessary to enable owners of such Underground Facilities, CONTRACTOR to proceed with the Work. CON- including OWNER, during construction, and TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established d. the safety and protection of all such reference points and property monuments, and shall Underground Facilities and repairing any make no changes or relocations without the prior damage thereto resulting from the Work. written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or B. Not Shown or Indicated property monument is lost or destroyed or requires relocation because of necessary changes in grades or 1. If an Underground Facility is locations, and shall be responsible for the accurate uncovered or revealed at or contiguous to the replacement or relocation of such reference points or Site which was not shown or indicated, or not property monuments by professionally qualified shown or indicated with reasonable accuracy in personnel. the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and 406 Hazardous Environmental Condition at Site before further disturbing conditions affected thereby or performing any Work in connection A. Reports and Drawings: Reference is made to therewith (except in an emergency as required the Supplementary Conditions for the identification of by paragraph 6.16.A), identify the owner of those reports and drawings relating to a Hazardous such Underground Facility and give written Environmental Condition identified at the Site, if any, notice to that owner and to OWNER and ENGI- that have been utilized by the ENGINEER in the NEER. ENGINEER will promptly review the preparation of the Contract Documents. Underground Facility and determine the extent, if any, to which a change is required in the B. Limited Reliance by CONTRACTOR on Contract Documents to reflect and document Technical Data Authorized: CONTRACTOR may rely the consequences of the existence or location upon the general accuracy of the "technical data" of the Underground Facility. During such time, contained in such reports and drawings, but such CONTRACTOR shall be responsible for the reports and drawings are not Contract Documents. safety and protection of such Underground Such "technical data" is identified in the Facility. Supplementary Conditions. Except for such reliance on such "technical data,"CONTRACTOR may not rely 2. If ENGINEER concludes that a upon or make any Claim against OWNER, change in the Contract Documents is required, ENGINEER or any of ENGINEER's Consultants with a Work Change Directive or a Change Order respect to* will be issued to reflect and document such consequences. An equitable adjustment shall 1 the completeness of such reports be made in the Contract Price or Contract and drawings for CONTRACTOR's purposes, Times, or both, to the extent that they are including, but not limited to, any aspects of the attributable to the existence or location of any means, methods, techniques, sequences and Underground Facility that was not shown or procedures of construction to be employed by indicated or not shown or indicated with CONTRACTOR and safety precautions and reasonable accuracy in the Contract programs incident thereto; or Documents and that CONTRACTOR did not know of and could not reasonably have been 2. other data, interpretations, opinions expected to be aware of or to have anticipated. and information contained in such reports or If OWNER and CONTRACTOR are unable to shown or indicated in such drawings; or agree on entitlement to or on the amount or extent, if any, of any such adjustment in 3. any CONTRACTOR interpretation of Contract Price or Contract Times, OWNER or or conclusion drawn from any "technical data" CONTRACTOR may make a Claim therefor as or any such other data, interpretations, opinions provided in paragraph 10.05 or information. 00700-General Conditions REV 5-10-13 00700-13 FAPublic WorksXENGINEERING DNISION PROJECTS11425-S County Park-General Use FieldWdminlbid documentsWlaster Contract Documents\00700-General Conditions REV 5-10- 13.doc C. CONTRACTOR shall not be responsible for performed by OWNER's own forces or others in any Hazardous Environmental Condition uncovered or accordance with Article 7. revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the G. To the fullest extent permitted by Laws and Contract Documents to be within the scope of the Regulations, OWNER shall indemnify and hold Work. CONTRACTOR shall be responsible for a harmless CONTRACTOR, Subcontractors, ENGI- Hazardous Environmental Condition created with any NEER, ENGINEER's Consultants and the officers, materials brought to the Site by CONTRACTOR, directors, partners, employees, agents, other Subcontractors, Suppliers, or anyone else for whom consultants, and subcontractors of each and any of CONTRACTOR is responsible. them from and against all claims, costs, losses, and damages (including but not limited to all fees and D. If CONTRACTOR encounters a Hazardous charges of engineers, architects, attorneys, and other Environmental Condition or if CONTRACTOR or professionals and all court or arbitration or other anyone for whom CONTRACTOR is responsible dispute resolution costs) arising out of or relating to a creates a Hazardous Environmental Condition, Hazardous Environmental Condition, provided that CONTRACTOR shall immediately: (i) secure or such Hazardous Environmental Condition (i)was not otherwise isolate such condition, (ii) stop all Work in shown or indicated in the Drawings or Specifications connection with such condition and in any area or identified in the Contract Documents to be included affected thereby (except in an emergency as required within the scope of the Work, and (ii) was not created by paragraph 6.16), and (iii) notify OWNER and ENGI- by CONTRACTOR or by anyone for whom NEER (and promptly thereafter confirm such notice in CONTRACTOR is responsible. Nothing in this para- writing) OWNER shall promptly consult with graph 4 06.E shall obligate OWNER to indemnify any ENGINEER concerning the necessity for OWNER to individual or entity from and against the consequences retain a qualified expert to evaluate such condition or of that individual's or entity's own negligence. take corrective action, if any. H. To the fullest extent permitted by Laws and E. CONTRACTOR shall not be required to Regulations, CONTRACTOR shall indemnify and hold resume Work in connection with such condition or in harmless OWNER, ENGINEER, ENGINEER's any affected area until after OWNER has obtained any Consultants, and the officers, directors, partners, required permits related thereto and delivered to employees, agents, other consultants, and CONTRACTOR written notice: (i) specifying that such subcontractors of each and any of them from and condition and any affected area is or has been against all claims, costs, losses, and damages rendered safe for the resumption of Work; or (ii) (including but not limited to all fees and charges of specifying any special conditions under which such engineers, architects, attorneys, and other Work may be resumed safely If OWNER and professionals and all court or arbitration or other CONTRACTOR cannot agree as to entitlement to or dispute resolution costs) arising out of or relating to a on the amount or extent, if any, of any adjustment in Hazardous Environmental Condition created by Contract Price or Contract Times, or both, as a result CONTRACTOR or by anyone for whom of such Work stoppage or such special conditions CONTRACTOR is responsible Nothing in this under which Work is agreed to be resumed by paragraph 406.17 shall obligate CONTRACTOR to CONTRACTOR, either party may make a Claim indemnify any individual or entity from and against the therefor as provided in paragraph 10.05. consequences of that individual's or entity's own negli- gence. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work I. The provisions of paragraphs 4 02, 4 03, and based on a reasonable belief it is unsafe, or does not 4.04 are not intended to apply to a Hazardous agree to resume such Work under such special condi- Environmental Condition uncovered or revealed at the tions, then OWNER may order the portion of the Work Site. that is in the area affected by such condition to be deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the ARTICLE 5 - BONDS AND INSURANCE amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a 5.01 Performance, Payment, and Other Bonds Claim therefor as provided in paragraph 10.05 OWNER may have such deleted portion of the Work A. CONTRACTOR shall fumish peFfQFrnaRGe and payment Bands earh i an aMO int at least equal 00700-General Conditions REV 510-13 00700-14 F 1Public WorksIENGINEERING DIVISION PROJECTS%1425 S County Park-General Use FieldWrnintbid documentsWaster Contract Documents100700-General Conditions REV 510- 13.doc manGe and payment of all GONTRAG-TOR's TOR or any etheF additional insured) whiGh OWNER Bonds shall femain in effen+ at least til after the date when final—payment—DeGG~esdue; 504 CONTRACTOR's Liability Insurance eXGept as pFevided etheFwise by Laws GF Regulations GF by the GGRtFarst DOGUments. CONTRACTOR shall A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise B. All Bonds shall be in the form prescribed by out of or result from CONTRACTOR's performance of the Contract Documents except as provided otherwise the Work and CONTRACTOR's other obligations by Laws or Regulations, and shall be executed by under the Contract Documents, whether it is to be per- such sureties as are named in the current list of"Com- formed by CONTRACTOR, any Subcontractor or panies Holding Certificates of Authority as Acceptable Supplier, or by anyone directly or indirectly employed Sureties on Federal Bonds and as Acceptable by any of them to perform any of the Work, or by Reinsuring Companies" as published in Circular 570 anyone for whose acts any of them may be liable: (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the 1. claims under workers' compensation, Treasury. All Bonds signed by an agent must be disability benefits, and other similar employee accompanied by a certified copy of such agent's benefit acts; authority to act. 2. claims for damages because of C If the surety on any Bond furnished by CON- bodily injury, occupational sickness or disease, TRACTOR is declared bankrupt or becomes insolvent or death of CONTRACTOR's employees; or its right to do business is terminated in any state where any part of the Project is located or it ceases to 3. claims for damages because of meet the requirements of paragraph 5 01 B, bodily injury, sickness or disease, or death of CONTRACTOR shall within 20 days thereafter any person other than CONTRACTOR's substitute another Bond and surety, both of which employees; shall comply with the requirements of paragraphs 5 01 B and 5.02. 4. claims for damages insured by reasonably available personal injury liability 5.02 Licensed Sureties and Insurers coverage which are sustained: (i) by any person as a result of an offense directly or indirectly A. All Bonds and insurance required by the related to the employment of such person by Contract Documents to be purchased and maintained CONTRACTOR, or (ii) by any other person for by OWNER or CONTRACTOR shall be obtained from any other reason, surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is 5. claims for damages, other than to the located to issue Bonds or insurance policies for the Work itself, because of injury to or destruction limits and coverages so required. Such surety and of tangible property wherever located, including insurance companies shall also meet such additional loss of use resulting therefrom; and requirements and qualifications as may be provided in the Supplementary Conditions. 6 claims for damages because of bodily injury or death of any person or property 5.03 Certificates of Insurance damage arising out of the ownership, mainte- nance or use of any motor vehicle. A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the B The policies of insurance so required by this Supplementary Conditions, certificates of insurance paragraph 5 04 to be purchased and maintained shall: (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- 1 with respect to insurance required by TRACTOR is required to purchase and maintain. paragraphs 5.04.A.3 through 5.04.A.6 inclusive, OWNER shall deloveF te CONTRACTOR, with Gopies- include as additional insureds (subject to any t° each add tional insdred identified in the Supple customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's 00700-General Conditions REV 5-10-13 00700-15 FtPublic WorksIENGINEERING DIVISION PROJECTS11425-S County Park-General Use FieldWdminWd documentsWlaster Contract Documents100700-General Conditions REV 5-10- 13.doc Consultants, and any other individuals or 5.05 OWNER's Liability Insurance entities identified in the Supplementary Condi- tions, all of whom shall be listed as additional A. In addition to the inS,irann e d to be insureds, and include coverage for the respecpFevided by CONTRACTOR under paFagFaph 5.04, - tive officers, directors, partners, employees, OWNER, at OWN€FA's OptiGR, Fnay PUFGhase -� agents, and other consultants and maintain at OWNER's expense OWNER's GWR liability subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide DOGUments. primary coverage for all claims covered thereby; 5.06 Property Insurance 2. include at least the specific A. Unless otherwise pFevided in the Supple- coverages and be written for not less than the limits of liability provided in the Supplementary maintain pmpeFty insuraRGe upon the WeFk at the Site Conditions or required by Laws or Regulations, whichever is greater; 3 include completed operations by Laws and Regulations). This insur�se insurance; 1. insldde the—interests ofOtey 4 include contractual liability insurance CONTRACTOR, SubGGRtfaGtGFS, ENGINEER, covering CONTRACTOR's indemnity €NGIN€€R's Consultants, T andd—anot#er obligations under paragraphs 6.07, 611, and individuals er era+,ties identified in the 6.20; direeter5,paFtners, employees, agents, and 5 contain a provision or endorsement that the coverage afforded will not be canceled, andaRY of them, eanh of whem as deemed to materially changed or renewal refused until at have rn-r'm^GvFabic-iinterest and shall be lusted as least thirty days prior written notice has been an addatmeRal given to OWNER and CONTRACTOR and to each other additional insured identified in the 2. be written on a gu*lde�s Risk"all rick" Supplementary Conditions to whom a certificate of insurance has been issued (and the form that shall at least *nGludeiasur,a„Ge fo; certificates of insurance furnished by the CONphySiGal less eF damage to the tempo - TRACTOR pursuant to paragraph 5.03 will so raryildi„gs� �lse eFk and ma+eF � ials and provide); equipment in tFansi+ and shall iRSUFe against a+ 6 remain in effect at least until final lightRing; adedGGYerage, theft, vandalism payment and at all times thereafter when CON- and maliGiGUS MiSGhief, eaFthquake, G011apse, TRACTOR may be correcting, removing, or replacing defective Work in accordance with fGFGement of Laws and Regulations, wateF paragraph 13.07; and lass as may be speGifiGa". i 7 with respect to completed operations SupplemeRtary CORditiORS; insurance, and any insurance coverage written on a claims-made basis, remain in effect for at 3. iRGlude—e*penses IRGUFFed the least two years after final payment (and CONTRACTOR shall furnish OWNER and rnnli 1dinn h.,+ Flet rmi+ed +e fees and ^harnes of each other additional insured identified in the ennineer�and arnhi+en+c), Supplementary Conditions, to whom a certificate of insurance has been issued, 4. Geyer mateFials and—equipment evidence satisfactory to OWNER and any such s+ered at the ci+e^r At ane+her Inna+ien that was additional insured of continuation of such insurance at final payment and one year mated in the WGrb provided that ^„nh thereafter) 00700-General Conditions REV 510-13 00700-16 F1Public WorkslENGINEERING DIVISION PROJECTS\1425 S County Park-General Use FieldWdminlbid documentsWaster Contract Documents\00700-General Conditions REV 510- 13.doc ENGINEER7 the Site, OWNER shall ne4y; TOR wheth �;nGe has been 5. allow fGF paFtial utilization of the WeFk b„/lWNEQ• vyvrvr.c,T 5.07 Waiver of Rights insledetestfrga„d 7 be maint-ained in e#est Un}il fiRal n men} is made unless e}hen.rise agreed to an will—pretest OWNER, NTDACTOP WFitiRg by OWNER, CONTRAGTOR, and SubGentraGteFS, ENGINEER, €NG.GINEER's-w„su;- }ants and all _}he, individuals 9r entities deny fwd nthipradditional insured insl Fapoe has been sued �a d }�����_�FeGt morn-vr�oc-,�av-c�ccn�'-$.sv��. or additional If}Skff�dS [vrS� B. p partners, employees,agents,�heF Gensultants B—OWNER shallpuFGhase and Fnaintain SUGn iasuranoe as may be en,tired by the S ipnlemen}an, losses and damages Gaused by the neMs oF Gauses f Gend*tians eF Laws and Regulations whiGh will iRGlude IOSS Govered theFeby. All SUGh P9liGies shall GOntain the—inteFests of OWNER, GONTRACTOR7 PFOVI iGRS t9 the effeGt that in the event of paymeRt Of Subse„traGters, ENGINEER, €NGIN€€R's Gensul any less nr damage the insureFs wall h_ e v F} of the Supplementary deemed to here an ins,� 3ble Conditions, aped shall he -1—le all rights against eaGh ether ahad th-n,eiF respective-GffiGeFs, d+reG}mss,paFtneFs, en lsyee� G. All the Of iRSUFan e /aped the nertiifr e Gh and any of }hem for all losses aped damn ges Gates oF other evidence }he efl mired to be n„r_ Gaused byadsingout of eF res„1}in9 frem any of}ha , 5.06 Will Gent i eF endersernent that the any etheF pmpeFty insuFanGe apPliGable to the WeFk-, GGYeFage afforded will not be GaRGeled or mateFially and, in add.tieR, waive all suGh Fights-asaiRS GhaRged or renewal refused until at least 30 days PFiGF SubGen tFaetGFS, ENGINEER, €NG.GINEER's wFmtten notwGe has been given to OWNER and CON Consultants, and all other individuals 9F entities as i reds o additional insureds (and the office , PFGViSiGRS on aGGGFdaRGe with diresters, partners, employees, agents, and- ntrteF paragFaph 5.07-7 D OWNER shall not be responsible for purchas- Gaused. None of the above waivers shall-eAend-to ing and maintaining any property insurance specified in this paragraph 5 06 to protect the interests of to the-pFOGeeds-cam insuFanGe held by OWNER as CONTRACTOR, Subcontractors, or others in the trustee 9F ethepwise payable under any PGliGY 69 Work to the extent of any deductible amounts that are issued: identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be S. 3WNFER waives aN rights against borne by CONTRACTOR, Subcontractors, or others GONTRAGTOR, Subn�a OFS, €1\Ir IhIIE=€R, suffering any such loss, and if any of them wishes property insurance coverage within the limits of such paFtners, employees, agents, and etheF Gansultants amounts, each may purchase and maintain it at the and subGGRtFaGtGFS of eaGh and aRy of them feF. purchaser's own expense 1. less due to business inteFmptien, lo E. If CONTRACTOR quests iri}inn that of use er other oonsequen}ia) loss evdendinn "Gies provided under paragraph 5.06, ONER's npeFty nr the 1A/orL d by, �W ER s6l, Of pessible, iRGlude ,nh ase whether or not ins,gyred by OWNERand , TOR by appmp�iate Change OFdeF OF WFitten 00700-General Conditions REV 570-13 00700-17 F\Public Works\ENGINEERING DIVISION PROJECTS\142-,S County Park-General Use FieldWdmin\bid documents\Master Contract Documents\00700-General Conditions REV 510- 13.doc 2. less or damage to the vvm 1 } d PF9- A. if eitheF OWNER eF CONTRACTOR has an 14.04, oF afteF final payment pur-suaRt tG Fequested) requiFed by paFagFaph 2.05.G. OWNER less, damage OF GORsequentiall Iess either paFty does RGt PUFGhase or maiRtain all of the referred�e in-paragraph 57.6 shall-seRtaiR insurers will have RG rights of FeseTeFy agaiRs CONTRACTOR, SubGentraGteFs, ENGINEER, eF any Ghange in the required Geverage Withou partners, employees, agents, a„d etneF GGRsultaats 508 Receipt and Application of Insurance and a Change-O der shall be issuedto adjustthe Proceeds A. Arty-iRsured IessURder the-pelisies-of 510 Partial Utilization, Acknowledgment of uiFed by paFagFaph 5.06 will be acljusted Property Insurer with-9WPI€R and made payabletoOWNER as fiddGia^ f9F the-insureds, as theifi„teFests—may A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial mortgage Glause and ef paFagraph 6.08.13. OWNER Completion of all the Work as provided in paragraph 14 05, no such use or occupancy shall commence reGeived and shall distribute it in aGGGFdanGe with SUGh before the insurers providing the property insurance agreement as the parties in inteFest Fray Feash. If Re pursuant to paragraph 5 06 have acknowledged notice ether speeial agreement isFeaGhed, the darnaged thereof and in writing effected any changes in cover- age necessitated thereby The insurers providing the FeGeived applied en aGGGURt thereof, and the WeFk property insurance shall consent by endorsement on and the GGSt thereof Goyered by an nrie+e the policy or policies, but the property insurance shall Change Order or WFitteR Amendment. not be canceled or permitted to lapse on account of any such partial use or occupancy. 13. OWNER as fidlUdaFy shall have power te adjust and settle e v Inc with the iRSUFeFs ole c one of the parties in interest shall nhien}in •ri+inn within 15 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES days after the GGGUFFenGe-of-less to GANI;T€R's exerGise of this power. If SUGh ebjeGtion be made, QWN€R as fidaGiaFY 6hal,IFnake semleme„t ..r..itl e 601 Supervision and Superintendence incl imrs •];GGFd RGe with such n+ as the parties in interest rriay-reach. if RG suGh agFeemeRt A. CONTRACTOR shall supervise, inspect, and nnn the paFtiec i in+e res+ is reaGherl OWNER -, direct the Work competently and efficiently, devoting fiddGiaryshall adjust and settle-tom losswit- h the such attention thereto and applying such skills and .refs and, if required i writing by aRY paFt„ i expertise as may be necessary to perform the Work in RteFest, OWNER as fidUGiary shall give bORd for the accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of 5.09 Acceptance of Bonds and Insurance; Option construction, but CONTRACTOR shall not be to Replace responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific 00700-General Conditions REV 510-13 00700-18 FAPublic Works\ENGINEERING DMSION PROJECTS11425 S County Park-General Use FieldWdmin\bid documentsWlaster Contract Documents\00700-General Conditions REV 510- 13.doc means, method, technique, sequence, or procedure of satisfactory evidence (including reports of required construction which is shown or indicated in and tests) as to the source, kind, and quality of materials expressly required by the Contract Documents. CON- and equipment. All materials and equipment shall be TRACTOR shall be responsible to see that the stored, applied, installed, connected, erected, completed Work complies accurately with the Contract protected, used, cleaned, and conditioned in Documents. accordance with instructions of the applicable Supplier, except as otherwise may be provided in the B At all times during the progress of the Work, Contract Documents. CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced 6.04 Progress Schedule without written notice to OWNER and ENGINEER except under extraordinary circumstances. The A. CONTRACTOR shall adhere to the progress superintendent will be CONTRACTOR's schedule established in accordance with paragraph representative at the Site and shall have authority to 2.07 as it may be adjusted from time to time as act on behalf of CONTRACTOR. All communications provided below. given to or received from the superintendent shall be binding on CONTRACTOR. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- 6.02 Labor, Working Hours cated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in A. CONTRACTOR shall provide competent, changing the Contract Times (or Milestones) suitably qualified personnel to survey, lay out, and Such adjustments will conform generally to the construct the Work as required by the Contract Docu- progress schedule then in effect and additional- ments. CONTRACTOR shall at all times maintain ly will comply with any provisions of the General good discipline and order at the Site. Requirements applicable thereto. B Except as otherwise required for the safety or 2. Proposed adjustments in the protection of persons or the Work or property at the progress schedule that will change the Contract Site or adjacent thereto, and except as otherwise Times (or Milestones) shall be submitted in stated in the Contract Documents, all Work at the Site accordance with the requirements of Article 12. shall be performed during regular working hours, and Such adjustments may only be made by a CONTRACTOR will not permit overtime work or the Change Order or Written Amendment in accor- performance of Work on Saturday, Sunday, or any dance with Article 12. legal holiday without OWNER's written consent(which will not be unreasonably withheld) given after prior 605 Substitutes and"Or-Equals" written notice to ENGINEER. A. Whenever an item of material or equipment is specified or described in the Contract Documents by 6.03 Services, Materials, and Equipment using the name of a proprietary item or the name of a particular Supplier, the specification or description is A. Unless otherwise specified in the General Re- intended to establish the type, function, appearance, quirements, CONTRACTOR shall provide and and quality required. Unless the specification or assume full responsibility for all services, materials, description contains or is followed by words reading equipment, labor, transportation, construction that no like, equivalent, or "or-equal" item or no equipment and machinery, tools, appliances, fuel, substitution is permitted, other items of material or power, light, heat, telephone, water, sanitary facilities, equipment or material or equipment of other Suppliers temporary facilities, and all other facilities and may be submitted to ENGINEER for review under the incidentals necessary for the performance, testing, circumstances described below start-up, and completion of the Work. 1. "Or-Equal" Items: If in ENGINEER's B. All materials and equipment incorporated into sole discretion an item of material or equipment the Work shall be as specified or, if not specified, shall proposed by CONTRACTOR is functionally be of good quality and new, except as otherwise equal to that named and sufficiently similar so provided in the Contract Documents. All warranties that no change in related Work will be required, and guarantees specifically called for by the Specifica- it may be considered by ENGINEER as an tions shall expressly run to the benefit of OWNER. If .or-equal" item, in which case review and required by ENGINEER, CONTRACTOR shall furnish approval of the proposed item may, in 00700-General Conditions REV 5-10-13 00700-19 F1Public WorkslENGINEERING DIVISION PROJECTS11425 S County Park-General Use Field%Admintbid documents\Master Contract Documentst00700-General Conditions REV 510- 13.doc ENGINEER's sole discretion, be accomplished perform adequately the functions and without compliance with some or all of the achieve the results called for by the general requirements for approval of proposed substi- design, be similar in substance to that tute items. For the purposes of this paragraph specified, and be suited to the same use as 6.05.A.1, a proposed item of material or that specified. The application will state the equipment will be considered functionally equal extent, if any, to which the use of the pro- to an item so named if* posed substitute item will prejudice CONTRACTOR's achievement of Substan- a. in the exercise of reasonable tial Completion on time, whether or not use judgment ENGINEER determines that: (i) it of the proposed substitute item in the Work is at least equal in quality, durability, will require a change in any of the Contract appearance, strength, and design Documents(or in the provisions of any other characteristics; (ii) it will reliably perform at direct contract with OWNER for work on the least equally well the function imposed by Project) to adapt the design to the proposed the design concept of the completed Project substitute item and whether or not as a functioning whole, and; incorporation or use of the proposed substi- tute item in connection with the Work is sub- b. CONTRACTOR certifies that: (i) ject to payment of any license fee or royalty there is no increase in cost to the OWNER; All variations of the proposed substitute and (ii) it will conform substantially, even item from that specified will be identified in with deviations, to the detailed requirements the application, and available engineering, of the item named in the Contract sales, maintenance, repair, and Documents. replacement services will be indicated. The application will also contain an itemized esti- 2. Substitute Items mate of all costs or credits that will result directly or indirectly from use of such a. If in ENGINEER's sole discretion an substitute item, including costs of redesign item of material or equipment proposed by and claims of other contractors affected by CONTRACTOR does not qualify as an any resulting change, all of which will be "or-equal" item under paragraph 6.05.A.1, it considered by ENGINEER in evaluating the will be considered a proposed substitute proposed substitute item. ENGINEER may item. require CONTRACTOR to furnish additional data about the proposed substitute item. b. CONTRACTOR shall submit suffi- cient information as provided below to allow B Substitute Construction Methods or Proce- ENGINEER to determine that the item of dures: If a specific means, method, technique, se- material or equipment proposed is quence, or procedure of construction is shown or essentially equivalent to that named and an indicated in and expressly required by the Contract acceptable substitute therefor. Requests for Documents, CONTRACTOR may furnish or utilize a review of proposed- substitute items of substitute means, method, technique, sequence, or material or equipment will not be accepted procedure of construction approved by ENGINEER. by ENGINEER from anyone other than CONTRACTOR shall submit sufficient information to CONTRACTOR. allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to c. The procedure for review by ENGI- that expressly called for by the Contract Documents. NEER will be as set forth in paragraph The procedure for review by ENGINEER will be similar 6 05.A.2.d, as supplemented in the General to that provided in subparagraph 6 05.A.2. Requirements and as ENGINEER may decide is appropriate under the C Engineers Evaluation: ENGINEER will be circumstances. allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- d. CONTRACTOR shall first make graphs 6 05.A and 6 05.13. ENGINEER will be the written application to ENGINEER for review sole judge of acceptability. No"or-equal" or substitute of a.proposed substitute item of material or will be ordered, installed or utilized until ENGINEER's equipment that CONTRACTOR seeks to review is complete, which will be evidenced by either a furnish or use. The application shall certify Change Order for a substitute or an approved Shop that the proposed substitute item will Drawing for an "or equal." ENGINEER will advise 00700-General Conditions REV 5-10-13 00700-20 F\Public WorksIENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldlAdmin\bid documents\Master Contract Documents\00700-General Conditions REV 5-10- 13.doc CONTRACTOR in writing of any negative difference in the cost occasioned by such determination. replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance D. Special Guarantee: OWNER may require by OWNER of any such Subcontractor, Supplier, or CONTRACTOR to furnish at CONTRACTOR's ex- other individual or entity, whether initially or as a pense a special performance guarantee or other replacement, shall constitute a waiver of any right of surety with respect to any substitute. OWNER or ENGINEER to reject defective Work. E. ENGINEER's Cost Reimbursement., C. CONTRACTOR shall be fully responsible to ENGINEER will record time required by ENGINEER OWNER and ENGINEER for all acts and omissions of and ENGINEER's Consultants in evaluating substitute the Subcontractors, Suppliers, and other individuals or proposed or submitted by CONTRACTOR pursuant to entities performing or furnishing any of the Work just paragraphs 6.05.A.2 and 6.05.13 and in making as CONTRACTOR is responsible for changes in the Contract Documents (or in the CONTRACTOR's own acts and omissions. Nothing in provisions of any other direct contract with OWNER the Contract Documents shall create for the benefit of for work on the Project) occasioned thereby Whether any such Subcontractor, Supplier, or other individual or not ENGINEER approves a substitute item so pro- or entity any contractual relationship between OWNER posed or submitted by CONTRACTOR, CON- or ENGINEER and any such Subcontractor, Supplier TRACTOR shall reimburse OWNER for the charges or other individual or entity, nor shall it create any of ENGINEER and ENGINEER's Consultants for obligation on the part of OWNER or ENGINEER to evaluating each such proposed substitute. pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or F. CONTRACTOR's Expense: CONTRACTOR entity except as may otherwise be required by Laws shall provide all data in support of any proposed and Regulations. substitute or"or-equal"at CONTRACTOR's expense. D. CONTRACTOR shall be solely responsible 6.06 Concerning Subcontractors, Suppliers, for scheduling and coordinating the Work of Subcon- and Others tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a A. CONTRACTOR shall not employ any direct or indirect contract with CONTRACTOR. Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in E. CONTRACTOR shall require all Subcontrac- paragraph 6.06.13), whether initially or as a tors, Suppliers, and such other individuals or entities replacement, against whom OWNER may have performing or furnishing any of the Work to commu- reasonable objection. CONTRACTOR shall not be nicate with ENGINEER through CONTRACTOR. required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of F. The divisions and sections of the Specifica- the Work against whom CONTRACTOR has reason- tions and the identifications of any Drawings shall not able objection. control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to B If the Supplementary Conditions require the be performed by any specific trade. identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in G All Work performed for CONTRACTOR by a advance for acceptance by OWNER by a specified Subcontractor or Supplier will be pursuant to an date prior to the Effective Date of the Agreement, and appropriate agreement between CONTRACTOR and if CONTRACTOR has submitted a list thereof-in the Subcontractor or Supplier which specifically binds accordance with the Supplementary Conditions, the Subcontractor or Supplier to the applicable terms OWNER's acceptance (either in writing or by failing to and conditions of the Contract Documents for the make written objection thereto by the date indicated benefit of OWNER and ENGINEER. Whenever any for acceptance or objection in the Bidding Documents such agreement is with a Subcontractor or Supplier or the Contract Documents) of any such Subcon- who is listed as an additional insured on the property tractor, Supplier, or other individual or entity so insurance provided in paragraph 5 06, the agreement identified may-be revoked on the basis of reasonable between the CONTRACTOR and the Subcontractor objection after due investigation. CONTRACTOR or Supplier will contain provisions whereby the shall submit an acceptable replacement for the Subcontractor or Supplier waives all rights against rejected Subcontractor, Supplier, or other individual or OWNER, CONTRACTOR, ENGINEER, ENGINEER's entity, and the Contract Price will be adjusted by the Consultants, and all other individuals or entities 00700-General Conditions REV 5-10-13 00700-21 F1Public WorksIENGINEERING DrVISION PROJECTS\1425-S County Park-General Use Field\Ndmin\bid documentsWlaster Contract Documents\00700-General Conditions REV 5-10- 13.doc identified in the Supplementary Conditions to be listed for capital costs related thereto, such as plant as insureds or additional insureds (and the officers, investment fees. directors, partners, employees, agents, and other consultants and subcontractors of each and any of 6.09 Laws and Regulations them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or A. CONTRACTOR shall give all notices and causes of loss covered by such policies and any other comply with all Laws and Regulations applicable to the property insurance applicable to the Work. If the performance of the Work. Except where otherwise insurers on any such policies require separate waiver expressly required by applicable Laws and forms to be signed by any Subcontractor or Supplier, Regulations, neither OWNER nor ENGINEER shall be CONTRACTOR will obtain the same. responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations. 