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2014-154A.
I CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ROSELAND LAKE CLEARING AND DREDGING BID NO. 2014051 PROJECT NO. 1219 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PETER D. O'BRYAN, CHAIRMAN - WESLEY S. DAVIS, VICE CHAIRMAN COMMISSIONER JOSEPH E. FLESCHER COMMISSIONER BOB SOLARI COMMISSIONER TIM ZORC JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD, COUNTY ATTORNEY CHRISTOPHER R. MORA, P.E., PUBLIC WORKS DIRECTOR CHRISTOPHER J. KAFER, JR., P.E., COUNTYENGINEER MICHAEL D. NIXON, P.E., ROADWAY PRODUCTION MANAGER AsCDE vILL; M K.D;_:5 tPAL ji'Y4C?LIt�fYXT'T' 1E 00001 -Project Title Page- REV 04-07.doc 00001 -1 F\Public Works\ENGINEER ING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00001-Project Title Page- REV 04-07.doc TABLE OF CONTENTS I Section-No. Title i 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 j 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 j 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 EJC.DC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\00010-Table of Contents-REV 04-07.doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 -TECHNICAL PROVISIONS APPENDIX A- GEOTECHNICAL REPORT APPENDIX B - FERTILIZER ORDINANCES APPENDIX C - PROJECT REPORT f + + END OF TABLE OF CONTENTS + + 00010-2 F-\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmim\Master Contract Documents\00010-Table of Contents-REV 04-07.doc SECTION.00100 -Advertisement for Bids _BOARD OF COUNTY COMMISSIONERS 180127' Street Vero Beach, Florida 32960 gIVE� Z y ORl Telephone: (772) 567-8000 FAX: (772) 770-5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 P.M. on Wednesday, October 8, 2014. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "ROSELAND LAKE CLEARING AND DREDGING and Bid No.2014051. 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. 1219 INDIAN RIVER COUNTY BID NO. 2014051 PROJECT DESCRIPTION: The project consists of the clearing of trees, brush, cattails and other exotic vegetation, excavation and dredging of the existing lake bottom to a depth of 3 to 5 feet below the existing lake bottom, re-grading of the lake bank, and the removal and replacement of drainage culverts. 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(aD-ircgov.com. All other communications concerning this bid shall be directed to IRC Purchasing Division at purchasing(d)-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 5� of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter in a 00100-Advertisement for Bids REV 04-07 doc 00100-1 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00100-Advertisement for Bids REV 04- 07.doc 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 Pre-Bid Conference will be held on September 17, 2014 at 10:00 A.M., in room Al-303 in the Public Works Department Indian River County Administration Building located at 1801 27`h Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED. INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication in the Indian River Press Journal Date: August 27, 2014 For: Indian River Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building "B" Vero Beach, FL 32960 * * END OF SECTION 00100-Advertisement for Bids REV 04-07 doc 00100-2 F'\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00100-Advertisement for Bids REV 04- 07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. -Title Page ARTICLE 1 - DEFINED TERMS ............................................................................................. 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS................................................................ 1 ARTICLE 3-- QUALIFICATIONS OF BIDDERS......................................................................1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, 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 ........................... .... .......................6 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...................... ... ...................................... .......................9 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE ...........................................9 ARTICLE 19 -AWARD OF CONTRACT ................................................................................9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE ................ ...................... .......... 10 ARTICLE 21 - SIGNING OF AGREEMENT............................................................................ 10 00200-Instructions to Bidders REV 04-07.doc 00200-i F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master 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 Copies of 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 Qualifications of Bidders............................................................................................................ 3 Signingof Agreement. .............................................................................................................21 Siteand Other Areas.................................................................... .............................................6 Subcontractors, Suppliers and Others......................................................................................12 Submittalof.Bid ....................................................... .. .................... . .....................................15 Substitute'or"Or-Equal" Items.................................................................. ..............................11 00200-Instructions to Bidders REV 04-07.doc 00200-ii IF Tublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Ndmim\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER. B. Issuing Office--The office from which the Bidding Documents are to.be issued and where the bidding procedures are to be administered. C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing-Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. -B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 00200-Instructions to Bidders REV 04-07 doc 00200-1 FAPublic Works\ENGINEE RING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev 05/01 3.02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 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. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or 00200-Instructions to Bidders REV 04-07.doc 00200-2 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovemM ents\Admirn aster Contract Documents\00200-Instructions to Bidders REV 04-07 doc Rev 05/01 unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Upon a request directed to the ENGINEER (Michael D. Nixon, P.E. 772-226-1986), OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 "[This paragraph has been deleted intentionally]" 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AFTER CONTACTING THE ENGINEER (MICHAEL D. NIXON, P.E., (772) 226-1986) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead, surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, .progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; 00200-Instructions to Bidders REV 04-07.doc 00200-3 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmimWaster Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev 05/01 G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 The date, time, and location for a 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 highly encouraged 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 (purchasing(cD_ircgov.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 00200-Instructions to Bidders REV 04-07.doc 00200-4 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev 05101 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. 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. 00200-Instructions to Bidders REV 04-07.doc 00200-5 F\Public Works\ENGINEER ING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00200-Instructions to Bidders REV 04-07 doc Rev 05101 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal' items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 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. 00200-Instructions to Bidders REV 04-07.doc 00200-6 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev 05/01 13.03 A.Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price .Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of,the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will.be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and .profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 00200-Instructions to Bidders REV 04-07 doc 00200-7 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05/01 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data- A. 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. 00200-Instructions to Bidders REV 04-07.doc 00200-8 F.\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05101 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. ARTICLE 19 -AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an,award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19 03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the-Bid Form or prior to the Notice of Award. It is the OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of.Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 00200-Instructions to Bidders REV 04-07.doc 00200-9 F-\Public M Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn aster Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev 05/01 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to Public Construction Bond and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bond, unless the Bond has been waived due to the total contract being less than $100,000. ARTICLE 21 - SIGNING OF AGREEMENT 21 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21.02 OWNER shall return one fully signed counterpart to Successful Bidder. 21.03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21.01 above, the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires. * * END OF SECTION 00200-Instructions to Bidders REV 04-07 doc 00200-10 FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00200-Instructions to Bidders REV 04-07 doc Rev.05101 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 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.doc 003001 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmirnWaster Contract Documents\00300-Bid Package Contents-REV 04- 07.doc SECTION 00310 - Bid Form hv%opy PROJECT IDENTIFICATION: Project Name: Roseland Lake Clearing and Dredging County Project Number: 1219 Bid Number: 2014051 Project Address: 126th Street and 79th Avenue Sebastian, Florida Project Description: The project consists of the clearing of trees, brush, cattails and other exotic vegetation, excavation and dredging of the existing lake bottom to a depth of 3 to 5 feet below the existing lake bottom, re-grading of the lake bank, and the removal and replacement of drainage culverts. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 180027 th 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 09/11/2014 #1 09/29/2014 #2 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.doc 00310-1 RTUblic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmimWlaster Contract Documents\00310-Bid Form REV 04-07.doc Rev. 05116101 Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.; Bidder has not solicited or.induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310-Bid Form REV 04-07.doc 00310-2 FAPubtic Works\ENGINEERING DIVISION PROJECTS%1219-Roseland Lake ImprovementsWdmirnWaster Contract Documents\00310-Bid Fonn REV 04-07.doc Rev. 05/16/01 BID FORM PROJECT NAME:ROSELAND LAKE CLEARING AND DREDGING IRC PROJECT NO./BID NO.:1219/2014051 BIDDER'S NAME MANCIL'S TRACTOR SERVICE,INC. "' %C'�.�'ry' ��".y pTS:: -�:.%i;.E'.5"9;T'�+w'.'zs„e� .'^�,'�n:,�%u'�'.,^�'F`.�+t:2r. „3t',,�` "'�'!`�T.�..-sy,.> ..+;u�",�'"e'.;...�'r-'`r1��s;,F.mra�i'-Y r"r�".�n`"r• s s cz,gam +.�n; m011nt�' =r Al,' ROADWAY IMPROVEMENTS 101-1 MOBILIZATION 1 LS $10,000.00 $10,000.00 102-1 MAINTENANCE OF TRAFFIC 1 LS $2,500.00 $2,500.00 104-1 EROSION&WATER POLLUTION CONTROL 1 LS $5,000.00 $5,000.00 108-1 RECORD DRAWINGS/AS-BUILTS 1 LS $3,190.00 $3,190.00 110-1-1 CLEARING&GRUBBING 1 LS $15,000.00 $15,000.00 120-5 LAKE EXCAVATION 4,856 CY $20.00 $97,120.00 120-6-1 EMBANKMENT COMPACTED IN PLACE 779 CY $10.00 $7,790.00 430-174-108 PIPE CULVERT 8" HDPE 40 IF $40.00 $1,600.00 430-174-112 PIPE CULVERT 12" ACMP 48 LF $50.00 $2,400.00 430-174-115 PIPE CULVERT 18" ACMP 12 LF $120.00 $1,440.00 PERFORMANCE TURF-SOD(BAHIA) (INCLUDES:TOP $4.00 $12,420.00 570-1-1 SOIL, FERTILIZER,AND WATERING) 3,105 SY PERFORMANCE TURF-SOD(ST.AUGUSTINE) $5.00 $2,440.00 570-1-2 (INCLUDES:TOP SOIL, FERTILIZER,AND WATERING) 488 SY ROADWAY IMPROVEMENTS SUB TOTAL $160,900.00 MISCELLANEOUS TRENCH SAFETY COMPLIANCE(OVER 5')(SEE SEC. $10.00 $10.00 801 00454) 1 LS TRENCH SAFETY COMPLIANCE(SHORING)(SEE SEC. $10.00 $10.00 802 00454) 1 LS 803 PUBLIC CONSTRUCTION BOND 1 LS $2,650.00 $2,650.00 FA-1 FORCE ACCOUNT 1 LS 20,000.00 20,000.00 MISCELLANEOUS SUB TOTAL $22,670.00 OVERALL PROJECT TOTAL $1$3,570.00 TOTAL PROJECT BID AMOUNT(IN WORDS):ONE HUNDRED EIGHTY THREE THOUSAND FIVE HUNDRED SEVENTY DOLLARS AND NO CENTS. NOTE:IF THERE IS A DISCREPANCY BETWEEN THE PLANS(SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE.THE BID SCHEDULE WILL GOVERN. LS=Lump Sum LF=Linear Foot SY=Square Yard TN=Ton CY=Cubic Yards F:\Public Wotk51ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract DocumentsUtemized Bid Schedule-1219.)ds 003103 i 6.01 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 11.03.6 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6:02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Itemized Bid Schedule B. Required Bid security in the form of 5916 BID BOND C. Sworn Statement Under the Florida Trench Safety Act; D. Sworn Statement on Disclosure of Relationships E. Qualifications Questionnaire; F. List of Subcontractors; 00310-Bid Form REV 04-07.doc 00310-4 F•XPublic Works\ENGINEERING DIVISION PROJECTSM19-Roseland Lake Improvements'AdmirnWaster Contract Documents\00310-Bid Form REV 04-07.doc 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on OCTOBER8 ' 2014 State Contractor License No. CGC 1518859 If Bidder is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) t. Doing business as: Business address: Phone No.: FAX No.: A Partnership Partnership Name: (SEAL ) By: (Signature of general partner--attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No.: A Corporation Corporation Name: MANCIL'S TRACTOR SERVICE,INC. (SEAL) State of Incorporation: FLORIDA Type(G I Bu si eS Professional, S ice, Limited Liability):GENERAL BUSINESS By: nature--attach evidence of uthority to sign) Name ed or printed): co ' ' (typed p )• DON R.MANCIL,JR. �• ��, : ��-.�r^ 11; ti• ,'S`,5 PRESIDENT C`.'; SEAL Title: .�;° v� CORP` RATE SEAL Attes 1 i (Signature of Corporate Secreta ) �r _ •• �� OF0 9L Business address: 4551 SE HAMPTON COURT,STUART,FL 34997 Phone No.: (772)288-0951 FAX No.: (772)2W0983 Date of Qualification to do business Is NOVEMBER 17,1994 00310-Bid Form REV 04-07.doc 00310-5 F1Public Works\ENGINEERING DIVISION PROJECTS\1219.Roseland Lake ImprovementsWdmirnwasterContract DowmentA00310-Bid Form REV 04-07.doc A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner--attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Joint Venture Name: (SEAL) By: (Signature--attach evidence of authority to sign) Name(typed or printed): Title: Business address: Phone No.: FAX No.: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) **-END OF SECTION 00310-Bid Form REV 04-07.doc 00310-6 1"Tublic Works\ENGINEERING DIVISION PROJECTSN219-Roseland Lake Improvements\AdmirnWaster Contract Dbcumentsl00310-Bid Form REV 04-07.doc Document A310 TM - .2010 Conforms with The American Institute of Architects AiA Document 310 Bid Bond CONTRACTOR: SURETY: (Nirme,legals/a/us mrd address) (,Name,legal slants turd principal place r fhrceiness) Mancil's Tractor Service, Inc. Fidelity and Deposit Company of Maryland This document has important 4551 SE Hampton Court 1400 American Lane,Tower I, 18th Floor legal consequences.Consultation Stuart, FL 34997 Schaumburg, IL 60196-1056 with an attorney is encouraged with respect to its completion or OWNER: modification. (,'Fame,legal status mad adafress) Any singular reference to Indian River County Board of County Commissioners Contractor,surety,Owner or other-party shall be considered 1800 27th St. plural where applicable. Vero Beach, FL 32960 BOND AMOUNT: $ 5% Five Percent of Amount Bid PROJECT: (Name,location or address mrd Project roan her,iforij Roseland Lake Clearing and Dredging Project#1219, Bid#2014051 The Contractor and Surety arc bound to lite Owner in Ibe amount set forth above,for the payment of which the Contractor and Surety bind themselves,their hairs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the tine specified in the bid documents,or within such tittle period as may be agreed to by ilia Owner and Contractor,and the Contractor either(1)enters into a contract with ilia Owner in accordance with the terns of such bid,and gives such bond or bonds as may be specified ill the bidding or Contract Documents,with a surety admitted in the,jurisdiction of file 11roiect and otherwise acceptable to the Owner,for the faithful performance of such Contract and for ilia prompt payment of labor and material fumislied in the prosecution thereof:or(2)pays to ilia Owner the difference,not to exceed the aniount of this Bond,between the aniount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in[lull force and eftlect.The Surety hereby waives any notice ol'an agreement between the Owner and Contractor to extend the line in which the Owner may accept the bid.Waiver ol'notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond ilia time lin acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain(lie Surety's consent lin an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the tern Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deenied to be Contractor. When(his Bond has been furnished to comply with a statutory or other legal requirement in the location ol'the Pr)ecL any provision in this Bund conflicting with said statutory or legal requirement shall be decried deleted herelrmn and provisions conflonning to such— , statutory,or other legal requirement shall be deemed incorporated herein.When so liumished,the intent is that this Bund shall-b opnsfrue n tN as a statutory bond and not as a common law bond. � Signed and scaled this 26th day of September, 2014 Mancil's Tractor Service, Inc. (Principal) "(Seal) s� By. a ire) Fidelity and Deposit Company of Maryland (Sunray) (lt'i[ncsa) ni er Stephens 7 tle)K vin ojtowicz Attorney-in-Fact S-0054/AS 8/10 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Kevin WOJTOWICZ,Glenn ARVANITIS and John R.NEU,all of St.Petersburg,Florida, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of May,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND D WO S to EAL Ir1; Assistant Secretary Vice President Eric D.Barnes Thomas 0.McClellan State of Maryland City of Baltimore On this 24th day of May,A.D.2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that helshe is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. `aa�aaloa yi�� J IIh111111aa Constance A.Dunn,Notary Public My Commission Expires:July 14,2015 POA-F 031-00221 J EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attornevs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this&h day of ryo*Mbw 20B_. '�V DLIps� G►1��(/24y - vi.