607 Patent Fees and Royalties B. If CONTRACTOR performs any Work know- A. CONTRACTOR shall pay all license fees and ing or having reason to know that it is contrary to Laws royalties and assume all costs incident to the use in or Regulations, CONTRACTOR shall bear all claims, the performance of the Work or the incorporation in costs, losses, and damages (including but not limited the Work of any invention, design, process, product, to all fees and charges of engineers, architects, or device which is the subject of patent rights or attorneys, and other professionals and all court or copyrights held by others. If a particular invention, arbitration or other dispute resolution costs)arising out design, process, product, or device is specified in the of or relating to such Work; however, it shall not be Contract Documents for use in the performance of the CONTRACTOR's primary responsibility to make Work and if to the actual knowledge of OWNER or certain that the Specifications and Drawings are in ENGINEER its use is subject to patent rights or accordance with Laws and Regulations, but this shall copyrights calling for the payment of any license fee or not relieve CONTRACTOR of CONTRACTOR's royalty to others, the existence of such rights shall be obligations under paragraph 3 03 disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, C. Changes in Laws or Regulations not known at CONTRACTOR shall indemnify and hold harmless the time of opening of Bids (or, on the Effective Date OWNER, ENGINEER, ENGINEER's Consultants, and of the Agreement if there were no Bids) having an the officers, directors, partners, employees or agents, effect on the cost or time of performance of the Work and other consultants of each and any of them from may be the subject of an adjustment in Contract Price and against all claims, costs, losses, and damages or Contract Times. If OWNER and CONTRACTOR (including but not limited to all fees and charges of are unable to agree on entitlement to or on the engineers, architects, attorneys, and other amount or extent, if any, of any such adjustment, a professionals and all court or arbitration or other Claim may be made therefor as provided in paragraph dispute resolution costs) arising out of or relating to 10.05 any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting 610 Taxes from the incorporation in the Work of any invention, design, process, product, or device not specified in the A. CONTRACTOR shall pay all sales, consum- Contract Documents. er, use, and other similar taxes required to be paid by CONTRACTOR in accordance with 6.08 Permits the Laws and Regulations of the place of the Project which are applicable during the A. Unless otherwise provided in the Supple- performance of the Work. mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER B. OWNER qualifies for state and local sales tax shall assist CONTRACTOR, when necessary, in exemption in the purchase of all material and obtaining such permits and licenses. CONTRACTOR equipment. shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which 6.11 Use of Site and Other Areas are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the A. Limitation on Use of Site and Other Areas Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and 1. CONTRACTOR shall confine OWNER shall pay all charges of such utility owners construction equipment, the storage of 00700-General Conditions REV 510-13 00700-22 F 1Public WorksXENGINEERING DIVISION PROJECTS11425 S County Park-General Use Field\Adminlbid documentsXMaster Contract Documents\00700-General Conditions REV 510- 13.doc materials and equipment, and the operations of in any manner that will endanger the structure, nor workers to the Site and other areas permitted shall CONTRACTOR subject any part of the Work or by Laws and Regulations, and shall not adjacent property to stresses or pressures that will unreasonably encumber the Site and other endanger it. areas with construction equipment or other materials or equipment. CONTRACTOR shall 612 Record Documents assume full responsibility for any damage to any such land or area, or to the owner or A. CONTRACTOR shall maintain in a safe place occupant thereof, or of any adjacent land or at the Site one record copy of all Drawings, Specifica- areas resulting from the performance of the tions, Addenda, Written Amendments, Change Work. Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order 2. Should any claim be made by any and annotated to show changes made during such owner or occupant because of the construction. These record documents together with performance of the Work, CONTRACTOR shall all approved Samples and a counterpart of all promptly settle with such other party by approved Shop Drawings will be available to ENGI- negotiation or otherwise resolve the claim by NEER for reference. Upon completion of the Work, arbitration or other dispute resolution these record documents, Samples, and Shop proceeding or at law Drawings will be delivered to ENGINEER for OWNER. 3. To the fullest extent permitted by 6.13 Safety and Protection Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, A. CONTRACTOR shall be solely responsible ENGINEER, ENGINEER's Consultant, and the for initiating, maintaining and supervising all safety officers, directors, partners, employees, agents, precautions and programs in connection with the and other consultants of each and any of them Work. CONTRACTOR shall take all necessary from and against all claims, costs, losses, and precautions for the safety of, and shall provide the damages (including but not limited to all fees necessary protection to prevent damage, injury or loss and charges of engineers, architects, attorneys, to and other professionals and all court or arbitration or other dispute resolution costs) 1. all persons on the Site or who may arising out of or relating to any claim or action, be affected by the Work; legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or 2. all the Work and materials and equip- any other party indemnified hereunder to the ment to be incorporated therein, whether in extent caused by or based upon storage on or off the Site; and CONTRACTOR's performance of the Work. 3 other property at the Site or adjacent B. Removal of Debris During Performance of the thereto, including trees, shrubs, lawns, walks, Work. During the progress of the Work CONTRAC- pavements, roadways, structures, utilities, and TOR shall keep the Site and other areas free from Underground Facilities not designated for accumulations of waste materials, rubbish, and other removal, relocation, or replacement in the debris. Removal and disposal of such waste materi- course of construction als, rubbish, and other debris shall conform to applica- ble Laws and Regulations. B CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of C. Cleaning: Prior to Substantial Completion of persons or property, or to the protection of persons or the Work CONTRACTOR shall clean the Site and property from damage, injury, or loss; and shall erect make it ready for utilization by OWNER. At the com- and maintain all necessary safeguards for such safety pletion of the Work CONTRACTOR shall remove from and protection. CONTRACTOR shall notify owners of the Site all tools, appliances, construction equipment adjacent property and of Underground Facilities and and machinery, and surplus materials and shall other utility owners when prosecution of the Work may - restore to original condition all property not designated affect them, and shall cooperate with them in the for alteration by the Contract Documents. protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any D. Loading Structures: CONTRACTOR shall not property referred to in paragraph 6 13.A.2 or 6.13.A.3 load nor permit any part of any structure to be loaded caused, directly or indirectly, in whole or in part, by 00700-General Conditions REV 510.13 00700-23 F-\Public Works\ENGINEERING DIVISION PROJECTS\1425 S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\00700-General Conditions REV 510- 13.doc CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed 6.17 Shop Drawings and Samples by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be A. CONTRACTOR shall submit Shop Drawings remedied by CONTRACTOR (except damage or loss to ENGINEER for review and approval in accordance attributable to the fault of Drawings or Specifications with the acceptable schedule of Shop Drawings and or to the acts or omissions of OWNER or ENGINEER Sample submittals. All submittals will be identified as or ENGINEER's Consultant, or anyone employed by ENGINEER may require and in the number of copies any of them, or anyone for whose acts any of them specified in the General Requirements. The data may be liable, and not attributable, directly or shown on the Shop Drawings will be complete with indirectly, in whole or in part, to the fault or negligence respect to quantities, dimensions, specified perfor- of CONTRACTOR or any Subcontractor, Supplier, or mance and design criteria, materials, and similar data other individual or entity directly or indirectly employed to show ENGINEER the services, materials, and by any of them). CONTRACTOR's duties and equipment CONTRACTOR proposes to provide and responsibilities for safety and for protection of the to enable ENGINEER to review the information for the Work shall continue until such time as all the Work is limited purposes required by paragraph 6.17 E. completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with B CONTRACTOR shall also submit Samples to paragraph 14.07.13 that the Work is acceptable ENGINEER for review and approval in accordance (except as otherwise expressly provided in connection with the acceptable schedule of Shop Drawings and with Substantial Completion). Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as 6.14 Safety Representative catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- A. CONTRACTOR shall designate a qualified NEER to review the submittal for the limited purposes and experienced safety representative at the Site required by paragraph 6.17 E. The numbers of each whose duties and responsibilities shall be the Sample to be submitted will be as specified in the prevention of accidents and the maintaining and Specifications. supervising of safety precautions and programs. C. Where a Shop Drawing or Sample is required 6.15 Hazard Communication Programs by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- A. CONTRACTOR shall be responsible for NEER as required by paragraph 2.07, any related coordinating any exchange of material safety data Work performed prior to ENGINEER's review and sheets or other hazard communication information approval of the pertinent submittal will be at the sole required to be made available to or exchanged be- expense and responsibility of CONTRACTOR. tween or among employers at the Site in accordance with Laws or Regulations. D. Submittal Procedures 616 Emergencies 1 Before submitting each Shop Drawing or Sample, CONTRACTOR shall have A. In emergencies affecting the safety or protec- determined and verified tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to a. all field measurements, quantities, prevent threatened damage, injury, or loss. dimensions, specified performance criteria, CONTRACTOR shall give ENGINEER prompt written installation requirements, materials, catalog notice if CONTRACTOR believes that any significant numbers, and similar information with changes in the Work or variations from the Contract respect thereto; Documents have been caused thereby or are required as a result thereof If ENGINEER determines that a b. all materials with respect to intended change in the Contract Documents is required be- use, fabrication, shipping, handling, storage, cause of the action taken by CONTRACTOR in assembly, and installation pertaining to the response to such an emergency, a Work Change performance of the Work; Directive or Change Order will be issued. c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety 00700-General Conditions REV 510-13 00700-24 F\Public WorksIENGINEERING DIVISION PROJECTS\1425 S County Park-General Use FieldWdmin\bid documentsWlaster Contract Documents\00700-General Conditions REV 510- 13.doc precautions and programs incident thereto; 3. ENGINEER's review and approval of and Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any d. CONTRACTOR shall also have variation from the requirements of the Contract reviewed and coordinated each Shop Documents unless CONTRACTOR has in Drawing or Sample with other Shop writing called ENGINEER's attention to each Drawings and Samples and with the such variation at the time of each submittal as requirements of the Work and the Contract required by paragraph 6.17.D.3 and ENGI- Documents. NEER has given written approval of each such variation by specific written notation thereof 2. Each submittal shall bear a stamp or incorporated in or accompanying the Shop specific written indication that CONTRACTOR Drawing or Sample approval; nor will any has satisfied CONTRACTOR's obligations approval by ENGINEER relieve CON- under the Contract Documents with respect to TRACTOR from responsibility for complying CONTRACTOR's review and approval of that with the requirements of paragraph 6.17 DA submittal. F Resubmittal Procedures 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific 1. CONTRACTOR shall make correc- written notice of such variations, if any, that the tions required by ENGINEER and shall return Shop Drawing or Sample submitted may have the required number of corrected copies of from the requirements of the Contract Shop Drawings and submit as required new Documents, such notice to be in a written com- Samples for review and approval. CON- munication separate from the submittal; and, in TRACTOR shall direct specific attention in addition, shall cause a specific notation to be writing to revisions other than the corrections made on each Shop Drawing and Sample sub- called for by ENGINEER on previous mitted to ENGINEER for review and approval of submittals. each such variation. 618 Continuing the Work E. ENGINEER's Review A. CONTRACTOR shall carry on the Work and 1. ENGINEER will timely review and adhere to the progress schedule during all disputes or approve Shop Drawings and Samples in disagreements with OWNER. No Work shall be accordance with the schedule of Shop delayed or postponed pending resolution of any Drawings and Sample submittals acceptable to disputes or disagreements, except as permitted by ENGINEER. ENGINEER's review and paragraph 15.04 or as OWNER and CONTRACTOR approval will be only to determine if the items may otherwise agree in writing. covered by the submittals will, after installation or incorporation in the Work, conform to the 6.19 CONTRACTOR's General Warranty and information given in the Contract Documents Guarantee and be compatible with the design concept of the completed Project as a functioning whole as A. CONTRACTOR warrants and guarantees to indicated by the Contract Documents. OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract 2. ENGINEER's review and approval Documents and will not be defective will not extend to means, methods, techniques, CONTRACTOR's warranty and guarantee hereunder sequences, or procedures of construction excludes defects or damage caused by: (except where a particular means, method, technique, sequence, or procedure of con- 1 abuse, modification, or improper struction is specifically and expressly called for maintenance or operation by persons other by the Contract Documents) or to safety than CONTRACTOR, Subcontractors, precautions or programs incident thereto. The Suppliers, or any other individual or entity for review and approval of a separate item as such whom CONTRACTOR is responsible; or will not indicate approval of the assembly in which the item functions. 2. normal wear and tear under normal usage. 00700-General Conditions REV 510-13 00700-25 FAPublic WorksIENGINEERING DIVISION PROJECTS11425 S County Part(-General Use FieldWdminlbid documentsWlaster Contract Documents\00700-General Conditions REV 510- 13.doc B. CONTRACTOR's obligation to perform and 2. is caused in whole or in part by any complete the Work in accordance with the Contract negligent act or omission of CONTRACTOR, Documents shall be absolute. None of the following any Subcontractor, any Supplier, or any will constitute an acceptance of Work that is not in individual or entity directly or indirectly accordance with the Contract Documents or a release employed by any of them to perform any of the of CONTRACTOR's obligation to perform the Work in Work or anyone for whose acts any of them accordance with the Contract Documents: may be liable, regardless of whether or not caused in part by any negligence or omission of 1. observations by ENGINEER; an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- 2. recommendation by ENGINEER or fied party by Laws and Regulations regardless payment by OWNER of any progress or final of the negligence of any such individual or payment; entity 3 the issuance of a certificate of Sub- B. In any and all claims against OWNER or stantial Completion by ENGINEER or any ENGINEER or any of their respective consultants, payment related thereto by OWNER, agents, officers, directors, partners, or employees by any employee (or the survivor or personal 4. use or occupancy of the Work or any representative of such employee) of CONTRACTOR, part thereof by OWNER, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to 5. any acceptance by OWNER or any perform any of the Work, or anyone for whose acts failure to do so; any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited 6 any review and approval of a Shop in any way by any limitation on the amount or type of Drawing or Sample submittal or the issuance of damages, compensation, or benefits payable by or for a notice of acceptability by ENGINEER; CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen- 7 any inspection, test, or approval by sation acts, disability benefit acts, or other employee others, or benefit acts. 8. any correction of defective Work by C. The indemnification obligations of CON- OWNER. TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's 6.20 Indemnification Consultants or to the officers, directors, partners, employees, agents, and other consultants and A. To the fullest extent permitted by Laws and subcontractors of each and any of them arising out of: Regulations, CONTRACTOR shall indemnity and hold harmless OWNER, ENGINEER, ENGINEER's 1. the preparation or approval of, or the Consultants, and the officers, directors, partners, failure to prepare or approve, maps, Drawings, employees, agents, and other consultants and opinions, reports, surveys, Change Orders, subcontractors of each and any of them from and designs, or Specifications; or against all claims, costs, losses, and damages (including but not limited to all fees and charges of 2. giving directions or instructions, or engineers, architects, attorneys, and other failing to give them, if that is the primary cause professionals and all court or arbitration or other of the injury or damage. dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage- ARTICLE 7-OTHER WORK 1 is attributable to bodily injury, sickness, disease, or death, or to injury to or 701 Related Work at Site destruction of tangible property (other than the Work itself), including the loss of use resulting A. OWNER may perform other work related to therefrom; and the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work 00700-General Conditions REV 510-13 00700-26 FAPublic WorksIENGINEERING DNISION PROJECTS11425 S County Park-General Use FieldlAdmiMbid documentsWlaster Contract Documentst00700-General Conditions REV 510- 13.doc performed by utility owners. If such other work is not 7.02 Coordination noted in the Contract Documents, then: A. If OWNER intends to contract with others for 1. written notice thereof will be given to the performance of other work on the Project at the CONTRACTOR prior to starting any such other Site, the following will be set forth in Supplementary work; and Conditions: 2. if OWNER and CONTRACTOR are 1 the individual or entity who will have unable to agree on entitlement to or on the authority and responsibility for coordination of amount or extent, if any, of any adjustment in the activities among the various contractors will the Contract Price or Contract Times that be identified; should be allowed as a result of such other work, a Claim may be made therefor as 2. the specific matters to be covered by provided in paragraph 10.05. such authority and responsibility will be itemized; and B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and 3. the extent of such authority and each utility owner (and OWNER, if OWNER is per- responsibilities will be provided. forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable B Unless otherwise provided in the opportunity for the introduction and storage of Supplementary Conditions, OWNER shall have sole materials and equipment and the execution of such authority and responsibility for such coordination other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, ARTICLE 8 - OWNER'S RESPONSIBILITIES fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such 801 Communications to Contractor other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise A. Except as otherwise provided in these altering their work and will only cut or alter their work General Conditions, OWNER shall issue all communi- with the written consent of ENGINEER and the others cations to CONTRACTOR through ENGINEER. whose work will be affected. The duties and responsibilities of CONTRACTOR under this 8.02 Replacement of ENGINEER paragraph are for the benefit of such utility owners and other contractors to the extent that there are A. In case of termination of the employment of comparable provisions for the benefit of ENGINEER, OWNER shall appoint an engineer to CONTRACTOR in said direct contracts between whom CONTRACTOR makes no reasonable OWNER and such utility owners and other objection, whose status under the Contract contractors. Documents shall be that of the former ENGINEER. C. If the proper execution or results of any part of 8.03 Furnish Data CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR A. OWNER shall promptly furnish the data shall inspect such other work and promptly report to required of OWNER under the Contract Documents. ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or 804 Pay Promptly When Due unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to A. OWNER shall make payments to CONTRAC- so report will constitute an acceptance of such other TOR promptly when they are due as provided in work as fit and proper for integration with paragraphs 14 02.0 and 14 07.C. CONTRACTOR's Work except for latent defects and deficiencies in such other work. 805 Lands and Easements, Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 00700-General Conditions REV 510.13 00700-27 F,1Public WorksIENGINEERING DNISION PROJECTS11425 S County Park-General Use Field%Adminkbid documentsWlaster Contract Documentst00700-General Conditions REV 510- 13.doc 4.01 and 4.05. Paragraph 4 02 refers to OWNER's ARTICLE 9 - ENGINEER'S STATUS DURING identifying and making available to CONTRACTOR CONSTRUCTION copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or 901 OWNER'S Representative subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the A. ENGINEER will be OWNER's representative Contract Documents. during the construction period. The duties and responsibilities and the limitations of authority of 806 Insurance ENGINEER as OWNER's representative during construction are set forth in the Contract Documents A. OWNER's responsibilities, if any, in respect to and will not be changed without written consent of purchasing and maintaining liability and property insur- OWNER and ENGINEER. ance are set forth in Article 5 9.02 Visits to Site 8.07 Change Orders A. ENGINEER will make visits to the Site at A. OWNER is obligated to execute Change intervals appropriate to the various stages of construc- Orders as indicated in paragraph 10 03. tion as ENGINEER deems necessary in order to observe as an experienced and qualified design 8.08 Inspections, Tests, and Approvals professional the progress that has been made and the quality of the various aspects of CONTRACTOR's A. OWNER's responsibility in respect to certain executed Work. Based on information obtained inspections, tests, and approvals is set forth in during such visits and observations, ENGINEER, for paragraph 13.03.B. the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Con- 8.09 Limitations on OWNER's Responsibilities tract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site A. The OWNER shall not supervise, direct, or to check the quality or quantity of the Work. have control or authority over, nor be responsible for, ENGINEER's efforts will be directed toward providing CONTRACTOR's means, methods, techniques, se- for OWNER a greater degree of confidence that the quences, or procedures of construction, or the safety completed Work will conform generally to the Contract precautions and programs incident thereto, or for any Documents. On the basis of such visits and failure of CONTRACTOR to comply with Laws and observations, ENGINEER will keep OWNER informed Regulations applicable to the performance of the of the progress of the Work and will endeavor to guard Work. OWNER will not be responsible for OWNER against defective Work. CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority 810 Undisclosed Hazardous Environmental and responsibility set forth in paragraph 9.10, and Condition particularly, but without limitation, during or as a result of ENGINEER's visits or observations of A. OWNER's responsibility in respect to an CONTRACTOR's Work ENGINEER will not undisclosed Hazardous Environmental Condition is supervise, direct, control, or have authority over or be set forth in paragraph 4 06 responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, 811 Evidence of Financial Arrangements or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply A. If and to the extent OWNER has agreed to with Laws and Regulations applicable to the furnish CONTRACTOR reasonable evidence that performance of the Work. financial arrangements have been made. to satisfy OWNER's obligations under the Contract Documents, 9.03 Project Representative OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and 00700-General Conditions REV 510-13 00700-28 F 1Public WorksTNGINEERING DNISION PROJECTS\1425 S County Park-General Use FieldWdmin\bid documents\Master Contract Documents\00700-General Conditions REV 510- 13.doc authority and limitations thereon of any such Resident provided in paragraph 13.04, whether or not the Work Project Representative and assistants will be as is fabricated, installed, or completed provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- 907 Shop Drawings, Change Orders and tative or agent to represent OWNER at the Site who is Payments not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of A. In connection with ENGINEER's authority as such other individual or entity will be as provided in the to Shop Drawings and Samples, see paragraph 6.17. Supplementary Conditions. B In connection with ENGINEER's authority as 9.04 Clarifications and Interpretations to Change Orders, see Articles 10, 11, and 12. A. ENGINEER will issue with reasonable C. In connection with ENGINEER's authority as promptness such written clarifications or interpreta- to Applications for Payment, see Article 14. tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall 9.08 Determinations for Unit Price Work be consistent with the intent of and reasonably inferable from the Contract Documents. Such written A. ENGINEER will determine the actual quanti- clarifications and interpretations will be binding on ties and classifications of Unit Price Work performed OWNER and CONTRACTOR. If OWNER and CON- by CONTRACTOR. ENGINEER will review with TRACTOR are unable to agree on entitlement to or on CONTRACTOR the ENGINEER's preliminary the amount or extent, if any, of any adjustment in the determinations on such matters before rendering a Contract Price or Contract Times, or both, that should written decision thereon (by recommendation of an be allowed as a result of a written clarification or Application for Payment or otherwise). ENGINEER's interpretation, a Claim may be made therefor as written decision thereon will be final and binding provided in paragraph 10 05. (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon 905 Authorized Variations in Work OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract 909 Decisions on Requirements of Contract Documents which do not involve an adjustment in the Documents and Acceptability of Work Contract Price or the Contract Times and are compati- ble with the design concept of the completed Project A. ENGINEER will be the initial interpreter of the as a functioning whole as indicated by the Contract requirements of the Contract Documents and judge of Documents. These may be accomplished by a Field the acceptability of the Work thereunder Claims, Order and will be binding on OWNER and also on disputes and other matters relating to the acceptability CONTRACTOR, who shall perform the Work involved of the Work, the quantities and classifications of Unit promptly If OWNER and CONTRACTOR are unable Price Work, the interpretation of the requirements of to agree on entitlement to or on the amount or extent, the Contract Documents pertaining to the if any, of any adjustment in the Contract Price or performance of the Work, and Claims seeking Contract Times, or both, as a result of a Field Order, changes in the Contract Price or Contract Times will a Claim may be made therefor as provided in be referred initially to ENGINEER in writing, in paragraph 10 05. accordance with the provisions of paragraph 10.05, with a request for a formal decision. 906 Rejecting Defective Work B. When functioning as interpreter and judge A. ENGINEER will have authority to disapprove under this paragraph 9 09, ENGINEER will not show or reject Work which ENGINEER believes to be partiality to OWNER or CONTRACTOR and will not defective, or that ENGINEER believes will not produce be liable in connection with any interpretation or a completed Project that conforms to the Contract decision rendered in good faith in such capacity. The Documents or that will prejudice the integrity of the rendering of a decision by ENGINEER pursuant to this design concept of the completed Project as a paragraph 9.09 with respect to any such Claim, functioning whole as indicated by the Contract dispute, or other matter (except any which have been Documents. ENGINEER will also have authority to waived by the making or acceptance of final payment require special inspection or testing of the Work as as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or 00700-General Conditions REV 5-10-13 00700-29 FAPublic WorksXENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldtAdmintbid documentsUAaster Contract Documents\00700-General Conditions REV 5-10- 13.doc CONTRACTOR of such rights or remedies as either ARTICLE 10 -CHANGES IN THE WORK; CLAIMS may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 10.01 Authorized Changes in the Work 910 Limitations on ENGINEER's Authority and A. Without invalidating the Agreement and Responsibilities without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or A. Neither ENGINEER's authority or respon- revisions in the Work by a Written Amendment, a sibility under this Article 9 or under any other provision Change Order, or a Work Change Directive. Upon of the Contract Documents nor any decision made by receipt of any such document, CONTRACTOR shall ENGINEER in good faith either to exercise or not promptly proceed with the Work involved which will be exercise such authority or responsibility or the performed under the applicable conditions of the undertaking, exercise, or performance of any authority Contract Documents (except as otherwise specifically or responsibility by ENGINEER shall create, impose, provided). or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcon- B. If OWNER and CONTRACTOR are unable to tractor, any Supplier, any other individual or entity, or agree on entitlement to, or on the amount or extent, if to any surety for or employee or agent of any of them. any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a B. ENGINEER will not supervise, direct, control, Work Change Directive, a Claim may be made or have authority over or be responsible for therefor as provided in paragraph 10 05. CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety 10 02 Unauthorized Changes in the Work precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and A. CONTRACTOR shall not be entitled to an Regulations applicable to the performance of the increase in the Contract Price or an extension of the Work. ENGINEER will not be responsible for Contract Times with respect to any work performed CONTRACTOR's failure to perform the Work in that is not required by the Contract Documents as accordance with the Contract Documents. amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency C. ENGINEER will not be responsible for the as provided in paragraph 6.16 or in the case of acts or omissions of CONTRACTOR or of any uncovering Work as provided in paragraph 13 04.6 Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. 10 03 Execution of Change Orders D ENGINEER's review of the final Application A. OWNER and CONTRACTOR shall execute for Payment and accompanying documentation and all appropriate Change Orders recommended by ENGI- maintenance and operating instructions, schedules, NEER(or Written Amendments)covering guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to 1. changes in the Work which are: (i) be delivered by paragraph 14.07.A will only be to ordered by OWNER pursuant to paragraph determine generally that their content complies with 10 01.A, (ii) required because of acceptance of the requirements of, and in the case of certificates of defective Work under paragraph 13.08.A or inspections, tests, and approvals that the results OWNER's correction of defective Work under certified indicate compliance with, the Contract paragraph 13 09, or (iii) agreed to by the Documents. parties, E. The limitations upon authority and responsibil- 2. changes in the Contract Price or ity set forth in this paragraph 9 10 shall also apply to Contract Times which are agreed to by the ENGINEER's Consultants, Resident Project Repre- parties, including any undisputed sum or sentative, and assistants. amount of time for Work actually performed in accordance with a Work Change Directive, and 3 changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER 00700-General Conditions REV 510-13 00700-30 FAPublic Works\ENGINEERING MVISION PROJECTS\1425 S County Park-General Use FieldWdmin\bid documentsUNaster Contract Documents\00700-General Conditions REV 510- 13.doc pursuant to paragraph 10 05; provided that, in 10 05 Claims and Disputes lieu of executing any such Change Order, an appeal may be taken from any such decision in A. Notice: Written notice stating the general accordance with the provisions of the Contract nature of each Claim, dispute, or other matter shall be Documents and applicable Laws and Regula- delivered by the claimant to ENGINEER and the other tions, but during any such appeal, party to the Contract promptly (but in no event later CONTRACTOR shall carry on the Work and than 30 days) after the start of the event giving rise adhere to the progress schedule as provided in thereto Notice of the amount or extent of the Claim, paragraph 6.18.A. dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the 10.04 Notification to Surety Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant A. If notice of any change affecting the general to submit additional or more accurate data in support scope of the Work or the provisions of the Contract of such Claim, dispute, or other matter). A Claim for Documents (including, but not limited to, Contract an adjustment in Contract Price shall be prepared in Price or Contract Times) is required by the provisions accordance with the provisions of paragraph 12.01.6. of any Bond to be given to a surety, the giving of any A Claim for an adjustment in Contract Time shall be such notice will be CONTRACTOR's responsibility prepared in accordance with the provisions of The amount of each applicable Bond will be adjusted paragraph 12.02.6 Each Claim shall be accom- to reflect the effect of any such change. panied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimants last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision. ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless. 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16, or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. 00700-General Conditions REV 5-10.13 00700-31 F-Tublic WorkstENGINEERING DIVISION PROJECTS11425-S County Park-Genial Use FieldWdmiMbid documentsVAaster Contract Documents100700-General Conditions REV 5.10- 13.doc C If ENGINEER does not render a formal 2. Cost of all materials and equipment decision in writing within the time stated in paragraph furnished and incorporated in the Work, includ- 10.05 B, a decision denying the Claim in its entirety ing costs of transportation and storage thereof, shall be deemed to have been issued 31 days after and Suppliers' field services required in receipt of the last submittal of the claimant or the last connection therewith. All cash discounts shall submittal of the opposing party, if any accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which D. No Claim for an adjustment in Contract Price to make payments, in which case the cash or Contract Times (or Milestones) will be valid if not discounts shall accrue to OWNER. All trade submitted in accordance with this paragraph 10.05. discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR ARTICLE 11 -COST OF THE WORK; CASH shall make provisions so that they may be ALLOWANCES, UNIT PRICE WORK obtained 3. Payments made by CONTRACTOR 11 01 Cost of the Work to Subcontractors for Work performed by Subcontractors. If required by OWNER, LON- A. Costs Included. The term Cost of the Work TRACTOR shall obtain competitive bids from means the sum of all costs necessarily incurred and subcontractors acceptable to OWNER and paid by CONTRACTOR in the proper performance of CONTRACTOR and shall deliver such bids to the Work. When the value of any Work covered by a OWNER, who will then determine, with the Change Order or when a Claim for an adjustment in advice of ENGINEER, which bids, if any, will be Contract Price is determined on the basis of Cost of acceptable. If any subcontract provides that the the Work, the costs to be reimbursed to Subcontractor is to be paid on the basis of Cost CONTRACTOR will be only those additional or of the Work plus a fee, the Subcontractor's incremental costs required because of the change in Cost of the Work and fee shall be determined the Work or because of the event giving rise to the in the same manner as CONTRACTOR's Cost Claim. Except as otherwise may be agreed to in of the Work and fee as provided in this para- writing by OWNER, such costs shall be in amounts no graph 11.01 higher than those prevailing in the locality of the Project, shall include only the following items, and 4 Costs of special consultants shall not include any of the costs itemized in para- (including but not limited to engineers, graph 1101.13 architects, testing laboratories, surveyors, attomeys, and accountants) employed for 1 PaYMII GStS for employees in the services specifically related to the Work. d*FeGt employ of CONTRACTOR On the perfer 5 Supplemental costs including the GlassifiGatiGRs agFeed upon by OWNER and following: GQNTRAr__TQR. employees shall inGlude without limitation supe ntenaents, foremen, a. The proportion of necessary trans- and ether peFsennel employed full time at the portation, travel, and subsistence expenses of Site. Payroll GGStS foF employees not employed CONTRACTOR's employees incurred in dis- full tome en the Work shall be appGrtioned on of duties connected with the Work. the basis of #heir +- spent GR the in GFk PayFell GGStS shall iAGlude, but not be limited , b. Cost, including transportation and salaries and wages plus the nest of fringe maintenance, of all materials, supplies, equip- benefits, whish shall inGlude SA i. seGU�P,f ment, machinery, appliances, office, and eentributiens, Unemployment, e*sise, and temporary facilities at the Site, and hand tools not owned by the workers,which are consumed and retirement benefits, bonuses, S,Gkleave, in the performance of the Work, and cost, less YaGation and holiday pay appliGable the-Fete. market value, of such items used but not con- The expenses of perfermine ` ark outside of sumed which remain the property of CON- TRACTOR. legal holidays, shall be iRGIuded in the above te the extent a hhorzed by OWAICD 00710-General Conditions REV 5-10-13 00700-32 FAPublic WorksIENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldMmintbid documentslMaster Contract Documents\00700-General Conditions REV 5-10- 13.doc C. Rentals of all construction equip- changes in the Work or caused by the event ment and machinery, and the parts thereof giving rise to the Claim whether rented from CONTRACTOR or others in accordance with rental agreements approved j.When all the Work is performed on the by OWNER with the advice of ENGINEER, and basis of cost-plus, the costs of premiums for all the costs of transportation, loading, unloading, Bonds and insurance CONTRACTOR is assembly, dismantling, and removal thereof required by the Contract Documents to All such costs shall be in accordance with the purchase and maintain terms of said rental agreements. The rental of any such equipment, machinery, or parts shall B. Costs Excluded: The term Cost of the Work cease when the use thereof is no longer shall not include any of the following items: necessary for the Work. 1 Payroll costs and other compensation d. Sales, consumer, use, and other of CONTRACTOR's officers, executives, princi- similar taxes related to the Work, and for which pals (of partnerships and sole proprietorships), CONTRACTOR is liable, imposed by Laws and general managers, engineers, architects, Regulations. estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, e Deposits lost for causes other than timekeepers, clerks, and other personnel negligence of CONTRACTOR, any Sub- employed by CONTRACTOR, whether at the contractor, or anyone directly or indirectly Site or in CONTRACTOR's principal or branch employed by any of them or for whose acts any office for general administration of the Work of them may be liable, and royalty payments and not specifically included in the agreed upon and fees for permits and licenses. schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by f. Losses and damages (and related paragraph 11 01.A.4, all of which are to be expenses) caused by damage to the Work, not considered administrative costs covered by the compensated by insurance or otherwise, sus- CONTRACTOR's fee. tained by CONTRACTOR in connection with the performance of the Work (except losses 2. Expenses of CONTRACTOR's princi- and damages within the deductible amounts of pal and branch offices other than property insurance established in accordance CONTRACTOR's office at the Site. with paragraph 5.06.D), provided such losses and damages have resulted from causes other 3 Any part of CONTRACTOR's capital than the negligence of CONTRACTOR, any expenses, including interest on Subcontractor, or anyone directly or indirectly CONTRACTOR's capital employed for the employed by any of them or for whose acts any Work and charges against CONTRACTOR for of them may be liable. Such losses shall delinquent payments. include settlements made with the written consent and approval of OWNER. No such 4. Costs due to the negligence of CON- losses, damages, and expenses shall be TRACTOR, any Subcontractor, or anyone included in the Cost of the Work for the directly or indirectly employed by any of them or purpose of determining CONTRACTOR's fee. for whose acts any of them may be liable, including but not limited to, the correction of g. The cost of utilities, fuel, and sanitary defective Work, disposal of materials or facilities at the Site. equipment wrongly supplied, and making good any damage to property h. Minor expenses such as telegrams, long distance telephone calls, telephone service 5 Other overhead or general expense at the Site, expressage, and similar petty cash costs of any kind and the costs of any item not items in connection with the Work. specifically and expressly included in paragraphs 11.01.A and 11 01.6. i. When the Cost of the Work is used to determine the value of a Change Order or of a C. CONTRACTOR's Fee: When all the Work is Claim, the cost of premiums for additional performed on the basis of cost-plus, CONTRACTOR's Bonds and insurance required because of the fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change 00700-General Conditions REV 570.13 00700-33 FVublic WorksIENGINEERING DIVISION PROJECTS11425 S County Park-General Use FieldMmWbid documentswaster Contract DocumentsW0700-General Conditions REV 510- 13.doc Order or when a Claim for an adjustment in Contract Unit Price Work performed by CONTRACTOR will be Price is determined on the basis of Cost of the Work, made by ENGINEER subject to the provisions of CONTRACTOR's fee shall be determined as set forth paragraph 9 08. in paragraph 12.01.C. B. Each unit price will be deemed to include an D. Documentation: Whenever the Cost of the amount considered by CONTRACTOR to be ade- Work for any purpose is to be determined pursuant to quate to cover CONTRACTOR's overhead and profit paragraphs 11.01.A and 11.01 B, CONTRACTOR will for each separately identified item. establish and maintain records thereof in accordance with generally accepted accounting practices and C OWNER or CONTRACTOR may make a submit in a form acceptable to ENGINEER an Claim for an adjustment in the Contract Price in accor- itemized cost breakdown together with supporting dance with paragraph 10.05 if: data. 1. the quantity of any item of Unit Price 11.02 Cash Allowances Work performed by CONTRACTOR differs materially and significantly from the estimated A. It is understood that CONTRACTOR has in- quantity of such item indicated in the cluded in the Contract Price all allowances so named Agreement; and in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be 2. there is no corresponding adjustment acceptable to OWNER and ENGINEER. with respect any other item of Work; and CONTRACTOR agrees that: 3. if CONTRACTOR believes that 1. the allowances include the cost to CONTRACTOR is entitled to an increase in CONTRACTOR (less any applicable trade Contract Price as a result of having incurred discounts) of materials and equipment required additional expense or OWNER believes that by the allowances to be delivered at the Site, OWNER is entitled to a decrease in Contract and all applicable taxes; and Price and the parties are unable to agree as to the amount of any such increase or decrease. 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses ARTICLE 12 -CHANGE OF CONTRACT PRICE; contemplated for the allowances have been CHANGE OF CONTRACT TIMES included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will 1201 Change of Contract Price be valid. A. The Contract Price may only be changed by a B. Prior to final payment, an appropriate Change Change Order or by a Written Amendment. Any Order will be issued as recommended by ENGINEER Claim for an adjustment in the Contract Price shall be to reflect actual amounts due CONTRACTOR on based on written notice submitted by the party making account of Work covered by allowances, and the Con- the Claim to the ENGINEER and the other party to the tract Price shall be correspondingly adjusted. Contract in accordance with the provisions of para- graph 10.05. 11.03 Unit Price Work B. The value of any Work covered by a Change A. Where the Contract Documents provide that Order or of any Claim for an adjustment in the all or part of the Work is to be Unit Price Work, initially Contract Price will be determined as follows: the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the 1. where the Work involved is covered unit price for each separately identified item of Unit by unit prices contained in the Contract Price Work times the estimated quantity of each item Documents, by application of such unit prices to as indicated in the Agreement. The estimated the quantities of the items involved (subject to quantities of items of Unit Price Work are not guaran- the provisions of paragraph 11 03), or teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Deter- 2. where the Work involved is not cov- minations of the actual quantities and classifications of ered by unit prices contained in the Contract 00700-General Conditions REV 510-13 00700-34 FAPublic Works\ENGINEERING DNISION PROJECTS\1425 S County Park-General Use FieldWdmin\bid documentsWlaster Contract Documents\00700-General Conditions REV 510- 13.doc Documents, by a mutually agreed lump sum (which may include an allowance for overhead f when both additions and credits are and profit not necessarily in accordance with involved in any one change, the adjustment paragraph 12.01.C.2); or in CONTRACTOR's fee shall be computed on the basis of the net change in 3. where the Work involved is not cov- accordance with paragraphs 12.01 C.2.a ered by unit prices contained in the Contract through 12.01.C.2.e, inclusive. Documents and agreement to a lump sum is not reached under paragraph 12.01.6.2, on the 12.02 Change of Contract Times basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a A. The Contract Times (or Milestones) may only CONTRACTOR's fee for overhead and profit be changed by a Change Order or by a Written (determined as provided in paragraph 12.01.C). Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on C. CONTRACTOR's Fee: The written notice submitted by the party making the claim CONTRACTOR's fee for overhead and profit shall be to the ENGINEER and the other party to the Contract determined as follows: in accordance with the provisions of paragraph 10 05 1. a mutually acceptable fixed fee, or B Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any 2. if a fixed fee is not agreed upon, then Claim for an adjustment in the Contract Times (or a fee based on the following percentages of the Milestones) will be determined in accordance with the various portions of the Cost of the Work: provisions of this Article 12. a. for costs incurred under para- 12.03 Delays Beyond CONTRACTOR's Control graphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract b. for costs incurred under paragraph Times (or Milestones) due to delay beyond the control 11.01.A.3, the CONTRACTOR's fee shall of CONTRACTOR, the Contract Times (or be five percent; Milestones)will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor c. where one or more tiers of subcon- as provided in paragraph 12.02.A. Delays beyond the tracts are on the basis of Cost of the Work control of CONTRACTOR shall include, but not be plus a fee and no fixed fee is agreed upon, limited to, acts or neglect by OWNER, acts or neglect the intent of paragraph 12.01 C.2.a is that of utility owners or other contractors performing other the Subcontractor who actually performs work as contemplated by Article 7, fires, floods, the Work, at whatever tier, will be paid a fee epidemics, abnormal weather conditions, or acts of of 15 percent of the costs incurred by such God Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier 12.04 Delays Within CONTRACTOR's Control Subcontractor and CONTRACTOR will each be paid a fee of five percent of the A. The Contract Times(or Milestones)will not be amount paid to the next lower tier Subcon- extended due to delays within the control of tractor; CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be d no fee shall be payable on the deemed to be delays within the control of CONTRAC- basis of costs itemized under paragraphs TOR. 11 01.A.4, 11.01.A.5, and 11 01.13, 12.05 Delays Beyond OWNER's and e. the amount of credit to be allowed CONTRACTOR's Control by CONTRACTOR to OWNER for any change which results in a net decrease in A. Where CONTRACTOR is prevented from cost will be the amount of the actual net completing any part of the Work within the Contract decrease in cost plus a deduction in Times (or Milestones) due to delay beyond the control CONTRACTOR's fee by an amount equal of both OWNER and CONTRACTOR, an extension of to five percent of such net decrease; and the Contract Times (or Milestones) in an amount 00700-General Conditions REV 570.13 00700-35 FAPublic WorksIENGINEERING DIVISION PROJECTS\1425 S County Park-General Use Field\Admin\bid documents\Ntaster Contract Documents\00700-General Conditions REV 510- 13.doc equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such 13 03 Tests and Inspections delay. A. CONTRACTOR shall give ENGINEER timely 12.06 Delay Damages notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate A. In no event shall OWNER or ENGINEER be with inspection and- testing personnel to facilitate liable to CONTRACTOR, any Subcontractor, any required inspections or tests. Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for B. OWNER—shall empley—and may-fbF the- damages t1edamages arising out of or resulting from se-i-es of an independent testing laberateFy to 1 delays caused by or within the control the QGRtFaGt DOGUFnesits eXGept: of CONTRACTOR, or 1. fer inspesfiGFIS, tests, eF appFevals 2. delays beyond the control of both GGYeFed by paragFaphs 13.03.G and 13.03.D OWNER and CONTRACTOR including but not belew; limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or 2. that Gests FT-ed i;a-seaeestien with neglect by utility owners or other contractors performing other work as contemplated by PaFagFaph 13.04.13 shall be paid as pmvided Article 7 said paFagFaph 13.04.13, aPA B. Nothing in this paragraph 12.06 bars a 3. as-othepwise speGifiGally provided '^ change in Contract Price pursuant to this Article 12 to . compensate CONTRACTOR due to delay, interference, or disruption directly attributable to C. If Laws or Regulations of any public body actions or inactions of OWNER or anyone for whom having jurisdiction require any Work (or part thereof) OWNER is responsible. specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for ARTICLE 13-TESTS AND INSPECTIONS; arranging and obtaining such inspections, tests, or CORRECTION, REMOVAL OR ACCEPTANCE OF approvals, pay all costs in connection therewith, and DEFECTIVE WORK furnish ENGINEER the required certificates of inspec- tion or approval. 13 01 Notice of Defects D CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in A. Prompt notice of all defective Work of which connection with any inspections, tests, or approvals OWNER or ENGINEER has actual knowledge will be required for OWNER's and ENGINEER's acceptance given to CONTRACTOR. All defective Work may be of materials or equipment to be incorporated in the rejected, corrected, or accepted as provided in this Work; or acceptance of materials, mix designs, or Article 13. equipment submitted for -approval prior to CONTRACTOR's purchase thereof for incorporation 13 02 Access to Work in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to A. OWNER, ENGINEER, ENGINEER's Con- OWNER and ENGINEER. sultants, other representatives and personnel of OWNER, independent testing laboratories, and E. If any Work (or the work of others) that is to governmental agencies with jurisdictional interests will be inspected, tested, or approved is covered by CON- have access to the Site and the Work at reasonable TRACTOR without written concurrence of ENGI- times for their observation, inspecting, and testing. NEER, it must, if requested by ENGINEER, be uncov- CONTRACTOR shall provide them proper and safe ered for observation. conditions for such access and advise them of CONTRACTOR's Site safety procedures and F. Uncovering Work as provided in paragraph programs so that they may comply therewith as 13.03 E shall be at CONTRACTOR's expense unless applicable. CONTRACTOR has given ENGINEER timely notice 00700-General Conditions REV 5-10-13 00700-36 1`1Public WorksIENGINEERING DIVISION PROJECTS11425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\00700-General Conditions REV 5-10- 13.doc of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- Q,,,-f t ness in response to such notice. 13 06 Correction or Removal of Defective Work 13 04 Uncovering Work A. CONTRACTOR shall correct all defective A. If any Work is covered contrary to the written Work, whether or not fabricated, installed, or request of ENGINEER, it must, if requested by ENGI- completed, or, if the Work has been rejected by ENGI- NEER, be uncovered for ENGINEER's observation NEER, remove it from the Project and replace it with and replaced at CONTRACTOR's expense. Work that is not defective CONTRACTOR shall pay all Claims, costs, losses, and damages (including but B. If ENGINEER considers it necessary or not limited to all fees and charges of engineers, advisable that covered Work be observed by ENGI- architects, attorneys, and other professionals and all NEER or inspected or tested by others, CONTRAC- court or arbitration or other dispute resolution costs) TOR, at ENGINEER's request, shall uncover, expose, arising out of or relating to such correction or removal or otherwise make available for observation, inspec- (including but not limited to all costs of repair or tion, or testing as ENGINEER may require, that replacement of work of others). portion of the Work in question, furnishing all neces- sary labor, material, and equipment. If it is found that 13.07 Correction Period such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not A. if within eRe yeaF afteF the date of Substantial limited to all fees and charges of engineers, architects, GempletiGR OF SUGh longer peFied of time as FRay be attorneys, and other professionals and all court or pFeSGF*bed by Laws or Regulations by the teFFns f arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory Cc)ntFaGt I)GGLIrneRtS, any WeFk found to he replacement or reconstruction (including but not defective, er if the repair of ^ da to the I ^a P (� 9 �cpau vi airj-vamayc" v-crrc�anv limited to all costs of repair or replacement of work of OF areas Fnade available for GONTRAGTOR's use-by others); and OWNER shall be entitled to an OWNER or permitte�'�TLaws and Regulationsas appropriate decrease in the Contract Price. If the GGIntemplated on paFagFaph 6.1!.A us found to - parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in to OWNER and *R aGGGFdanGe wath Q paragraph 10 05 If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an (ii) GerreGt such defective-Worm er, if the defeGtive increase in the Contract Price or an extension of the WoFk has been FejeGted by OWNER, it f Contract Times (or Milestones), or both, directly the-Prejest and FepIaGe-it with WoFk that as attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to week of 9ttic,s ^r ettie Iand or aFeas Fesulting +tie the amount or extent thereof, CONTRACTOR may fes. If CONTRACTOR does not promptly comply make a Claim therefor as provided in paragraph with the terms of such instructions, or in an 1005 emergency where delay would cause serious risk of loss or damage, OWNER may have the defective 1305 OWNER May Stop the Work Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, A. if the-Werkis-defective, erCONTRACTOR losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, FnateFials or equipmeRt, eF fails to peFfaFm the We* 6A and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating the GentFaGt DOGUments, OWNER may e.rd-el: CON to such correction or repair or such removal and TRAGTOR to step the 9F any peftion theFeef, replacement (including but not limited to all costs of Until theGause fpr G Gh oirder has been eliFniRated, repair or replacement of work of others)will be paid by heweveF, this dght of OWNER to stop the WeFk shall CONTRACTOR. R9t give rise to aRy duty en the part of OWNER to B. 00700-General Conditions REV 510-13 00700-37 FAPublic WorksIENGINEERING DNISION PROJECTS11425 S County Park-General Use FleldWdmintbid documentsWlaster Contract Documents\00700-General Conditions REV 510- 13.doc any other provision of the Contract Documents, OWNER may, after seven days written notice to WFmt+eR me.,dme.,+ CONTRACTOR, correct and remedy any such deficiency. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or B. In exercising the rights and remedies under removed and replaced under this paragraph 13.07, this paragraph, OWNER shall proceed expeditiously the correction period hereunder with respect to such In connection with such corrective and remedial Work will be extended for an additional period of one action, OWNER may exclude CONTRACTOR from all year after such correction or removal and replacement or part of the Site, take possession of all or part of the has been satisfactorily completed. Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, D. CONTRACTOR's obligations under this appliances, construction equipment and machinery at paragraph 13 07 are in addition to any other obligation the Site, and incorporate in the Work all materials and or warranty The provisions of this paragraph 13.07 equipment stored at the Site or for which OWNER has shall not be construed as a substitute for or a waiver paid CONTRACTOR but which are stored elsewhere. of the provisions of any applicable statute of limitation CONTRACTOR shall allow OWNER, OWNER's or repose representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's 13.08 Acceptance of Defective Work Consultants access to the Site to enable OWNER to exercise the rights and remedies under this A. If, instead of requiring correction or removal paragraph. and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- C. All Claims, costs, losses, and damages ment, ENGINEER) prefers to accept it, OWNER may (including but not limited to all fees and charges of do so. CONTRACTOR shall pay all Claims, costs, engineers, architects, attorneys, and other losses, and damages (including but not limited to all professionals and all court or arbitration or other fees and charges of engineers, architects, attorneys, dispute resolution costs) incurred or sustained by and other professionals and all court or arbitration or OWNER in exercising the rights and remedies under other dispute resolution costs) attributable to this paragraph 13.09 will be charged against CON- OWNER's evaluation of and determination to accept TRACTOR, and a Change Order will be issued such defective Work (such costs to be approved by incorporating the necessary revisions in the Contract ENGINEER as to reasonableness)and the diminished Documents with respect to the Work; and OWNER value of the Work to the extent not otherwise paid by shall be entitled to an appropriate decrease in the CONTRACTOR pursuant to this sentence. If any Contract Price. If the parties are unable to agree as to such acceptance occurs prior to ENGINEER's recom- the amount of the adjustment, OWNER may make a mendation of final payment, a Change Order will be Claim therefor as provided in paragraph 10 05 Such issued incorporating the necessary revisions in the claims, costs, losses and damages will include but not Contract Documents with respect to the Work, and be limited to all costs of repair, or replacement of work OWNER shall be entitled to an appropriate decrease of others destroyed or damaged by correction, in the Contract Price, reflecting the diminished value of removal, or replacement of CONTRACTOR's Work so accepted. If the parties are unable to agree defective Work. as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the D. CONTRACTOR shall not be allowed an acceptance occurs after such recommendation, an extension of the Contract Times (or Milestones) appropriate amount will be paid by CONTRACTOR to because of any delay in the performance of the Work OWNER. attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. 13 09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with 00700-General Conditions REV 510-13 00700-38 F:1Public WorWENGINEERING DNISION PROJECTS\1425 S County Park-General Use FieldtAdminlbid documentsWaster Contract Documentst00700-General Conditions REV 510- 13.doc ARTICLE 14- PAYMENTS TO CONTRACTOR AND B Review of Applications COMPLETION 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either 14.01 Schedule of Values indicate in writing a recommendation of payment and present the Application to A. The schedule of values established as provid- OWNER or return the Application to ed in paragraph 2.07.A will serve as the basis for CONTRACTOR indicating in writing progress payments and will be incorporated into a ENGINEER's reasons for refusing to form of Application for Payment acceptable to ENGI- recommend payment. In the latter case, CON- NEER. Progress payments on account of Unit Price TRACTOR may make the necessary Work will be based on the number of units completed. corrections and resubmit the Application. 