( ti ,p'rW4,0 :�Q'•Gp^�f�'\L�{P: MMS O 8RAL_ _ t s e O ti.n. I"ylC,` Geoffrey Delisio,Vice President 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.2014051 for Roseland Lake Clearing and Dredging 2. This sworn statement is submitted by: MANCIL'S TRACTOR SERVICE,INC. (Name of entity submitting Statement) whose business address is: 4551 SE HAMPTON COURT,STUART,FL 34997 3. My name is DON R.MANCIL,JR. (Please print name of individual signing) and my relationship to the entity named above is PRESIDENT 4. I understand that an"affiliate"as defined in Section 105.08,Indian River County Code, means: The term"affiliate" includes those officers, directors,executives,partners, shareholders,employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmirnWaster Contract Documents\00452 Disclosure of Relationshlps.doc =The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee NONE • 1 (Signature)/ Q F- 'AL C 7 OCTOBER 8,2014 (Date) FLORIDAi" STATE OF COUNTY OF MARTIN The foregoing instrument was acknowledged before me this 8TH day of OCTOBER ZO 14 by DON R.MANCIL,JR. ,who is personally known to me or who has produced as identification. NOTARY PUBLIC eot�a�P:;e��c WANDA SUE SMART /LJ tOl C _ * * MY COMMISSION i FF 097934 SIGN: � _. N, or gnj9�'J. EXPIRES:April 25,2018 WANDA SUE SMART gr,O.",3-e BondedThru Budget Notary Services PRINT: Notary Public, State at large -'My Commission Expires: 04/25/2018 (Seal) 00452-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00452 Disclosure of Relationships.doc i 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. 1219 for Roseland Lake Clearing and Dredginq 2. This Sworn Statement is submitted by MANCIL'S TRACTOR SERVICE,INC. (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER's address is BIDDER's Federal Employer Identification Number(FEIN) is 65-0546351 3. My name is DON R.MANCIL,JR. and my relationship to the BIDDER (Print Name of Individual Signing) is PRESIDENT (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et.seq. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of$10.00 based on the linear feet of trench to be excavated over five (5)feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: OPEN CUT PER OSHA STANDARDS AND/OR TRENCH BOX PER OSHA STANDARDS 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$100.00 based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: SHORING PER OSHA STANDARDS 00454-Florida Trench Safety Act-REV 04-07.doc 00454-1 R%Public Works\ENGINEERING DIVISION PROJECTS11219-Roseland Lake ImprovementsWdmim\Master Contract Documents100454-Florida Trench Safety Act-REV 04- 07.doc I 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: MANCIL'STRACTOR SERVICE,INC. By: 2/" Position or Title: PRESIDENT Date: I t7 I � �► y STATE OF FLORIDA COUNTY OF MARTIN Personally appeared before me, the undersigned authority, DON R.MANCIL,JR. who after first being sworn by me, affixed his/her signature in the space provided above on this 8TH day of OCTOBER 2014 �ot.arPue`c WANDASUESMART- MY COMMISSION It F EXPIRES:April Z5,,2018 2018 Notary Public, State at large �r'rEOFft` BondodihruBudpetNotary Servim My Commission Expires: y`-Lc 120 k-% **END OF SECTION 00454-Florida Trench Safety Act-REV 04-07.doc 00464-2 F.Tublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementMAdmim\Master Contract DocumentsX00454-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: 1219 Project Name: -Roseland Lake Clearing and Dredging 1. Bidder's Name/Address: MANCIL'S TRACTOR SERVICE,INC. 4551 SE HAMPTON COURT,STUART,FL 34997 2. Bidder's Telephone & FAX Numbers: (772)288-0951 OFFICE/(772)268-0983 FAX 3. Licensing and Corporate Status: a. Is Contractor License current? YES b. Bidder's Contractor License No: CGC 1516859 [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 19 YEARS 5. What is the last project OF THIS NATURE that the firm has completed? VERO ISLES CANAL DREDGING 6. Has the firm ever failed to complete work awarded to you? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the-project name, Owner, and the Owner's-telephone number for each project in which the firm failed to complete the work.] 7. -Has the firm ever been assessed liquidated damages? NO [If your-answer is"yes", then attach a separate..page to this questionnaire that explains the circumstances and list-the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged-by OSHA for violating any OSHA regulations? NO [If your answer is "yes", then attach a separate page to this.questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 00456-Qualifications Questionnaire.doc 00456-I R\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Hdmim\Master Contract Documents\00456-Qualifications Quesbonnaire.doc 9. Has the firm ever been charged with noncompliance of any public policy or rules? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 10. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 11. Has the firm ever defaulted on any of its projects? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 12. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 13. Name of person who inspected the site of the proposed work for the firm: RICK MANCIL 09/17/2014 Name: Date of Inspections: 14. Name of on-site Project Foreman: BRIAN HEARNDON Number of years of experience with similar projects as a Project Foreman: 20 YEARS 15. Name of Project Manager: DARRELL HAMPTON Number of years of experience with similar projects as a Project Manager: 20 YEARS 16. State your total bonding capacity: $40,000,000.00 17. State your bonding capacity per job:$20,000,000.00 18. Please provide name, address, telephone number, and contact person of your bonding company:BRETT ROSENHAUS;-NIELSON,WOJTOWICZ,NEU&ASSOCIATES, 1000 CENTRAL AVENUE,SUITE 200,ST..PETERSBURG,FL 33705(561)713-1454 [The remainder of this page was left blank intentionally] 00456-Qualifications Questionnaire.doc 00456-2 F:Tublic Works%ENGINEERING DIVISION PROJECTS11219-Roseland Lake Improvements\AdmirnWaster Contract Documents100456-Qualifications Questionnaire.doc 19. Complete the following table for SIMILAR projects: Date Contact Person: Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount VERO ISLE CANAL DREDGING 06/2012 CITY OF VERO BEACH DON DEXTER (772)978-4872 $129,200.00 $133,342.00 DAN FORTH CREEK 05/2013 MARTIN COUNTY BOARD OF GREG NOLTE COUNTY COMMISSIONERS (772)288-2381 $1,493,431.65 $1,561,277.87 US HWY 1&BRITT ROAD INTERSECTION MARTIN COUNTY BOARD OF BOBBY BYRD IMPROVEMEN11/2013 TS COUNTY COMMISSIONERS (772)221-2300 $1,098,731.34 $1,163,144.80 CARTER PARK WATER,SEWER& MARTIN COUNTY BOARD OF GEORGE DZAMA 06/2013 DRAINAGE IMPROVEMENTS COUNTY COMMISSIONERS (772)463-2837 $2,205,193.34 $1,939,577.95 SW 2ND STREET BEAUTIFICATION 03/2014 CITY OF DELRAY BEACH RAFAEL BALLESTERO PROJECT (561)243-1297 $976,767.82 $940,734.01 MAINTENANCE FACILITY PARKING 10/2013 TOWN OF JUPITER SCOTT ISBERNER IMPROVEMENTS (561)741-2281 $92,345.00 $89,800.70 LA MANCHA AVENUE BIKE PATH 03/2012 VILLAGE OF ROYAL PALM CHRIS MARSH BEACH (561)790-5161 $534,333.53 $532,926.11 C-41A CANAL BANK STABILIZATION 11/2011 SOUTH FLORIDA WATER UESI-DAVID LICKLITER MANAGEMENT DISTRICT (772)337-3116 $1,629,000.00 $1,629,000.00 LOVE'S TRAVEL STOP#467 06/2014 HARMAN CONSTRUCTION BILL WILSON (817)336-5780 EXT.314 $2,967,731.49 $4,632,587.79 VITALIA @ TRADITIONS 08/2014 DICKY SMITH&COMPANY DICKY K220 IT 0 $790,000.00 $878,637.00 WEST WABASSO SEWER&DRAINAGE06/2013 INDIAN RIVER COUNTY CHRIS KAFER IMPROVEMENTS (772)226-1221 $826,869.25 $828,446.47 FORTENBERRYREGIONAL STORMWATER BREVARD COUNTY NATURAL 3 IMPROVEMENTS 06/2014 RESOURCES MANAGEMENTEME TDEPT. ( 21)3320 $2,221,300.00 $2,328,113.36 PBOI MEDICAL CAMPUS 0712014 PRESTIGE CONSTRUCTION& MIKE SHUBERT DEVELOPMENT,LLC (561)844-3563 $684,669.53 $679,970.32 ST LUCIE COUNTY AIRPORT TAXIWAY Al 06/2014 DIVISION)UCIE COUNTY(AIRPORT BUN)1G27 T 2L� $494,859.45 $465,644.72 00456-Qualifications Quesxionnaire.doc 00456-3 F:1Public Works\ENGINEERING DIVISION PROJECTS11219-Roseland Lake ImprovementsWdmirnWaster Contract Documents10D456-Qualifications Questionnaire.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.] v By: , (Signature) DON R.MANCIL,JR.,PRESIDENT (Position or Title) OCTOBER 8,2014 (Date) ** END OF SECTION ';jb. 2, 00456-Qualifications Questionnaire.doc 00456-4 RAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmirnWaster Contract Documents\00456-Qualifications Quesbonnaire.doc STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION- . CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 MEHAFFEY,TIMOTHY F - - MANCIUS TRACTOR SERVICE, INC. 266 NW PEACOCK BLVD, UNIT 204 PORT ST LUCIE FL 34986 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, '4 and they keep Florida's economy strong. DERAFtTMENT:OF BUSINESS AND ESSIONA , PROF L`',REGULATION Every day.we work to improve the way we do business in order to CGC1518859 .y.5 • . ,ISSUEp 08/18/2014 serve you better. For information about our services,please log onto =:: t'= -'= �' www.myfloridalicense.com. There you can find more information Y about our divisions and the regulations that impact you,subscribe ze CERTIFIED GENERALCONTRAC>. QR to department MEHAFFEY,TIN!©THYF�4=�w p nt newsletters and learn more about the Departments initiatives. MANCIUSTRAt-T, SERVICE; 01 jr mission at the Department is:License Efficiently,Regulate Fairly. <.;,• _"'3I �. L :onstantly strive to serve you better so that you can serve your 'ari;,1,f!", __.omers. Thank you for doing business in Florida, IS CERTIFIED-under the Provisions of Ch.489 FS. and congratulations on your new license! ExPliarori dale=MG 35-1,2 016 L140 8GODIS79 DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY - ......._._. 'STATE-OF FLORIDA DEPARTMENT:OF BUSINE$S,AND�PROFESSIONAL REGULATION _ - CONSTRUCTION INDU_STRY.LICENSING'BOARD � :CGG 1518859 T.:he-GENERAL•CONTRACTOR NAnied-below IS-CERTIFIED Underahe;provisions of Chapter 489 FS. Ezpiration•:d6ke AUG 31,2016 tq MEHAFFEY TIIVIOTHY•F "`•`���•�= MAN.112S TRA-;T:,OR:SERVICEi;'INC. ". 4551,SE-H AMPTON';COURT . , .,_., STUART. ' _ FL 34.997.` .•...__. -�.� + � -A=; n; ,�..y_ , `` :;,� _ - .. _ •' ,.:.�:- •ti``',.- .�;.: .�-,�__ ..moi>r - •,�:°.-�., 1.•. ' -. • • ___......yl�i:,�.,,°+.. :..r•M. ..—'t i �M....�:_�_._. .w..2:� - :µ..4r� 4a ,V1:.-•f 0• _ _ IRRI wn• nMR/imd nlCpi AY A.q RFf11 IIRFn RY I AIA/ RF00 I UnRiAnnn•Ira4 07-11-'14 10:47 FROM-IBC BUILDING DEPT. 772-770-5333 T-502 P0001/0002 F-069 "DPR2307-Qualifier Certification Information CERT NRR: 9523 QUALIFIER: 9523 MANCIL,.JR., DON g-ASS CO E: 9560 GRADING/PAVING(COMMERCIAL), UNLIMITED C S-,.. 1E NBR: COUNTY COMP CAR 523 STATE EXP LIw E P WC EXP ORIG ISSD RENEWAL EXPIRES 2/4/2015 12/31/2014 7/31/2015 DBA: MANCIVS•TRACTOR SERVICE, INC. WC EXEMPT: N OL EXEMPT: N ADDRESS 4551 SE HAMPTON COURT CITY: STUART FL 34997 PHONE: (772)288-0951 FAX: (772)288-0983 NOTE:This competency card,issued by the Indian River County/City of Vero Beach.Building Department, authorizes worst for the class code stated,for the unincorporated-areas of Indian River County and the City of Vero 0,' •h onlyAt does not-authorize work-for the City of'Sebastian,Indian River Shores,Town of Orchid,or the City of F`...smere. It Is the contractoe svesponsibility-to maintain this card in a current status by providing Certificates of Insurance, current address-and telephone number information,and renewing this card annually as required. 'Indian River County Contractor Licensing 1`801,27th Street,Vero°Beach,FL 32960 (772)'567-8000,EXt. 1800 =RADINWAVING•(COMMERCIAL),UNLIMITED,CONTRACTO Cert'Nbr:9523 Exp:7/3112015 Status:ACTIV.E State Nbr: Exp: MANCIL'S'TRACTOR SERVICE, I �MANCIL,JR., DON 4551 SE HAMPTON COURT STUART, FL 34997 Signed: Detail,by Entity Name Page 1 of 2 s 1 ' ► �' ' ' 1 'w� Detail by Entity Name Florida Profit Corporation MANCIL'S TRACTOR SERVICE, INC. Filing Information Document Number P94000084863 FEI/EIN Number 650546351 Date Filed 11/17/1994 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/04/2012 Event Effective Date NONE Principal Address 4551 S.E. HAMPTON COURT STUART, FL 34997 Changed: 09/26/2001 Mailing Address 4551 S.E. HAMPTON COURT STUART, FL 34997 Changed: 09/26/2001 -Registered Agent Name &Address LANDRY, CAROLE 4551 SE HAMPTON COURT STUART, FL 34997 Name Changed: 04/25/2008 Address Changed: 04/01/2004 Officer/Director Detail Name &Address Title PRES MANCIL, DON RJR httD:Hsearch.sunbiz.orggnauirv/CornorationSearch/SearchResultDetaii/EntitvName/dome-t)94000... 10/7/2014 Detail by Entity Name Page 2 of 2 4551 SE HAMPTON COURT STUART, FL 34997 Annual Reports Report Year Filed Date 2012 10/04/2012 2013 02/07/2013 2014 01/13/2014 Document Images 01/13/2014 --ANNUAL REPORT View image in PDF format 02/07/2013--ANNUAL REPORT View image in PDF format 10/04/2012 -- REINSTATEMENT View image in PDF format 02/25/2011 --ANNUAL REPORT View image in PDF format 03/29/2010--ANNUAL REPORT View image in PDF format 03/24/2009 --ANNUAL REPORT View image in PDF format 04/25/2008 --ANNUAL REPORT View image in PDF format 10/09/2007 -- Name Change View image in PDF format 04/26/2007 --ANNUAL REPORT View image in PDF format 05/03/2006 --ANNUAL REPORT View image in PDF format 05/10/2005 --ANNUAL REPORT View image in PDF format 04/01/2004 --ANNUAL REPORT View image in PDF format 03/10/2003 --ANNUAL REPORT View image in PDF format 01/28/2002 --ANNUAL REPORT View image in PDF format 09/26/2001 --ANNUAL REPORT View image in PDF format 03/02/2001 --ANNUAL REPORT View image in PDF format 02/28/2000 --ANNUAL REPORT View image in PDF format 04/02/1999 --ANNUAL REPORT View image in PDF format 01/16/1998 --ANNUAL REPORT View image in PDF format 05/12/1997 --ANNUAL REPORT View image in PDF format 04/18/1996 --ANNUAL REPORT View image in PDF format Coovrioht©and Privacy Policies State of Florida,Department of State bttn.//search.sunbiz_nrg/Tnauiry/ComnrationSearcb/SearchRe-,nitl)etail/F,ntitvName/damn-n9400(1_.. 10/7/9,014 MANCIL'S TRACTOR SERVICE, INC. FINANCIAL STATEMENTS DECEMBER 31,2013 u _ N \ Gam. >> t a Don R. Mancil, Jr., President 9�9-4 State of Florida aS"f • °� �` County of Martin SWORN TO AND SUBSCRIBED BEFORE ME this 24th day of September, 2014, by Don R. Mancil, Jr.who is personally known to me. (NOTARY SEAL) �SMd� Wanda Sue Smart Notary State of Florida i Berk P.A. Certified countants Stuart,Florida MANCIUS TRACTOR SERVICE, INC. TABLE OF CONTENTS INDEPENDENT AUDITOR'S REPORT ........................................................ 1 FINANCIAL STATEMENTS: Balance Sheet ..................................................................................... 3 Statement of Income ..................................................................... 5 Statement of Changes in Retained Earnings 6 Statement of Cash Flows ......................................................................... 7 Notes to Financial Statements ................................................................... 8 SUPPLEMENTARY INFORMATION: Schedule I-Earnings from Contracts............................................................. 20 Schedule II- Selling and Administrative Expenses............................................... 21 Schedule III- Contracts in Progress.................................................................. 22 Schedule IV- Completed Contracts.............................................................. 24 j Berkowitz & Huff, PA Certified Public Accountants INDEPENDENT AUDITOR'S REPORT To the Board of Directors of Mancil's Tractor Service, Inc. Stuart,Florida Report on the Financial Statements We have audited the accompanying financial statements of Mancil's Tractor Service, Inc. (an "S" Corporation), which comprise the balance sheet as of December 31, 2013, and the related statements of income and retained earnings and cash flows for the year then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments,,the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design.audit procedures that are appropriate in the circumstances,but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, .as well as evaluating the overall presentation of the financial statements. 616 S.E. Dixie Highway 0 Stuart, FL 3499410 772-283-7404• Fax'772-463-8467 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Mancil's Tractor Service, Inc. as of December 31, 2013, and the results of its operations and its cash flows for the year then ended in conformity with accounting principles.generally accepted in the United States of America. Report on Sumtna•izetl Comparative Information The prior year summarized comparative information has been derived from our Mancil's Tractor Service, Inc.'s December 31,2012 reviewed financial statements. - Report on Sttpplemenany Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The supplementary information included in the accompanying Schedules I through IV, are presented for purposes of additional analysis and are not a required part of the financial statements. Such information is the responsibility of the Company's management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain _ additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole. Berkowitz& Huff,P.A. April 25,2014 '616 S.E.'Dixie Highway*StuartFL 34994. 