14 02 Progress Payments 2. ENGINEER's recommendation of any payment requested in an Application for A. Applications for Payments Payment will constitute a representation by ENGINEER to OWNER, based on 1. At least 20 days before the date ENGINEER's observations on the Site of the established for each progress payment(but not executed Work as an experienced and qualified more often than once a month), design professional and on ENGINEER's CONTRACTOR shall submit to ENGINEER for review of the Application for Payment and the review an Application for Payment filled out and accompanying data and schedules, that to the signed by CONTRACTOR covering the Work best of ENGINEER's knowledge, information completed as of the date of the Application and and belief accompanied by such supporting documentation as is required by the Contract a. the Work has progressed to the point Documents. If payment is requested on the indicated; basis of materials and equipment not incorporated in the Work but delivered and b. the quality of the Work is generally in suitably stored at the Site or at another location accordance with the Contract Documents agreed to in writing, the Application for Payment (subject to an evaluation of the Work as a shall also be accompanied by a bill of sale, functioning whole prior to or upon invoice, or other documentation warranting that Substantial Completion, to the results of any OWNER has received the materials and equip- subsequent tests called for in the Contract ment free and clear of all Liens and evidence Documents, to a final determination of that the materials and equipment are covered quantities and classifications for Unit Price by appropriate property insurance or other Work under paragraph 9.08, and to any arrangements to protect OWNER's interest other qualifications stated in the therein, all of which must be satisfactory to recommendation); and OWNER. c. The conditions precedent to 2. Beginning with the second CONTRACTOR's being entitled to such Application for Payment, each Application shall payment appear to have been fulfilled in so include an affidavit of CONTRACTOR stating far as it is ENGINEER's responsibility to that all previous progress payments received observe the Work. on account of the Work have been applied on account to discharge CONTRACTOR's 3 By recommending any such legitimate obligations associated with prior payment ENGINEER will not thereby be Applications for Payment. deemed to have represented that: (i) inspec- tions made to check the quality or the quantity 3 The amount of retainage with respect of the Work as it has been performed have to progress payments will be as stipulated in been exhaustive, extended to every aspect of the Agreement. the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the D0700-General Conditions REV 510-13 00700-39 F-1Public Works\ENGINEERING DIVISION PROJECTS11425 S County Park-General Use Field\Adminlbid documentsWlaster Contract Documents100700-General Conditions REV 510- 13.doc parties that might entitle CONTRACTOR to be 1. Ten days afterpfesertt —Of-the paid additionally by OWNER or entitle OWNER Applisatien fer Payment to—OWNER«with to withhold payment to CONTRACTOR. ENGINEER'S reEemmendatien, the aFRGUnt 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of due will be paid by OWNER tG CONTRAGTOR. recommending payments nor ENGINEER's recommendation of any payment, including final D. Reduction in Payment payment, will impose responsibility on ENGINEER to supervise, direct, or control the 1. OWNER may refuse to make Work or for the means, methods, techniques, payment of the full amount recommended by sequences, or procedures of construction, or ENGINEER because: the safety precautions and programs incident thereto, or for CONTRACTOR's failure to a. claims have been made against comply with Laws and Regulations applicable to OWNER on account of CONTRACTOR's CONTRACTOR's performance of the Work. performance or furnishing of the Work; Additionally, said review or recommendation will not impose responsibility on ENGINEER to b. Liens have been filed in connection make any examination to ascertain how or for with the Work, except where what purposes CONTRACTOR has used the CONTRACTOR has delivered a specific moneys paid on account of the Contract Price, Bond satisfactory to OWNER to secure the or to determine that title to any of the Work, satisfaction and discharge of such Liens; materials, or equipment has passed to OWNER free and clear of any Liens. c. there are other items entitling OWN- ER to a set-off against the amount 5. ENGINEER may refuse to recom- recommended; or mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to d. OWNER has actual knowledge of the make the representations to OWNER referred occurrence of any of the events enumerated to in paragraph 14.02.B.2. ENGINEER may in paragraphs 14.02.B.5 a through also refuse to recommend any such payment 14.02.8.5 c or paragraph 15.02.A. or, because of subsequently discovered evidence or the results of subsequent 2. If OWNER refuses to make payment inspections or tests, revise or revoke any such of the full amount recommended by payment recommendation previously made, to ENGINEER, OWNER must give such extent as may be necessary in CONTRACTOR immediate written notice (with ENGINEER's opinion to protect OWNER from a copy to ENGINEER) stating the reasons for loss because: such action and promptly pay CONTRACTOR any amount remaining after deduction of the a. the Work is defective, or completed amount so withheld. OWNER shall promptly Work has been damaged, requiring pay CONTRACTOR the amount so withheld, or correction or replacement; any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR b. the Contract Price has been reduced corrects to OWNER's satisfaction the reasons by Written Amendment or Change Orders, for such action. c. OWNER has been required to correct 3. If it is subsequently determined that defective Work or complete Work in accor- OWNER's refusal of payment was not justified, dance with paragraph 13.09; or the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.0 1. the nnnUrrenne of any of the events ens rner atea in paFa Faph 15 n� n 14 03 CONTRACTOR's Warranty of Title C. Payment Becomes Due A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated 00700-General Conditions REV 510-13 00700-40 FAPublic WorksIENGINEERING DNISION PROJECTS11425 S County Park-General Use FieldMmWbid documentsVvlaster Contract Documents\00700-General Conditions REV 510- 13.doc in the Project or not, will pass to OWNER no later than B. OWNER shall have the right to exclude the time of payment free and clear of all Liens. CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- 14.04 Substantial Completion TRACTOR reasonable access to complete or correct items on the tentative list A When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall 14.05 Partial Utilization notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items A Use by OWNER at OWNER's option of any specifically listed by CONTRACTOR as incomplete) substantially completed part of the Work.which has and request that ENGINEER issue a certificate of specifically been identified in the Contract Documents, Substantial Completion. Promptly thereafter, or which OWNER, ENGINEER, and CONTRACTOR OWNER, CONTRACTOR, and ENGINEER shall agree constitutes a separately functioning and usable make an inspection of the Work to determine the part of the Work that can be used by OWNER for its status of completion. If ENGINEER does not consider intended purpose without significant interference with the Work substantially complete, ENGINEER will CONTRACTOR's performance of the remainder of notify CONTRACTOR in writing giving the reasons the Work, may be accomplished prior to Substantial therefore. if ENGINEER sensidefs the Work Completion of all the Work subject to the following substantially-Gernplete, ENGINEER ,.SII prep,rp aind conditions. deliver to OWNER a tentative nohifiGate of Sub tat ti I GempletiOR ;.A.gh*r_,h Shall fix the date of SubstaRtial 1. OWNER at any time may request SempletiGR. There shall be ,ttaGhed to the sertifisate CONTRACTOR in writing to permit OWNER to e tentative list of ite;ns to be GGImpleted GF_GOFFerteQ use any such part of the Work which OWNER befere final paimeFlt. OWNER shall seven days believes to be ready for its intended use and after reoeint of the tentative eertifiGate dw rrino WhiGh to substantially complete. If CONTRACTOR make written--ebject Gn -to ENGINEER as a,7 agrees that such part of the Work is previsiens of the GeFtifioate er�e„ed list If es substantially complete, CONTRACTOR will GGRside0ing-sLIGh s;jeGtie„s, ENGINEER certify to OWNER and ENGINEER that such that the Werk is aetsubstantially Gerplete part of the Work is substantially complete and ENGINEER Wit within 14 days after submis ien of the request ENGINEER to issue a certificate of Substantial Completion for that part of the in wilting, statiRg--the-reaseas therefsrif, afieF Work. CONTRACTOR at any time may notify seFtsideFatien of OWNER's-objeGta;s, €P'�€€I. OWNER and ENGINEER in writing that GensideeFs the WGFk substantially—Gerplete, CONTRACTOR considers any such part of the ENGINEER will within said 14 days exeGute and Work ready for its intended use and substan- cwr tially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time refleefing S soh ohannes from the tentaWe oertifioate after either such request, OWNER, as ENGINEER believes justified after nen iderafien of CONTRACTOR, and ENGINEER shall make any objestieRs-fmm OWNER. At the time of aeliveFy an inspection of that part of the Work to ef the -tentative Gerfifirate of Substantial GGmpletiOR determine its status of completion. If ENGINEER will deliver to QWNIER and GONTRAG ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER responsibilities pending final paymeat between will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If operation, safety—and--pFeteetiea--ef the Wry ENGINEER considers that part of the Work to maintenaFlGe, Reat,- tlities�sa,M^^e, ,^ 1 waFF^^ties be substantially complete, the provisions of and guarantees. Unless6TWN€R and paragraph 14.04 will apply with respect to CONTRACTOR agFee othervAse in w0ting and so certification of Substantial Completion of that inform ENGINEER in uniting prim to ENGINEER'r, part of the Work and the division of iSSU;Ro the definitive eertifiGate of Substantial Comple responsibility in respect thereof and access tion ENGINEER's aforesaid r endatien sill he thereto. binding an OWNER and GONTRACTOR until fiRal payment 2. No occupancy or separate operation of part of the Work may occur prior to 00700-General Conditions REV 510-13 00700-41 FAPublic Works\ENGINEERING DrVIS ION PROJECTS\1425 S County Park-General Use FleldMmin\bid doawmentsWlaster Contrail Documents100700-General Conditions REV 510- 13.doc compliance with the requirements of paragraph furnish such a release or receipt in full, CON- 5.10 regarding property insurance. TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify 14.06 Final Inspection OWNER against any Lien. A. Upon written notice from CONTRACTOR that B. Review of Application and Acceptance the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final 1. If, on the basis of ENGINEER's inspection with OWNER and CONTRACTOR and will observation of the Work during construction notify CONTRACTOR in writing of all particulars in and final inspection, and ENGINEER's review which this inspection reveals that the Work is of the final Application for Payment and incomplete or defective CONTRACTOR shall accompanying documentation as required by immediately take such measures as are necessary to the Contract Documents, ENGINEER is complete such Work or remedy such deficiencies. satisfied that the Work has been completed and CONTRACTOR's other obligations under 14 07 Final Payment the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of A. Application for Payment the final Application for Payment, indicate in writing ENGINEER's recommendation of 1 After CONTRACTOR has, in the payment and present the Application for opinion of ENGINEER, satisfactorily completed Payment to OWNER for payment. At the same all corrections identified during the final time ENGINEER will also give written notice to inspection and has delivered, in accordance OWNER and CONTRACTOR that the Work is with the Contract Documents, all maintenance acceptable subject to the provisions of and operating instructions, schedules, guaran- paragraph 14 09. Otherwise, ENGINEER will tees, Bonds, certificates or other evidence of return the Application for Payment to insurance certificates of inspection, marked-up CONTRACTOR, indicating in writing the record documents (as provided in paragraph reasons for refusing to recommend final 6.12), and other documents, CONTRACTOR payment, in which case CONTRACTOR shall may make application for final payment follow- make the necessary corrections and resubmit ing the procedure for progress payments. the Application for Payment. 2. The final Application for Payment C. Payment Becomes Due shall be accompanied (except as previously delivered) by: (i) all documentation called for in 1. Thirty days after the pFe entatiGR t9 the Contract Documents, including but not OWNER of the AppliGatffieiri feF Payment and limited to the evidence of insurance required by subparagraph 5.04 B 7; (ii) consent of the ron„mmended by ENGINEER will beGGme due surety, if any, to final payment; and (iii) and, when due, will be paid by OWNER to complete and legally effective releases or CONTRACT waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection 14.08 Final Completion Delayed with the Work. A. If, through no fault of CONTRACTOR, final 3. In lieu of the releases or waivers of completion of the Work is significantly delayed, and if Liens specified in paragraph 14.07.A.2 and as ENGINEER so confirms, OWNER shall, upon receipt approved by OWNER, CONTRACTOR may of CONTRACTOR's final Application for Payment and furnish receipts or releases in full and an recommendation of ENGINEER, and without terminat- affidavit of CONTRACTOR that: (i) the releases ing the Agreement, make payment of the balance due and receipts include all labor, services, for that portion of the Work fully completed and material, and equipment for which a Lien could accepted. If the remaining balance to be held by be filed; and (ii) all payrolls, material and OWNER for Work not fully completed or corrected is equipment bills, and other indebtedness less than the retainage stipulated in the Agreement, connected with the Work for which OWNER or and if Bonds have been furnished as required in OWNER's property might in any way be paragraph 5.01, the written consent of the surety to responsible have been paid or otherwise satis- the payment of the balance due for that portion of the fied. If any Subcontractor or Supplier fails to Work fully completed and accepted shall be submitted 00700-General Conditions REV 5-10-13 00700-42 F\Public Works\ENGINEERING DNISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\00700-General Conditions REV 5-10- 13.doc by CONTRACTOR to ENGINEER with the Application under paragraph 2.07 as adjusted from time to for such payment. Such payment shall be made time pursuant to paragraph 6.04); under the terms and conditions governing final payment, except that it shall not constitute a waiver of 2. CONTRACTOR's disregard of Laws Claims. or Regulations of any public body having jurisdiction; 14.09 Waiver of Claims 3. CONTRACTOR's disregard of the A. The making and acceptance of final payment authority of ENGINEER; or will constitute. 4 CONTRACTOR's violation in any 1 a waiver of all Claims by OWNER substantial way of any provisions of the against CONTRACTOR, except Claims arising Contract Documents. from unsettled Liens, from defective Work appearing after final inspection pursuant to B If one or more of the events identified in paragraph 14 06, from failure to comply with the paragraph 15 02.A occur, OWNER may, after giving Contract Documents or the terms of any special CONTRACTOR (and the surety, if any) seven days guarantees specified therein, or from written notice, terminate the services of CONTRACTOR's continuing obligations under CONTRACTOR, exclude CONTRACTOR from the the Contract Documents; and Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction 2. a waiver of all Claims by CONTRAC- equipment, and machinery at the Site, and use the TOR against OWNER other than those same to the full extent they could be used by previously made in writing which are still CONTRACTOR (without liability to CONTRACTOR for unsettled trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which ARTICLE 15-SUSPENSION OF WORK AND are stored elsewhere, and finish the Work as OWNER TERMINATION may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the 15 01 OWNER May Suspend Work Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and A. At any time and without cause, OWNER may charges of engineers, architects, attorneys, and other suspend the Work or any portion thereof for a period professionals and all court or arbitration or other of not more than 90 consecutive days by notice in dispute resolution costs) sustained by OWNER arising writing to CONTRACTOR and ENGINEER which will out of or relating to completing the Work, such excess fix the date on which Work will be resumed. CON- will be paid to CONTRACTOR. If such claims, costs, TRACTOR shall resume the Work on the date so losses, and damages exceed such unpaid balance, fixed. CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their suspeRSaOR if CONTRACTOR makes a Claim theFefb reasonableness and, when so approved by ENGINEER, incorporated in a Change Order When exercising any rights or remedies under this 15 02 OWNER May Terminate for Cause paragraph OWNER shall not be required to obtain the lowest price for the Work performed. A. The occurrence of any one or more of the following events will justify termination for cause. C Where CONTRACTOR's services have been so terminated by OWNER, the termination will not 1 CONTRACTOR's persistent failure affect any rights or remedies of OWNER against to perform the Work in accordance with the CONTRACTOR then existing or which may thereafter Contract Documents (including, but not limited accrue. Any retention or payment of moneys due to, failure to supply sufficient skilled workers or CONTRACTOR by OWNER will not release CON- suitable materials or equipment or failure to TRACTOR from liability. adhere to the progress schedule established 00700-General Conditions REV 5-10-13 00700-43 F\Public Works\ENGINEERING ONISION PROJECTS\1425-S County Park-General Use FieldMmin\bid documentsWlaster Contract Documents\00700-General Conditions REV 5-10- 13.doc 15.03 OWNER May Terminate For Convenience Application for Payment within 30 days after it is submitted, or CANNER has failed faF 30 days to pay A. Upon seven days written notice to CONCONTRAGTOR any sum finally detem;ined to be - TRACTOR and ENGINEER, OWNER may, without CONTRACTOR may, seven days after written notice cause and without prejudice to any other right or to OWNER and ENGINEER, stop the Work until remedy of OWNER, elect to terminate the Contract. payment is made of all such amounts due In such case, CONTRACTOR shall be paid (without CONTRACTOR, including interest thereon. The duplication of any items): provisions of this paragraph 15 04 are not intended to preclude CONTRACTOR from making a Claim under 1 for completed and acceptable Work paragraph 10.05 for an adjustment in Contract Price executed in accordance with the Contract or Contract Times or otherwise for expenses or Documents prior to the effective date of damage directly attributable to CONTRACTOR's termination, including fair and reasonable sums stopping the Work as permitted by this paragraph. for overhead and profit on such Work; 2. for expenses sustained prior to the ARTICLE 16- DISPUTE RESOLUTION effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract 16.01 Methods and Procedures Documents in connection with uncompleted Work, plus fair and reasonable sums for A. Dispute resolution methods and procedures, if overhead and profit on such expenses; any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set 3 for all claims, costs, losses, and forth, and subject to the provisions of paragraphs 9.09 damages (including but not limited to all fees and 10.05, OWNER and CONTRACTOR may and charges of engineers, architects, attorneys, exercise such rights or remedies as either may and other professionals and all court or otherwise have under the Contract Documents or by arbitration or other dispute resolution costs) in- Laws or Regulations in respect of any dispute. curred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and ARTICLE 17-MISCELLANEOUS 4. for reasonable expenses directly attributable to termination. 17.01 Giving Notice B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- A. Whenever any provision of the Contract nomic loss arising out of or resulting from such Documents requires the giving of written notice, it will termination. be deemed to have been validly given if delivered in person to the individual or to a member of the firm or 15.04 CONTRACTOR May Stop Work or to an officer of the corporation for whom it is intended, Terminate or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known A. If, through no act or fault of CONTRACTOR, to the giver of the notice the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other 17.02 Computation of Times public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is A. When any period of time is referred to in the submitted, Contract Documents by days, it will be computed to then exclude the first and include the last day of such CONTRACTOR may, upon seven days written notice period If the last day of any such period falls on a to OWNER and ENGINEER, and provided OWNER Saturday or Sunday or on a day made a legal holiday or ENGINEER do not remedy such suspension or by the law of the applicable jurisdiction, such day will failure within that time, terminate the Contract and be omitted from the computation. recover from OWNER payment on the same terms as provided in paragraph 15.03 In lieu of terminating the 17 03 Cumulative Remedies Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an 00700-General Conditions REV 510-13 00700-44 F(Public Works\ENGINEERING DIVISION PROJECTS\1425 S County Park-General Use FieldWdmin\bid documentsWaster Contract Documents\00700-General Conditions REV 510- 13.doc A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or comple- tion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700-General Conditions REV 510-13 00700-45 F-1Public WorksXENGINEERING DMSION PROJECTS\1425 S County Park-General Use FielOAdmiftid documentsVAaster Contract Documents\00700-General Conditions REV 510- 13.doc SECTION 00800 -SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC — 1.00 Defined Terms SC — 1.01 Terminology SC — 1.02 Before Starting Construction SC —2.05 Preconstruction Conference SC —2.06 Coordination of Plans, Specifications, and Special Provisions SC — 3.06 Subsurface and Physical Conditions SC —4.02 Performance, Payment and Other Bonds SC — 5.01 Certificates of Insurance SC — 5.03 CONTRACTOR'S Liability Insurance SC — 5.04 OWNER's Liability Insurance SC — 5.05 Property Insurance SC — 5.06 Waiver of Rights SC — 5.07 Receipt and Application of Insurance Proceeds SC —5.08 Acceptance of Bonds and Insurance; Option to Replace SC —5.09 Labor; Working Hours SC —6.02 Concerning Subcontractors, Suppliers and Others SC —6.06 Permits SC —6.08 Cost of the Work Sc — 11.01 Test and Inspections SC — 13.03 OWNER May Stop the Work SC — 13.05 Correction Period SC — 13.07 Progress Payments SC— 14.02 Substantial Completion SC — 14.04 00800-i 00800-Supplementary Conditions 05-13 rev IF-Tublic WorkskENGINEERING DMSION PROJECTS11425-S County Park-General Use FielMAdmWbid documentsVvlaster Contract Documents\00800-Supplementary Conditions 05-13 rev.doc Final Payment SC — 14.07 OWNER May Suspend Work SC — 15.01 OWNER May Terminate for Cause SC — 15.02 OWNER May Stop Work or Terminate SC — 15.04 Mediation SC —16.02 Liens SC — 17.06 +++ END OF THIS SUPPLEMENTARY CONDITIONS INDEX +++ 00800-ii 00800-Supplementary Conditions 05-13 rev iiF 1Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documents\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC-1.00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. SC-1.01 Defined Terms SC-1.01.A.20. Delete paragraph GC 1.01.A.20 in its entirety. SC-1.02 Terminology SC-1.02.D.1, 2, and 3 Delete paragraphs GC-1.02.D.1, 2, and 3 in their entirety and insert the following paragraphs in their place: D. Furnish, Install, Perform, Provide 1. The word "furnish" shall mean to supply and deliver services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install' shall mean to put into use or place in final position services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide" shall mean to furnish and install services, materials, or equipment complete and ready for intended use. SC-2.05 Before Starting Construction SC-2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its place: C. Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. SC-2.06 Preconstruction Conference SC-2.06 Delete paragraph GC-2.06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work, the Project Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2.05.13, procedures 00800-1 00800-Supplementary Conditions 05-13 rev 1 F,1Public WorksIENGINEERING DIVISION PROJECTS11425-S County Park-General Use FieldlAdmintbid documentsWlaster Contract Documents\00800-Supplementary Conditions 05-13 rev.doc for handling Shop Drawings and other submittals, and maintaining required records. Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. B. Per the FDOT Standard Specifications for Road and Bridge Construction, the Contractor will certify to the Engineer the following: 1. A listing of on-site clerical staff, supervisory personnel and their pro-rated time assigned to the contract, 2. Actual Rate for items listed in Table 4-3.2.1 (see below), 3. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, 4. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. FDOT Table 4-3 2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick&Vacation Benefits Actual Retirement Benefits Actual Rates based on the National Council on Compensation Insurance basic rates tables Workers Compensation adjusted by Contractor's actual experience modification factor in effect at the time of the additional work or unforeseen work Per Diem Actual but not to exceed State of Florida's rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage(such as, but not limited to, Umbrella Coverage,Automobile Insurance,etc.). SC-3.06 Coordination of Plans, Specifications, and Special Provisions SC-3.06 Add the following new paragraphs immediately after paragraph GC-3.05: SC-3.06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows: 1 Written Interpretations 2. Addenda 3. Specifications 4. Supplementary Conditions to the General Conditions 5. General Conditions 6. Approved Shop Drawings 7. Drawings 8. Referenced Standards. B. Written/computed dimensions shall govern over scaled dimensions. 00800-2 00800-Supplementary Conditions 05-13 rev 2F Tublic WorksIENGINEERING DIVISION PROJECTS\1425 S County Park-General Use Field\Admintbid documentsWlaster Contract Documentst00800-Supplementary Conditions 0513 rev.doc SC-4.02 Subsurface and Physical Conditions SC-4.02 Add the following new paragraphs immediately after paragraph GC-4.02.8: C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: N/A SC-5.01 Performance, Payment and Other Bonds SC-5.01.A. Delete paragraph GC-5.01.A in its entirety and insert the following paragraphs in its place: Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. 1. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. 2. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. 3. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. SC-5.03 Certificates of Insurance SC-5.03 Delete the second sentence of paragraph GC-5.03 in its entirety. SC-5.04 CONTRACTOR's Liability Insurance SC-5.04 Add the following new paragraphs immediately after paragraph GC-5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations 00800-3 00800-Supplementary Conditions 05-13 rev 317-1Public WorksXENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldVAdminibid documentslMaster Contract Documents100800-Supplementary Conditions 05-13 rev.doc C. Contractual Liability d. Independent Contractors e. Explosion f. Collapse g. Underground. 3. Business Auto Liability: Coverage shall provide minimum limits of liability of$1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Owned Autos b. Hired Autos C. Non-Owned Autos. 4. CONTRACTOR's °AII Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement"forms in the enact wording and format presented in these Contract Documents before starting work. 5. Special Requirements: a. Ten (10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval. b. "Indian River County Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk"All Risk" Insurance. C. The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. d. An appropriate "Indemnification" clause shall be made a provision of the Contract (see paragraph 6.20 of the General Conditions). e. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requirements, which are subject to modification in response to high hazard operation. g. Insured must be authorized to do business and have an agent for service of process in Florida and have Best's Rating of A-VII or better. D. Additional Insureds: 1. In addition to "Indian River County, Florida," the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies: a. NONE SC-5.05 OWNER's Liability Insurance SC-5.05 Delete paragraph GC-5.05.A in its entirety. 008004 / 00800-Supplementary conditions 05-13 rev 4F'1Public Works\ENGINEERING DIVISION PROJECTS11425-S County Park-General Use FieldWdminlbid documentsVAaster Contract Documents\00800-Supplementary Conditions 05-13 rev.doc r SC-5.06 Property Insurance SC-5.06 Delete paragraphs GC-5.06.A, B, and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5 allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. SC-5.06.E Delete paragraph GC-5.06.E in its entirety and insert the following in its place: E. Additional Insureds: 1. The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's property insurance policies: a. Indian River County, Florida 00800-5 00800-Supplementary Conditions 05-13 rev 5F1Public WorkstENGINEERING DIVISION PROJECTSN425-S County Park-General Use Field\Adminlbid documents\Master Contract Documents\00800-Supplementary Conditions OS-13 rev.doc SC-5.07 Waiver of Rights SC-5.07 Delete GC-5.07(paragraphs A, B, and C) in its entirety. SC-5.08 Receipt and Application of Insurance Proceeds SC-5.08 Delete GC-5.08(paragraphs A and B) in its entirety. SC-5.09 Acceptance of Bonds and Insurance; Option to Replace SC-5.09 Delete GC-5.09(paragraph A)in its entirety. SC-6.02 Labor; Working Hours SC-6.02 B. Add the following paragraphs immediately after paragraph GC-6.02.B: 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m 2. Indian River County Holidays are: New Year's Day, Martin Luther King, Jr. Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager. 3. The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of emergency upon specific permission of the ENGINEER. SC-6.06 Concerning Subcontractors, Suppliers, and Others SC-6.06.C. Add the following sentence at the end of paragraph GC-6.06.C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC-6.08 Permits SC-6.08 Add the following paragraphs immediately after paragraph GC-6.08.A: 1. The OWNER has obtained the following permits (copies of these permits are contained in Appendix "A"): 00800-6 00800-Supplementary Conditions 05-13 rev 6F1Public WorkskENGINEERING DNISION PROJECTS\1425-S County Park-General Use FieldWdmWbid documentsUAaster Contract Documents100800-Supplementary Conditions 05-13 rev.doc A. St. Johns River Water Management District -Permit No. 104191-5 B. Indian River County Administrative Approval No. AA-16-06-73/91090060- 76627 C. Indian River County Land Clearing Permit No. 91090060/76628 D. Indian River County Tree Removal Permit No. 91090060/76629 2. The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. 3. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC-11.01 Cost of the Work SC-11.01.A.1. Delete paragraph GC-11.01.A.1 in its entirety, and insert the following sentences in its place: 1. CONTRACTOR will receive payment for actual costs of direct labor and burden (see SC-2.06.13) for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro-rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. SC-13.03 Test and Inspections SC-13.03.6. Delete paragraph GC-13.03.8 in its entirety, and insert the following sentences in its place: B OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests, or approvals required by the Contract Documents except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. The CONTRACTOR shall arrange, obtain, and pay for the following inspections, tests, or approvals: 1. inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.6 shall be paid as provided in said paragraph 13.04.6; 3. tests otherwise specifically provided in the Contract Documents. 00800-7 00800-Supplementary Conditions 05-13 rev 71"Tublic WorkstENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWmintbid documentsVvlaster Contract Documentst0D8DD-Supplementary Conditions 05-13 rev.doc SC-13.05 OWNER May Stop the Work SC-13.05.A. Delete paragraph GC-13.05.A in its entirety and insert the following paragraph in its place: A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. SC-13.07 Correction Period SC-13.07 A. Delete the first sentence of paragraph GC-13.07.A in its entirety and insert the following sentence in its place A. If within one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. SC-13.07 B. Delete paragraph GC-13.07.8 in its entirety and insert the following sentence in its place B. In special circumstances where a particular item of equipment is placed in continu- ous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. SC-14.02 Progress Payments SC-14.02.B.5. Delete paragraph GC-14.02.B.5.d in its entirety and insert the following paragraph in its place: d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A; or 00800-8 00800-Supplementary Conditions 05-13 rev 8F'Wublic WorksIENGINEERING DIVISION PROJECTS11425 S County Park-General Use FieIMAdmintbid documentsUWaster Contract Documents\00800-Supplementary Conditions 0513 rev.doc SC-14.02.B.5. Add the following sentences at the end of paragraph GC-14.02.8.5: e. OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals. SC-14.02.C.1. Delete paragraph GC-14.02.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. F S. 218.70 et. seq. SC-14.04 Substantial Completion SC-14.04A. After the third sentence in paragraph GC-14.04A of the General Conditions, delete the remainder of paragraph 14.04A in its entirety and replace with the following: "If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion. In accordance with the provisions of Florida Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project." SC-14.046 Add the following new paragraph immediately after paragraph GC 14.048: C. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees 00800-9 00800-Supplementary Conditions 05-13 rev 9F tPublic WorksIENGINEERING DIVISION PROJECTSN425-S County Park-General Use FieldlAdminibid documentsWlaster Contract Documents\00800-Supplementary Conditions 05-13 rev.doc SC-14.07 Final Payment SC-14.07.C.1. Delete paragraph GC-14.07.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act" , Florida Statutes section 218.70, et. seq. SCA 5.01 OWNER May Suspend Work SC-15.01.A Delete the last sentence in paragraph GC-15.01.A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times, directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10.05. CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension. SC-15.02 OWNER May Terminate For Cause SC-15.02.A.5 and SC-15.02.A.6 Add the following new paragraphs immediately after paragraph GC-15.02.A.4: 5. CONTRACTOR's violation of Section 02225 —"Erosion Control and Treatment of Dewatering Water From the Construction Site." 6. CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers. SC-15.04 CONTRACTOR May Stop Work or Terminate SC-15.04 Delete the following text from the first sentence of paragraph GC-15.04.A: or OWNER fails fel:30 days to pay CONTRACTOR any sum finally deteRnined to be due, SC-15.04 Delete the following text from the second sentence of paragraph GC-15.04.A: OF OWNER has failed feF 30 days to pay CONTRACT-OR any sum finally deteffniRed to be dUe; SCA6 DISPUTE RESOLUTION SC-16.02 Mediation SC-16 Add the following new paragraph immediately after paragraph GC-16.01. SC-16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to 00800-10 00800-Supplementary Conditions 05-13 rev 101'Vublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Feld\Adminlbid documentsWaster Contract Documents\00600-Supplementary Conditions 05-13 rev.doc mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating mediation would irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. SC-17 Miscellaneous SC-17.06 Liens Add the following new paragraphs immediately after paragraph GC17.05: SC-17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name) pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub- subcontract hereunder." The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++END OF SUPPLEMENTARY CONDITIONS++ 00800-11 00800-Supplementary Conditions 05-13 rev 11 F1Public Works\ENGINEERING DIVISION PROJECTS17425 S County Park-General Use FieldlAdmin\bid documentsVNaster Contract Documents\00800-Supplementary Conditions 0513 rev.doc SECTION 00942 - Change Order Form No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: SOUTH COUNTY PARK GENERAL USE FIELD OWNER's Project No. 1425 OWNER'S Bid No. 2106048 You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time: (days or dates) Substantial Completion. Final Completion. Net Increase (Decrease) from $ Net change from previous Change previous Change Orders No. Orders No to (days) to Substantial Completion: Final Completion: Contract Price prior to this $ Contract Time prior to this Change Change Order: Order (days or dates) Substantial Completion Final Completion Net increase (decrease) of this $ Net increase(decrease) this Change Order: Change Order (days or dates) Substantial Completion Final Completion. Contract Price with all approved $ Contract Time with all approved Change Orders: Change Orders (days or dates) Substantial Completion Final Completion. ACCEPTED: RECOMMENDED: APPROVED. By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: Date: Date: 00942-Change Order Form REV 04-07 00942-1 F-Tublic WorksIENGINEERING DNISION PROJECTS\1425 S County Park-General Use FieldWdmintbid documentsWlaster Contract Documents\00942-Change Order Form REV 04-07.doc Rev.05101 SECTION 00946 - Field Order Form Field Change No.: DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: SOUTH COUNTY PARK GENERAL USE FIELD OWNER's Project No. 1425 OWNER'S Bid No. 2016048 Field Activity Description: Reason for Change: Recommended Disposition: Field Operations Officer/ Engineer(Signature) Date Disposition: Contractor's Onsite Supervisor(Signature) Date Distribution: Field Operations Officer Others as Required: On-site Supervisor Project File ** END OF SECTION 00946-Field Order Form REV 04-07 FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents100946-Field Order Form REV 04-07 doc SECTION 00948 -Work Change Directive No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR: Project: SOUTH COUNTY PARK GENERAL USE FIELD OWNER's Project No. 1425 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 II Unit Prices II Contractors Records II Lump Sum [1 Engineer's Records Q Other: II Other: II By Change Order: II By Change Order- Estimated rderEstimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times. Change Directive $ Substantial Completion days; Ready for Final Completion days. If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: RECOMMENDED: APPROVED: By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: Date: Date: * * END OF SECTION F•\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsvvlaster 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 WorksENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documentsUNaster Contract Documents\DIVISION 1 GENERAL REQUIREMENTS.doc SECTION 01009 SPECIAL PROVISIONS 1.1 GENERAL A. Visits to the construction site may be made by representatives of permitting or governing bodies. Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction. B. Furnish sufficient labor, construction equipment and materials, and work such hours, including night shifts and overtime operations, as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule. If, in the opinion of the ENGINEER, the CONTRACTOR falls behind the progress schedule, take such steps as may be necessary to improve progress, all without additional cost to the OWNER. The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions, SC-6.02. C. All salvageable material and equipment for which specific use, relocation or other disposal is not specifically noted, shall remain the property of the OWNER and shall be delivered to the OWNER at the following location: 4550 41St Street, at the CONTRACTOR's expense. All material and equipment not in salvageable condition, as determined by the ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CONTRACTOR's expense. D. In addition to these Specifications all work must comply with the requirements of the local governing agency, St. Johns River Water Management District, Department of Environmental Protection, Army Corps of Engineers, Indian River Farms Water Control District, and all other applicable State or Federal agencies' specifications and permits. In the event of a conflict, the more stringent specification or requirement shall govern. E. Before performing any work outside the designated.limits of the work site, secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained. Follow all requirements of any said permits or authorization. Give the ENGINEER and appropriate owner ten (10) days minimum notice before commencing construction operations outside the designated limits of the work site. 01009-1 01009-Special Provisions F-Tublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\01009-Special Provisions.doc SECTION 01024 FORCE ACCOUNT 1.1 General CONTRACTOR shall furnish all labor, materials, equipment and incidentals necessary to perform additional work not covered on the Contract Drawings. The force Account is intended as a contingency for unforeseen work. 1_1 PAYMENT A. Lump sum amount for force account work is included in the bid schedule. The value of force account work will be determined in accordance with Article 12 of the General Conditions. + + END OF SECTION + + 01024- 1 F•\Public Works\ENGWEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documents\Master Contract Documents\01024-Force Account.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1.1 GENERAL A. The CONTRACTOR will furnish all construction staking for the project. All staking from control will be under the supervision of a Florida Registered Land Surveyor. B. Develop and make all detail surveys and measurements needed for construction including but not limited to, slope stakes, batter boards, piling layouts and all other working lines, elevations and cut sheets. C. Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work. D. Provide all material required for benchmarks, control points, batter boards, grade stakes, and other items. E. Be solely responsible for all locations, dimensions and levels. No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings. F. Safeguard all points, stakes, grademarks, monuments and benchmarks made or established on the Work, and reestablish same, if disturbed. Rectify all Work improperly installed because of not maintaining, not protecting or removing without authorization such established points, stakes, marks and monuments. G. When requested by the ENGINEER, provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR. Do no excavation or embankment work until all cross-sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER. H. The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. 1.2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A. Prior to commencing work, the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents. Immediately notify the ENGINEER upon discovery of any errors, inaccuracies or omissions in the survey data. The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or existing site information is correct and accurate, without any reasonably inferable errors, inaccuracies or omissions. 1050-1 01050 Field Engineering F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Hdmin\bid documents\Master Contract Documents\01050-Field Engineering.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT B. The CONTRACTOR shall carefully preserve all control stakes, benchmarks, reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance. If the loss or disturbance of the stakes or marks cause a delay in the Work, the CONTRACTOR shall have no claim for damages or extension of time. Control stakes, benchmarks, reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land Sur- veyor and Mapper, at the CONTRACTOR's expense. In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work, the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract. C. All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D. All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. 1_3 STATION BOARDS A. CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet. 1.4 LAYOUT OF STRIPING Establish by instrument, and mark the finished surface, the points necessary for striping finished roadway in conformance with Section 5-7 of FDOT Standard Specifications. + + END OF SECTION + + 1050-2 01050 Field Engineering F-\Public Works\ENGINEERING DNISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\01050-Field Engineering.doc SECTION 01091 REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization or body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the date of advertisement for bids, unless noted otherwise in the Technical Specifications or on the Drawings. When a reference standard is specified, comply with requirements and recommendations stated in that standard, except when they are modified by the Contract Documents, or when applicable laws, ordinances, rules, regulations or codes establish stricter standards. The list of specifications presented in Paragraph B is hereby made a part of the Contract, the same as if repeated herein in full. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED.SPEC. Federal Specifications 01091-1 01091 Reference Standards F-\Public Works\ENGINEERING DNISION PROJECTS\1425-S County Park-General Use Field\Admin\bld documents\Master Contract Documents\01091-Reference Standards.doc SECTION 01091 REFERENCE STANDARDS CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/DOT Florida Department of Transportation U. L., Inc. Underwriter's Laboratories, Inc. SSPC Steel Structures Painting Council SJRWMD St. Johns River Water Management District C. When no reference is made to a code, standard or specification, the standard specifications of ASTM, FDOT, or ANSI shall govern. D. In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards, or any other regulatory specification or standard, the more stringent requirement prevails. + + END OF SECTION + + 01091-2 01091 Reference Standards F\Public WorksIENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\01091-Reference Standards.doc SECTION 01215 GENERAL QUALITY CONTROL 1.1 DESCRIPTION OF REQUIREMENTS A. Definitions: Specific quality control requirements for the work are indicated throughout the Contract Documents. The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products. The term "Quality Control" includes, but is not necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance. 1.2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A. Residual OWNER Responsibility: The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests. B. CONTRACTORS General Responsibility: No failure of test agencies, whether engaged by the OWNER or CONTRACTOR, to perform adequate inspections of tests or to properly analyze or report results, shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents. It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR, OWNER, ENGINEER, and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work. The program is not intended to limit the CONTRACTOR in his regular quality control program, as needed for general assurance of compliance. 1.3 QUALITY ASSURANCE A. General Workmanship Standards: It is a requirement that each category of tradesman or installer performing the work be pre-qualified, to the extent of being familiar with the applicable and recognized quality standards for his category of work, and being capable of workmanship complying with those standards. 1.4 PRODUCT DELIVERY-STORAGE-HANDLING Handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and losses (and resulting delays), thereby ensuring highest quality results as the performance of the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at the project site prior to installation. 01215-1 01215 General Quality Control F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\01215 General Quality.doc SECTION 01215 GENERAL QUALITY CONTROL 1.5 PROJECT PHOTOGRAPHS/VIDEOS A. The CONTRACTOR shall make provisions, at his expense, for photographs and video tapes of all work areas just prior to construction, and for unusual conditions during construction. The photographs and videos shall show pertinent physical features along the line of construction. The purpose of the videos is to determine any damage to private or public property during construction. The video must be performed by a professional videographer. B. Pre-Construction Photographs and Video: 1. Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction. These photographs and videos shall be a standard DVD format and shall be narrated. 2. The photographs and video shall include, but not be limited to, the following items shown in a clear manner: 1) All existing features within the right-of-way. 2) All existing features within the temporary construction easement. 3) All existing features within permanent easements. 4) All existing features adjacent to any construction. 3. Detail of the photographs and video shall be such that the following examples shall be clear and visible: 1) Cracks in walls. 2) Condition of fencing. 3) Condition of planted areas and types of vegetation. 4) Condition of sodded areas. 5) Conditions of sprinkler systems and associated controls and wiring. 6) Condition of signs. 7) Conditions of lighting and associated wiring. 8) Significant detail of any pre-existing damages physical features shall be shown. The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers. 9) These photographs and video record shall be presented and approved by the Owner prior to the Notice to Proceed. A copy shall be kept in the Contractor's field office. 10)Payment— No additional payment will be made for this work. + + END OF SECTION + + 01215-2 01215 General Quality Control F•\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General-Use Field\Admin\bid documents\Master Contract Documents\01215 General Quality.doc SECTION 01220 PROGRESS MEETINGS 1.1 SCOPE A. Date and Time: 1. Regular Meetings: As mutually agreed upon by ENGINEER and CONTRACTOR. 2. Other Meetings: On call. B. Place: CONTRACTOR'S office at Project site or other mutually agreed-upon location. C. ENGINEER shall prepare agenda, preside at meetings, and prepare and distribute a transcript of proceedings to all parties. D. CONTRACTOR shall provide data required and be prepared to discuss all items on agenda. 1.2 MINIMUM ATTENDANCE A. CONTRACTOR B. SUBCONTRACTOR: When needed for the discussion of a particular agenda item, CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting. C. CONSTRUCTION COORDINATION MANAGER D. OWNER'S representative, if required. E. Utility Representatives F. Others as appropriate. G. Representatives present for each party shall be authorized to act on their behalf. 1.3 AGENDA Agenda will include, but will not necessarily be limited to, the following: 1. Transcript of previous meeting. 2. Progress since last meeting. 3. Planned progress for next period. 4. Problems, conflicts and observations. 5. Change Orders. 6. Status of Shop Drawings. 7. Quality standards and control. 8. Schedules, including off-site fabrication and delivery schedules. Corrective measures, if required. 9. Coordination between parties. 10. Safety concerns. 11. Other business. + + END OF SECTION + + 01220-1 01220 Progress Meetings F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\01220- Progress Meetings.doc SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL REQUIREMENTS A. No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand. B. Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports. This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules. 1.2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised (updated) progress schedules on a monthly basis the CONTRACTOR shall: A. Indicate the progress of each activity to the date of submission. B. Show changes occurring since the previous submission listing: 1. Major changes in scope. 2. Activities modified since the previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement, submit the initial schedules to the ENGINEER. The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt. If required by the ENGINEER, resubmit revised schedules on or before the seventh day after receipt of the review copy. If required by the ENGINEER, submit revised monthly progress schedules with that month's application for payment. 01310-1 01310 Construction Schedule F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\01310-Construction Schedule.doc SECTION 01310 CONSTRUCTION SCHEDULES 1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and all reviewed revisions (updated) to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 4. OWNER (two copies). 5. ENGINEER B. In the cover letter, instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedules. + + END OF SECTION + + 01310-2 01310 Construction Schedule F:1Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\01310-Construction Schedule.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS 1.1 SCOPE A. Submit shop drawings, product data and samples as required by or inferred by the Drawings and Specifications. Submittals shall conform to the requirements of Article 6.17 of the General Conditions, Section 00700, and as described in this Section. 1.2 SHOP DRAWINGS A. Shop drawings are original drawings, prepared by the CONTRACTOR, a subcontractor, supplier, or distributor, which illustrate some portion of the work; showing fabrication, layout, setting, or erection details. Shop drawings are further defined in Article 6.17, Section 00700. B. Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings. 1.3 PRODUCT DATA A. Product data are manufacturer's standard schematic drawings and manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data. Product data are further defined in Article 6.17, Section 00700. B. Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project. C. Clearly mark catalog sheets, brochures, etc., to identify pertinent materials, products, or models. 1.4 SAMPLES Samples are physical examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. Samples are further defined in Article 6.17, Section 00700. 1.5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. The CONTRACTOR's responsibilities for submittal of shop drawings, product data, and samples are set forth in paragraph 6.17 of the General Conditions and as further explained herein. 01340-Submittal of Shop Drawings 01340-1 F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWaster Contract Documents\01340-Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS B. Prior to submission, thoroughly check shop drawings, product data, and samples for completeness and for compliance with the Contract Documents, verify all dimensions and field conditions, and coordinate the shop drawings with the requirements for other related work. Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the CONTRACTOR's responsibility. 1. It is CONTRACTOR'S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents. 2. Incomplete or inadequate submittals will be returned for revision without review. C. The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER's review of submittals. The CONTRACTOR shall approve the shop drawings based on his in-the-field measurements, prior to submittal to the ENGINEER for his review. D. Notify the ENGINEER, in writing at the time of submission, of deviations in submittals from the requirements of the Contract Documents. The CONTRACTOR's responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER's review of submittals, unless the ENGINEER gives written acceptance of specific deviations. E. Begin no work, which requires submittals until return of submittals with the ENGINEER's stamp and initials or signature indicating the submittal has been reviewed. 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 01340-Submittal of Shop Drawings 01340-2 F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documents\MasterContract Documents\01340-Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS B. A letter of transmittal shall accompany each submittal. If data for more than one Section of the Specifications is submitted, a separate transmittal letter shall accompany the data submitted for each Section. C. At the beginning of each letter of transmittal, provide a reference heading indicating the following: 1. OWNER'S Name 2. Project Name 3. Project Number 4. Transmittal Number 5. Section Number D. All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER. The following is a sample Submittal Form that the CONTRACTOR may use: [The remainder of this page has been left blank intentionally] 01340-Submittal of Shop Drawings 01340-3 F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documents\Master Contract Documents\01340-Submittal of Shop Drawings.doc SECTION 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: SOUTH COUNTY PARK GENERAL USE FIELD Project No.: 1425 ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description: Sub-Contractor: Remarks: Reviewing Agency: (As checked below) Date Received Date Returned No. Copies Ret'd ❑ I R C Engineering Div. ❑ I R C Utilities Services Remarks: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 1801 27th Street No. Copies Ret'd Vero Beach, FI. 32960 Remarks: Distribution of Copies: IRC Engineering Division Office File Field Office File 01340-Submittal of Shop Drawings 01340-4 F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Hdmin\bid documents\Master Contract Documents\01340-Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS E. All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR. F. Assign a number to each submittal starting with No. 1 and thence numbered consecutively. Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal, the suffix "B" for the second resubmittal, etc. G. Initially submit to ENGINEER a minimum of six (6) copies of all submittals that are on 11-inch by 17-inch or smaller sheets (no less than 8 1/2-inch x 11-inch), and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11-inch by 17-inch. H. After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations: 1. Approved 2. Approved as Corrected 3. Approved as Corrected - Resubmit 4. Revise and Resubmit 5. Not Approved I. If a submittal is acceptable, it will be marked "Approved" or "Approved as Corrected". Three (3) prints or copies of the submittal will be returned to CONTRACTOR. J. Upon return of a submittal marked "Approved" or "Approved as Corrected", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corrections indicated. K. If a Shop Drawing marked "Approved as Corrected" has extensive corrections or corrections affecting other drawings or Work, ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes. Such drawings will have the notation, "Approved as Corrected - Resubmit." L. If a submittal is unacceptable, three (3) copies will be returned to CONTRACTOR with one of the following notations: 1. "Revise and Resubmit" 2. "Not Approved" 01340-Submittal of Shop Drawings 01340-5 P\Public Warks\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FielMdmin\bid documents\Nlaster Contract Documents\01340-Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS M. Upon return of a submittal marked "Revise and Resubmit", make the corrections indicated and repeat the initial approval procedure. The "Not Approved" notation is used to indicate material or equipment that is not acceptable. Upon return of a submittal so marked, repeat the initial approval procedure utilizing acceptable material or equipment. N. Any related Work performed or equipment installed without an "Approved" or "Approved as Corrected" Shop Drawing will be at the sole responsibility of the CONTRACTOR. O. Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved. CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings. Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. P. ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this, for the Shop Drawings being revised and resubmitted, and for time required to return the approved Shop Drawings to CONTRACTOR. Q. Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals. All costs to ENGINEER involved with subsequent submittals of Shop Drawings, Samples or other items requiring approval, will be back-charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions. If the CONTRACTOR requests a substitution for a previously approved item, all of ENGINEER'S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + 01340-Submittal of Shop Drawings 01340-6 F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documentsVutaster Contract Documents\01340-Submittal of Shop Drawings.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.1 SCOPE A. Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications. 1.2 RESPONSIBILITY A. All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site. B. All false work, scaffolding, ladders, hoistways, braces, pumps, roadways, sheeting, forms, barricades, drains, flumes, and the like, any of which may be needed in construction of any part of the work and which are not herein described or specified in detail, must be furnished, maintained and removed by the CONTRACTOR, who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction, maintenance or operation. C. In accepting the Contract, the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists, cranes, temporary structures or work and for any damage which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision. 1.3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1. Provide a temporary water service as required for all construction purposes and pay for all water used. 2. Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job. 3. Provide all temporary piping, hoses, etc., required to transport water to the point of usage by all trades. 4. When temporary water service is no longer required, remove all temporary water lines. 01520-1 F•\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\01520-Construction Facilities.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet these requirements. Upon completion of work, remove the facilities from the premises. 1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contract, but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public, workmen, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract. In dry weather, spray dusty areas daily with water in order to control dust. Take necessary steps to prevent the tracking of mud onto adjacent streets and highways. 1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities, services, and controls and legally dispose of them as soon as the work is complete. The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER. + + END OF SECTION + + 01520-2 F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\01520-Construction Facilities.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by construction operations, so that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately-owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS Where work is performed on or adjacent to any roadway, right-of-way, or public place, provide barricades, fences, lights, warning signs, danger signals, and watchmen, and take other precautionary measures for the protection of persons or property and of the Work. Paint barricades so they are visible at night. From sunset to sunrise, furnish and maintain at least one light at each barricade. Erect sufficient barricades to keep vehicles from being driven on or into Work under construction. Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR's responsibility for the maintenance of barricades, signs, lights, and for providing watchmen shall continue until OWNER accepts the Project. 01541-1 F\Public Works\ENGINEERING DIVISION PROJECTS\1425- S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.3 TREE AND PLANT PROTECTION A. Protect existing trees, shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting, breaking or skinning of trunk, branches, bark or roots. B. Do not store or park materials or equipment within the drip line. C. Install temporary fences or barricades to protect trees and plants in areas subject to traffic. D. Fires shall not be permitted under or adjacent to trees and plants. E. Within the limits of the Work, water trees and plants that are to remain, in order to maintain their health during construction operations. F. Cover all exposed roots with burlap and keep it continuously wet. Cover all exposed roots with earth as soon as possible. Protect root systems from mechanical damage and damage by erosion, flooding, run-off or noxious materials in solution. G. If branches or trunks are damaged, prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use. H. Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality. I. Coordinate Work in this Section with requirements of other sections herein. 1.4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements, which could be damaged by construction activities. The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2) days. The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way. 1.5 PROTECTION OF EXISTING STRUCTURES A. Underground Structures: 01541-2 F\Public Works\ENG I NEER ING DIVISION PROJECTS\1425- S County Park-General Use Field\Admin\bid documentswaster Contract DocumentsM541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1. Underground structures are defined to include, but not be limited to, all sewer, water, gas, and other piping, and manholes, chambers, electrical conduits, tunnels and other existing subsurface work located within or adja- cent to the limits of the Work. 2. All underground structures known to ENGINEER except service connections for water, sewer, electric, and telephone are shown. This information is shown for the assistance of CONTRACTOR in accordance with the best information available, but is not guaranteed to be correct or complete. The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3. Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24-hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 01541-3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1425- S County Park-General Use FieldMmin\bid documents\Nlaster Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 6. Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of the services which such structures provide. If CONTRACTOR damages an underground structure, restore it to original condition at CONTRACTOR's expense. 7. Necessary changes in the location of the Work may be made by ENGINEER, to avoid unanticipated underground structures. 8. If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents, ENGINEER will direct CONTRACTOR in writing to perform the Work, which shall be paid for under the provisions of Article 11 of the General Conditions. B. Surface Structures: 1. Surface structures are defined as structures or facilities above the ground surface. Included with such structures are their foundations and any extension below the surface. Surface structures include, but are not limited to, buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and all other facil- ities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same. 2. Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure. CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure. D. All other existing surface facilities, including but not limited to, guard rails, posts, guard cables, signs, poles, markers, and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR'S expense. 01541-4 F\Public Works\ENGINEERING DIVISION PROJECTS\1425- S County Park-General Use Field\Hdmin\bid documentsWlaster Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A. The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. B. Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this CONTRACTOR's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. 1.7 ADJUSTMENTS OF UTILITY CASTINGS, COVERS AND BOXES A. All existing utility castings, including valve boxes, junction boxes, manholes, pull boxes, inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work. B. The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing. CONTRACTOR shall make available survey reference markers to the various utility companies. + + END OF SECTION + + 01541-5 F\Public Works\ENGINEERING DIVISION PROJECTS\1425- S County Park-General Use Field\Admin\bid documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS 1.1 GENERAL A. Provide all temporary construction roads, walks and parking areas required during construction and for use of emergency vehicles. Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions. B. Prevent interference with traffic and the OWNER's operations on existing roads. Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR's operations over these roads. C. Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER. D. Remove temporary roads, walks and parking areas prior to final acceptance and return the ground to its original condition, unless otherwise required by the Contract Documents. 1.2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. 1.3 USE OF PUBLIC STREETS FOR HAUL ROADS A. Prior to construction, the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project. Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations, prior to final payment. B. All trucks carrying earth shall be covered while moving with an appropriate tarpaulin. Should trucks hauling earth fail to cover their loads, the CONTRACTOR will be given two (2) written warnings, after which the CONTRACTOR shall pay a fine of $50 per uncovered truck to the Owner when invoked by the Owner to Owner's Engineer. All cleanup shall be the responsibility of the CONTRACTOR. C. All trucks/moving equipment shall have backup warning horns in proper working order while on the job site. + + END OF SECTION + + 01550 Access Roads 01550-1 F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\01550- Access Roads.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1.1 GENERAL A. Make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the Work. B. Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours. Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not be delivered to OWNER except where otherwise directed. C. If necessary to move stored materials and equipment during construction, CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation. 1.2 DELIVERY A. Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation. B. Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following: 1. Work of other contractors, or OWNER. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. OWNER'S use of premises. C. Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER. D. Do not have products delivered to site until required storage facilities have been provided. E. Have products delivered to site in manufacturer's original, unopened, labeled containers. Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work. F. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts, and to facilitate assembly. 01610-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid docu ments\M aster Contract Documents\01610-Transportation and Handling of Materials and Equipment.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT G. Immediately on delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quantities are correct. 3. Containers and packages are intact, labels are legible. 4. Products are properly protected and undamaged. 1.3 PRODUCT HANDLING A. Provide equipment and personnel necessary to handle products, including those provided by OWNER, by methods to prevent soiling or damage to products or packaging. B. Provide additional protection during handling as necessary to prevent scraping, marring or otherwise damaging products or surrounding surfaces. C. Handle products by methods to prevent bending or overstressing. D. Lift heavy components only at designated lifting points. E. Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them. Do not drop, roll or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. + + END OF SECTION + + 01610-2 F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\MasterContract Documents\01610-Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1.1 GENERAL A. Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications. B. Make all arrangements and provisions necessary for the storage of materials and equipment. Place all excavated materials, construction equipment, and materials and equipment to be incorporated into the Work, so as not to injure any part of the Work or existing facilities, and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. C. Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER. D. Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work, including proper protection against damage by extreme temperatures and moisture. E. Do not use lawns, grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. G. Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified. H. When appropriate store materials on wood blocking so there is no contact with the ground. + + END OF SECTION + + 01611-1 01611—Storage of Material F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\MasterContract Documents\01611 -Storage of Materials.doc SECTION 01630 SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and Or-Equals," of the General Conditions, and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents. 1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select product meeting that standard by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. B. For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equivalent," submit a request for a substitution for any product or manufacturer which is not specifically named. D. For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted, there is no option and no substitution will be allowed. E. Where more than one choice is available as a CONTRACTOR's option, select product which is compatible with other products already selected or specified. 