772-283-7404• Fax 772-463-8467 9 Y MANCIL'S TRACTOR SERVICE, INC. Balance Sheet as of December 31, 2013 (With Comparative Totals as of December 31, 2012-Reviewed) 2013 2012 (Audited) (Reviewed) ASSETS: Current assets Cash and cash equivalents $ 436,451 $ 667,993 Equipment deposits - 20,000 Prepaid expenses 1,382 19,988 Inventory 6,000 - Contracts receivable,net 4,554,522 2,069,118 Costs and estimated earnings in excess of billings on uncompleted contracts 327,846 37,992 Other notes receivable 1,067 3,163 Total current assets 5,327,268 2,818,254 Fixed assets Transportation equipment 2,095,518 1,563,367 Office furniture and fixtures 25,300 25,300 Machinery and equipment 3,793,089 3,263,214 Buildings 189,214 189,214 Leasehold improvements 80,599 80,599 Land 187,104 180,019 Total fixed assets 6,370,824 5,301,713 Less:-accumulated depreciation 3,728,652 2,994,164 Net fixed assets 2,642,172 2,307,549 Other assets Deposits 234 - Loans to stockholders - 111,061 Loan costs 1,545 1,545 Less: accumulated amortization (349) (184) Total other assets 1,430 112,422 Total assets $ 7,970,870 $ 5,238,225 (continued on next page) See auditor's report and accompanying notes -3 - MANCIL'S TRACTOR SERVICE, INC. Balance Sheet(continued from previous page) as of December 31, 2013 (With Comparative Totals as of December 31, 2012-Reviewed) 2013 2012 (Audited) (Reviewed) LIABILITIES AND STOCKHOLDER'S EQUITY: Current liabilities Trade accounts payable $ 2,560,743 $ 1,052,064 Billings in excess of cost and estimated earnings on uncompleted contracts 432,124 32,365 Deposits - - Accrued expenses 59,091 29,307 Line of credit-PNC Bank 43,771 147,809 Income taxes payable - 41,000 Notes payable-current portion 721,284 378,000 Total current liabilities 3,817,013 1,680,545 Non-current liabilities Notes payable 1,330,928 1,039,063 Total non-current liabilities 1,330,928 1,039,063 Total liabilities 5,147,941 2,719,608 Stockholder's equity Common stock, $1.00 par value, 5,000 shares authorized and 100 shares issued 100 100 Retained earnings 2,822,829 2,518,517 Total stockholder's equity 2,822,929 2,518,617 Total liabilities and stockholder's equity $ 7,970,870 $ 5,238,225 See auditor's report.and accompanying notes -4 - MANCIL'S TRACTOR SERVICE, INC. Statement of Income for the Year Ended December 31, 2013 (With Comparative Totals for the Year Ended December 31, 2012-Reviewed) 2013 2012 Audited (Reviewed) Income from operations: Construction revenues earned $ 17,463,790 $ 10,834,851 Cost of construction revenues earned 14,912,646 9,003,457 Grossrofit 2 551 144 1 831 394 p , Selling, general and administrative 1,843,372 1,259,963 Total income from operations 7075772 571,431 Other income and expenses: Interest income 1,848 2,158 Rebate income 2,855 2,983 Rental income 9,000 9,000 Other income 113 - Gain(loss) asset sales 29,478 61,822 Gain (loss) scrapped assets - (6,375) Interest expense (74,298) (61,367) Total other income and expenses (31,004) 85221 Net profit(loss) $ 676,768 $ 579;652 See auditor's report and accompanying notes - 5 - MANCIL'S TRACTOR SERVICE, INC. Statement of Changes in Retained Earnings for the Year Ended December 31, 2013 (With Comparative Totals for the Year Ended December 31, 2012-Reviewed) 2013 2012 (Audited) (Reviewed) Retained earnings,beginning of year $ 2,518,517 $ 2,354,865 Net profit(loss) 676,768 579,652 Distributions (372,456) (416,000) Retained earnings,end of year $ 2,822,829 $ 2,518,517 See auditor's report and accompanying notes - 6 - MANCIL'S TRACTOR SERVICE, INC. Statement of Cash Flows for the Year Ended December 31, 2013 (With Comparative Totals for the Year Ended December 31, 2012-Reviewed) 2013 2012 (Audited) (Reviewed) Cash flows provided by(used in) operating activities: Cash received from customers $ 15,088,291 $ 10,657,018 Cash paid to suppliers and employees (14,292,262) (10,438,115) Rebate income 2,855 2,983 Rental income 9,000 9,000 Interest income 1,848 2,158 Gain (loss) scrapped assets - (6,375) Other income 113 - Interest expense (74,298) (61,367) Net cash provided by (used in) operating activities 735,547 165,302 Cash flows provided by (used in) investing activities: Equipment deposits 20,000 (20,000) Net change in fixed assets (1,238,901) (135,241) Change in short-term notes receivable 2,096 (3,163) Net cash provided by (used in) investing activities (1,236,805) (158,404) Cash flows provided by (used in) financing activities: Borrowings (payments)on line of credit (104,038) (2,191) Stockholder loans 111,061 - Distributions (372,456) (445,061) Change in notes payable 635,149 644,048 Net cash provided by (used in) financing activities 269,716 1969796 Net increase(decrease)in cash and cash equivalents (231,542) 203,694 Cash and cash equivalents,beginning of year 667,993 464,299 Cash and cash equivalents,end of year $ 436,451 $ 667,993 (continued on next page) See auditor's report and accompanying notes -7- i MANCIL'S TRACTOR SERVICE, INC. Statement of Cash Flows (continued from previous page) for the Year Ended December 31, 2013 (With Comparative Totals for the Year Ended December 31, 2012-Reviewed) 2013 2012 (Audited) (Reviewed) Reconciliation of net loss to net cash provided by (used in) operating.activities: Net profit(loss) $ 676,768 $ 579,652 Adjustments to reconcile net loss to net cash provided by operating activities: Amortization 166 184 Depreciation 871,755 472,325 Inventory (6,000) - Gain(loss) asset sales (29,478) 61,822 Gain (loss) scrapped assets - (6,375) Change in assets and liabilities: Contracts receivable (2,485,404) (366,958) Costs and estimated earnings in excess of billings on uncompleted contracts (289,854) 174 Deposits (234) - Prepaid expenses 18,606 (18,456) Accounts payable 1,508,679 (751,135) Accrued expenses 29,784 8,268 Income taxes payable 41,000 Fuel tax credit payable - (3,150) Billings in excess of costs and estimated earnings on uncompleted contracts 399,759 188,951 Net cash provided by (used in) operating activities $ 7359547 $ 165,302 See auditor's report and accompanying notes - 8- MANCIL'S TRACTOR SERVICE, INC. Notes to Financial Statements December 31, 2013 NOTE 1: NATURE OF THE ORGANIZATION Mancil's Tractor Service, Inc. (the "Company") was incorporated on November 17, 1994, under the laws of the State of Florida as an "s" corporation. The Company is engaged as a contractor and subcontractor for site work and land clearing performed on residential and commercial property in the state of Florida. The Company's operations also include rock and fill sales, material delivery and machine labor to customers. All site and land clearing work is performed under fixed-price and cost plus contracts. Rock and fill sales, material delivery and machine labor sales are not performed under a signed contract. The customers are charged an agreed upon price based upon hourly rates and material costs for these sales. NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Operating Cycle The length of the contracts varies but is typically between one and two years. In accordance with normal practice in the construction industry, the Company includes asset and liability accounts relating to construction contracts in current assets and liabilities even when such amounts are realizable or payable over a period in excess of one year. Cash and Cash Equivalents For purposes of the balance sheet and statement of cash flows,the Company considers demand deposits with banks, certificates of deposit, money market funds and all highly liquid investments purchased with an initial maturity of three months or less to be cash equivalents. Investments Investments are classified as held to maturity and recorded at amortized cost. Realized gains or losses resulting from the sale of investments are determined using the specific identification method. Use of Estimates Management uses estimates and assumptions in preparing financial statements in accordance with accounting principles generally accepted in the United States of America. Those estimates and assumptions affect the reported amounts of assets, liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and expenses. Significant estimates inherent in these financial statements include estimates related to long-term construction contracts(including estimated gross profit and the percentage-of-completion) and valuations of accounts receivable. Actual results could differ from the estimates that were used. - 9- MANCIL'S TRACTOR SERVICE, INC. Notes to Financial Statements December 31, 2013 NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Fair Value of Financial Instruments The carrying amount of the Company's financial instruments, including cash, cash equivalents, accounts receivable and accounts payable approximate fair value due to their short-term nature. The carrying amounts of the Company's notes receivable, investments and indebtedness approximate fair value due to the their terms. Contracts Receivable Contracts receivable are recorded when invoices are issued and are presented in the balance sheet net of the allowance for doubtful accounts. Contracts receivable are written off when they are determined to be uncollectible. The allowance for doubtful accounts is estimated based on the Company's historical losses, the existing economic conditions in the construction industry, and the financial stability of its customers. There were no probable uncollectible amounts included in contracts receivable as of December 31, 2013. Property and Construction Equipment Property and construction equipment are stated at cost, net of accumulated depreciation. The cost of fixed assets is depreciated over the estimated service lives of the related assets. Depreciation is computed on the straight-line basis for assets for financial reporting purposes over estimated lives ranging from three to fifteen years. Expenditures for repairs and maintenance are charged to expense when incurred. Expenditures for major renewals and betterments, which extend the useful lives of the existing equipment, are capitalized and depreciated. Upon retirement or disposition of property and equipment, the cost and related accumulated depreciation are removed from the accounts and any resulting gain or loss is recognized in the statement of income. The Company reviews its long-lived assets for impairment whenever events or changes in circumstances indicate that the carrying amount of an asset may not be recoverable. Long-lived assets, which are considered held and used, would be impaired if its carry value exceeds the undiscounted future net cash flows related to the asset. The impairment would be measured by the extent the fair value of the asset does not exceed carrying value. No impairment occurred as of December 31,2013. Depreciation expense for the year ended December 31,2013 was$871,755.. Revenue and Cost Recognition Revenues from fixed-price and modified fixed-price construction contracts are recognized on the percentage-of-completion method, measured by the percentage of costs incurred to date to estimated total costs for each contract. This method is used-because management considers expended costs to be the best available measure of progress on these contracts. Because of the inherent uncertainties in estimating costs, it is at least reasonably possible that the estimates used will change within the near term. Revenue from fixed-price material sale contracts is recognized currently as the service is performed. - 10- MANCIL'S TRACTOR SERVICE, INC. Notes to Financial Statements December 31, 2013 NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Revenue and Cost Recognition (continued) Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, equipment use, supplies and engineering fees. Selling, general and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance,job conditions, and estimated profitability may result in revisions to costs and income and are recognized in the period in which the revisions are determined. The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts", represents revenues recognized in excess of amounts billed on said construction contracts. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts",represents amounts billed in excess of revenues recognized on said construction contracts. Underbillins The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts" is comprised of under billings on various jobs at December 31, 2013. All underbillings were billed and approved for payment subsequent to December 31,2013. Joint Ventures In 2013, one venture held a general contractor's (GC) license issued by the State of Florida and qualified the Company during 2013 in order to expand the selection of projects that the Company could bid. In exchange for qualifying the Company, the GC was paid $1,000 per month from January through November and $1,500 per month beginning in December 2013 for the qualification fee. A total of $12,500 was paid for the year ended December 31,2013 and was included in total license fees. Advertising The Company expenses advertising costs as they are incurred. Advertising expenses for the year ended December 31, 2013 were $ 8,559. Summarized Financial Information for 2012 The financial information for the year ended December 31, 201.2,presented,for comparative purposes, is not intended to be a complete financial statement-presentation. Accordingly, such information should be read in conjunction with the Company's reviewed financial statements for the year ended December 31, 2012,from which the summarized information was derived. - 11 - MANCIL'S TRACTOR SERVICE, INC. Notes to Financial Statements December 31, 2013 NOTE 2: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Income Taxes The Company uses the percentage-of-completion method of reporting revenue from long-term construction contracts for financial reporting purposes and uses the cash method of reporting revenue for tax purposes. Non long-term contracts are reported on the accrual method for financial reporting purposes and cash method for tax purposes. The Company has elected to be treated as a Subchapter S-Corporation under the Internal Revenue Code. As an S-Corporation, the Company passes through items of income and deduction to the stockholder each year, and thus pays no federal or state income taxes itself. However, the Company generally distributes funds to the stockholders through capital distributions to pay income taxes attributable to corporate earnings. At December 31 2013, current federal and state income tax liabilitiesp g assed through to the stockholder using an estimated effective tax rate of 31%are summarized as follows: Estimated taxable income $ 235,484 Estimated blended effective tax rate x31% Income tax liability related to pass through income at June 30, : 73,000 Taxes on other income net of deductions - Total estimated tax liability 73,000 Less:Withholdings and estimated taxes paid (73,000) Estimated stockholder's current income tax liability(refund) $ - Uncertain Tax Positions The Company files income tax returns in the U.S. federal jurisdiction, and various state and foreign jurisdictions. The Company is no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for years before 2009. None of the Company's income tax-returns for years after 2009 are currently under examination by and U.S. federal, state, local, or non-U.S. tax authorities. As such,no income tax provision has been made in respect to any uncertain tax positions. Sales and Other Taxes The Company charges sales tax on some of its revenue and remits all tax collected to the Florida Department of Revenue. Sales tax collected and paid for the year ended December 31, 2013 totaled $ 31,072. The Company is also subject to an excise tax assessed by the Internal Revenue Service on heavy use vehicles. The total assessed and paid for the year ended December 31,2013 was $4,261. No additional amounts are known to be payable to the Internal Revenue Service for this excise tax as of December 31, 2013. - 12- MANCIL'S TRACTOR SERVICE, INC. Notes to Financial Statements December 31, 2013 NOTE 3: INVENTORY The Company owns fuel storage tanks in which it stores fuel purchased in bulk for a discounted price. The fuel inventory is reported at cost and the total amount on hand as of December 31,2013 was $6,000. NOTE 4: CONTRACTS RECEIVABLE Contracts receivable at December 31 were as follows: Currently Due $ 3,780,058 Retainages 774,464 Total Contracts Receivable $ 4,554,522 Retainages are due upon completion of contracts. Based on estimated contract completion dates, the retainages at December 31, 2013 will all be collected within the next twelve months. There is one completed job for which retainage has still not been collected. The amount included in total retainage for this job at December 31, 2013 is $ 57,390 and is expected to be collected in full, but collection may not occur within twelve months of the date of this statement. NOTE 5: UNCOMPLETED CONTRACTS The following uncompleted contract amounts are included in accompanying balance sheets under the following captions at December 31: Costs incurred $ 6,222,441 Estimated earnings 1,684,521 7,906,962 Billed as of December 31 (7,907,698) Net under/(over)billed $ (736) Costs and estimated earnings in excess of billings $ 439,823 Billings in excess of costs and estimated earnings (440,559) Net under/(over)billed $ (736) - 13 - MANCIL'S TRACTOR SERVICE, INC. Notes to Financial Statements December 31, 2013 NOTE 6: PREPAID EXPENSES At December 31, 2012, the $ 1,382 in prepaid expense consisted of prepaid insurance. These costs will all be recognized as expense within the next twelve months. NOTE 7: BACKLOG Balance at January 1 $ 10,485,471 New contracts dining the year 17,030,484 Less:contract revenue earned (17,567,332) Balance at December 31 $ 9,948,623 NOTE 8: TRADE ACCOUNTS PAYABLE Trade accounts payable at December 31 were as follows: Currently Payable $ 2,561,591 Retainages - - Total Trade Accounts Payable $ 2,561,591 Vendor retainages are payable upon completion of contracts. There were no vendor retainages payable for 2013. NOTE 9: LEASE AGREEMENTS Operating Leases The Company leased a new copier from Leaf Capital Funding, LLC on May 25, 2012. This is a-non- cancellable operating lease with a term of five years and a lease purchase option of fair market value, plus taxes. The monthly lease payment under this lease is $13-5 (including taxes and all related fees). Total payments made on this lease for the twelve months ended December 31,2013 were$1,615. The following is a schedule, by years, of future minimum lease payments under these leases at December 31,2013: 2014 $ 1,615 2015 1,615 2016 1,615 2017 675 - 14- MANCIL'S TRACTOR SERVICE, INC. Notes to Financial Statements December 31, 2013 NOTE 9: LEASE AGREEMENTS (continued) Lessor Agreements The Company owns a parcel of land adjacent to its office in Stuart, Florida. On October 13, 2009 a land lease agreement was signed between the Company and a tenant for a five year lease term. The five-year non-cancellable lease commenced on November 1, 2009 and expires on October 31, 2014. This lease was assumed by a new lessee who purchased it from the prior lessee on July 13, 2011. All terms remain as in original lease. The monthly rent payments under this lease are $750 per month and the total rental income received under the lease was $9,000 for the twelve months ended December 31, 2013. The following is a schedule, by years, of future minimum rental income under the lease at December 31: 2014 $ 7,500 NOTE 10: LINES OF CREDIT On March 1, 2011 the Company signed an agreement with PNC Bank,National Association to provide borrowings under a revolving line of credit(LOC). The original maturity date of the LOC was March 1, 2012, but it was renewed until March 2, 2013. The LOC contains conversion to term loan provision that allows conversion of all or any part of the LOC to an amortizing term loan, with or without cause, upon providing sixty (60)days written notice to the Company. As such,the Company classifies the portion of the LOC that has remained outstanding for more than twelve(12)months as a long-term liability and the remaining balance as a short-term liability in its balance sheet. The conversion provision is included in the total current portion of long-term debt amount presented. The details relative to this LOC at December 31,2013 are as follows: Outstanding Letters of Current Long-term Maturity Maximum Principal Credit Amount Portion of Portion of Date Availability Balance Issued Available Debt Debt 3/1/14 $ 150,000 $ 43,771 $ - $ 106,229 $ 43,771 $ - Monthly payments of accrued interest are due on any outstanding balance beginning on April 1, 2011 or thereafter. The interest rate is variable based on the highest Prime Rate as published in the "Money Rates" section of the Wall Street journal plus a 1%-margin. At December 31, 2013,the interest rate was 4.25%. - 15 - MANCIL'S TRACTOR SERVICE, INC. Notes to Financial Statements December 31, 2013 NOTE 11: DEBT All of the following notes are secured by equipment and vehicles, with the exception of one note from PNC Bank. This note is secured by the Company owned real estate located on lots 38 & 39 SPS ' Commercial Center South, Martin County, Florida. This note is a refinance of a previous note for the purpose of obtaining additional operating funds based on the Company's equity in the real estate. The original principle amount was 107,556. The current balance as of December 31,2013 is 105,516. All notes allow for prepayment without penalty except for one note with PNC Bank. The Company entered into a promissory note with PNC Bank on March 27, 2012 to purchase two Mack Trucks. The original principal amount of the note was $309,432 and the note was secured by two 2012 Mack Trucks. This loan contains a prepayment penalty provision that allows for prepayment, but at a cost of 3%of the principal amount being repaid. The Company's long-term debt consists of notes on equipment and vehicle loans with various lending and financial institutions. At December 31,2013,notes payable consisted of the following: Annual Original Principal Interest Current Lender Borrowed Term Rate Balance PNC Bank $ 108,218 120 mo. 5.60% $ 105,516 Kelley Tractor $ 133,762 48 mo. 6.90% $ 37,073 CAT Financial $ 297,020 36 mo. 2.45% $ 273,316 CAT Financial $ 53,747 60 mo. 0.00% $ 53,747 CAT Financial $ 154,564 36 mo. 5.95% $ 76,687 Kubota Credit Corp USA $ 42,783 48 mo. 0.00% $ 26,740 PNC Bank $ 309,432 84 mo. 6.00% $ 245,023 John Deere Credit $ 14,327 36 mo. 0.00% $ 11,429 John Deere Credit $ 39,469 60 mo. 5.15% $ 10,933 John Deere Credit $ 111,630 48 mo. 5.75% $ 5,471 FCC Equip.Finance Inc. $ 86,018 36 mo. 7.41% $ 13,155 Komatsu Financial $ 135,773 48 mo. 2.50% $ 49,688 Old Florida National $ 76,920 48 mo. 6.00% $ 42,426 Trinity $ 83,472 48 mo. 1.35% $ 47,507 Wells Fargo $ 73,027 60 mo. 3.97% $ 62,550 Wells Fargo $ 456,871 60 mo. 3.97% $ 422,161 People's United Equip. Fin. Corp $ 196,300 60 mo. 8.49% $ 107,592 Komatsu Financial $ 305,775 60 mo. 1.25% $ 250,224 Komatsu Financial $ 134,271 48 mo. 2.50% $ 90,040 Pipeline Utilities $ 197,000 5 mo. 0.00% $ 118,200 - 16- MANCIL'S TRACTOR SERVICE, INC. Notes to Financial Statements December 31, 2013 NOTE 11: DEBT (CONTINUED) The following is a summary of principal maturities of all long-term debt during the next five years as of December 31, 2013: 2014 $ 721,284 2015 547,426 2016 408,421 2017 275,293 2018 97,054 Total $ 2,049,478 NOTE 12: UNCERTAINTIES, CONTINGENCIES,AND RISKS Concentrations Because of the nature of the Company's business and building trends, major customers vary from year to year. The Company considers concentrations to be significant when total revenues from a particular customer represent at least 10% of the total income earned for that year. Contract revenue earned and receivable for the year ended December 31, 2013 include amounts from major customers as follows: Revenue Earned Receivable Harman Construction $ 2,020,203 $ 757,966 Environmental Hazards The Company has two above-ground fuel tanks installed onsite for use in storing fuel so that the Company could better control its fuel costs. The tanks are double-walled and are governed by the Health Department of Florida. All rules and regulations were followed regarding the installation of the tanks. The Company conducts monthly in-house inspections and the Florida Department of Environmental Protection and the Health Department conduct annual inspections. The Company has a separate liability policy covering the tanks for$1,000,000 from December 1,2013 to December 1, 2014. As of the date of this report, there are no known violations or environmental hazards in connection with the tanks and the premium of$512 was paid in full. Contingencies The Company is subject to various legal proceedings and claims which arise in the ordinary course of its business. In the opinion of management,the ultimate liability with respect to those claims is adequately covered by defenses or insurance, and accordingly,will not materially affect the financial position or the results of operations of the Company. - 17- MANCIL'S TRACTOR SERVICE, INC. Notes to Financial Statements December 31, 2013 NOTE 13: SURETY BOND The Company, as a condition for entering into construction contracts, had outstanding surety bonds liabilities approximating $2,982,549 as of December 31, 2013. The amount of open liability is equal to the costs to complete on each bonded job. The bonds are collateralized by contract receivables and personally guaranteed by the Company's majority stockholder. NOTE 14: CONTROLLING INTEREST AND RELATED PARTY TRANSACTIONS Controlling Interest: All of the Company's outstanding stock is owned by one individual,Don R.Mancil, Jr. Related Party Transactions: The Company hired Mancil and Company, Inc. (a corporation owned wholly by Don R. Mancil, Sr. the father of the owner) as a subcontractor for various jobs during 2013. Total payments for subcontractor work totaled$20,540 for the year ended December 31,2013. NOTE 15: SUBSEOUENT EVENTS The Company financed the purchase of an asphalt plant in Palm City,Florida for a price of$315,500 on February 18, 2014. The promissory note calls for payments in the amount of$7,065.95 for the next 48 months and bears interest at the rate of 3.59%. The Company intends to use this plant to better control its job costs and allow for more timely job completion during off hours when obtaining materials from third-party suppliers is not possible. The Company obtained a new line of credit from SunTrust Bank on March 19, 2014 in the amount of $400,000. The monthly payments of accrued interest are due on any outstanding balance beginning on March 19, 2014 or thereafter. The interest rate is variable based on the highest Prime Rate as determined by SunTrust Bank plus a 2%margin. The Company purchased partially developed land in Palm City on January 4, 2014 for the amount of $650,000. The company paid $1,000 in cash and is still seeking financing for the remaining $649,000. The purchase contract is an "as is" contracts and also calls for the Company to pay for all expenses necessary to finish construction of the commercial condominium and it will be moving its operations during 2014.No construction contract-has been signed as of the date of this report. It.plans on selling or renting its property at Hampton Court but no contract was signed as of the date of this report. Total costs incurred as of December 31, 2013 were 7085 and are included in total land costs on the balance sheet. NOTE.15: DATE OF MANAGEMENT'S REVIEW The Company's management has evaluated events subsequent to December 31, 2013 through April 25, 2014,the date which the financial statements were available to be issued. - 18 - SUPPLEMENTARY INFORMATION - 19 - MANCIL'S TRACTOR SERVICE, INC. Schedule I Earnings from Contracts for the Year Ended December 31, 2013 (With Comparative Totals as of December 31, 2012-Reviewed) Contract Cost of Revenues Earned Gross Profit Earned Revenue December 31, 2013: (Audited) Contracts completed during the year $ 12,057,912 $ 10,665,023 $ 1,392,889 Contracts in progress at year end 5,405,878 4,247,622 1,158,255 $ 17,463,790 $ 14,912,646 $ 2,551,144 December 31, 2012: (Reviewed) Contracts completed during the year $ 6,762,983 $ 6,093,924 $ 669,059 Contracts in progress at year end 4,071,868 2,909,533 1,162,335 $ 10,834,851 $ 9,003,457 $ 1,831,394 See auditor's report -20- MANCIL'S TRACTOR SERVICE, INC. Schedule II Selling and Administrative Expenses for the Year Ended December 31, 2013 (With Comparative Totals for the Year Ended December 31, 2012-Reviewed) 2013 2012 (Audited) (Reviewed) Advertising $ 8,559 $ 12,008 Amortization 166 184 Auto and truck expenses 70,824 38,092 Bad debts 1,826 77,471 Bank charges 4,352 1,757 Contract labor 40 501 Depreciation 651,548 472,325 Donations 6,923 1,690 Dues and subscriptions 355 4,753 Entertainment and meals 3,389 2,636 Gifts 10,064 1,760 Insurance-life 1,811 1,755 Insurance-other 158,588 114,958 Licenses 37,620 34,454 Leased labor and compensation-other 355,543 274,135 Leased labor and compensation-officer 125,758 110,600 Miscellaneous expense 979 671 Office supplies and expense 28,007 19,659 Operating lease 5,411 7,051 Overweight fees 1,653 3,010 Penalties 265: 226 Professional fees 39,199 20,725 Rent expense 4,236 1,765 Repairs and maintenance 4,194 8,642 Taxes 61,903 13,786 Telephone and communications 15,031 12,989 Travel 1405 14,164 Uniforms 5,695 4,280 Utilities 4,572 3,916 Total selling and administrative expenses $ 1,623,166 $ 1,259,963 See auditor's report -21 - MANclus TRACTOR SERVICE,INC. Schedule III Contracts in Progress(continued on next page) for the Year Ended December 31, 2013 Total Contract From Inception to December 31,2013 Contract Cost of Estimated Estimated Revenue Earned Gross Billed to Revenues Gross Profit Earned Revenue Profit Date B BREVARD COUNTY BOCC:FORTENBERRY REG STRMWTR PH2 $ 2,297,688 $ 349,800 $ 1,084,866 $ 919,706 $ 165,160 $ 1,258,761 B CITY OF DELRAY BEACH: NE IST AVE IMPROVEMENTS 569,207 85,000 82473 7,208 1,265 - B CITY OF DELRAY BEACH: SW 2ND ST IMPROVEMENTS 976,768 195,354 308,870 247,096 61,774 256,275 DANIEL BROTHERS,INC.: 2781 SE NORTH LOOKOUT BLVD 95,120 19,024 21,545 17,236 4,309 42,320 DICKY SMITH&CO.,INC. : VITALIA @ TRADITIONS 8722839 173,042 567,794 455,227 112,566 494,972 FLORIDIAN PHASE 2 663,904 152,923 261,904 201,577 60,327 168,048 HARMAN CONSTRUCTION: LOVES TRAVEL STOP#467 4,123,409 964,878 2,020,203 1,547,476 472,728 2,218,207 LB CONSTRUCTION OF SO FLA: HERITAGE ENCLAVE 79,618 19,000 22,059 16,795 5,264 28,760 B MARTIN COUNTY BOCC: WITHAM AIRPORT NON---PAVEMENT 54,371 10,874 48,108 382487 9,622 54,371 MMHS-CANCER CNTR DRAINAGE 30,715 6,500 4,085 3,221 865 62833 B PIPELINE UTILITIES INC.: CHRIST FELLOWSHIP 2,111,822 443,000 21,322 16,849 4,473 - PRESTIGE CONSTRUCTION: PBOI 692,210 117,676 168,005 139,444 28,561 167,380 B ST LUCIE COUNTY AIRPORT DIV: TAXIWAY Al 494,859 108,869 8,087 6,308 1,779 - SUNSHINE LAND DESIGN: NORTH CAMPUS ENTRANCE MAIN 728,186 218,456 669,866 468,906 200,960 693,606 B TOWN OF LAKE CLARKE SHORES: METAL WAREHOUSE BUILDING 206,353 30,953 190,692 162,088 28,604 120,623 Totals $ 13,997,068 $ 2,895,348 $ 5A05,878 $ 4247,622 $1,158255 $ 5,510,157 B Bonded contract See auditor's report -22 - MANCIL'S TRACTOR SERVICE,INC. Schedule III Contracts in Progress(continued) for the Year Ended December 31, 2013 For the Twelve Months Ended At December3l,2013 December 31,2013 Costs and Billings in Estimated Excess of Estimated Earnings Costs and Costs to in Excess Estimated Revenues Cost of Gross Complete of Billings Earnings Earned Revenues Profit B BREVARD COUNTY BOCC:FORTEN13ERRY REG STRMWTR PH2 $ 1,028,181 $ - $ 173,895 $ 1,084,866 $ 919,706 $ 165,160 B CITY OF DELRAY BEACH: NE 1ST AVE IMPROVEMENTS 476,999 8,473 - 8,473 7,208 1,265 B CITY OF DELRAY BEACH: SW 2ND ST IMPROVEMENTS 534,318 52,595 - 308,870 247,096 61,774 DANIEL BROTHERS,INC.: 2781 SE NORTH LOOKOUT BLVD 58,860 - 20,775 21,545 17,236 4,309 DICKY SMITH& CO.,INC. : VITALIA @ TRADITIONS 244,570 72,821 - 567,794 455,227 112,566 FLORIDIAN PHASE 2 309,404 93,855 - 261,904 201,577 60,327 HARMAN CONSTRUCTION: LOVES TRAVEL STOP#467 1,611,056 - 198,004 2,020,203 1,547,476 472,728 LB CONSTRUCTION OF SO FLA: HERITAGE ENCLAVE 43,823 - 6,701 22,059 16,795 5,264 B MARTIN COUNTY BOCC: WITHAM AIRPORT NON-PAVEMENT 5,010 - 6,262 48,108 38,487 9,622 MMHS-CANCER CNTR DRAINAGE 20,994 - 2,747 4,085 3,221 865 B PIPELINE UTILITIES INC.: CHRIST FELLOWSHIP 1,651,973 21,322 - 21,322 16,849 4,473 PRESTIGE CONSTRUCTION: PBOI 435,090 624 - 168,005 139,444 28,561 B ST LUCIE COUNTY AIRPORT DIV: TAXIWAY Al 379,683 8,087 - 8,087 6,308 1,779 SUNSHINE LAND DESIGN: NORTH CAMPUS ENTRANCE MAIN 40,824 - 23,740 669,866 468,906 200,960 B TOWN OF LAKE CLARKE SHORES: METAL WAREHOUSE BUILDING 13,312 70,068 - 190,692 162,088 28,604 i $ 6,854,097 $ 327,846 432124 $$ 5� $ 4,247,622 $1,158,255 i B Bonded contract See auditor's report -23 - MANCIL'S TRACTOR SERVICE,INC. Schedule IV Completed Contracts for the Year Ended December 31,2013 Before January 1,2013 Year Ended December 31,2013 Final Total Gross Gross Contract Contract Gross Profit Revenues Costof Gross Revenues Cost of Gross Profit Price Costs Profit(Loss) % Earned Revenues Profit(Loss) Earned Revenues Profit(Loss) % MARTIN COUNTY BOCC CARTER PARK $ 1,939,578 $ 1,617,225 $ 322,353 16.62% $1,400,017 $1,120,014 $ 280,003 $ 539,561 $ 497,211 $ 42,350 7.85% CITY OF PORT ST LUCIE PSL INTERMODAL 290,158 220,145 70,013 24.13% 25,367 20,294 5,073 264,791 199,851 64,940 24.52% INDIAN RIVER COUNTY WEST WABASSO SEWER 828,446 823,818 4,629 0.56% 15,021 12,017 3,004 813,425 811,801 1,625 0.20% MARTIN COUNTY BOCC DANFORTH CREEK 1,429,809 928,869 500,939 35.04% 997,083 638,133 358,950 432,726 290,736 141,989 32.81% MARTIN COUNTY BOCC SEABRANCH EAST CST GRNWY 728,014 599,547 128,467 1765% 15,114 12,091 3,023 712,900 587,456 125,444 1760% HOAR CONST.HEALTHSOUTH REHAB 1,153,173 822,646 330,527 28.66% 719,868 460,720 259,148 433,305 361,926 71,379 16.47% CITY OF ATLANTIS 81,445 71,187 10258 12.59% - - - 81,445 71,187 10,258 12.59% CITY OF PORT ST LUCIE PRINEVILLE 363,177 203,806 159,371 43.88% 174,139 95,776 78,363 189,038 108,030 81,008 42.85% INDIAN RIVER CTY CONVENIENCE CTR 154,393 89,601 64,791 41.97% 141,926 82,317 59,609 12,467 7,284 5,182 41.57% MHS COASTAL HLTH PK PARCEL F 251,694 188,203 63,491 25.23% - - - 251,694 188,203 63,491 25.23% TURTLE REEF CONDO AREAS 2,5&6 54,755 17,790 36,965 67.51% 94 75 19 54,661 17,715 36,946 67.59% MARTIN COUNTY BOCC: DIXIE HIGHWAY&INDIAN ST 190,649 172,801 17,847 9.36% - - - 190,649 172,801 17,847 9.36% OHL BUILDING INC.: AUDI 1,982,403 1,580,952 401,451 20.25% 577,775 462,220 115,555 1,404,628 1,118,732 285,896 20.35% JEFFREY POWERS VENTURES: AMERICAN LEGION 280,639 276,678 3,961 1.41% - - - 280,639 276,678 3,961 1.41% MARTIN COUNTY BOCC RAILROAD AVE IMPROVEMENTS 964,937 748,791 216,146 22.40% 29,918 23,934 5,984 935,019 724,857 210,162 22.48% MARTIN COUNTY BOCC US 1&BRITT ROAD 1,236,058 1,122,836 113,222 9.16% - - - 1,236,058 1,122,836 113,222 916% TOWN OF JUPITER ALLEY IMPROVEMENTS 86,439 65,282 21,157 24.48% - - - 86,439 65,282 21,157 24.48% TOWN OF JUPITER MAINTENANCE FACILITY 89,800 88,427 1,373 1.53% - - - 89,800 88,427 1,373 1.53% VILLAGE OF ROYAL PALM BEACH CRESTWOOD BLVC 347,987 339,252 8,735 2.51%- - - - 347,987 339,252 8,735 2.51% VILLAGE OF ROYAL PALM BEACH RPB BLVD ROADWAY 216,995 187,181 29,814 13.74% - - - 216,995 187,181 29,814 13.74% MISCELLANEOUS SHORT-TERM JOBS 2013 3,483,685 3,427,575 56,110 1.61% - - 3,483,685 3,427,575 56,110 1.61% Totals $16,154,234 $13,592,614 $2,561,620 $4,096,322 $2,927,591 $1,168,731 $12,057,912 $10,665,023 $1,392,889 See auditor's report -24 - MANC/L 'S TRACTOR SER VICE, INC. 4551 SE HAMPTON COURT STUART,FL 34997 772-288-0951 OFF/CE/772-288-0983 FAX MANCIL'S TRACTOR IS DEDICATED TO ENSURING WORK IS DONE IN A TIMELY AND EFFICIENT MANNER TO MAINTAIN OUR REPUTATION WITH LOCAL GOVERNMENTAL AGENCIES AND PRIVATE CLIENTLE. OUR JOBS AND WORKLOADS ARE CAREFULLY MONITERED TO AVOID ANY FUTURE PROBLEMS. WE HAVE RECENTLY CLOSED OUT SEVERAL PROJECT ALLOWING US TO BE ABLE TO OBTAIN AND SCHEDULE ADDITIONAL WORK AND STILL MAINTAIN OUR HIGH QUALITY OF SERVICE WHILE ADHERING TOTHE PROJECTED SCHEDULING OF THIS PROJECT PROJECTS CURRENTLY UNDER CONSTRUCTION OWNERIENGINEER OR TOTAL CONTRACTED %OF NAME OF PROJECT PROJECT# GENERAL CONTRACOUR CONTACT PHONE NUMBER CONTRACT DATE OF COMPLETION TOR VALUE COMPLETION TO DATE AIRPORT DRIVE EAST 429695-1-94-01 CITY OF SEBASTIAN MARK JANSEN 407 926-6611 $ 752 741.10 4/15/2015 1% CHRIST FELLOWSHIP 12-0207 CHRIST FELLOWSHIP GARY DUCOTE (561)842-8833 $ 1,473,473.53 N/A 54% CHURCH/PIPELINE UTILITIES COTE D'AZUR CONDO COTE D'AZUR 147420000 ASSOCIATION/KIMLEY-HORN& MELBIE THOMAS (772)794-4055 $ 319,667 75 N/A 90% ASSOCIATES DANFORTH PUD ENTRANCE 38001 DANFORTH PROPERTY SUZIE BUTLER (772)286-0030 $ 231,921.00 N/A 0% OWNERS FDOT ASPHALT REPAIRS 2 YEAR CONTRACT) E41*25 FDOT ESTHER 954 777-4620 $ 288,745.94 1/6/2016 30% FLORIDIAN NATIONAL GOLF FLORIDIAN(PHASE 1)-MURPHY ROAD 10-078.119 CLUB/CULPEPPER& BUTCH TERPENING (772)464-3537 $ 1,341,488.07 N/A 20% TERPENING HEATHCOTE BOTANICAL GARDENS 2014-002 RK CONTRACTORS RANDY BOWERS 772 462-0770 $ 435 875.50 N/A 57% HIGHLAND RESERVE 410440000 KIMLEY HORN AND ASSOC.INC PETER J.VAN RENS (772)794-4100 $ 141,841.50 N/A 35% LAKE WORTH ROAD RAMP ESN27 RS&H JOEL KAUPPILA 54 224-0009 $ 370 916.20 2/22/2015 5% NE IST AVENUE 2012-042 DELRAY BEACH TIM TACK 561 243-7315 $ 596 723.16 10/24/2014 98% NORTH.BANANA RIVER DRIVE B-3-14-36 BREVARD COUNTY ROBBYN SPRATT 321 633-2016 $ 761 326.48 3/15/2015 3% PARKWAY STREET INFRASTUCTURE S1404 TOWN OF JUPITER AMANDA BARNES 561 741-2537 $ 392 769.46 3/23/2015 1% VITALIA PHASE 5-AV HOMES 120409 AVATAR SEASONS LLC/AV DAN YOUNG HOMES (863)427-7107 $ 892,971.76 6/1/2015 72% SOLID WASTE AUTHORITY OF WPB LANDFILL(SWA OF PALM BEACH) 14-214/MRK PALM BEACH COUNTY/T&K MIKE GIDDENS (256)734-6611 $ 616,498.90 NIA 89% CONSTRUCTION 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. 1219 for Roseland Lake Clearing and Dredging Work to be Performed Subcontractor's Name/Address BETSY SURVEY-AS-BUILT& LAYOUT 7997 SWINDSAY,INC. JACK JAMES DR.,STUART,FL 34997 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Note: Attach additional sheets if required. *`END OF SECTION 00458-List of Subcontractors REV 04-07.doc 00458-1 PtPublic WorkslENGINEERING DIVISION PROJECTS11219-Roseland Lake Improvements\AdmirnWaster Contract Documents\00458-List of Subcontractors REV 04-07.doc Indian River County A Purchasing Division 1800 27th Street Vero Beach, FL 32960 LOR�� Phone (772) 226-1416 Fax (772)770-5140 ADDENDUM NO. 1 Date: September 11,2014 Project Name: ROSELAND LAKE CLEARING & DREDGING Project Number: IRC 1219 Bid Number: 2014051 Bid Opening Date: The Bid Opening date is Wednesday. October 8. 2014 at 2:00 p.m. A Pre-Bid Conference will be held on September 17. 2014 at 10:00 A.M., in room Al-303 in the Public Works Department Indian River County Administration Building located at 180127th Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED. TO ALL PROSPECTIVE BIDDERS: TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct,or change the Bid Documents. Therefore,it hereby supersedes anything to the contrary in the Bid Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bid Documents. All questions about the meaning or intent of the Bid Documents are to be submitted to PURCHASING MANAGER in writing to Purchasine@ircgov.com. Interpretations or clarifications considered necessary to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bid Documents. Questions received less than ten 10 calendar days prior to the date for opening of-Bids shall not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarification will be without legal effect. Deadline date for submittal of questions is Sunday, September 2e,2014 at 12:00 p.m. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bid Documents as deemed advisable by OWNER or ENGINEER. Page l of 3 F.L%bllc WorkAENG1NEERING DIVISION PROJECTSf 1219-Roseland Lake ImprorementsUdmimtbld docamentsL4DDENDUIIS-SECOND BIDWddendum No.19-12-1J.doc CLARIFICATIONS / CORRECTIONSMESTIONS AND RESPONSES The following questions(with responses)have been received by Indian River County: QUESTION NO. 1 In appendix C Project report Section III Proposed Maintenance B. Best Management Practices the report suggest two ways of cleaning the lake, is it the intent of the County to have the successful low bidder use one of these two techniques to remove the material from the lake or are there alternatives that the County is considering? ANSWER NO.1 The contractor is not limited to the two suggested techniques. However,the work must comply with Section 104—PREVENTION,CONTROL,AND ABATEMENT OF EROSION AND WATER POLLUTION in the Technical Specifications of the Contract Documents. QUESTION NO.2 It states that the contractor has 45 days for substantial completion,does this time include drying time for the material and removal of the dried material or is it only for removal of the material from the lake? ANSWER NO.2 All work shall be substantially completed on or before the 45th day after the date when the Contract Time commence to run. This includes drying time and material removal from the site. In order to address the potential time delays due to material drying and hauling the contract time has been extended from (45 days Substantial Completion,60 days Final Completion)to(60 days Substantial Completion,75 days Final Completion). See revised Agreement and Notice to Proceed from the Contract Documents. QUESTION NO.3 Are-there any permits that have been issued-by FDEP,SIRWMD or the USACOE that the contractor will have to comply with for the project?If so how can copies of these permits be obtained? ANSWER NO.3 The project was considered maintenance and verified by the permitting agencies to be exempt from permitting. However,the work must comply with Section 104—PREVENTION,CONTROL,AND ABATEMENT OF EROSION AND WATER POLLUTION in the Technical Specifications of the Contract Documents. QUEST-ION NO.4 On the land use map provided there is an.area designated Rose-4. Is-this area available for the contractors use? ANSWERNO.4 The�property is privately owned and is not available for use by the Contractor. QUESTION.NO.5 What is the-budget-for this project? ANSWER NO. 5 The Engineer's estimate is approximately$80,000.00. Page 2 of 3 F.tPublic WorksiENGINEERING DIVISION PROJECISI1119-Roseland Lake Improvemen[sUdmimlbid documenMADDENDUMS-SECOND SIDUddendum Nu.19-12-14.doe *************This Addendum MUST be returned with your"Bid************** ADDENDUM NO. 1 is submitted by: Michael D.