1.3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time, ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers, and construction methods (if specified). 1. After end of specified period, requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR. B. Submit 5 copies of Request for Substitution. Submit a separate request for each substitution. In addition to requirements set forth in Article 6.05 of General Conditions, include in the request the following: 1. For products or manufacturers: a. Product identification, including manufacturer's name and address: b. Manufacturer's literature with product description, performance and test data, and reference standards. 01630-1 01630 Substitutions F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documentsWaster Contract Documents\01630-Substitutions.doc SECTION 01630 SUBSTITUTIONS c. Samples, if appropriate. d. Name and address of similar projects on which product was used, and date of installation. 2. For construction methods (if specified): a. Detailed description of proposed method. b. Drawings illustrating method. 3. Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product, manufacturer or method specified. C. In making Request for Substitution, CONTRACTOR represents that: 1. CONTRACTOR has investigated proposed substitution, and deter- mined that it is equal to or superior in all respects to the product, manufacturer or method specified. 2. CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product, manufacturer, or method specified. 3. CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent. D. A proposed substitution will not be accepted if: 1. Acceptance will require changes in the design concept or a substantial revision of the Contract Documents. 2. It will delay completion of the Work, or the work of other contractors. 3. It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR. E. If the ENGINEER determines that a proposed substitute is not equal to that specified, furnish the product, manufacturer, or method specified at no additional cost to OWNER. F. Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents. G. The procedure for review by Engineer will include the following: 1. Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR. 2. Upon receipt of an application for review of a substitution, Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item. 3. If the substitution will not require a more extensive review, Engineer will proceed with the review without additional cost to CONTRACTOR. 01630-2 01630 Substitutions F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin%id documentsWlasterContract Documents\01630-Substitutions.doc SECTION 01630 SUBSTITUTIONS 4. If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5. Engineer may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR's expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. I. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install, or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. Owner may require CONTRACTOR to furnish at CONTRACTOR's expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is sued, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. J. Substitute materials or equipment may be proposed for acceptance in accordance with this Section. In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. + + END OF SECTION + + 01630-3 01630 Substitutions F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlasterContract Documents\01630-Substitutions.doc SECTION 01710 SITE CLEANUP AND RESTORATION 1.1 SCOPE Furnish all labor, equipment, appliances, and materials required or necessary to clean up and restore the site after the construction is completed. 1.2 REQUIREMENTS A. During the progress of the project, keep the work and the adjacent areas affected thereby in a neat and orderly condition. Remove all rubbish, surplus materials, and unused construction equipment. Repair all damage so that the public and property owners will be inconvenienced as little as possible. B. Provide onsite containers for the collection of waste materials, debris, and rubbish and empty such containers in a legal manner when they become full. C. Where material or debris has been deposited in watercourses, ditches, gutters, drains, or catch-basins as a result of the CONTRACTOR's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the ditches, channels, drains, etc., shall be kept clean and open at all times. D. Before the completion of the project, unless otherwise especially directed or permitted in writing: 1. Tear down and remove all temporary buildings and structures; 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbish from any grounds occupied; and 4. Leave the roads, all parts of the premises, and adjacent property affected by construction operations, in a neat and satisfactory condition. E. Restore or replace any public or private property damaged by construction work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of the operations. To this end, the CONTRACTOR shall restore all highway, roadside, and landscaping work within any right-of-way, platted or prescriptive. Acceptable materials, equipment, and methods shall be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new- appearing condition. 01710 Site Cleanup 01710-1 P\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\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 disturbed, destroyed, or damaged during construction. Particular attention will be placed on restoration of canals to equal or better condition than prior to construction. H. When finished surfaces require cleaning with cleaning materials, use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. I. Keep the amount of dust produced during construction activities to a minimum. At CONTRACTOR's expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, ENGINEER, and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. + + END OF SECTION + + 01710 Site Cleanup 01710-2 F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\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 said parties to inform them of the date and time of the inspection. B. Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13, General Conditions. C. After the inspection, the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds. 001820-Post Final Inspection rev 05-13 001820-1 F:lPublic WorksXENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FiekMdmintbid documentsWlasler Contract Documents1001820-Post Final Inspection rev 05-13.doc DIVISION 2 TECHNICAL PROVISIONS SECTION NO. 00001 Technical Specifications SECTION NO. 00004 Scope of Work SECTION NO. 00101 Mobilization SECTION NO. 00102 Maintenance of Traffic SECTION NO. 00104 Prevention, Control, and Abatement of Erosion and Water Pollution SECTION NO. 00110 Clearing and Grubbing SECTION NO. 00120 Excavation and Embankment SECTION NO. 00285 Optional Base Course SECTION NO. 00425 Inlets, Manholes, and Junction Boxes SECTION NO. 00430 Pipe Culverts SECTION NO. 00522 Concrete Sidewalk and Driveways SECTION NO. 00570 Performance Turf SECTION NO. 00700 Highway Signing SECTION NO. 00711 Thermoplastic Traffic Stripes and Markings F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldV\dmin\bid documents\Nlaster Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08.doc SECTION 1- Technical Specifications STANDARD SPECIFICATIONS A. All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2016, and Supplemental Specification, Special Provisions and addenda thereto, except as modified and supplemented hereinafter. Reference to Article numbers herein-after apply to the FDOT Standard Specifications, and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative. Wherever the Specifications, Supplementals, etc. may refer to the "Owner", "Department", "State of Florida Department of Transportation", or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida. Wherever the word "Owner's Engineer", "District Engineer ', "Engineer", "Project Engineer", etc., appears, it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department, Engineering Division acting directly or through duly authorized representatives. Wherever the word "Resident Engineer" appears, it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work. The work to be performed per line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings, Signing & Geometrics Revised March 2012. SECTION 4- SCOPE OF WORK Section 4-3.9 Value Engineering Incentive is deleted in its entirety. SECTION 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. (2016 Edition) PART 1 - GENERAL 1.01 The work specified in this section shall include: A. Record/As-Built Drawings shall be done and conform to Section 108 of the Technical Specifications and included in Mobilization. B. Field engineering and layout shall be in conformance to Section 01050, Field Engineering and Layout of Division 1, General Requirements. C. Public Construction Bond shall be done and conform to Section 00610— Public Construction Bond D. Trench Safety Compliance (Over 5') shall be done and comply to Section 00454 — Sworn Statement under the Florida Trench Safety Act 01025-1 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentswaster Contract Documents\Technical Specifications.doc E. Trench Safety Compliance(Shoring)shall be done and comply to Section 00454 — Sworn Statement under the Florida Trench Safety Act GENERAL Maintain, prepare and provide the ENGINEER with record documents as specified below, except where otherwise specified or modified within the scope of work provided in the specific project contract documents. The Contractor and/or Developer shall be responsible for, and required to provide, Record Drawings as outlined in this section. MAINTENANCE OF RECORD DOCUMENTS: 1. Maintain in CONTRACTOR's field office in clean, dry, legible condition complete sets of the following project documents: Drawings, Specifications, Addenda, approved Shop Drawings, samples, photographs, Change Orders, other modifications of Contract Documents, test records, survey data, Field Orders, and all other documents pertinent to CONTRACTOR'S Work. 2. Provide files and racks for proper storage and easy access. 3. Make documents available at all times for inspection by ENGINEER and OWNER. 4. Do not use record documents for any other purpose and do not remove them from the field office. 5. Label each document "RECORD DRAWING" in 2-inch high printed letters. 6. Keep record documents current at all times. 7. No work shall be permanently concealed until the required record data has been obtained. RECORD /AS-BUILT DRAWINGS A. During the construction operation, the CONTRACTOR shall maintain records of all deviations from the approved Project Plans and Specifications and shall prepare therefrom "RECORD" drawings showing correctly and accurately all changes and deviations from the work made during construction to reflect the work as it was actually constructed. B. The Record/As-Built survey shall be performed and subsequent plans prepared by a Professional Surveyor and Mapper, registered in the state of Florida and certified to the standards set forth in Chapter 472, Florida Statutes and Chapter 5J-17.050 Florida Administrative Code (Florida Minimum Technical Standards). C. Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. Clearly shown by symbols, notations, or delineations, those constructed improvements located by the survey. 01025-2 Technical Specifications F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\Technical Specifications.doc D. All vertical information (elevations) provided on the Record Drawings shall be referenced to the North American Vertical Datum of 1988 (NAVD 88) unless otherwise specified by the Project Engineer. E. The horizontal information provided on the Record Drawings shall be referenced to the State of Florida, State Plane Coordinate System, Florida East Zone as established by Global Positioning System (GPS) which meets or exceeds Third Order Class I Accuracy Standards according to current publication of the Federal Geodetic Control Committee (FGCC) procedures. F. All Record/As-Built drawings shall be prepared in digital format (ACAD Civil 3D 2013) and shall utilize the digital design drawings as prepared by the Project Engineer as a base for the Record/As-Built drawings. It is the responsibility of the Surveyor to request these files from the Contractor or Project Owner in order to produce the Record/As-Built drawing set. G. ALL improvements proposed to be constructed as shown on the approved construction plans shall be field measured upon completion and shown on the Record/As-Built survey. Any improvements that appear in both plan and profile views shall show the Record/As-Built information in both views. H. The following items are required to be shown on all Indian River County project Record/As-Built drawings submitted to the County: DRAINAGE: 1. Right-of-way Swale/Drainage — All culvert inverts, elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 2. Pipe Culvert/PVC Sleeves —All inverts, pipe size, stations and offsets. 3. Outfalls — All pipe inverts, pipe size, elevations and station offsets, weir box elevations, weir elevation, bleeder elevation and sizes. 4. Roadway/Off Site Drainage — All inverts, elevations and station offsets; manhole top elevation; grate top elevations. 5. Retention Ponds — Provide perimeter elevations, grade breaks, depths and calculated pond areas at control elevation and grade breaks above and below water surface. Show as-built of typical cross section as shown on design plan. ROADWAY: 1. Stations and offsets related to controlling baseline and elevations of all structures, side street and major driveway radius returns (edge of pavement), bends and/or change in direction of roadway alignment, minimum of 1000' intervals along roadway alignment. 2. Elevations along Profile Grade Line (PGL), of all edge of pavements on each side of Profile Grade Line (PGL), at medians at the high/low and PVI points along Profile Grade Line (PGL). 01025-3 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\Technical Specifications.doc 3. All final Elevations to be plotted on PGL AND Plan & Profile sheets as applicable. 4. Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets. WATER, FORCE, AND RECLAIMED WATER MAINS: 1. Show size and type of material used to construct mains. 2. Show horizontal location and elevation of all tees, crosses, bends, terminal ends, valves, fire hydrants, air release valves, and sampling points, etc., by distances from known reference points. 3. Show location, size and type of material of all sleeves and casing pipes. 4. Elevation and horizontal location of all storm sewers, gravity sewers including laterals, force mains, water mains, etc. which are crossed; including clearance dimension at all conflicts or crossings. 5. Top of pipe elevation and horizontal location of all water and force main stub- outs. 6. Horizontal location of all services at the property lines. 7. Horizontal and vertical location of pipe including size of all mains and ground elevation shall be obtained at one-hundred (100) foot intervals. Contractor shall place temporary PVC stand pipes (tell-tales) at each of the one- hundred (100) foot intervals and at all fittings and conflicts/crossings to facilitate the record drawing survey. The tell-tale pipes shall be constructed of 2-inch PVC pipe, shall be placed on the top of the pipes to be surveyed, and shall be removed by the Contractor after completion of the field survey by the "As-Built" Professional Surveyor. 8. Location of fire lines. 9. Dedicated easement locations, identified by O.R. Book and Page Number. GRAVITY SEWER: 1. Manholes: Elevation of top rim, bottom elevation and invert of each influent and effluent line. 2. Show distance between manholes center-to-center and horizontal location by baseline station and offset. 3. Show material size and type used to construct sewer mains. 4. Show length (center of manhole to end of stub) distances from known reference points or baseline offsets, and elevation of stub-outs. 5. Show which services have twenty (20) foot length of DIP at water main crossings. 6. Show station and offset location of sanitary services' at property line. Particular care in dimensioning needed in special situations, i.e., cul-de-sacs and locations where services are not perpendicular to wye. 7. Show invert elevation of sanitary service at property line. 8. Any and all necessary dedicated easement locations, identified by O.R. Book and Page Number. 01025-4 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc PUMP / LIFT STATION: Record Drawings shall show elevations for the top and bottom and diameter of wet well along with invert of effluent line. Record Drawings should also indicate the make, model number, horsepower, impeller and condition point of pumps selected and installed, shape of wet well, location of control panel, location of pump out connection, float level settings, any deviation from the plans, and serial number(s)of the pump(s). SURVEY CONTROL 1. Install/re-establish: It shall be the contractor's responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472, Florida Statutes, to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction. 2. New roadway alignment control points(survey baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State plane coordinates and elevations for all control points. 3. If shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s),vertical control (bench marks), property corners destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s)shall be notified in writing of disturbance and re-establishments. RECORD/AS-BUILTS DRAWINGS FORMAT - SUBMITTAL A. ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As-Built (record) information. B. CONTRACTOR shall deliver seven (7) certified sets of Record/As-Builts with Electronic Drawing files prepared in ACAD Civil 3D 2013 AND PDF format or in current version as agreed by the ENGINEER. C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record drawing(s). Said drawing(s) shall clearly state type of survey, positional tolerances, adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida, any standards set forth by Florida Statutes, Administrative code and Minimum Technical Standards for As-Built/Record surveys. 01025-5 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documentsWaster Contract Documents\Technical Specifications.doc D. All Record/As-Built drawings are subject to review and approval by County Surveyor. ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. COMPLETION OF WORK Upon Substantial Completion of the Work, deliver Record Drawings/As-Built Drawings to ENGINEER. Final payment will not be made until satisfactory record documents are received and approved by ENGINEER. [The remainder of this page was left blank intentionally] 01025-6 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc Board of Professional Surveyors and Mappers Record As-Built Survey Checklist Lic. Name Date: Project Name: SOUTH COUNTY PARK GENERAL USE FIELD Project No.: 1425 Chapter 61G17-6 Minimum Technical Standards F.A.C. 61G17-6.003 General Survey, Map, and Report Content Requirements ❑ (1) REGULATORY OBJECTIVE: The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective, surveyors and mappers must achieve the following minimum standards of accuracy, completeness, and quality: ❑ (a) Accuracy of survey measurements based on the type of survey and expected use. ❑ (b) Measurements made in accordance with the United States standard, feet or meters. ❑ (c) Records of measurements maintained for each survey (check field notes.) ❑ (d) Measurement and computation records dated. ❑ (e) Measurement and computation records substantiate the survey map. ❑ (f) Measurement and computation records support accuracy statement (closure calculations or redundant measurements, if applicable.) (2) Other More Stringent Requirements: ❑ (a) Met more stringent requirements set by federal, state, or local governmental agencies. (3) Other Standards and/or Requirements that Apply to All Surveys, Maps, and/or Survey Products: ❑ (a) REGULATORY OBJECTIVE: In order to avoid misuse of a survey and map, the surveyor and mapper must adequately communicate the survey results to the public through a map, report, or report with an attached map. (b) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective, surveyors and mappers must meet the following minimum standards of accuracy, completeness, and quality: ❑ (c) Type survey stated on map and report: As-Built Survey Hydrographic Survey Boundary Survey Mean High Water Line Survey Condominium Survey Quantity Survey Construction Layout Survey Record Survey Control Survey Specific or Special Purpose 01025-7 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc Survey Topographic Survey ❑ (d) Name, certificate of authorization number, and street and mailing address of the business entity on the map and report. ❑ (e) Name and license number of the surveyor and mapper in responsible charge. ❑ (f) Name, license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report. ❑ (g) Survey date (date of data acquisition.) ❑ (h) Revision date for any graphic revisions (when survey date does not change.) ❑ (i) Map and report statement "Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper." ❑ Q) Insurance statement in 1/4" high letters "The survey depicted here is not covered by professional liability insurance" if there is no professional liability insurance. ❑ (k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. , ❑ (1) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise. ❑ (m) Bearings, distances, coordinates, and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise. ❑ (n) Bearing reference (well established and monumented line) ❑ (o) A designated "north arrow" ❑ (p) Stated scale or graphic scale ❑ (q) Abbreviations in legend or notes. ❑ (r) Special conditions and any necessary deviation from the standards noted upon the map or report. ❑ (s) Responsibility for all mapped features stated on the map or report ❑ (t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others. (u) Map Accuracy. (1) Vertical Feature Accuracy: 01025-8 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\Technical Specifications.doc ❑ (a) Vertical Control: Field-measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark. ❑ (b) Closure in feet must be accurate to a standard of plus or minus .05 ft. times the square root of the distance in miles. ❑ (c) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s) upon which the survey is based. ❑ (d) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum. (2) Horizontal Feature Accuracy: ❑ (a) Horizontal Control: All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based. ❑ (b) Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum. ❑ (c) The accuracy of control survey data shall be verified by redundant measurements or traverse closures. All control measurements shall achieve the following closures: Commercial/High Risk Linear: 1 foot in 10,000 feet; Suburban: Linear: 1 foot in 7,500 feet; Rural: Linear: 1 foot in 5,000 feet; ❑ (d) When statistical procedures are used to calculate survey accuracies, the maximum acceptable positional tolerance, based on the 95% confidence level, should meet the same equivalent relative distance standards as set forth in 61G17- 6.003(3)(p)(2.)(c) F.A.C. ❑ (e) Intended Display Scale: All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: "This map is intended to be displayed at a scale of 1/ or smaller". 61G17-6.004 Specific Survey, Map, and Report Requirements (1) As-Built/Record Survey: ❑ (a) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. ❑ (b) Clearly shows by symbols, notations, or delineations, those constructed improvements located by the survey. 01025-9 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documentsWlaster Contract Documents\Technical Specifications.doc ❑ (c) All maps prepared shall meet applicable minimum technical standards. ❑ (d) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations. [The remainder of this page was left blank intentionally] 01025-10 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 101-1 - Mobilization — Per Lump Sum SECTION 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2016 Edition), except as modified herein. A. GENERAL PROVISIONS-DESCRIPTION: The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. It shall include the construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences, businesses, etc., along the project; the furnishing, installing and maintaining of traffic control and safety devices during construction, the control of dust through the use of calcium chloride if necessary, and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans. The term, Maintenance of Traffic, as used herein, shall include all of such facilities, devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section. B. BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall present his Maintenance of Traffic Plan at the pre-construction conference. The Maintenance of Traffic Plan shall indicate the type and location of all signs, lights, barricades, striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen. The plan will indicate conditions and setups for each phase of the Contractor's activities. When the project plans include or specify a specific Maintenance of Traffic Plan, alternate proposals will be considered when they are found to be equal to or better than the plan specified. In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic. 01025-11 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\Technical Specifications.doc The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at nighttime, of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design, Construction, Maintenance and Utility Operations On The State Highway System, Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers or other safety devices will be required where unusual, complex or particularly hazardous conditions exist. The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (MUTCD). D. TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS - INSTALLATION: The responsibility for installation and maintenance of adequate traffic control devices, warning devices and barriers, for the protection of the travel in public and workmen, as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove,turn or cover any devices or barriers which do not apply to existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. E. NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F. In addition to above, the Contractor shall comply with INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION in Appendix C. 01025-12 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsU\Aaster Contract Documents\Technical Specifications.doc Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 102-1 - Maintenance of Traffic— Per Lump Sum SECTION NO. 104 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION PART 1 — GENERAL 1.1 SCOPE A. This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area. Pollution control measures shall prevent polluted or turbid waters from being discharged from the construction site or work area to undeveloped portions of the site or offsite, including but not limited to Multiple Separate Storm Sewer Systems (MS4s) and Waters of the State. B. The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense. The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area. Note that state regulations do not allow mixing stormwater and dewatering groundwater in the same release — separate and independent discharges are required. C. Pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project's construction. The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures, when in the sole opinion of the OWNER, they are warranted. If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution, beyond those specified in the Drawings, the Project's approved Stormwater Pollution Prevention Plan (SWPPP), or herein, implement additional best management practices as necessary, in accordance with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual and other references as may be applicable or required by regulatory permits. D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section. Alternatively, the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section. If the OWNER halts the CONTRACTOR's Work as a result of failure to comply with this Section, the Contract time clock will continue to run. 01025-13 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documents\Master Contract Documents\Technical Specifications.doc E. In addition to these Specifications, comply with Chapter 4 - "Best Management Practices for Erosion and Sedimentation Control" and Chapter 5—"Best Management Practices for Dewatering" of the Florida Erosion and Sediment Control Inspector's Manual. In the event of a conflict between the referenced chapters and these Specifications, the more stringent requirement shall prevail. F, Submit to SJRWMD a "Notice to District of Dewatering Activity" (SJRWMD Form No. 40C-2.900(12)) prior to commencement of dewatering in accordance with F.A.C. 40C- 2.042(9). Provide a copy of the Notice to Indian River County. 1.2 PERMITS A. The OWNER has obtained certain permits for this project and they are listed in paragraph 6.08.13 of the EJCDC Standard General Conditions of the Construction Contract(General Conditions). Per paragraph 6.08.0 of the General Conditions, apply for and obtain all other required federal, state, and local permits, licenses, sampling, and tests. B. Provide copies of all approved permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER. If there is a conflict between any permit requirement and these Specifications or requirements between permits, the more stringent specification or requirement shall govern. C. Pay for all required water quality sampling and laboratory tests. 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans, permits, and these Specifications; and the installed system has been examined by the OWNER for compliance. B. From time to time, the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER. If at any time, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of the project down that is not in compliance, and it shall remain shut-down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and treatment system plans, specifications, contract documents, and permits. C. Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of 01025-14 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentswaster Contract Documents\Technical Specifications.doc the site has temporarily or permanently ceased. In addition to other temporary erosion control measures that may be implemented, application of polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased, unless final landscaping has been installed. Polyacrylamide application shall be as specified herein. Include polyacrylamide application in the Project's SWPPP. D. Inspect each pollution control system at least once per day and after each rainfall event. Clean and maintain each pollution control system as required until the system is no longer needed. If a water quality violation occurs, immediately cease all work contributing to the water quality violation and correct the problem. Immediately report all water quality violations to the OWNER. Immediately report the discharge of any hazardous substance to the State Warning Point at 800-320-0519 or 850-413-9911. E. Discharge shall not violate State or local water quality standards in receiving waters, nor cause injury to the public health or to public or private property, nor to the Work completed or in progress. The receiving point for water from construction operations shall be approved by the applicable owner, regulatory agency, and the ENGINEER. The receiving point shall be shown on the Project SWPPP. 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. Approved Stormwater Pollution Prevention Plan. C. "Contractor's Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From Construction Activities" 1.5 STORMWATER TREATMENT AND EROSION CONTROL SYSTEM RESPONSIBILITY A. Prepare a site-specific design of the erosion and stormwater pollution control system. Install and maintain all erosion and stormwater pollution control devices under the supervision of a State Certified Stormwater, Erosion, and Sedimentation Control Inspector. 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, Florida Department of Environmental Protection (FDEP) and other applicable regulatory agencies 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, FDEP, and all applicable regulatory 01025-15 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\Technical Specifications.doc agencies. 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 Construction Activities" (located at the end of this Section). 1.6 "POLLUTION"AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. With respect to this Section and as may be further defined in paragraphs 1.6.13, 1.6.C, 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 An existing water body (including ditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time, the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is at least 29 nephelometric turbidity units(NTUs) higher than the turbidity of the background water upstream of the discharge point(s). [See Fla. Administrative Code 62-302.530] Exception: When the discharge is directly into or through an outfall discharging into"Outstanding Florida Waters,"designated by Florida Statute 403.061(27), the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water. The ENGINEER or OWNER shall determine the locations where the turbidity is measured. C. When the Discharge is not Directly Into an Existing Water Body In some instances, dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such as by overland flow. If the discharge water's TSS and turbidity measurements exceed pre-construction background values by 20 percent for TSS and 29 NTUs for turbidity, then the discharge is defined to be polluted. D. When Pollution Always Occurs 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 1.6.13, 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. 01025-16 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc 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 may report the violations to Indian River County Stormwater Enforcement, 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 and cover it with hay, jute, or mulch. PAM may also be used in water bodies to remove turbidity. In all cases, use the anionic form of polyacrylamide that does not stick to fish gills. For PAM information and its proper application, a contact is Applied Polymer Systems, Inc., (678) 494-5998, www.siltstop.com. B. Staked Silt Fences: 1. General: Use silt fences to control runoff from the construction site where the soil has been disturbed. 2. Installation: Install per the manufacture's recommendations and as specified herein. In general, install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric. All supporting posts shall be on the down-slope side of the fencing. Place the bottom of the fabric 6-inches minimum, under compacted soil to prevent the flow of sediment underneath the fence. Place silt fences away from the toe of slopes. Otherwise, install in accordance with FDOT Index No. 102. 