-Nixon,Roadway Production Uanager and e,y_AL i Jer4er Hyde, urchasing Manager =' '934 Company Name MANCIL'S TRACTOR SERVICE, INC. f 0;a �� i Name: DON R.MANCIL,JR. Title: PRESIDENT '(Type J Printed) Authorized Signature _ Date: 10/08/2014 C.Telephone: (772)288-0951 Fax: (772)288-0983 f J Page 3 of 3 F.VWbUcWorMENCINEERINCDMSION PROIECTS11219-Roseland lake ImprovemertblAdmiml bid documentsW DDENDUMS-SECOND BIDW ddendum No.1 9-12-14.doc Revised 9-11-14,Addendum No. 1 SECTION 00620 Agreement(Public Works) TABLE OF CONTENTS Title Page ARTICLEI-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 III ARTICLE 10-MISCELLANEOUS............................................................. ...7 ......................................... jTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI 00520-1 F:1Public Works%ENGINEERING DIVISION PROJECTS\1219-Roseland Lake lmprovementslAdmimWaster Contract Documents\00520-Agreement(Public Works)REV Addend.No.1.9-12.14.dor dor Revised 9-11-14, Addendum No. 1 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 (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project consists of the clearing of trees, brush, cattails and other exotic vegetation, excavation and dredging of the existing lake bottom to a depth of 3 to 5 feet below the existing lake bottom, re-grading of the lake bank, and the removal and replacement of drainage culverts. 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: Roseland Lake Clearing and Dredging County Project Number: 1219 Bid Number: 2014051 Project Address: 12e Street and 79P Avenue, Sebastian, Florida ARTICLE 3—.ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities,-and have the rights.and authority assigned to ENGINEER in the Contract.Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4-.CO.NTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness -for final payment as stated in the Contract Documents-are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 00520-2 F:%Public WorkslENGINEERING DIVISION PROJECTS11219•Roseland lake ImprovementsWdmimWaster Contract DocumentsW0520-Agreement(Public Works)REV Addend.No.1,9-12-14.doc.doc Revised 9-11-14, Addendum No. 1 A. The Work will be substantially completed on or before the 60th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the-75th day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER8$ 84.00 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 $884.00 for each calendar day that-expires after the time specked in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 -CONTRACT'PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the ! Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ Written Amount: ARTICLE 6 —PAYMENT`PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications-for Payment in accordance with Article 14 of the General Conditions. Applications .for Payment will be _processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. 00520-3 FVublic WorkslENGINEERING DNISION PROJECTSM19-Roseland Lake Im vemenlMdnimWaster Contract DocumentsW0520-Agreement Public Worl(s)REV Pro Addend.No.1,9-12-14.doc.doc Revised 9-11-14,Addendum No. 1 A.The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half(1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the 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 00520-4 F:1Public Works%ENGINEERING DIVISION PROJECTS11219-Roseland lake ImprovementslAdmimWaster Contract Documents100520-Agreement(Public Warks)REV Addend.No.1,9-12-14.doc.doc Revised 9-11-14,Addendum No. 1 relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 -INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of 'the means, methods, techniques, sequences, and :procedures of construction to be employed by CONTRACTOR, including applying the speck 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 00520-5 F:1Public WorkslENGINEERING DIVISION PROJEC7511219-Roseland Lake tmprovemsntsVldmlmVNssler Contract Documents1o0520-Agreement(Public Works)REV Addend.No.1,9.12-14.doc.doo f -Revised 9-11-14,Addendum No. 1 Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract -Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed(page 00550-1); 3. Public Construction Bond(pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment(pages 00622-1 to 00622-6 inclusive); I 6. General Conditions (pages 00700-1 to 00700-43, inclusive); 7. Supplementary Conditions (pages 00800-1 to 00800-11, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions. 9. Drawings consisting of a cover sheet and sheets numbered 1 through 7, inclusive,with each sheet bearing the following general.title:Roseland Lake Clearing and-Dredging; i 10.Addenda(numbers to , inclusive); 11.Appendices to this Agreement(enumerated.as follows): Appendix A—Geotechnical"Report Appendix:B—Fertilizer Ordinances Appendix C—Project"Report 12. CONTRACTOR'S-81D(pages 00310-1 to 00310-6, inclusive); 13. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive); 14. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 00520-6 F.%Public WorksIENGINEERING DMSION PROJECTS11219-Roseland lake ImprovementsVWmimWaster Contract Documants100520-Agreement(Public Works)REV Addenda No.1,942-14.doc.doc Revised 9-11-14,Addendum No. 1 15. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 16. 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). 17. Contractor's Final Certificate of the Work(page 00632-1 &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 i Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to-be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining ,provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that-the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable,provision that comes as close as possible-to expressing,the intention of.the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in. Indian "River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 00520-7 F:1Pubtic Works%ENGINEERING DIVISION PROJECTSH219-Roseland Lake InwovementelAdmimWlester Contract Doaunentsl00520-Agreement(Public Works)REV Addend.No.1.9-12-14.doc.doc Revised 9-11-14,Addendum No. 1 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be-required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would,provide the-records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized.by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all-public records in possession of the Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically-must be provided to the County in a format that is compatible With the information technology systems of the County. B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] { i 00520-8 RIPublie WorkslENGINEERING DMSION PROJECTS11219-Roseland Lake ImprovementslAdmirnWaster Contract Doeuments100520-Agreement(Publie Worcs)REV Addend.No.1.9-12-14.doc.doc Revised 9-11-14,Addendum No. 1 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart.each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on ,20_(the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Peter D. O'Bryan, Chairman (Contractor) By: (CORPORATE SEAL) Joseph A. Baird, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Christopher J. Kafer, Jr. P.E. Designated Representative: Title: County Engineer Name: 1801 27th Street Title: Vero Beach, Florida 32960 Address: (772).226-1221 'Facsimile: (772) 778=9391 Phone: =Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of,authority,to sign.) * *END OF"SECTION 00520-9 F:1Public Works%ENGINEERING DIVISION PROJECTSl1219-Roseland Lake ImprovementslAdmimVdaster Contract Documents%O=-Agreement(Public Works)REV Addend.No.1,9-12-14.doc doc Revised 9-11-14,Addendum No. 1 SECTION 00550 -Notice to Proceed Dated TO: (BIDDER) ADDRESS: Contract For: Roseland Lake Clearing and Dredging IRC Project No: 1219 IRC Bid No. 2014051 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 60 days for Substantial Completion of this project and 75 days for Final Completion. In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under -this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. Also, before you may start any Work at-the Site, you must: (add other requirements,if applicable) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) 00550-Notice to Proceed REV 14-11.doc 00550-1 P:1Public WorkslENGINEERING DIVISION PROJECTS11219-Roseland Lake ImprovamentsWdmimWlaster Contract Documents100550-Notice to Proceed REV 14-11.doc Rev.05101 Indian River County Purchasing on Divisi ' th "C 180027 Street Vero Beach, FL 32960 A Phone (772) 226-1416 Fax (772)770-5140 i ADDENDUM NO. 2 Date: September 29, 2014 Project Name: ROSELAND LAKE CLEARING & DREDGING Project Number: IRC 1219 Bid Number: 2014051 i Bid Opening Date: The Bid Opening date is Wednesday, October 8, 2014 at 2:00pm. i. A Pre-Bid Conference was held on September 17, 2014 at 10:00 a.m. in the Public Works Conference Room Al-303 Indian River County Administration Building A located at 180127'Street,Vero Beach, Florida 32960. The meeting minutes are hereby incorporated into the subject addendum as an attachment. j TO ALL PROSPECTIVE BIDDERS: TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or Contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to the Purchasing Department in writing at purchasing@.ircgov.com. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less i than ten (10) calendar-days prior to the date for opening of Bids shall not be answered (Deadline September 28, 2014 by Midnight).Only questions answered-by Addenda will be binding. Oral and other i i interpretations or clarifications will be-without legal effect. All :Bids must be received by the Purchasing Division office located at 1800 271' Street, Vero Beach, Florida 32960 prior:ta the date and time shown above-Late bids will-not be opened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. i Page I of 3 F.LWIlc WorkslENGINEERINGDMSION PROIECTSl11I9-Rosdand Lake lmprovemenlsUdmInAbld documentsUDDENDUMS-SECOND A^4ddendum No.2 4 2$44.doc CLARIFICATIONS / CORRECTIONS/QUESTIONS AND RESPONSES The following questions (with responses)have been received by Indian River County: QUESTION NO. 1 Will the County provide a Best Management Practice Plan (BMP)in the bid documents? ANSWER NO. 1 The contractor is not limited to any specific construction technique. The BMP system for each construction approach may be different. It is the Contractor's responsibility to provide a BMP system that will meet the requirements in Section 104 — PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION in the Technical Specifications of the Contract Documents. The County will not provide a specific BMP plan for the Contractor. QUESTION NO. 2 Will the County provide a truck haul route? ANSWER NO.2 It is anticipated that a portion of the haul route will be on 126th Street, between the site and Roseland Road. It is not known where the disposal site will be beyond that. The Contractor shall provide a Truck Route Plan to be reviewed and approved by the Indian River County Public Works Department. QUESTION NO.3 Has the County tested the soils to be removed for contamination that could affect the disposal site? ANSWER NO.3 The County has investigated the historic site conditions and is reasonably sure that the site material does not contain any contaminates that would involve any special disposal considerations. The Contractor should bid accordingly. When the soil excavation begins,the County will immediately perform testing to confirm that the soil does not contain contaminates. If the soil contains contaminates that will require special disposal measures,the County will be responsible for the additional cost. QUESTION NO.4 Can the lake be dewatered and/or pumped dry? ANSWER NO.4 The lake can be dewatered and/or pumped dry. However,it is our opinion that this would be difficult because of the sandy soils. If dewatering is used, the Contractor will need to obtain a consumptive use permit and a FDEP Generic Permit for the Discharge of Produced Ground Water from any Non-contaminated Site activity. The Contractor shall manage the discharge to conform to all current regulations. QUESTION NO.5 Are there any dewatering permits in place? ANSWER NO.-5 There are no dewatering permits in place. This will,be the responsibility of the Contractor if applicable. QUESTION NO. 6 Are there any notes available from the Pre-bid meeting? ANSWER NO.6 Minutes of the pre-bid meeting are included in this Addendum. Page 2 of 3 F•IPublic WorkAENGINEERMGDIVISION PROJECTS11219-RoselondLakelmprovementMdmimlbiddocumentsWDDENDUMS-SECOND=WddemlumNo.2 9-25-14.doc QUESTION NO.7 It was requested to extend the contract time to allow for drying and hauling of the excess soil and muck material. ANSWER NO.7 in order to address the potential time delays due to material drying and hauling the contract time has been extended from (60 days Substantial Completion, 75 days Final Completion) to (100 days Substantial Completion, 115 days Final Completion). .See revised Agreement and Notice to Proceed from-the Contract Documents. QUESTION NO.8 Does the County have permission to access private property? ANSWER NO.8 The County has a Temporary Construction Easement to access the property where the lake encroaches and allow the Contractor to perform-the work. Attachment: 1. Pre-bid MeetingMinutes 2. Revised Agreement 9-29-12 3. Revised Notice to Proceed 9-29-14 ******'k'k*****This Addendum'MUST be returned•with your Bid************** ADDENDUM-'NO. 2 is Submitted by: I55 e L_f4;:; Michael D. Nixon,,Roadway Production Manager and Je. i r Hyde,-• urchasiing'Manager i i i CompanyName MANCIL'S TRACTOR SERVICE,INC. f Name: DON R.MANCIL,JR. Title: PRESIDENT i "(Type/Printed) I Authorized Signature Date: 10/08/2014 Telephone: (772)288-0951 Fax: (772)288-0983 Page 3.of 3 F.LPablic WorkAENGINEERING DIVISION PROJECTS41219-Roseland Lake lmprovemen&L4dmbnlbfddocumenbUDDEtMUMS-SECOND SIDWddendumNo.2 9-1514.doe Revised 9-29-14, Addendum No. 2 SECTION 00520 -Agreement(Public Works) TABLE OF CONTENTS . Title Page ARTICLE1-WORK.................................................................................................................................2 ARTICLE2-THE PROJECT..................................................................................................................2 ARTICLE3—ENGINEER................................................................................................................ ....2 ARTICLE4-CONTRACT TIMES..........................................................................................................2 ARTICLE 5 CONTRACT PRICE..........................................................................................................3 ARTICLE 6-PAYMENT PROCEDURES..............................................................................................3 ARTICLE 7-INDEMNIFICATION.........................................................................................................5 i i ARTICLE 8-CONTRACTOR'S REPRESENTATIONS......................................................................5 ARTICLE 9-CONTRACT DOCUMENTS.............................................................................................6 ARTICLE 10-MISCELLANEOUS.........................................................................................................7 I I l REMAINDER OF THIS PAGE WAS LEFT BLANKINTENTIONALLYI i I I I 00520-1F_%Public WorksIENGINEER1NG DIVISION PROJECTS11219-Roseland Lake ImprovementsAdmimWlaster Contract Documents100520- Agreement(Public Works)REV Addend.-No.2,9-29-14.doc.doc Revised 9-29-14,Addendum No. 2 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 (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 specked or indicated in the Contract Documents. The Work is generally described as follows: The project consists of the clearing of trees, brush, cattails and other exotic vegetation, excavation and dredging of the existing lake bottom to a depth of 3 to 5 feet below the existing lake bottom, re-grading of the lake bank, and the removal and replacement of drainage culverts. ! ARTICLE 2-THE PROJECT i I 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: Roseland Lake Clearing and Dredging i County Project Number: 1219 Bid Number: 2014051 Project Address: 126h Street and 7e Avenue, Sebastian, Florida ARTICLE 3—ENGINEER 3.01 'The Indian River County Public Works-Department is hereinafter called the ENGINEER and will act:as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned toENGINEER 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 ofthe.Essence A. All1ime 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 i -00520-2F:1Public Works\ENGINEERING DIVISION PRO.IECTS11219-Roseland Lake ImprovementslAdmimWlaster Contract Documents\00520- Agreement(Public Works)REV Addend.No.2,9-29-14.doc.doc Revised 9-29-14,Addendum No. 2 A. The Work will be substantially completed on or before the 100th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 115 ' 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 $884.00 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 $884.00 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 5.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions-and deductions provided in the Contract:: Numerical Amount: $ Written Amount: 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 00520-3F.Tublic WorkMENGINEERING DIVISION PROJECTS11219-Roseland Lake ImprovementsWdmlmlMaster Contract Documents100520- Agreement(Public Works)REV Addend.No.Z 9-29-14.doc.doc Revised 9-29-14,Addendum No. 2 accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents,together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(4), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half(112) 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, 00520-4F:1Public Works\ENGINEERING DMSION PROJECTS11219-Roseland lake Improvements%AdmimiWaster Contract Documen s100520- Agreement(Public Works)REV Addend.No.2,9-29-14.doc doc Revised 9-29-14,Addendum No. 2 I shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20(lndemnfcafion)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 rprovided 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-SF:XPublic WorksTNGINEERING DIVISION PROJECTSM19-Roseland Lake ImprovementAAdmimWlaster Contract Documents\00520- Agreement(Public Works)REV Addend.No.2,9-29-14.doc doc Revised 9-29-14,Addendum No. 2 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); I 3. Public Construction Bond(pages 00610-1 to 00610-3,inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); j i 5. Contractor's Application for Payment(pages 00622-1 to 00622-6 inclusive); 6. General Conditions (pages 00700-1 to 00700-43, inclusive); 7. Supplementary Conditions(pages 00800-1 to 00800-11, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions. 9. Drawings consisting of a cover sheet and sheets numbered 1 through 7, inclusive, with each sheet bearing the following general title: Roseland Lake Clearing and Dredging; 10. Addenda(numbers to , inclusive); 11.Appendices to this Agreement(enumerated as follows): Appendix A—Geotechnical Report Appendix-13—Fertilizer Ordinances Appendix C—Project Report 12. CONTRACTOR'S:BID(pages 00310-1 to 00310-6, inclusive); 13. Bid.Bond (page 00430-1 inclusive), Qualifications Questionnaire -(page 00456-1 to 00456-4, inclusive),.List of Subcontractors(page 00458-1 inclusive); 14. Sworn Statement Under the Florida Trench Safety Act (pages 004541 to 00454-2, inclusive); 15. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 00520-6FAPublic Works\ENGINEERING DIVISION PROJECTS11219-Roseland Lake ImprovementMdmimWlaster Contract Documents100520- Agreement(Public Works)REV Addend.No.2.9-29-14.doc.doc Revised 9-29-14,Addendum No. 2 16. 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). 17. Contractor's Final Certificate of the Work(page 00632-1 &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 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 00520-7FAPubHc Works\ENGINEERING DIVISION PROJECTS11219-Roseland Lake Improvements'AdmimW[aster Contract Documents100520- A reement(PublicWorks)REV Addend.No.2,9-29-14.doadoc Revised 9-29-14, Addendum No. 2 A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, .at no cost, to the County all public records in possession of the Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential_and exempt from public records disclosure requirements. All records stored electronicallymust be provided to the County in a format that is compatible p tY p with the information technology systems of the County. B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. i [The remainder of this page was left blank intentionally] I I I i i F 00520-BF:%Public WorksIENGINEERING DIVISION PROJECTSt1219-Roseland Lake Improvements%Admlm%bster Contract DocumentsW0520- Agreement(Public Works)REV Addend.No.2,9-29-14.doc.doc Revised 9-29-14,Addendum No. 2 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_(the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Peter D. O'Bryan, Chairman (Contractor) BC By: CORPORATE SEAL) Joseph A. Baird, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: CWhere applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Christopher J. Kafer, Jr. P.E. Designated Representative: Title: County,Engineer Name: 1801 27th Street Title: Vero Beach, Florida 32960 Address: (772)226-1221 Facsimile: (772)778-9391 Phone: Facsimile: (if CONTRACTOR is a corporation or a partnership, attach-evidence of authority to sign.) ** END OF SECTION 00520-9F:1Publlc Works\ENGINEERING DIVISION PROJECrS11219-Roseland lake improvementslAdmirnVaster Contract Documents100520- Agreement(Public Works)REV Addend.No.2,9-29-14.doadoc Revised 9-29-14,Addendum No.2 ' i SECTION 00550-Notice to Proceed Dated TO: - (BIDDER) ADDRESS: i I Contract For: Roseland Lake Clearing and Dredging IRC Project No: 1219 IRC Bid No. 2014051 You are noted 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 100 days for Substantial Completion of this project and 11.5 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 9-29-14.Adden 2 doc.doc 00550-1 �. PAPublic WhrWENGINEERING DMSION PROJECTS11219-Roseland Lake ImprovementslAftIrMaster Contract OaaimenlsW0550-Notice to Proceed REV 9-29-14. Adden 2 doc.doc Rev.05101 �4xyE�� Board of County Commissioners A 180127th Street Vero Beach,Florida 32960-3365 Telephone: (772) 567-8000 Fax: (772) 778-9391 PRE-BID MEETING MINUTES SEPTEMBER 17,2014, 10:00 A.M. INDIAN RIVER COUNTY ADMINISTRATION BUILDING 1801277"STREET,VERO BEACH, FL 32960 Room Al-303 Project Name: ROSELAND LAKE CLEARING AND DREDGING Project Number: IRC 1219 Bid Number: 2014051 INTRODUCTIONS(SIGN IN SHEET. This is a PRE-BID MEETING;Attendance at this conference by all bidders was highly encouraged. The meeting was called to order by Michael Nixon. The-following is a list of the attendees: Michael Nixon,IRC Engineering Jennifer Hyde, IRC Purchasing Manager Deward Howard,IRC Construction Coordination Manager Michael Heller,IRC-Engineering Todd L.Tardif,IRC Stormwater Timothy Rose,Timothy Rose Construction Joseph Frederickson,Ferrejua Construction Devin Wheaton,Treasure Coast General Contractors,LLC Kevin Trost,Guettler Brothers Carter Kou, FWAK PROJECT DESCRIPTION: The proposed improvements to Roseland Lake include all work necessary to remove undesired sediment and vegetation from the.pond to reshape-and restore-the pond the original condition to create a maintenance area and to stabilize the pond banks.Exotic plant material around the pond needs to be removed and hauled off site and all-muck dredged from the-pond shall be completely removed from the site. Disturbed areas will need to be sodded as is shown in the construction plans. F:%Public WaAsTNOTNEERING DIVISION PRO]ECM1219-Roseland Uke hnproecments\AdmimlPre-bid meefingTre-bid meeting ndnutes for 9-17-14.doc ' CONTRACT DETAILS: Bid opening: October 8, 2014 at 2:00 p.m. at the IRC Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960 Contract time: Final Completion — 75 calendar days from Notice to Proceed. (To be revised in Addendum No. 2) Liquidated Damages:$884.00 per calendar day Late Bids will not be accepted. Correspondence/lines of Authority/Questions: Communications concerning this bid shall be directed to IRC Purchasing Division at purchasingC@irc og v.com . Questions will be limited up to 10 days prior to bid opening. Request for Information (RFI)or Clarification: Cut-Off-Date and Time is: Sunday, September 28, 2014 at 12:00p.m. PROJECT CONSULTANTS: Indian River County, Engineering Division (In-house design) (Construction Engineering and Inspection) Indian River County,Engineering Division Construction Management Staff ! i Engineer's Estimate—overall total project estimate is$100,000. - Maintenance,of Traffic. i 1. Contractor shall submit a Maintenance of Traffic Plan(does not need to be sealed bya P.E.)tothe Indian River County,Traffic Engineering Division for approval. 2. MOT is covered in Section 102 of the specifications, 3. Access to all residences and emergency vehicles shall be maintained at all times. 4. The Maintenance of Traffic Plan shall meet the FDOT Index 600 series,2014 edition. UTILITIES: FPL,AT&T,Comcast Cable Communications, Florida City Gas and any other utility will need to have i locates-prior to construction. Discussion: 1. Will the County provide a Best Management Practice Plan(BMP)in the bid documents? 2. Will the County provide a truck haul route? 3. Has the County tested the soils to be removed for contamination that could affect the disposal site? 4. Will the County consider extending the contract time to allow for soil drying and hauling? 5. Is there a Temporary Construction Easement to access private propertywhere the'lake is? These questions will be addressed in Addendum No.2 ATTACHED: Sign in sheet HNbEc WxWENGINEER NG D1VISION PROJEC.TS11319-RDsolond Lake lm provements\Adn imlPre-bid meelingWre-bid meetuig minutes J'or 9-17-14.doc PRE-BID CONFERENCE SIGN-IN SHEET " INDIAN RIVER COUNTY ENGINEERING I ROADWAY PRODUCTION ROSELAND LAKE CLEARING AND DREDGING IRC PROJECT#1219 IRC BID #2014051 -September 17,2014 10:00 A.M. NAME COMPANY&ADDRESS PHONE#/FAX#/-CELL# EMAIL ADDRESS 9V2— zu —IiYG v�r�lixv� IJP✓is t v-% 77a - �t i i r; ;cDe, Fery--jvv�- 'fvaevibk,soh Fecil2,h�v���S�`-% C0kA.5AV-L5C-+!°1,\ ` Z ¢,vvc,llrCA. Dt q VA V ca%4 w c. Co CA54 �,r�4g�rc CA-41 7 2, .2.0 6-V I a 31,q 5, �.' F-Tublic WorIcAENGWEERING DMSION PROJECTS\1219-Roseland Lake Improvements\Admim\Pre-bid meetingU re Bid SIGN-IN- SHEET.doc PRE-BID CONFERENCE SIGN-IN.SHEET INDIAN RIVER,COUNTY ENGINEERING%ROADWAY PRODUCTION ROSELAND LAKE CLEARING AND DREDGING IRC'PROJECT #1219 IRC BID #2014051 September 17,201410:00 A.M. NAME COMPANY&ADDRESS PHONE#/.FAX#!CELL# EMAIL ADDRESS EroircgP,ors oh �enniTr--r Z — -7S pbu-L wslny@ I)u r&xd-s F:Tublic Worlm\ENGR EERNG DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Pre bid meetingTre Bid SIGN IN- SHEET.doc BOARD OF COUNTY COMMISSIONERS �4 VE�p y ��'CpRIOq' October 21, 2014 Mancil's Tractor Service, Inc. Attn:Don R.Mancil,Jr. 4551 SE Hampton Court Stuart, FL 34997 NOTICE OF AWARD Reference: Indian River County Bid No.2014051 Roseland Lake Clearing and Dredging Dear Mr. Mancil: It is my pleasure to inform you that on October 21, 2014, the Board of County Commissioners awarded the above-referenced project to your company.The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Public Construction Bond in the amount of 100%of the contract amount($183,570.00). 2. Two Siened Copies of Enclosed Agreement. 3. Certificate of Insurance indicating coverage required by Article 5 of the Supplemental Conditions (section 00800 of the bid documents). Certificate(s) must name Indian River County. Sindy L. Smith, Parcel #30382100010000000001.00 and Robert K. & Ernestine C. Musante Parcel #30382100009000000006.0 as an additional insureds, 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, November 5, 2014. 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 `` - Jennifer Hyde Purchasing Manager cc: Michael Nixon, P.E., Roadway Production Manager Office of Management and Budget•Purchasing Division 1800 27`h Street,Vero Beach,Florida 32960•(772)226-1416•Fax:(772)770-5140 E-mail:purchasins@irceov.com SECTION 00520 -Agreement(Public Works) TABLE OF CONTENTS Title Page ARTICLE1 -WORK.................................................................................................................................2 ARTICLE2 -THE PROJECT..................................................................................................................2 ARTICLE 3-ENGINEER........................................................................................................................2 ARTICLE 4-CONTRACT TIMES.........................................................................................................2 ARTICLE5-CONTRACT PRICE..........................................................................................................3 ARTICLE 6-PAYMENT PROCEDURES.............................................................................................3 ARTICLE 7-INDEMNIFICATION........................................................................................................5 ARTICLE 8-CONTRACTOR'S REPRESENTATIONS......................................................................5 ARTICLE 9-CONTRACT DOCUMENTS............................................................................................6 ARTICLE 10-MISCELLANEOUS.........................................................................................................7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520-18:\2013-2014 FY(2014000)\2014051 Roseland Lake Dredging-REBID\00520-Agreement(Public Works)REV Addend.No.2,9-29-14. doc.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 Mancil's Tractor Service, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows* ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project consists of the clearing of trees, brush, cattails and other exotic vegetation, excavation and dredging of the existing lake bottom to a depth of 3 to 5 feet below the existing lake bottom, re-grading of the lake bank, and the removal and replacement of drainage culverts. 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: Roseland Lake Clearing and Dredging County Project Number: 1219 Bid Number- 2014051 Project Address- 126th Street and 79th Avenue, Sebastian, Florida ARTICLE 3— ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and 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 100th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General 00520-2B:\2013-2014 FY(2014000)\2014051 Roseland Lake Dredging-REBID\00520-Agreement(Public Works)REV Addend.No.2,9-29-14 doc.doc Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 115th 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 884.00 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 $884.00 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 5.01.6, 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: $ 183,570.00 Written Amount: One hundred eighty-three thousand five hundred seventy dollars and zero cents ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with 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 00520-36:\2013-2014 FY(2014000)\2014051 Roseland Lake Dredging-REBID\00520-Agreement(Public Works)REV Addend.No.2,9-29-14. doc.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. 00520-46:\2013-2014 FY(2014000)\2014051 Roseland Lake Dredging-REBID\00520-Agreement(Public Works)REV Addend.No.2,9-29-14 doc.doc ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20(Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00520-5B:\2013-2014 FY(2014000)\2014051 Roseland Lake Dredging-REBID\00520-Agreement(Public Works)REV Addend.No.2,9-29-14. doc.doc I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following- 1. This Agreement(pages 00520-1 to 00520-9, inclusive); 2 Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance(page 00620-1); 5. Contractor's Application for Payment(pages 00622-1 to 00622-6 inclusive); 6. General Conditions (pages 00700-1 to 00700-43, inclusive); 7. Supplementary Conditions(pages 00800-1 to 00800-11, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions. 9. Drawings consisting of a cover sheet and sheets numbered 1 through 7, inclusive, with each sheet bearing the following general title: Roseland Lake Clearing and Dredging; 10. Addenda (numbers 1 to 2, inclusive); 11. Appendices to this Agreement(enumerated as follows): Appendix A—Geotechnical Report Appendix B—Fertilizer Ordinances Appendix C—Project Report 12. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 13. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive); 14 Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 15. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 16. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 00520-66:\2013-2014 FY(2014000)\2014051 Roseland Lake Dredging-REBID\00520-Agreement(Public Works)REV Addend.No.2,9-29-14 doc.doc I a) Written Amendments; b) Work Change Directives; c) Change Order(s). 17. Contractor's Final Certificate of the Work(page 00632-1 &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 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- 00520-76:\2013-2014 FY(2014000)\2014051 Roseland Lake Dredging-REBID\00520-Agreement(Public Works)REV Addend.No.2,9-29-14 doc.doc (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Contractor upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] I 00520-8B:\2013-2014 FY(2014000)\2014051 Roseland Lake Dredging-REBID\00520-Agreement(Public Works)REV Addend.No.2,9-29-14 doc.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on October 21, 2014 (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 MANCIUS TRACTOR SERVICE, INC By: P ter D. O'Bryan, Chairman l c_- Q` �+ (Contractor) By: t") (CORPORATE SEAL) oseph A. Baird, County Ad nistrato 1c � �4 ® s.Attte* DON R.MA CIL,JR., PRE IDENVSECRETARY APPROVED AS TO RM ND LEGAL SUFF CY: J , By: Dylan Reingold, County Attorney Address for giving notices: 4551 SE HAMPTON COURT `o"b` STHART FI 34997 � to - Smith, Cler of Court and Co t er 2� s License No. CGC 1518859 e� st. •`—' (Where applicable) � •,��+ Deputy Cler Agent for service of process: DON R.MANCIL,JR. erl�'nated Representative: Name: Christopher J. Kafer, Jr. P.E. Designated Representative: Title: County Engineer Name: DON R.MANCIL, JR. 1801 27th Street Title- PRESIDENT Vero Beach, Florida 32960 _ Address: (772) 226-1221 4551 SE HAMPTON COURT Facsimile: (772) 778-9391 ��T`oa���A,., "�� STUART, FL 34997 c`� Phone: (772)288-0951 Facsimile: (772)288-0983 ° E (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ** END OF SECTION 00520-9B:\2013-2014 FY(2014000)\2014051 Roseland Lake Dredging-REBID\00520-Agreement(Public Works)REV Addend.No.2,9-29-14 doc.doc SECTION 00550 - Notice to Proceed Dated TO: (BIDDER) ADDRESS: Contract For: Roseland Lake Clearing and Dredging IRC Project No: 1219 IRC Bid No. 2014051 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 45 days for Substantial Completion of this project and 60 days for Final Completion. In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) -By: (AUTHORIZED SIGNATURE) (TITLE) 00550-Notice to Proceed REV 1-4-11.doc 00550-1 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementMAdmim\Master Contract Documents\00550-Notice to Proceed REV 1-4-11.doc Rev.05101 3120146; 63903 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2799 PG: 847,10/30/201410:20 AM 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: 9170415 CONTRACTOR NAME: MANCIUS TRACTOR SERVICE,INC. CONTRACTOR ADDRESS: 4551 SE HAMPTON COURT STUART,FL 34997 CONTRACTOR PHONE NO: (772)288-0951 SURETY COMPANY NAME: Fidelity and Deposit Company of Maryland SURETY PRINCIPAL 1400 American Lane BUSINESS ADDRESS: Schaumburg,IL 60196 SURETY PHONE NO: 800-382-2150 OWNER NAME: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OWNER ADDRESS: 1800 27TH STREET VERO BEACH,FL 32960 OWNER PHONE NO: (772)226-1416 OBLIGEE NAME: SAME AS ABOVE (If contracting entity is different from the owner,the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $183,570.00 CONTRACT NO: 1219 (If applicable) DESCRIPTION OF WORK: REMOVE UNDESIRED SEDIMENT,MUCK AND VEGETATION FROM THE POND,RESHAPE 8 RESTORE THE POND TO THE ORIGINAL CONDITION,STABILIZE THE POND BANKS. PROJECT LOCATION: ROSELAND LAKE,VERO BEACH,INDIAN RIVER COUNTY LEGAL DESCRIPTION: 126th Street and 79th Avenue Sebastian Florida (If applicable) FRONT PACE All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be printed thereon. 00610-2 00610-Public Construction Bond.doc • F:1Public Works%ENGINEERING DIVISION PROJECTS11219-Roseland Lake Improvements\Admim\Master Contract Documents100610- Public Construction Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE J.R.SMITH, CLERK BK: 2799 PG: 848 PUBLIC CONSTRUCTION BOND Bond No.9170415 (enter bond number) BY THIS BOND, We MANCIUS TRACTOR SERVICE,INC. , as Principal and Fidelity and Deposit Company of Maryland , a corporation, as Surety, are bound to INDIAN RIVER COUNTY herein called Owner, in the sum of$183,570.00 , 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 dated OCT 21 , 2014 , between Principal and Owner for construction of ROSELAND LAKE CLEARING&DREDGING , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON October 22 , 2014 MANCIUS TRACTOR SERVICE,[PC. D . AN JR.,PRESI .. . , (Name of Princil2al) c�: •Ca � aJn'�� (As Attorney in Fact) � n Woitcz , 1Jz� -, Fidelity and Deposit Company of Maryland < � (Name of Surety) W,; 00610-3 00610-Public Construction Bond.doc FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\00610-Public Construction Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE J.R SMITH, CLERK BK 2799 PG: 849 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the"Companies"),by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Kevin WOJTOWICZ,Glenn ARVANITIS and John R.NEU,all of St.Petersburg,Florida, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York_,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of May,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND eEAL 's�'�•---y�'t�= pw i iz O two otic 'F✓ Assistant Secretary Tice President Eric D.Barnes Thomas O.McClellan State of Maryland City of Baltimore On this 2416 day of May,A.D.2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year fust above written. Constance A Dunn,Notary Public My Commission Expires:July 14,2015 POA-F 031-00221 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 2799 PG: 850 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. 