3. Product:All material shall be new and unused. Use FDOT Types III 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 II silt fence. 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. Use staked turbidity barriers in water less than one-foot deep. Use floating turbidity barriers in water one-foot or deeper. 01025-17 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc D. Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags. 1. Filter bags 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—use non-calcareous rock. 3. Product: The filter bag shall be supplied with lifting straps. a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental, Inc. (1-800-448-3636). b. "DANDY DEWATERING BAG"supplied by Dandy Products, Inc. (1-800- 591-2284). C. Or equivalent. E. Curb Inlet Protection: 1. Filter stormwater before it enters curb inlets. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. The length of the curb inlet filtration device shall be at least 2-feet longer than the curb inlet opening. a. "GUTTERBUDDY," supplied by ACF Environmental, Inc. (1-800-448- 3636). b. Or equivalent. F. Catch Basin Protection: 1. Filter stormwater before it enters catch basins (drop inlets). The filter "sack" shall be manufactured from woven polypropylene geotextile and sewn by a double-needle machine, using a high strength nylon thread. The sack shall be l manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features: two dump straps attached at the bottom to facilitate emptying; lifting loops as an integral part of the system to be used to lift the sack from the basin; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls. The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. a. "SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1-800- 448-3636). 01025-18 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579- 8819). C. Or equivalent. G. Construction Site Egress Driveways: Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels. Construct a crushed rock driving surface at the vehicle exit point(s). Locate the site egress driveways a minimum of 25 feet from all drainage inlets or pipes. Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area. Provide wash-down stations as required to wash vehicle tires and retain all washwater on-site. Do not use limerock. H. Rock and Stone for Erosion Control and Pollution Control and Treatment: 1. Crushed Limerock: Limerock shall not be used under any circumstance. 2. Acceptable Material: FDOT#4 non-calcareous aggregate, washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction, Section 901. I. Hay Bales: Hay bales shall not be used. PART 3 - EXECUTION A. Design, construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities. B. Apply polyacrylamide in strict accordance with the polyacrylamide manufacturer/supplier's recommendations and specifications. C. REPAIR ALL EROSION DAMAGE — At no additional cost to the OWNER and regardless of the state of completion of the Work, immediately clean all dirt and debris from all pipes and drainage structures; and repair all flooding, washouts, and all other erosion damage to the Work. This responsibility shall not end until Final Acceptance of the Work by the OWNER. Included is damage caused by erosion of any kind (e.g. wind, waves, stormwater runoff, hurricanes, etc.) including Acts of God. Restore all erosion damaged areas to design grades and elevations. Also, refer to General Conditions 6.13 B. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 104-13 — Silt Fence —Type III — Per Linear Feet Bid Item No. 104-15 — Soil Tracking Prevention Device — Per Each 01025-19 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc CONTRACTOR'S AFFIDAVIT REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM CONSTRUCTION ACTIVITIES This sworn statement is submitted to Indian River County for the following project (list project name and site address): SOUTH COUNTY PARK GENERAL USE FIELD 1590 9T" Street SW, Vero Beach, FL 32962 STATE OF COUNTY OF Personally before me the undersigned authority, appeared , who upon oath duly administered, stated as follows: 1. This sworn statement is submitted by the CONTRACTOR, whose business address is and (if applicable) its Federal Identification No.(FEIN) is 2. My name is and my relationship to the entity named above is 3. CONTRACTOR understands and agrees that in addition to complying with the terms and conditions of the Stormwater Management System Permit issued by Indian River County, Permittee 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. 01025-20 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc 4. CONTRACTOR understands 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." 5. CONTRACTOR understands and agrees that in addition to the definition set forth in Item 4 above, "pollution" is also defined by Florida Administrative Code 62-302.530 and as may be further defined in the Indian River County permit(s). 6. CONTRACTOR understands that Indian River County requires the design, installation, and maintenance of proper erosion control measures at all times UNTIL Final Acceptance of the Project by the OWNER. 7. CONTRACTOR understands that there are civil and criminal penalties for pollution listed in Florida Statutes Ch. 403.141 and Ch. 403.161 and that there are other penalties listed in Indian River County's permits, including but not limited to, Indian River County issuing a Cease and Desist Order for the project. CONTRACTOR understands that it may be liable for these and other penalties if offsite pollution occurs as a result of activities associated with the Project. 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one (21) days of any transfer of ownership or control of the real property at which the permitted activity, facility, or system is located or authorized, the Permittee shall notify in writing, both the Indian River County Engineering Division and the Indian River County Stormwater Division of the transfer. Permittee shall provide the name, mailing address, and telephone number of the transferee and a copy of the instrument effectuating the transfer. Said notification is in addition to notifying the County Attorney's Office as required by County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Permittee must provide (1) the information required in Item 8(a); (2) a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit; and (3) a new "Permittee's Affidavit" form properly executed by the transferee. Upon proper receipt of these items the County shall transfer the permit to the transferee. (c) Permittee is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility, system, or activity is located or authorized. However, the transfer shall not be effective prior to the sale or legal transfer. (d) An "Illicit Discharge Sign" must be present at the site at the time of transfer. Replacement or additional signs may be obtained from the Indian River County Public Works Department at a cost of$30.00 per sign. 01025-21 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc Under penalty of perjury, CONTRACTOR declares that it has read the foregoing affidavit and the facts stated in it are true. FURTHER AFFIANT SAYETH NAUGHT CONTRACTOR: Authorized Signature: Printed Name: Date: Work Telephone: Mobile Telephone: ********************************* The foregoing instrument was subscribed and sworn to before me this day of , 20_ by , who is personally known to me or has produced as identification and who did take oath. Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + 01025-22 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTSU425-S County Park-General Use FieldWdminlbid documentsWlaster Contract Documents\Technical Specifications.doc SECTION NO. 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2016) with the following modifications: A. Prior to any clearing and grubbing, the contractor will stake the right-of-way. Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetation, rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected. Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade. No stumps, roots, or perishable matter of any description shall remain under concrete slabs or footing, including pavement and sidewalks. B. No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved, after a review of the project site with the Contractor's representative. C. Where the final pavement or structural work will be close to existing trees, the Contractor shall exercise care in the vicinity of the trees. Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization, structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots. If directed by the Engineer or where shown on the drawings, work shall be done by hand in order to protect the trees. D. The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures. The Contractor shall not pull hair or major root structures. All severed roots shall be sawn clean and paint with pruning paint. Stumps, roots, etc., shall be completely removed and disposed of by the Contractor. Undesirable, dead, and/or damaged trees (as so designated by the Engineer) shall be removed. E. All trees to be removed shall be disposed off site; burning will be strictly prohibited. F. All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required, this work shall be done in cooperation with the Owner and at no additional expense to the Owner. G. All items to be removed shall be excavated to their full depth. All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County free of charge. (See Paragraph C, Special Provisions) 01025-23 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\Technical Specifications.doc The Contractor shall transport the culverts to the County's storage yard. All metal castings for catch basins, manholes, or other structures shall be carefully removed and stored in the County's Storage Yard if they are deemed salvageable by the Engineer. The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner. Any culverts, structures or any material excavated or removed from the project site under clearing and grubbing deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the Contractor. Where required, suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground. The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications. H. No additional payment will be made, nor will additional work, or change orders be authorized for work needed to remove, relocate, protect, or otherwise account for in the construction of the work depicted in the plans, for any feature, or item that would be apparent from a careful inspection of the site and review of the plans, even though such feature or item is not specifically called out in the plans. It is therefore essential the contractor make such inspection and review. I. The unit price bid for this item shall include the cost of all labor, tools, and equipment necessary to excavate, remove, and dispose of those items as directed by the Engineer and where designated on the Drawings. The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 110-1 - Clearing and Grubbing (5.21 Acres) — Per Lump Sum Bid Item No. 110-7 — Remove Curb, Sidewalk, & Shell Road — Per Lump Sum SECTION - 120 EXCAVATION AND EMBANKMENT A. Earthwork, including earthwork for drives outside the right-of-way limits, shall be paid for as embankment. Cost shall include all work specified in this section and Section 120 of the FDOT Standard Specifications for Road and Bridge Construction (2016). Such price and payment shall specifically include all cost of any roadway, lateral ditch or canal, and final dressing operations. B. Earthwork quantities shall be considered as in-place material with no shrinkage or expansion factors. C. Subsoil Excavation -Any excavation below the proposed bottom elevation of the select fill, isolated swale bottom locations, isolated locations for pipe installations and as 01025-24 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documents\Master Contract Documents\Technical Specifications.doc approved by the engineer shall be paid for as subsoil excavation. Approximately 2.0 ft of subsoil excavation is required in sublateral canals. Cost of replacement embankment shall be included in cost of subsoil excavation. Contractor shall coordinate with.county representative prior to any subsoil excavation. D. Embankment - General Requirements for Embankment Materials: The following is added after the first paragraph of Subarticle 120-7.2: Roadway Design Standard Index No. 505, Embankment Utilization Details is modified by the addition of the following: Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner. Backfill material containing more than 2.0% by weight of organic material, as determined by FM 1-T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material, shall not be used in construction of the reinforced volume. If an individual test value of the three samples exceeds 3.0%, the stratum or stockpile will not be suitable for construction of the reinforced volume. Only A-1 and A-3 material is permitted for embankment. E. Payment shall be made under: Bid Item No. 120-2-1 — Import Fill from County Source — Per Cubic Yard — Cost shall include stripping for organics from stockpile, installation of soil tracking device, construction of access point, restoration of right of way and stockpile area. Bid Item No. 120-2-2 — Import Fill (Import, Place and Grade) — Per Cubic Yard SECTION — 285 — OPTIONAL BASE COURSE A. Sub Article 285-4 is modified by the addition of the following: Base material, thickness and requirements are described in the construction plans. Only one type of alternate base material shall be used. No additional payment will be made for base thickness in excess of the specified thickness 3. B. Payment shall be made under: Bid Item No. 285-704 — Shell Roadway— 6" — Per Square Yard SECTION 425 - INLETS, MANHOLES AND JUNCTION BOXES The work specified in this section shall conform to Section 425 of the Florida 01025-25 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc Department of Transportation Standard Specifications for Road and Bridge Construction. (2016 Edition). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 425-1-555-1 — Inlet, Dt Bottom —Type E — Per Each SECTION 430 — PIPE CULVERTS The work specified in this item shall conform to Section 430 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2016). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 430-175-115 — Pipe Culvert, 15" (CAP) — Per Linear Foot Bid Item No. 430-175-118 — Pipe Culvert, 18" (CAP) — Per Linear Foot Bid Item No.430-175-215 — Pipe Culvert, 12" x 18" (ERCP) — Per Linear Foot Bid Item No. 430-984-623 — Mitered End Section, 12" x 18" (ERCP) — Per Each SECTION 522 — CONCRETE SIDEWALK AND DRIVEWAYS The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2016). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 522-2 — Concrete Sidewalk (6" Thick)— Per Square Yard SECTION - 570 — PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2016). A. Description: Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer. This work shall also include mowing, to be mowed at maximum 6" height with a mulching mower. 01025-26 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documentsWlaster Contract Documents\Technical Specifications.doc B. Work Included: Scope of Work: The work specified in this section consists of the establishing of a stand of grass, within the project, right-of-way, easements, and other areas indicated on the Drawings, by furnishing and placing grass sod. Also included are fertilizing, watering and maintenance as required to assure a healthy stand of grass. Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed". C. Guarantee: All sodded areas shall be guaranteed for one year after date of final acceptance. Replacement of Defective Sod: Any dead sod or sod showing (less than 95% of a square) indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months.All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks. D. Fertilizer: Commercial fertilizers shall comply with the Indian River County Fertilizer Ordinance 2013-012 and Supplement Ordinance 2013-014 (see Appendix B). E. Water for Grassing: Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570-3.6. F. Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6.0 - 7.0. Contractor shall apply two (2) applications. The initial shall be fertilizer and the second application shall be "weed and feed". The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre, or 10 pounds per 1,000 square feet, by a spreading device capable of uniformly distributing the material at the specified rate. Contractor shall apply applications as per manufacturer's specification. All tickets from bags shall be handed over to the County Inspector. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches. H. Placing Sod: The sod shall be placed on the prepared surface, with edges in close 01025-27 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6 inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1 Y2' below paved shoulder. On slopes greater than 3:1, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. Sodding shall not be performed when weather and soil conditions are, in the Engineer's opinion, unsuitable for proper results. Sod shall be placed around all structures, equipment pads, etc. I. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). J. Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6"without mowing. Clippings shall be removed from sidewalk. K. Article 570-9. The first two paragraphs under this Article are deleted and the following is added: The contract unit price for performance turf shall include the costs of sod, fertilizer (2 applications), sidewalk sweeping after mowing, mowing, pegging disposal of clippings, water, tools, equipment, labor and all other incidentals necessary. Item of Payment Payment shall be made under: Bid Item No. 570-1 — Performance Turf (Sod) (Bahia) - Per Square Yard 01025-28 Technical Specifications F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\Technical Specifications.doc SECTION - 700 — HIGHWAY SIGNING A. Signing for traffic control shall conform to the requirements of the Standard Specifications (2009), Manual on Uniform Traffic Control Devices, Supplemental Specifications, Roadway and Traffic Design Standards, manufacturer's specifications. B. Traffic Signs: All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits. Care shall be exercised by the Contractor during removal, storage and relocation so as not to damage the signs. If any damage occurs, as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation. Item of Payment: Payment for the work specified in this item shall be made under: Bid Item No. 700-1-11 — Stop Sign — 30" R1-1 — Per Each SECTION — 711 — THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS The work specified in this item shall conform to Section 711 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2016). Item of Payment: Payment for the work specified in this item shall be made under: Bid Item No. 711-11-125 —Thermoplastic —24" Solid White — Per Linear Foot + + END OF SECTION + + 01025-29 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Hdmin\bid documentsWlaster Contract Documents\Technical Specifications.doc APPENDIX A PERMITS Appendix A-Permits F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\APPENDIX A-Permits.doc St. Johns River �.. ' Water Management District Ann B.Shortelle,Ph.D.,Executive Director 4049 Reid Street • P.Q. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at www.sirwmd.com. April 21, 2016 Richard Szpyrka Indian River County Public Works 1801 27th St Vero Beach, FL 32960-3388 SUBJECT: 104191-5 IRC Intergenerational Recreation Center- General Use Field Dear Sir: Enclosed is your individual permit issued by the St. Johns River Water Management District on April 21, 2016. This permit is a legal document and should be kept with your other important documents. Permit issuance does not relieve you from the responsibility of obtaining any necessary permits from any federal, state, or local agencies for your project. Technical Staff Report: If you wish to review a copy of the Technical Staff Report(TSR) that provides the District's staff analysis of your permit application, you may view the TSR by going to the Permitting section of the District's website at floridaswater.com/permitting. Using the "search applications and permits" feature, you can use your permit number or project name to find information about the permit. When you see the results of your search, click on the permit number and then on the TSR folder. Noticing Your Permit: For noticing instructions, please refer to the noticing materials in this package regarding closing the point of entry for someone to challenge the issuance of your permit. Please note that if a timely petition for administrative hearing is filed, your permit will become nonfinal and any activities that you choose to undertake pursuant to your permit will be at your own risk. Compliance with Permit Conditions: To submit your required permit compliance information, go to the District's website at floridaswater.com/permitting. Under the "Apply for a permit or submit compliance data" section, click to sign-in to your existing account or to create a new account. Select the "Compliance Submittal"tab, enter your permit number, and select"No Specific Date"for the Compliance Due Date Range. You will then be able to view all the compliance submittal requirements for your project. Select the compliance item that you are ready to submit and then attach the appropriate information or form. The forms to comply with your permit conditions are available at floridaswater.com/permitting under the section "Handbooks, forms, fees, final orders". Click on forms to view all permit compliance forms, then scroll to the ERP application forms section and select the applicable compliance forms. Alternatively, if you have difficulty finding forms or need GOVERNING BOARD John A Miklos,CHAIRMAN Fred N.Roberts Jr.,NCE CHAIRMAN Chuck Drake,SECRETARY Carla Yetter,TREASURER ORLANDO OCALA ORLANDO FERNANDINA BEACH Douglas C.Bournique John P Browning,Jr. Douglas Burnett Maryam H.Ghyabi Ron Howse VERO BEACH EAST PALATKA ST.AUGUSTINE ORMOND BEACH COCOA copies of the appropriate forms, please contact the Bureau of Regulatory Support at (386) 329- 4570. Transferring Your Permit: Your permit requires you to notify the District within 30 days of any change in ownership or control of the project or activity covered by the permit, or within 30 days of any change in ownership or control of the real property on which the permitted project or activity is located or occurs. You will need to provide the District with the information specified in rule 62-330.340, Florida Administrative Code (F.A.C.). Generally, this will require you to complete and submit Form 62-330.340(1), "Request to Transfer Permit," available at http.//www.floridaswater.com/permitting/permitforms.htmi. Please note that a permittee is liable for compliance with the permit before the permit is transferred. The District, therefore, recommends that you request a permit transfer in advance in accordance with the applicable rules. You are encouraged to contact District staff for assistance with this process. Thank you and please let us know if you have additional questions. For general questions contact e-permit@sjrwmd.com or (386) 329-4570. Sincerely, Margaret Daniels, Office Director Office of Business and Administrative Services St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386) 329-4570 Enclosures: Permit cc: District Permit File Consultant: John M. Boyer Masteller& Moler, Inc. 1655 27th St Ste 2 Vero Beach, FL 32960-3384 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178-1429 PERMIT NO: 104191-5 DATE ISSUED: April 21, 2016 PROJECT NAME: IRC Intergenerational Recreation Center- General Use Field A PERMIT AUTHORIZING: Construction of a Stormwater Management System with stormwater treatment by Retention and Wet-Detention for IRC Intergenerational Recreation Center- General Use Field, a 5.46 - acre project to be constructed as per plans received by the District on March 29, 2016. LOCATION: Section(s): 23 Township(s): 33S Range(s): 39E Indian River County ISSUED TO: Indian River County Public Works 1801 27th St Vero Beach, FL 32960-3388 The permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. This permit does not convey to the permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes. PERMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A", dated April 21, 2016 AUTHORIZED BY: St. Johns River Water Management District Division of Regulatory, Engineering and Environmental Services B \ Y David Miracle Regulatory Coordinator "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 104191-5 IRC Intergenerational Recreation Center- General Use Field DATED April 21, 2016 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the District staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5, F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the District a fully executed Form 62-330.350(1), "Construction Commencement Notice,"[10-1-13], incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), indicating the expected start and completion dates. A copy of this form may be obtained from the District, as described in subsection 62-330.010(5), F.A.C. If available, an District website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex—"Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit" [Form 62-330.310(3)1; or b. For all other activities—"As-Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as-built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the District in writing of changes required by any other regulatory District that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the District in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or(800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the District will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18.A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property 19. Prior to construction, the permittee must clearly designate the limits of construction on-site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, may be a violation of this permit. 20.All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering. 21. At a minimum, all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities. To prevent reduction in storage volume and percolation rates, all accumulated sediment must be removed from the storage area prior to final grading and stabilization. 22. The project shall be constructed and operated in accordance with the plans received by the District on March 29, 2016. 23. This permit for construction will expire five years from the date of issuance. 24. The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine if the system is functioning as designed and permitted. The operation and maintenance entity must maintain a record of each required inspection, including the date of the inspection, the name and contact information of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. If at any time the system is not functioning as designed and permitted, then within 30 days the entity shall submit a report electronically or in writing to the District using Form-62-330.311(1), "Operation and Maintenance Inspection Certification," describing the remedial actions taken to resolve the failure or deviation. Notice of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk(a)sjrwmd.com, within twenty-six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below. 2. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely-filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties' written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each parry shall be responsible for paying its pro-rata share of the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a parry chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions. 3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice of Rights 4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 5. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a parry to the proceeding, in accordance with the requirements set forth above. 7. Pursuant to Section 120 68, Florida Statutes, a parry to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk. 9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no. 7 above will result in waiver of that right to review. NOR.Decision.DOC.001 Revised 12.7.11 Notice of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the permittee: Indian River County Public Works 1801 27th St Vero Beach, FL 32960-3388 This 21st day of April, 2016. L -�J� c /� '5F-4� Margaret Daniels, Office Director Office of Business and Administrative Services St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386) 329-4570 Permit Number: 104191-5 NOTICING INFORMATION Dear Permittee: Please be advised that the St. Johns River Water Management District will not publish a notice in the newspaper advising the public that it has issued a permit for this project. Newspaper publication, using the District's notice form, notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication, then there is a 21-day time limit for someone to file a petition for an administrative hearing to challenge the issuance of the permit. To close the point of entry for filing a petition, you may publish (at your own expense) a one- time notice of the District's decision in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper notice to close the point of entry, the time to challenge the issuance of your permit will not expire and someone could file a petition even after your project is constructed. A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published, the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by emailing it to compliancesupport@sjrwmd com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Office Director Office of Business and Administrative Services 4049 Reid Street Palatka, FL 32177 If you have any questions, please contact the Bureau of Regulatory Support at(386) 329-4570. Sincerely, 7X Dz� Margaret Daniels, Office Director Office of Business and Administrative Services NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on (Name and address of applicant) permit# . The project is located in County, Section , Township South, Range East. The permit authorizes a surface water management system on acres for known as The receiving water body is A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available and choosing mediation does not affect your right to an administrative hearing. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8 a.m. —5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited and shall not constitute filing. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C- 1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, F.A.C.). If you wish to do so, please visit http://floridaswater.com/nor_dec/to read the complete Notice of Rights to determine any legal rights you may have concerning the District's decision(s) on the permit application(s) described above. You can also request the Notice of Rights by contacting the Director of Regulatory Support, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329- 4570. NEWSPAPER ADVERTISING ALACHUA BAKER The Alachua County Record, Legal Advertising Baker County Press, Legal Advertising P. O. Box 806 P. O. Box 598 Gainesville, FL 32602 Maclenny, FL 32063 352-377-2444/fax 352-338-1986 904-259-2400/fax 904-259-6502 BRAFORD BREVARD Bradford County Telegraph, Legal Advertising Florida Today, Legal Advertising P. O. Drawer A P. O. Box 419000 Starke, FL 32901 Melbourne, FL 32941-9000 904-964-6305/fax 904-964-8628 321-242-3832/fax 321-242-6618 CLAY DUVAL Clay Today, Legal Advertising Daily Record, Legal Advertising 1560 Kinsley Ave., Suite 1 P. O. Box 1769 Orange Park, FL 32073 Jacksonville, FL 32201 904-264-3200/fax 904-264-3285 904-356-2466/fax 904-353-2628 FLAGLER INDIAN RIVER Flagler Tribune, c/o News Journal Vero Beach Press Journal, Legal Advertising P. O. Box 2831 P. O. Box 1268 Daytona Beach, FL 32120-2831 Vero Beach, FL 32961-1268 386-681-2322 772-221-4282/fax 772-978-2340 LAKE MARION Daily Commercial, Legal Advertising Ocala Star Banner, Legal Advertising P. O. Drawer 490007 2121 SW 19th Avenue Road Leesburg, FL 34749 Ocala, FL 34474 352-365-8235/fax 352-365-1951 352-867-4010/fax 352-867-4126 NASSAU OKEECHOBEE News-Leader, Legal Advertising Okeechobee News, Legal Advertising P. O. Box 766 P. O. Box 639 Fernandina Beach, FL 32035 Okeechobee, FL 34973-0639 904-261-3696/fax 904-261-3698 863-763-3134/fax 863-763-5901 ORANGE OSCEOLA Sentinel Communications, Legal Advertising Little Sentinel, Legal Advertising 633 N. Orange Avenue 633 N. Orange Avenue Orlando, FL 32801 Orlando, FL 32801 407-420-5160/fax 407-420-5011 407-420-5160/fax 407-420-5011 PUTNAM ST. JOHNS Palatka Daily News, Legal Advertising St.Augustine Record, Legal Advertising P. O. Box 777 P. O. Box 1630 Palatka, FL 32178 St.Augustine, FL 32085 386-312-5200/fax 386-312-5209 904-819-3436 SEMINOLE VOLUSIA Seminole Herald, Legal Advertising News Journal Corporation, Legal Advertising 300 North French Avenue P. O. Box 2831 Sanford, FL 32771 Daytona Beach, FL 32120-2831 407-323-9408 (386) 681-2322 INDIAN RIVER c ouNTY COMMUNITY DEVELOPME VT DEPARTMENT 1801 27th Street,Vero Beach FL 32960 * 772-226-1237/772-978-1806 fax www.ircgov.com May 13,2016 John M.Boyer,P.E. Masteller&Moler,Inc. 1655 271h Street, Suite 2 Vero Beach FL 32960 RE: South County Park Administrative Approval[AA-16-06-73/91090060-76627] Dear Mr.Boyer: County staff approved the above-referenced administrative approval application. This action approves general use field improvements at the South County Park located at 1590 91 Street SW, with the following conditions: 1. There shall be no clearing or removal of any existing vegetation,except for removal of nuisance exotic vegetation(if applicable),from the 60'wide Oslo Road buffer or the 40' side 20'h Avenue SW buffer. 2. A County land clearing permit must be obtained prior to any land clearing activitites. 3. Project construction must follow County construction hours regulations under 974.04(2): (2) Construction equipment and activity. It shall be unlawful to operate any equipment or perform any outside construction or repair work on buildings, structures,roads,or projects within the county between the hours of 8:00 pm.and 6:00 am.unless an administrative approval as set forth in section 974.07 for such construction or repair work between such hours has been obtained from Indian River County on the basis of good cause shown. Please be advised that plan approval shall terminate and become null and void without notice if construction has not occurred within 24 months from the date of approval. Approval may be extended one time only for good cause by county planning staff for a period not to exceed 12 months. Construction shall be considered abandoned and plan approval may be terminated if a good faith effort to proceed with the completion of the project has not occurred for a continuous period of 6 months. Please find attached three copies of the approved plans. If I may provide any fiuther assistance, please contact me at 772-226-1239 or rsweene}+Ca,)ircgov.com. Sincerely, Ryan Sweeney Senior Planner cc: Stan Boling,AICP(via e-mail) Rich Szpyrka,P.E.(via e-mail) John W.McCoy,AICP(via e-mail) Jesse Roland(via e-mail) David Hays,P.E.(via e-mail) Steven Hitt(via e-mail) Donte'Taylor(via e-mail) F:T xmmunity Devdopmeat\CurDev\AA\2016AAsVvo AcomtypwiLAA-16-0&73app doc 1 INDIAN RIVER COUNTY Environmental Planning&Code Enforcement Section 1801 27th Street,Vero Beach FL 32960 # 772-226-1249/772-978-1806 fax Icy' www.ircgov.com 5/19/2016 WIC APPLICANT: JOHN M BOYER P.E. 1655 27TH ST SUITE 2 VERO BEACH,FL 32960 INDIAN RIVER COUNTY LAND CLEARING PERMIT PROJECT NO./PERMIT NO. 91090060/76628 PROJECT NAME: SOUTH COUNTY REGIONAL PARK GENERAL USE FIELDS PROJECT DESCRIPTION: LAND CLEARING PERMIT FOR CONSTRUCTION OF GENERAL USE FIELDS PROPERTY OWNER'S NAME: RICHARD SZPYRKA P.E. LOCATION OF ACTIVITY: 1590 9TH ST SW PARCEL NUMBER 33-39-23-00001-0100-00001.0 THIS LAND CLEARING PERMIT is issued in accordance with Chapter 927 of the Indian River County Land Development Code. The above named applicant is hereby authorized to perform the herein described activity in accordance with the specifications stated herein and provided for in Chapter 927. This permit does not absolve the applicant and/or property owner from the responsibility to satisfy state or federal regulations that may apply to the activity. 1. LAND CLEARING IS NOT ALLOWED TO COMMENCE UNTIL APPROVAL (OR EXEMPTION VERIFICATION)IS OBTAINED FROM THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD). If you are not sure as to the status of SJRWMD approval or exemption,contact the Palm Bay office of the SJRWMD at phone number(321)984-4940. 2. LAND CLEARING ASSOCIATED WITH SITE PLAN DEVELOPMENT (per County Code Chapter 914) OR SUBDMSION PLATTING(per County Code Chapter 913)IS NOT ALLOWED TO COMMENCE UNTIL THE SITE PLAN OR PRELIMINARY PLAT IS FORMALLY APPROVED AND, IF A LAND DEVELOPMENT PERMIT IS REQUIRED, UNTIL A LAND DEVELOPMENT PERMIT IS ISSUED BY THE COUNTY ENGINEERING DIVISION. 3. A copy of the permit shall be kept on-site during the land clearing activity. 4. The applicant shall notify county environmental planning staff upon completion of the activity,who shall inspect the property to confirm compliance which applicable county regulations. 5. Debris resulting from the land clearing activity shall be disposed of at an approved disposal facility within 60 days of clearing completion, or burned with an air curtain incinerator bum permit from the County Fire Division (or State Division of Forestry, as applicable), in accordance with County Code Chapter 925. Mulched land clearing material may be integrated with clean fill to augment berms and stormwater retention areas.Mulched material is not acceptable under roadways and at building site locations. Any mulched material deposited or buried must have at least 5 foot vertical separation from the natural groundwater table. If the applicant proposes to integrate mulched material with clean fill on-site,the applicant is advised to contact the County Environmental Health Department at(772)794-7440 to ensure compliance with state and local requirements. 6. This land clearing permit requires that the subject property's pre-development storm water run-off discharge rate not be exceeded after the clearing operation is completed. This may require construction of temporary detention ponds or berms, and installation of erosion control devices, such as silt screens and/or hay bales, in order to maintain pre-development drainage flow characteristics and to protect against sedimentation and turbidity in discharge waters. All drainage and erosion control measures required on the approved project site plan,as applicable,are in effect for this permit. 7. The person or company conducting the land clearing must be a licensed contractor registered in Indian River County to perform such work. The applicant is advised to contact the County Building Division at (772) 226-1260 to ensure that the land clearer has required licensing. 8.This permit does not authorize the demolition of structures,as applicable.Demolition of structure(s)requires a separate demolition permit through the County Building Division.For more information,contact the County Building Division at(772)226-1260. OTHER INFORMATION: 1. This permit authorizes land clearing for general use field improvements at the South County Park located at 1590 9th Street SW, in accordance with conditions and specifications of the approved Administrative Approval(AA-16-06-73/91090060-76627). 2. As noted on the approved Administrative Approval,there shall be no clearing or removal of any existing vegetation,except for removal of nuisance exotic vegetation(if applicable),from the 60'wide Oslo Road buffer or the 40'wide 20th Avenue SW buffer. 3. Best management practices are to be used to eliminate or reduce soil erosion.This includes using devices such as hay bales,silt screens,or berms.These devices need to be properly installed prior to commencement of construction activities on the property, need to be maintained,and shall remain in place until the soil surface has stabilized. 4. Any Gopher Tortoise burrows located within or near(-25 feet)the scope of work must be relocated or avoided per FWC guidelines. DATE OF PERMIT ISSUANCE: 5/19/2016 DATE OF PERMIT EXPIRATION: Concurrent with approved Administrative Approval SIGNATURE OF UTHORIZATION: STEVEN HITT Environmental Planner Indian River County cc: County Engineer Current Development Staff (site plan/plat related permits only) Project No./Permit No.: 91090060/76628 1dr,letter AN'F-$ INDIAN RIVER COUNTY 41i. Environmental Planning& Code Enforcement Section h t * �j 1801 27th Street,Vero Beach FL 32960 772-226-1249/772-978-1806 fax FLoxt�' www.ircgov.com 5/19/2016 APPLICANT: JOHN M BOYER P.E. 1655 27TH ST SUITE 2 VERO BEACH,FL 32960 INDIAN RIVER COUNTY TREE REMOVAL PERMIT PROJECT/APPLIC.NO.: 91 090060 1 76629 PROJECT NAME: SOUTH COUNTY PARK GENERAL USE FIELDS PROJECT DESCRIPTION: TREE REMOVAL PERMIT FOR CONSTRUCTION OF GENERAL USE FIELDS PROPERTY OWNER'S NAME: RICHARD SZPYRK4 P.E. LOCATION OF'ACTIVITY: 1590 97HST SW PARCEL NUMBER: 33-39-23-00001-0100-00001.0 THIS TREE REMOVAL PERMIT is issued in accordance with Chapter 927 of the Indian River County Land Development Code. The above named applicant is hereby authorized to perform the herein described activity in accordance with the specifications stated herein and provided for in Chapter 927. This permit does not absolve the applicant and/or property owner from the responsibility to satisfy state or federal regulations that may apply to the activity. GENERAL SPECIFICATIONS: 1. The applicant shall conduct the activity in strict accordance with the criteria set forth in Section 927.07 of the Indian River County Land Development Code;a copy of the permit shall be kept on-site while the activity is taking place. 2. The applicant and/or the person to perform the tree removal shall arrange a field meeting with county environmental planning staff to review the proposed activity prior to removal commencement. 3. The applicant shall notify county environmental planning staff upon completion of the activity,who shall inspect the property to confirm compliance with applicable county regulations. OTHER INFORMATION: 1. This permit authorizes the removal of protected trees and/or specimen trees for general use field improvements at the South County Regional Park located at 1590 9th Street SW,in accordance with the conditions and specifications of the approved Administrative Approval(AA-16-06-73/91090060-76627). 2. As noted on the approved Administrative Approval,there shall be no clearing or removal of any existing vegetation,except for removal of nuisance exotic vegetation(if applicable),from the 60'wide Oslo Road buffer or the 40'wide 20th Avenue SW buffer. DATE OF PERMIT ISSUANCE: 5/19/2016 DATE OF PERMIT EXPIRATION: Concurrent with the approved Administrative Approval SIG ATURE OF UTHORIZATION: STEVEN HITT Environmental Planner Indian River County APPENDIX B Indian River County Fertilizer Ordinances Appendix A-Permits F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\APPENDIX B-FERTILIZER ORDINANCES(title sheet).doc ORDINANCE NO.2013- n1 AN ORDINANCE OF THE BOARD OF COUN'T'Y COMNIISSIONERS OF INDIAN RIVER COUN'T'Y, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MODEL ORDINANCE FOR FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; DIRECTING COUNTY ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WEBSITE, AND AN EFFECTIVE DATE. WHEREAS,as a result of impairment to Indian River County's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or canals within the boundaries of Indian River County, the Board of County Commissioners has determined that the use of fertilizers on lands within Indian River County creates a risk of contributing to adverse effects on surface and/or ground water; and WHEREAS, in order to address this risk, the Board of County Commissioners has determined that it is not only critical to adopt the Florida Department of Environmental Protection's Model Ordinance for Florida-Friendly Use of Fertilizer on Urban Landscapes, but that as part of Indian River County's science-based, and economically and technically feasible, comprehensive program to address nonpoint sources of nutrient pollution, additional and more stringent standards are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to the surface and/or ground water of Indian River County;and WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer Applicators; establishes training and licensing requirements;establishes a Prohibited Application Period, and specifies allowable fertilizer application rates and methods,fertilizer-free zones,low maintenance zones, and exemptions. The ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers.These secondary and cumulative effects have been observed in and on Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of Indian River County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer,wil l help improve and maintain water and habitat quality, F,, d a0.tr�a2_0r* e-20110%%WWn=,&� Page 1 of 9 ORDINANCE NO.2013- 012 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMNIISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: Section 1. Enactment Authority. Article VIII, §l of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rale powers in counties to enact ordinances,not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above"Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Adoption of Chapter 316 of the Code of Indian River 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." 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 offertilizer to turf or landscape lU ants. "Applicator" shall mean any Person who applies fertilizer on turf and/or landscape plants in Indian River County. "Board"shall mean the Indian River County Board of County Commissioners. "Best Management Practices" shall mean turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective -M Page 2 of 9 ORDINANCE NO.2013- and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. "Chapter 85-427' shall mean The Indian River County Environmental Control Act, Chapter 85- 427, Special Acts,Laws of Florida. "Code Enforcement Qoker shall mean any designated employee or agent of Indian River County whose duly it is to enforce codes and ordinances enacted by Indian River County. "Commercial Fertilizer Applicator," except as provided in §482.1562(9), Florida Statutes, shall mean AU Mrson who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Code"shall mean The Code of Indian River County. "Environmental Control t?fflcer" shall mean the Indian River County Environmental Control Officer appointed by the Board pursuant to Chapter 85-427, and Chapter 303 (Part 1) of this Code,and his or her designees. "Fertilize," "fertilizin ,mor "fertilization" shall mean the act of apples fertilizer to turfs specialized turf,or landscape plants. "Fertilizer" shall mean any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment,or provides other corrective measures to the soil. "Remy rain"shall mean rainfall gxeater than two inches in a 24 hour period. "Institutional Fertilizer Ap lip cator"shall mean any person, other than a private,non-commercial applicator or a Commercial Fertilizer Applicator (unless such definitions also apply under the circumstances).that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Fertilizer Applicators shall include,but shall not be limited to, owners,managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any_residential properties maintained in condominium and/or common ownership. "Landscape plant"shall mean any native or exotic tree,shrub,or groundcover(excluding turf). "Low maintenance zone" shall mean an area a minimum of ten feet wide adiacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing,etc. "Person" shaU mean any natural person, business, corporation, limited liability company, partnership limited partnership, association club organization, and/or any gropR of people acting as an organized entity. f, - a -ia-1 -P�rnd-- Page 3 of ORDINANCE NO.2013- 012 "Restricted Season"shall mean June I through September 30. "Saturated soiP shall mean a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this chapter, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. "Slow Release Nitrogen" shall mean nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. "Turf," "sod," or "lawn" shall mean a piece of grass-covered soil held together by the roots of the grass. "Urban landscape" shall mean pervious areas on residential,commercial,industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in §570.02, Florida Statutes. Section 31.6.3. Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Restricted Season, to saturated soils, or during a period in which a Flood Watch or Warning., or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any -portion of Indian River County, issued by the National Weather Service,or if heaves rain is likely. Section 316.4. Fertilizer-free zones. Fertilizer shall not be applied within ten feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall.If more stringent Indian River County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants mAj be fertilized in this zone only for a 60::&y period beginning thirty days after planting if needed to allow the plants to become well established. Caution shall be used to prevent nutrients from being djLe�ctl�deposited into the water. Section 316.5. Low maintenance zones. A voluntary ten foot low maintenance zone is strongly recommended. but not mandated, from _any pond,stream,water course lake wetland or from the top of a seawall.A swalelbenn system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent Indian River County Code re ug_lations apply, this provision .-MISrF...W-tW=W— Page 4 of 9 ORDINANCE NO.2013-012 does not relieve the requirement to adhere to the more strip eg nt regWations.Notwithstanding the voluntary nature of the above sentences, no mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over- spray of aquatic weed products in this zone. Section 316.6. Fertilizer content and application rates. (a) No fertilizer containing phosphorous shall be applied to 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 2vens 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. oc} Fertilizers applied to an urban lawn or turf within Indian River County shall be applied in accordance with requirements and directions set forth on the label or tag for packaged fertilizer products, or in the printed information accompanying the delivery of bulk fertilizer products, as provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers All packaged and bulk fertilizer products sold in Indian River County shall be sold in packages with labels or tags, or, if sold in bulk, be accompanied by printed infonnafion, which complies with the requirements of Rule 1.003 Florida Administrative Code. (d) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro- seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.). or in accordance with the Stormwater Pollution Prevention Plan for that site. Section 316.7. Application practices. ,(g) Spreader deflector shields are required when fertilizing via rotary (broadcast)Mreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces,fertilizer-free zones and water bodies.including wetlands. (b) Fertilizer shall not be applied, spilled,or otherwise deposited on any impervious surfaces. (e) 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. Fl�v�ry�d�.EQdbuaa.mVFMAer�tlald A.rIDrr6�ema-2073(F7�(Jeg.0 7$dea Page 5 of 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 fertilizer be washed swept, or blown off impervious surfaces into stormwater drains,ditches,conveyances,or water bodies. Section 316.8. Management of grass clippings and vegetative materials. I 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 j or roadways.Any material that is accidentall so deposited shall be immediately removed to the maximum extent p acticable. i Section 316.9. Exemptions. i The provisions set forth above in this chapter shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act §_823 14 Florida Statutes: (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for gazing livestock; (c) any lands used for bona fide scientific research including but not limited to research on the effects of fertilizer use on urban stormwater water quality,amnomics,or horticulture (d) golf courses when landscaping is performed within the provisions of the Florida Department of Environmental Protection document, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses", these provisions shall be followed when applying fertilizer to golf course practice and play areas,• (e) athletic fields at public parks and school facilities that apply the concepts and Rrinciples embodied in the Florida Green BMPs, while maintaining the health and function of their specialized turf areas: (f)vegetable gardens owned by individual property owners or a community,and trees grown for their edible fruit. Section 316.10. Training. (a) Within the time period set forth in section 316.12 of this Chapter, all Commercial Fertilizer Applicators and Institutional Fertilizer Applicators within Indian River County shall abide by and successfully complete the six-hour training`program in the "Florida-friendly Best Page 6 of 9 ORDINANCE NO.2013- Management Practices for Protection of Nater Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida-Friendly Landscapes"program,or an approved equivalent. (b) Private, non-commercial_applicators are encouraged to follow the recommendations of the UniversLt_y of Florida Institute of Food and Agriculture Sciences Florida Yards and Neighborhoods program when applying fertilizers. Section 316.11. General education program. The Public Works Department shall have an employee who shall address issues pertaining to this Chapter. This employee shall implement a program to inform the general public of the requirements of this chapter, which program shall include, among other things, informative postings on the County website,printing and distributing informative brochures and other print materials, and speaking engagements at community associations, civic organizations, etc. The program shall also include,to the extent practicable, use of any materials from the Be Floridian program and coordination and collaboration with University of Florida Institute of Food and Agriculture Sciences educational activities. Any claimed or alleged deficiency in the County's general education program shall not constitute a defense to any action brought to enforce the provisions of this chapter. Section 316.12. Licensing of commercial fertilizer applicators. (aa) No later than December 31, 2013, all Commercial Fertilizer Applicators within Indian River County,shall abide by and successfu ly complete tgjWgg and continuing education requirements in the "Florida-friendly Best Management Practices for Protection of(Yater Resources by the Green Industries." offered by the Florida Department of Environmental Protection through the University of Florida Institute of Food and Agriculture Sciences "Florida-friendly Landscapes" program, or an approved equivalent program, prior to obtaining an Indian River County Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the Indian River County Tax Collector's Office within 180 days of the effective date of this ordinance. (b) After December 31 2013 all Commercial Fertilizer Applicators within Indian River County shall have and carry in their possession at all times when appl iying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.117(18) Florida Administrative Code. (c) All businesses applying_fertilizer to turf and/or landscape plants(including but not limited to residential lawns golf courses commercial properties, and multi-family and condominium properties) must ensure that at least one employee has a "Florida-friendly Best Management Practices for Protection of Water Resources by the Green Industries"training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for gpy category of F eo, ,w mmwaas�oa� ..za„ u. ro, Page 7 of 9 ORDINANCE NO-2013- 012 occupation which may apply_any fertilizer to turf and/or landscape plants shall provide proof of completion of the program to the Indian River County Tax Collector's Office. Section 31.6.13. Enforcement. This chapter may be enforced by the Code Enforcement Officer in the Public Works Department who is devoted to issues pertaining to this Chapter, pursuant to Chapter 162, Florida Statutes, and §103.07 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 administration and enforcement of§403.9337, Florida Statutes, and the corresponding sections of this chapter, 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 gpplicators 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 M municipality which has adopted an ordinance regWating 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. Fu � u -"M 24A� Page 8 of9 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 186 day of July,2013,and on the 10th day of August, 2013 for an additional public hearing to be held on the 20`h 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 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 20'h day of August,2013. o,:yStililcfi:; BOARD OF COUNTY COMMISSIONERS moo; INDIAN RIVER COUNTY,FLORIDA eph .Flescher,Chairman o . T� ATTEST: Jeffrey R.Smith,Cldi1 ��'` Approved as to form and legal sufficiency: d ptroller r' By: L� Depu Clerk Dy4V5ke5ngold,County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of 22013. Pum.gnu+�GemuLtR.,a+.rmedth5owe .,nDn,MAet1Pe�,v O.�mv-7a1ezaJ� 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 the proper use of fertilizers in order to protect the water quality of Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies;and WHEREAS, the new fertilizer regulations require that the nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label;and WHEREAS, the new fertilizer regulations go into effect on October 14, 201:;and WHEREAS, in order to provide adequate time for the supply of fertilizer containing nitrogen that does not comply with these regulations to be eliminated, it is necessary to provide additional time for retailers to eliminate those supplies that meet at least a minimum threshold of slow release nitrogen, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,THAT: Section 1. Enactment Authority. Article VIII, SI of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas"clauses are true and correct, and hereby incorporates such clauses as findings of the Board. 7-.imp.n,r�n:F..\'fJiIL'77r...Aat....6 1.G,un.r.Wi.fir..rr.'f'rndrw>t l+w+b:.rt.rr timAs*(xJ�r.itcr Page 1 of 3 ORDINANCE NO. 2013- 014 Section 3. Amendment of Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County(the"Code"). Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance)of the Code is hereby amended as follows: Section 316.6. Fertilizer content and application rates. (b)As of the effective date of this chapter, the Pie nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 2538% slow release nitrogen per guaranteed analysis label. As of June 1. ?014, the nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label. Section 4. Amendment of Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County (the "Code"). Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance)of the Code is hereby amended as follows: Section 316.15. Applicability. This chapter shall be applicable to and shalt regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated area of Indian River County, unless such applicator is specifically exempted; pmvided, heiyeveF, !hat this-ehapt-e- shall flat apply tatter. 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 ordinwice shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. F t1/M'..rl^U.J.{Y..'E.41 L�%trm'wi.n+kC/nuwnxr.fkdnoic.af..k@'>v:lwvtG+In.r Firnli:n lTi"umr'<.J�c+ Page 2 of 3 f3 i 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 O'Bryan , and adopted by the following vote: Chairman Joseph E. Flescher Aye Vice Chairman Wesley S. Davis Aye Commissioner Peter D. O'Bryan Aye Commissioner Bob Solari Ave Commissioner Tim Zorc Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of October,2013. \�;�l,.• !�,fF. BOARD OF COUNTY COMMISSIONERS L.. , ;INDIAN RIVER COUNTY,FLORIDA ey: Aph E.�Flescher,Chairman ATTEST: Jeffrey R. Smith,Clerk of Court ' Approved as to form and legal sufficiency- and Comptroller By: Dep J Clerk eflan Reingold,County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2013. F':Otvnt)'lJtdn(if_\?7AIIA:cuJni•m h lbAYtfMlatiTf Mr�.NwsvN:•+ron hniLi-r ly8m.sc tkrr Page 3 of 3 APPENDIX C INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION F\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\APPENDIX C-IRC Traffic Engineering Special Conditions.doc r4 �ORTOp' INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION SPECIAL CONDITIONS: 1. All work performed under this permit shall be in accordance with the Florida Department of Transportation Design Standards (http://\v\vw.dot.state.FDOT 2016 Desipii Standards), Indices 600. The Manual on Uniform Traffic Control Devices, and Indian River County Typical Drawings, latest editions. 2. All special conditions listed are in addition to the attached Indian River County Traffic Engineering Regulations for Maintenance of Traffic. 3. It shall be the contractor's responsibility to contact Sunshine State One Call System (1-800-432-4770) at least 72 hours in advance of commencing construction work to coordinate traffic control and obtain locations of underground traffic signal conduit for the County's Computerized Traffic Signal Coordination System. 4. The contractor shall be responsible for using the applicable Traffic Control Plan for the type of work being performed. All job supervisors shall have a copy of the control plan on site at all times and shall be familiar with the correct set-up of the plan. 5. At least one lane of traffic shall be maintained at all times. One-lane traffic shall be controlled with at least two (2) flagmen. Flagmen shall use STOP/SLOW paddles at all times. Flags shall not be used for one-lane traffic control. 6. After proper notification to Traffic Engineering, consideration will be given to the contractor to close roadways to through traffic on a daily basis during daylight hours on narrow roadways where maintaining one-lane traffic would be difficult. The roadway shall be open to traffic at the end of each work day and on weekends. It shall be the contractor's responsibility to provide all necessary construction signs and traffic control devices to close the road and provide a detour route in accordance with Indian River County standards. Signing shall be installed that clearly indicates the time periods the road is closed to traffic. 7. There shall be no construction work after dark. 8. All open excavations shall be back filled before the close of each work day. \ F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.docx Rev 4/11/2016 Special Conditions for Right of Way Construction Page 2 9. A compacted roadway shall be provided at the end of each work day. Disrupted roadways shall be clearly marked as a construction area. 10.Refer to the attached Traffic Engineering Regulations for construction work on Indian River County roadways for maintenance of traffic inspection policy and procedure. Field inspection for work zone safety and maintenance of traffic will be coordinated by the Traffic Engineering Division. 11.All construction equipment, materials, etc. shall be stored outside of the clear zone. Equipment and construction materials that are stored within the clear zone shall be clearly marked with Type II barricades with flashing yellow lights. 12.All projects and work within Indian River County right-of-way shall have an approved Traffic Control Plan (TCP). All work shall be executed under the established TCP and Indian River County approved procedures. The TCP shall provide the proposed detour route,traffic control devices, and other pertinent information for the proposed project and shall be submitted for review and approval by the Public Works Department. The TCP shall be prepared by personnel with a minimum of an Intermediate Maintenance of Traffic current certification in the State of Florida. (Denote on the TCP, certification number and name of the certified personnel that prepared the MOT plan.) The FDOT Design Standards, Indices 600, 2015 do not include a Traffic Control Plan for a full road closure. For full road closures, a TCP is required to be submitted by the contractor a minimum of two (2) weeks prior to the proposed road closure. All traffic control devices shall be in accordance with the Florida Department of Transportation (FDOT) Design Standards, Indices 600, 2015, the Manual on Uniform Traffic Control Devices, 2009 Edition, and Indian River County Typical Drawings for Signing, Pavement Markings, and Geometrics, latest edition. 13.For full road closures, Portable Changeable Message Signs are required to pre-advertise the roadway closure, a minimum of seven (7) days in advance of the road closure and during the duration of the road closure. The use of Portable Changeable Message Signs for lane closures on thoroughfare plan roadways will be required. Messages are to be as approved by the Public Works Department and shown on the TCP. TRAFFIC ENGINEERING REGULATIONS Maintenance and Protection of Traffic: It shall be the responsibility of the contractor to provide for the maintenance and protection of traffic in accordance with the applicable indices in the most current edition of the Florida Department of Transportation Roadway and Traffic Design Standards and the Federal Highway Administration Manual on Uniform Trak Control Devices. The indices shall be considered the minimum standards and a more extensive work zone set-up or modifications may be required by the County Public Work Director or his designee for the protection of personnel in the work area as well as the traveling public. F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.docx Rev 4/11/2016 Special Conditions for Right of Way Construction Page 3 It shall be the responsibility of the contractor to ensure that all subcontractors are in full compliance with all traffic control regulations. It shall be the responsibility of the contractor working on County roadways or within Right-of-Ways to establish maintenance of traffic prior to any work being performed. The contractor shall frequently monitor the work zone set-up to ensure that all signing is properly placed and that warning signs remain at the proper advance posting distance from the work area. Any signs that do not apply to the work zone shall be removed or covered. The contractor shall remove the work zone set-up at the conclusion of the work. Traffic Engineering shall be notified twenty-four(24) hours in advance of any lane closings and ten (10) days in advance of any road closures. Lane closures are restricted to outside the normal peak hours of traffic, lane closures shall occur during the hours of 9:00 AM to 4:00 PM unless otherwise approved by the Public Works Director or his designee. Traffic Engineering staff shall inspect the Maintenance of Traffic prior to construction commencement to ensure compliance with the approved Traffic Control Plan. It is the policy of the Traffic Engineering Division to randomly monitor the contractor's compliance with all regulations while working on County roadways and within right-of-ways. Matters of public safety shall be attended to immediately upon notification by the County Public Work Director or his designee. If the contractor is found to be negligent in maintaining proper work zone set-up in accordance with the County's Right-of-Way ordinance (Chapter 312), the County Public Work Director or his designee shall impose penalties in the amount of$250.00 for working without the proper traffic control. Construction at or Near Signalized Intersections: The contractor shall have full responsibility for any work performed at or near any traffic signals in Indian River County. The contractor shall request that the County locate buried interconnect conduit and cable, loop sensors, and pull boxes prior to commencing construction. Any damage to the interconnect conduit, loop sensors, and pull boxes or any other traffic signal equipment shall be repaired at the contractor's expense. It shall be the responsibility of the contractor to notify Traffic Engineering Division 72 hours prior to any work being performed near a signalized intersection or flashing beacon. Once the proper notification and locate procedures are satisfied, the contractor working in or near signalized intersections or around traffic signal poles, signal cabinets, or flashing beacons shall be advised of the following regulations: 1. No excavation shall be performed within a 15-foot radius of any traffic signal pole. If excavation is necessary within a 15-foot radius, it will be the contractors responsibility to provide the following: a. In a manner approved by the County Public Works Director or his designee, the contractor shall provide constant support of the traffic signal pole to prevent movement during excavation and backfill operations. F-\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use Field\Admin\bid documents\Master Contract Documents\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.docx Special Conditions for Right of Way Construction Page 4 b. Compaction around the excavation site to a 98% density, bringing the backfill up in 1 foot lifts. c. Density reports from a licensed testing company provided to the County Public Works Director. d. Restore the traffic signal and all support equipment to original condition or better. 2. There shall be no pavement cuts made within 500 feet of a signal or flashing beacon without contacting Indian River County Traffic Engineering Division at (772-226-1547), 72 hours prior to construction. 3. Any traffic signal, loop sensors, conduit, interconnect cable, or any support equipment damaged by a contractor shall be repaired/replaced at the contractor's expense. 4. Any contractor that works at or in the vicinity of a signalized intersection shall have full responsibility for any liability incurred by causing damage to signal equipment that results in the failure of the traffic signal functions. If such a failure occurs, the contractor shall notify the police and the Traffic Engineering Division immediately at (772-226-1547). F•\Public Works\ENGINEERING DIVISION PROJECTS\1425-S County Park-General Use FieldWdmin\bid documents\Master Contract Documents\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.docx Rev 4/11/2016