'Che Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances,stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof hearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of 0[L&w ,201�L. y',I,�1.`'� rJ �•4 .may' _T �:�o �" O ..�r.'-r .,�_,...- T 'µ��y, ,� • 111 � L ire.. ,;;:• O'_ „t rr. �' tars :,,SFS✓+zG,�4 � ..,t.,. ;.`� ,h. -!.. S;•:.}Wil, '��,l.r �♦ ' SICAL Geoffrey Delisio,Vice President �' E OF FLORIDA 1NDu,'N RIVER COliNT1' THIS IS TO CERTIFY THATTHIS ISA TRUE AND CORRFCT l0'< OF THE ORIGINAL ON FILE IN THIS OFFICE.THIS J;:.L]At:Y NAPE REOACiED . ORMATION AS STATED STATUE 119.01 J.R. MITH ERK ii 9 Y �. DEPU CLER' DATE (�9 MANCT-1 OP ID: KR ACORO� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYM 3120 10/23/20 4 `-� 14 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(les)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). ONACPRODUCER Phone:772-286-4334 NAAMME: Cabot Lord Stuart Insurance,Inc. Fax:772-286-9389 PHONE 772-286-4334 FAX 772-286-9389 3070 S W Mapp AIC No Ell: AIC No Palm City FL 34990 E-MAIL Cabot W.Lord ,CIC. aoDREss:clord@stuartinsurance.net INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Westfield Insurance 24112 INSURED Mancils Tractor Service,Inc. INSURER B: 4551 SE Hampton Ct. Stuart, FL 34997 INSURER C: 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. ILICY EXP TR TYPE OF INSURANCE POLICY NUMBER MM/DD� MM DDNM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X CMM7416829 02/04/2014 02/04/2015 PREMISESEa occurrence $ 150,00 CLAIMS-MADE FX1 OCCUR MED EXP(Any one person) $ 10,000 X XCU LIAB INCLUDED PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM P/OPAGG $ 2,000,00 POLICY X PRO LOC $ AUTOMOBILE LIABILITY EOMaBBIINdED entlSINGLE LIMIT $ 1,000,00 A X ANY AUTO CMM7416829 02/04/2014 02/04/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ COLL 8,COMP $ DED/1,00 X UMBRELLA LU\B X OCCUR EACH OCCURRENCE $ 1,000,00 A EXCESSLIA6 I CLAIMS-MADE CMM7416829 02/04/2014 02/04/2015 AGGREGATE $ 1,000,00 DED I X I RETENTION$ 0 Prod/CO A $ 1,000,00 WORKERS COMPENSATION WC STATLI TH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITSI IER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Inland Marine CMM7416829 02/04/2014 02/04/2015 Rented 225,00 equip. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Indian River County, Sindy L. Smith Parcel #30362100010000000001.0 nad Robert R. & Erenstine C. Musante Parcel #30382100009000000006.0 are named as additional insured. Bid No. 2014051 Roseland Lake Clearing and Dredging. 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. Board of County Commissioners 1801 27th St AUTHORIZED REPRESENTATNE _ Vero Beach,FL 32960 61 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AieOOR& CERTIFICATE OF LIABILITY INSURANCE D10/22/2014) 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(les)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 WBS acN; Exti: 866)293-3600 ext.623 FAX No): P.O.Box 6090 E-MAIL Clearwater,FL 33758-6090 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: American Zurich Insurance Company 40142 INSURED INSURER B: Workforce Business Services,Inc.Alt.Emp:Mancils Tractor Services Inc INSURER C: 1401 Manatee Ave.West Ste 600 Bradenton,FL 34205-6708 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:13FLO79807825 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. ILTR TYPE OF INSURANCE I S SBR POLICY NUMBER POLICY EFF MMIDD EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY AAI O E T ED PREMISES Ea occurrence $ CLAIMS-MADE 7 OCCUR MED EXP Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY 7 PRO LOC $ AUTOMOBILE LIABILITY LE I I Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOOr AUTOS BODILY INJURY(Per accident) $ NON-OWNED PR PER DAMAGE $ HIREDAUTOS AUTOS UMBRELLA LIABOCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X WC LIMITJ OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDED? ❑ NIA WC 90-00-818-03 12/31/2013 12/31/2014 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Qualifier:Don Mancil Jr Location Coverage Period: 12/31/2013 12/31/2014 Client# 051157 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Coverage is provided for Manciis Tractor Services Inc 4551 SE Hampton Ct only those employees Stuart,FL 34997 leased to but not subcontractors of: Endorsements:30 days written cancel notice(10 days for non payment of premium) CERTIFICATE HOLDER CANCELLATION Indian River County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1801 27th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Vero Beach,FL 32960 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SECTION 00622 - Contractor's Application for Payment ROSELAND LAKE CLEARING AND DREDGING Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Bid No.: 2014051 Project No.: 1219 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or-): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): % of completed Work: • of retainage: $ Total Retainage: $ 6 Total completed and stored to date less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622-Contractor's Application for Payment-03-10 rev.doc 00622-1 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Hdmim\Master Contract Doruments\00622-Contractors Application for Payment-03-10 rev.doc Rev.05/01 Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310, and Dated By: (CONTRACTOR— must be signed by an Officer of the Corporation) Print Name and Title STATE-OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this day of , 20 is personally known to me or has produced as identification. NOTARY PUBLIC: (SEAL) Printed name: Commission No.: _ Commission Expiration: [The remainder of this page was left blank intentionally] 00622-Contractor's Application for Payment-03-10 rev.doc 00622-2 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\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-Contractor's Application for Payment-03-10 rev.doc 00622-3 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsMmimWlaster Contract Documents\00622-Contractor's Application for Payment-03-10 rev.doc Rev.05/01 Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the .best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] 00622-Contractor's Application for Payment-03-10 rev doc 00622-4 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00622-Contractor's Application for Payment-03-10 rev.doc Rev.05/01 Page 5 of 5 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the-reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release-of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation,as to why the release of lien form is-not included (attach additional pages as necessary): 00622-Contractor's Application for Payment-03-10 rev doc 00622-5 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00622-Contractors Application for Payment-03-10 rev.doc Rev 05/01 PROJECT NAME: ROSELAND LAKE CLEARING AND DREDGING Project No. 1219 Payment Application No. .- e PREVIOUS BALANCE TO 3-Wim - SCHEDULED VALUE APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS FINISH Item No. Description Un_it _Quantity. U_nit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL ON r7 SUBTOTAL_, - , _,.S_UBTOT_AL 0.00 0.00 0.00 0.00 0.00 0.00 _ -_ _ v8 � 'c�„e z,`,p `� .� �$s�>s'�•m,. ,;:te. z A ic.�_ .z.��`"a,3 ''e3'e":. `.k''km .�.�,.. .�, FORCE ACCOUNT_.- -. 1_.,. _,_,LS GRAND TOTAL TOTAL 0.00 AMOUNT COMPLETED TO DATE $0.00 MATERIALS STORED TO DATE $0.00 SUB-TOTAL MATERIALS STORED AND COMPLETED TO y DATE $0.00 M RETAINAGE AT 10% $0.00 0 0 TOTAL COMPLETED AND STORED LESS RETAINAGE $0.00 N LESS PREVIOUS PAYMENT $0.00 m AMOUNT DUE CONTRACTOR $0.00 F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00622-Contractor's Application for Payment Spreadsheet Example.doc _l SECTION 00630 - Certificate of Substantial Completion Date of Issuance: 20 OWNER: Indian River County CONTRACTOR: Project No.:1219 Project: Roseland Lake Clearinq and Dredging Bid No. 2014051 CONTRACT FOR: Roseland Lake Clearinq and Dredging 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 days of the above date of Substantial Completion 00630-Certificate of Substantial Completion REV 04-07.doc 00630-1 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmim\Master Contract Documents\00630-Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER:- CONTRACTOR:- The 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.doc 00630-2 P\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements%dmim\Master Contract Documents\00630-Certificate of Substantial Completion REV 04-07.doc SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THEWORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: Roseland Lake Clearinq and Dredging IRC PROJECT NO: 1219 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\1219-Roseland Lake Improvements\Admirn 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\1219-Roseland Lake ImprovementsWdmirn 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: ROSELAND LAKE CLEARING AND DREDGING INDIAN RIVER COUNTY PROJECT# 1219 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�Ma er Registration Number: Y pP 9 Date Signed.and Sealed by'Professional Surveyor and Mapper: Company Name: Company Address: Telephone Number: 00634-Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07.doc 00634-1 F'\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsV\dmim\Master Contract Documents\00634-Professional Surveyor and Mappers Certification as to Elevations and Locations of the Work REV 04-07.doc Rev.06/01 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright©1996 National Society of Professional Engineers 1420 King Street, Alexandria,VA 22314 American Consulting Engineers Council 1015 15th Street N.W.,Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY..... . . .... . .: .. .. ... . ............ .. ..... ......... ... . .. 5 1.01 Defined Terms .. . . ... ........ ...... . . ... ........... .. . ... ............. . . .... .... . . . . .....5 1.02 Terminology................... . . ............... . . . .... ...... . .. ............. ... 7 ARTICLE 2- PRELIMINARY MATTERS.. .. ........ ....... . .............. .. .. . ..... ....... .. ........8 2.01 Delivery of Bonds............ . . . . . ...... ............ . . .. .......... . . . . . ... ... ... .. ........8 2.02 Copies of Documents . .................. .. . ......... ...... . . ... . .......8 2.03 Commencement of Contract Times;Notice to Proceed...... . .. ... . ... . .. . ............ . ....... .... ..8 2.04 Starting the Work....... . . .... ....... . ....... ... . ....... .......... ...8 2.05 Before Starting Construction.............. . . ............. . .. . .................. . . ........... . .. ........8 2.06 Preconstruction Conference. .................. . .. .. .......... ...... ... . ...... ... . . . ............ ...9 2.07 Initial Acceptance of Schedules... .. .. ... .. ......... . .. .. . ... . .. . .. ............ .. .. .. .....9 ARTICLE 3-CONTRACT DOCUMENTS- INTENT, AMENDING, REUSE ... . . .. .......... . . ... ... ........ . . 9 3.01 Intent .. .. ..... ..... ... .. .......... . .. . ........ .... 9 3.02 Reference Standards . ........ . ... . . .. ......... .. . . ... . .. ... ......... . ... .. .. ... .. ..... .........9 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........ . . .. ......... ...... ... .... . . .. .. .. ......... ... ... .... . .....14 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............... . .. ... .. ..... .. .... .. .... .... .. . ..............17 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.......... ....... ...... .. ........ .. .. ............18 6.03 Services, Materials, and Equipment 18 6.04 Progress Schedule 19 6.05 Substitutes and"Or-Equals"... . . ..... ... . . .... .. . . .. .. ....... 19 6.06 Concerning Subcontractors, Suppliers, and Others ........... . .20 6.07 Patent Fees and Royalties ... ... .. .. .. .. .. . .....21 6 08 Permits..... . .21 6 09 Laws and Regulations . . .. . ...... . . ... ...... . .21 00700-General Conditions REV 5-10-13.doc 00700-2 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdminnWaster Contract Documents\00700-General Conditions REV 5-10-13 doc 6.10 Taxes....... ... .. .... ........ .. . .. . .. .................. .... . .. ... . ... .. ............................ . .........22 6.11 Use of Site and Other Areas............... . ..... ... .. ... ..... ......................... .. . .. ................ ...... .22- 6.12 Record Documents ... .. . .......... ... .. .............. ... ....... .. . . ... ............................ .. ...... ..........23 6.13 Safety and Protection...................... ........... . .. ....................... ...... . . .. ... ........... .. . .....23 6.14 Safety Representative..................... . ......... . .. . .. .................. ..... .. ..... . . .......... . ...23 6.15 Hazard Communication Programs... .......... ...................... .. ... ................................ ... ....... . .......23 6.16 Emergencies. ......... .. . . ..... ..... . . ............ .. ........... ... . . ... ... .. . .. ............. ........ . . . . ....23 6 17 Shop Drawings and Samples.......... .. . ......... . . ... . ................ .. ..... . ...... ............ .. .23 6.18 Continuing the Work. .................. ...................... ... ... ... ... .. ..................... . . ...... .. .........25 6 19 CONTRACTOR's General Warranty and Guarantee ............ ....... .. .. ............ .. . .. .......... . . .25 6.20 Indemnification.......................... ........ .. ...... .. ... .... ...... ... .. ........... ........... ... . ... ............ . .25 ARTICLE7-OTHER WORK ...... ... . ... ... .. . ............................. .. ................... . ................ . . .. .. .. .. . ....26 7 01 Related Work at Site .......................... ............. . .... .. ................................. . . .. . .. ..... ...26 7.02 Coordination........ ..... . ...... ... .. ... . ..... ................... .............. . . ... ....... ........ .. .. .. ..26 ARTICLE 8-OWNER'S RESPONSIBILITIES .. . .. ... . ...................... .. .... ...... ...... . . .. ....... ....... .. .. ......26 8 01 Communications to Contractor.... . .. ........ ...... ........ ..... . .. . .. . ... ......... . . ..26 8.02 Replacement of ENGINEER...... .. .... .............. ........................................ ...... ..... . . ... ......... ..26 8.03 Furnish Data .. .... . ... ............ . .... ......... .......... . .. . .. .. ... .. .27 8.04 Pay Promptly When Due ..... .. . .. . . ... ............ ... . ... .. .... ......... ... .. .. . .27 8.05 Lands and Easements, Reports and Tests. ................... . . .. ... . ...... . ................. .. . . . .. .27 8.06 Insurance. ........ .. .. ........ . . . . ...... .. .. .. .. .. ................. . ... . .27 8 07 Change Orders.. .. ... . ....... ..... ... .. ................... ... .. . ... . . . . ................. ...... .... .. .. ......27 8 08 Inspections, Tests, and Approvals. ........ ...... .... ... .. . . . . . . ..... ..... . ..... .. . ..........27 8 09 Limitations on OWNER's Responsibilities....... ... .. ... ...... ........... ... ... .... .. .... .... .. . ... . .27 8 10 Undisclosed Hazardous Environmental Condition . ........... .. .. . ...... . . .... ..... .. . .27 8.11 Evidence of Financial Arrangements. .. ........... ... ...... .. . . . . . . . .... .. ... .......... .. . .... .. ..27 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION......... .. ... ......... ... .. . ... . .... ............ ......27 9.01 OWNER'S Representative . .. . ... .. .... ... ... .. ..... ....... ... ...... . . ... .... ...... ..... ... .. ...27 9.02 Visits to Site . . . . . ............. .. ... .... . . . .. ... .. . . ....... ... . .... . .. .. .27 9.03 Project Representative .. . .... . . ... ... .................. .. .. .28 9.04 Clarifications and Interpretations. . .... . . .. ...... ........ ..... . . ....... .... ..28 9.05 Authorized Variations in Work. . . ... ...... ......... . ..... ...... ... .. . ... ... . ... . . . . ....... .28 9.06 Rejecting Defective Work . . . .. ............... ............. .. ..... . .. ...... . .......... ... . . .......28 9.07 Shop Drawings, Change Orders and Payments.................. ....... ...... .... ..... ..... .... . . . ......28 9.08 Determinations for Unit Price Work.... .. .. ....... .. . .. ...................... . ... ... . . ........... . . .... . ......28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work... . . ..... ... ..... .. .28 9 10 Limitations on ENGINEER's Authority and Responsibilities.................... .. . .. ........ ...... .. ... .29 ARTICLE 10-CHANGES IN THE WORK, CLAIMS.. . .... ......... . . .... ................. ... ..29 10.01 Authorized Changes in the Work..... . . . .... .......... .. . ............. ............ . . ...... ................... ...29 10.02 Unauthorized Changes in the Work. .. .... .... ......................... ........ ... .. ............. . ... ... .....29 10.03 Execution of Change Orders........ .. ... ................... .. . .. ............. .... ... ....... .. .. ... ..........29 10 04 Notification to Surety ..... .... ................ . ... ..... ... .. . ... . .............. . . ...... ..... .. 30 10 05 Claims and Disputes................ ... .. ....... .. ... .. ............ . .. . . . . ........ ..30 ARTICLE 11 -COST OF THE WORK, CASH ALLOWANCES; UNIT PRICE WORK... .. . . ..30 11.01 Cost of the Work. ........ ... .. . ... . ..... .... .... . . . .....30 11.02 Cash Allowances . . .......... .. .... .. .. .. ... . . . ...... . .. .... ..... .. 32 11.03 Unit Price Work . .............. .. ...... .... ...... . .. . ...... ... . ..... ... .. 33 ARTICLE 12-CHANGE OF CONTRACT PRICE, CHANGE OF CONTRACT TIMES .. . .. .... .33 12.01 Change of Contract Price. ..33 12.02 Change of Contract Times . . .. ........ . .. .. .... ...... .... ... . . 34 00700-General Conditions REV 5-10-13 doc 00700-3 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland lake ImprovementsWdminnWaster Contract Documents\00700-General Conditions REV 5-10-13 doe 12.03 Delays Beyond CONTRACTOR's Control................. . .. ..................... ..... .. ........ ..... .... .. ..34 12.04 Delays Within CONTRACTOR's Control .. .. . ...... ....................... . ............................. ....... 34 12.05 Delays Beyond Owners and CONTRACTOR's Control... ................... .. ...... ............. . . . ......34 12.06 Delay Damages . ... ........... .. . . . ..... ....... ..............: . ............................... .... ............... ... 34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK..................... .......... . .. ....... .. . .. . ......... ........ ... . ... ..... ........ . . ....34 13.01 Notice of Defects... .... ... .. ...... . . . . ..................... .. ..... ..... ........... . . ......34 13.02 Access to Work............................. ..................... .. . ... .................... .. .. .... ... .. .. ......... . 34 13.03 Tests and Inspections ... .. . . . . ............ .... ..................................... . .. ... ... ......... ...35 13.04 Uncovering Work... . . .. .......... ... ................ ........ .. . ............ .... ... . ...........35 13.05 OWNER May Stop the Work......... ...... .... ............ ............ ........ . .. . . . ......... . .. ......35 13.06 Correction or Removal of Defective Work................ ... ..................... ..... . .... . .. . ........... ..... 36 13 07 Correction Period.. .. . . .. .. . . . . . .. .............. ... . . ......... ..... ... ........ .... ......36 13.08 Acceptance of Defective Work. ... . ..................... .. ..... .................. . ............. . . .............. ... 36 13.09 OWNER May Correct Defective Work.... ... ..... . .......... . . . .. . . ...... ...... ... ... .... .....36 ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION ..... ....... . . ........ .... . . . ....... ..... ...37 14.01 Schedule of Values. . .. .... . . .... .............. . . . ... ..................... .. ... ...... ..37 14.02 Progress Payments... . ........ ... .... ... ....... ............. ... .... .... ... ........................ .. ............ .... 37 14.03 CONTRACTOR's Warranty of Title. ..................... .... ....... ..... .......... . ..... .. ............... 39 14.04 Substantial Completion............ ........................... ... ................. ....... .... ..... . ............. . ... .39 14.05 Partial Utilization................... .... ..... ...... ... ......... .... ............................... . .... .... ...... ...... .39 14.06 Final Inspection............... . ..... ..... . ...... ........... .... .................. . ..... . .. . ...... . .. .. 40 14.07 Final Payment................ . ..... ... .. ... . ...... ....................... ... ....... ........ .. . . . .. ..40 14.08 Final Completion Delayed.................... ........... .... . ......... ..... ............... .................... .41 14 09 Waiver of Claims..... ............ .. . ... ... ... .. .. ... ... ..... ... .. .... ...... ................ .... .. .. .... .... 41 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION... ...... ........... .... .. ...... . ......... . . .........41 15.01 OWNER May Suspend Work......................... . ....... .. . ..... .......... ... .. . . . . ...... . .. .. .... 41 15.02 OWNER May Terminate for Cause. .. .... . .......... .. . .... .. ...... . .... . ........... .. . .41 15.03 OWNER May Terminate For Convenience. . . . .... ... .... .. .... . .. ...... . ........ .. ...42 15 04 CONTRACTOR May Stop Work or Terminate . .... . . .. . ...... ... . .... ...... . .. . .42 ARTICLE 16- DISPUTE RESOLUTION . ... .. . ................... ..... ... ... ...... .. ..... .... ..... ....... . . 42 16.01 Methods and Procedures .. .. . ...... ...... ........... . . ...... . .......... .. .............. 42 ARTICLE 17-MISCELLANEOUS............. .. ....... ... ... .. .......... .. . . . ..................... .. ...... .......... ............. ..43 17.01 Giving Notice .. ........ .... ........................... ... . . .... ....... .................... . ..... ....... ........ .. .43 17.02 Computation of Times..... . . ... ... ... ............... . . . .. ...... .... ........ .... .. ... .. ... .... .43 17.03 Cumulative Remedies...... ........... ......... ................... . . .. . ......................... ...... ........... . ..43 17.04 Survival of Obligations......................... ................. ... . .. .. . . .................................. .43 17.05 Controlling Law. . ............ ................................ ...... .. . ............. ....... .. ... .43 00700-General Conditions REV 5-10-13.doc 00700-4 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdminnWaster Contract Documents\00700-General Conditions REV 5-10-13.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10. Claim—A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other 1.01 Defined Terms relief with respect to the terms of the Contract. A demand for money or services by a third party is not a A. Wherever used in the Contract Documents Claim. and printed with initial or all capital letters, the terms listed below will have the meanings indicated which 11. Contract—The entire and integrated are applicable to both the singular and plural thereof. written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract 1 Addenda--Written or graphic instruments supersedes prior negotiations, representations, or issued prior to the opening of Bids which clarify, agreements,whether written or oral. correct, or change the Bidding Requirements or the Contract Documents. 12. Contract Documents—The Contract Documents establish the rights and obligations of the 2. Agreement—The written instrument which parties and include the Agreement, Addenda (which is evidence of the agreement between OWNER and pertain to the Contract Documents), CONTRACTOR's CONTRACTOR covering the Work. Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3. Application for Payment—The form Notice of Award) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed, the Bonds, these CONTRACTOR during the course of the Work in General Conditions, the Supplementary Conditions, requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents. with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's 4 Asbestos--Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement. Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States Occupa- subsurface and physical conditions are not Contract tional Safety and Health Administration. Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files 5 Bid--The offer or proposal of a bidder in electronic media format of text, data, graphics, and submitted on the prescribed form setting forth the the like that may be furnished by OWNER to prices for the Work to be performed. CONTRACTOR are not Contract Documents. 6. Bidding Documents--The Bidding 13. Contract Price—The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the (including all Addenda issued prior to receipt of Bids). Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of 7. Bidding Requirements—The paragraph 11.03 in the case of Unit Price Work). Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form 14. Contract Times-The number of days or with any supplements. the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so 8. Bonds—Performance and payment bonds that it is ready for final payment as evidenced by and other instruments of security. ENGINEER's written recommendation of final pay- ment. 9. Change Order--A document recommend- ed by ENGINEER which is signed by CONTRACTOR 15. CONTRACTOR--The individual or entity and OWNER and authorizes an addition, deletion, or with whom OWNER has entered into the Agreement. revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the 16 Cost of the Work—See paragraph 11 01.A Effective Date of the Agreement. for definition 00700-General Conditions REV 5-10-13.doe 00700-5 F-\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmitnWaster Contract Documents\00700-General Conditions REV 5-10-13.doc 17. Drawings—That part of the Contract completion date or time prior to Substantial Comple- Documents prepared or approved by .ENGINEER tion of all the Work. which graphically shows the scope, extent, and character of the Work to be performed by 28. Notice of Award—The written notice by CONTRACTOR. Shop Drawings and other OWNER to the apparent successful bidder stating that CONTRACTOR submittals are not Drawings as so upon timely compliance by the apparent successful defined. bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes 29. Notice to Proceed—A written notice given effective, but if no such date is indicated, it means the by OWNER to CONTRACTOR fixing the date on date on which the Agreement is signed and delivered which the Contract Times will commence to run and by the last of the two parties to sign and deliver. on which CONTRACTOR shall start to perform the Work under the Contract Documents. 19. ENGINEER—The individual or entity named as such in the Agreement. 30. OWNER—The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is entity having a contract with ENGINEER—terrnish to be performed. services as ENGINEER's in ent professional associate or consul respect to the Project and 31. Partial Utilization—Use by OWNER of a who is � ied as such in the Supplementary substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 21. Field Order—A written order issued by ENGINEER which requires minor changes in the 32. PCBs--Polychlorinated biphenyls. Work but which does not involve a change in the Contract Price or the Contract Times. 33. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard 22. General Requirements—Sections of conditions of temperature and pressure (60 degrees Division 1 of the Specifications. The General Fahrenheit and 14.7 pounds per - square inch Requirements pertain to all sections of the Specifica- absolute), such as oil, petroleum, fuel oil, oil sludge, oil tions. refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 23. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, 34. Project—The total construction of which Hazardous Waste, or Radioactive Material in such the Work to be performed under the Contract quantities or circumstances that may present a Documents may be the whole, or a part as may be substantial danger to persons or property exposed indicated elsewhere in the Contract Documents. thereto in connection with the Work. 35. Project Manual--The bound documentary 24. Hazardous Waste—The term Hazardous information prepared for bidding and constructing the Waste shall have the meaning provided in Section Work. A listing of the contents of the Project Manual, 1004 of the Solid Waste Disposal -Act (42 USC which may be bound in one or more volumes, is Section 6903)as amended from-time to time. contained in the table(s)of contents. 25 Laws and Regulations, Laws or Regulat- 36. Radioactive Material—Source, special ions—Any and all applicable laws, rules, regulations, nuclear, or byproduct material as defined by the ordinances, codes, and orders of any and all govern- Atomic Energy Act of 1954 (42 USC Section 2011 et mental bodies, agencies, authorities, and courts seq.)as amended from time to time. having jurisdiction 37. Resident Project Representative—The 26 Liens--Charges, security interests, or authorized representative of ENGINEER who may be encumbrances upon Project funds, real property, or assigned to the Site or any part thereof personal property 38 Samples--Physical examples of 27. Milestone--A principal event specified in materials, equipment, or workmanship that are the Contract Documents relating to an intermediate representative of some portion of the Work and which 00700-General Conditions REV 5-10-13.doc 00700-6 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc establish the standards by which such portion of the 47. Unit Price Work—Work to be paid for on Work will be judged. the basis of unit prices. 39. Shop Drawings—All drawings, diagrams, 48. Work—The entire completed construction illustrations, schedules, and other data or information or the various separately identifiable parts thereof re- which are specifically prepared or assembled by or for quired to be provided under the Contract Documents. CONTRACTOR and submitted by CONTRACTOR to Work includes and is the result of performing or illustrate some portion of the Work. providing all labor, services, and documentation necessary to produce such construction, and 40. Site—Lands or areas indicated in the furnishing, installing, and incorporating all materials Contract Documents as being furnished by OWNER and equipment into such construction, all as required upon which the Work is to be performed, including by the Contract Documents. rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are 49 Work Change Directive—A written designated for the use of CONTRACTOR. statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by 41. Specifications—That part of the Contract OWNER and recommended by ENGINEER ordering Documents consisting of written technical descriptions an addition, deletion, or revision in the Work, or of materials, equipment, systems, standards, and responding to differing or unforeseen subsurface or workmanship as applied to the Work and certain physical conditions under which the Work is to be administrative details applicable thereto. performed or to emergencies. A Work Change Directive will not change the Contract Price or the 42. Subcontractor--An individual or entity Contract Times but is evidence that the parties expect having a direct contract with CONTRACTOR or with that the change ordered or documented by a Work any other Subcontractor for the performance of a part Change Directive will be incorporated in a subse- of the Work at the Site. quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price 43. Substantial Completion—The time at or Contract Times. which the Work (or a specified part thereof) has progressed to the point where, in the opinion of 50. Written Amendment--A written statement ENGINEER, the Work (or a specified part thereof) is modifying the Contract Documents, signed by sufficiently complete, in accordance with the Contract OWNER and CONTRACTOR on or after the Effective Documents, so that the Work (or a specified part Date of the Agreement and normally dealing with the thereof) can be utilized for the purposes for which it is nonengineering or nontechnical rather than strictly intended. The terms "substantially complete" and construction-related aspects of the Contract Docu- "substantially completed"as applied to all or part of the ments. Work refer to Substantial Completion thereof 1.02 Terminology 44. Supplementary Conditions--That part of the Contract Documents which amends or A. Intent of Certain Terms or Adjectives supplements these General Conditions. 1 Whenever in the Contract Documents the 45. Supplier—A manufacturer, fabricator, terms "as allowed," "as approved," or terms of like supplier, distributor, materialman, or vendor having a effect or import are used, or the adjectives direct contract with CONTRACTOR or with any "reasonable," "suitable," "acceptable," "proper," Subcontractor to furnish materials or equipment to be "satisfactory," or adjectives of like effect or import incorporated in the Work by CONTRACTOR or any are used to describe an action or determination of Subcontractor. ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in 46. Underground Facilities--All underground general, the completed Work-for compliance with pipelines, conduits, ducts, cables, wires, manholes, the requirements of and information in the Contract vaults, tanks, tunnels, or other such facilities or Documents and conformance with the design attachments, and any encasements containing such concept of the completed Project as a functioning facilities, including those that convey electricity, gases, whole as shown or indicated in the Contract steam, liquid petroleum products, telephone or other Documents (unless there is a specific statement communications, cable television, water, wastewater, indicating otherwise) The use of any such term or storm water, other liquids or chemicals, or traffic or adjective shall not be effective to assign to ENGI- other control systems. NEER any duty or authority to supervise or direct the performance of the Work or any duty or 00700-General Conditions REV 5-10-13.doc 00700-7 F'\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmirnWaster Contract Documents\00700-General Conditions REV 5-10-13 doc authority to undertake responsibility contrary to the used in the Contract Documents in accordance with provisions of paragraph 9.10 or any other provision such recognized meaning. of the Contract Documents. B. Day ARTICLE 2 -PRELIMINARY MATTERS 1. The word "day" shall constitute a calendar day of 24 hours measured from 2.01 Delivery of Bonds midnight to the next midnight. A. When CONTRACTOR delivers the executed C. Defective Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR 1. The word "defective,"when modifying may be required to furnish. the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does 2.02 Copies of Documents not conform to the Contract Documents or does not meet the requirements of any inspection, A. OWNER shall furnish to CONTRACTOR up reference standard, test, or approval referred to to ten copies of the Contract Documents. Additional in the Contract Documents, or has been copies will be furnished upon request at the cost of damaged prior to ENGINEER's recom- reproduction. mendation of final payment (unless responsi- bility for the protection thereof has been 2.03 Commencement of Contract Times, Notice assumed by OWNER at Substantial to Proceed Completion in accordance with paragraph 14.04 or 14.05). A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- D Furnish, Install, Perform, Provide ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- 1. The ward-°furnish," when used ; ceed may be given at any time within 30 days after the Gennestien with seWiGes, materials, sF Effective Date of the Agreement. In no event will the equipment, shall-mean tosupply -deliver Contract Times commence to run later than the coir) coniiGes materials or oo,iinmon+ to the ninetieth day after the day of Bid opening or the Site (or some other spe�_fied_ ready f4o thirtieth day after the Effective Date of the Agreement, whichever date is earlier 2.04 Starting the Work 2. The-ward"ins all," whtzn -,F;ed-i^ GanneG+i R With -serv,Ges, materials, of A. CONTRACTOR shall start to perform the t, shall mean tG Put iRtG use or plaGe Work on the date when the Contract Times com- mence to run. No Work shall be done at the Site prior e .aipment Gempiete and ready for in+o.,rlorl to the date on which the Contract Times commence to use. run. 3. The-werds "per#e„m"er "n�idelfll 2.05 Before Starting Construction w#e.nused- in Gern^eGt,G—with sewlGe� materials, Shall Mean tQ fiwnksh A. CONTRACTOR's Review of Contract Docu- aad- install. sea;Ges, materials, sr ments. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the use. Contract Documents and check and verify pertinent figures therein and all applicable field measurements. 4. When "furnish," "install," "perform," or CONTRACTOR shall promptly report in writing to "provide" is not used in connection with services, ENGINEER any conflict, error, ambiguity, or materials, or equipment in a context clearly discrepancy which CONTRACTOR may discover and requiring an obligation of CONTRACTOR, shall obtain a written interpretation or clarification from "provide" is implied. ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable E. Unless stated otherwise in the Contract Docu- to OWNER or ENGINEER for failure to report any ments, words or phrases which have a well-known conflict, error, ambiguity, or discrepancy in the technical or construction industry or trade meaning are 00700-General Conditions REV 5-10-13.doc 00700-8 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\00700-General Conditions REV 5-10-13.doc Contract Documents unless CONTRACTOR knew or ate will be held to review for acceptability to ENGI- reasonably should have known thereof. NEER as provided below the schedules submitted in accordance with paragraph 2.05.13. CONTRACTOR B. Preliminary Schedules: Within ten days after shall have an additional ten days to make corrections the Effective Date of the Agreement(unless otherwise and adjustments and to complete and resubmit the specified in the General Requirements), CONTRAC- schedules. No progress payment shall be made to TOR shall submit to ENGINEER for its timely review: CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. a preliminary progress schedule indicating the times (numbers of days or dates) 1. The progress schedule will be for starting and completing the various stages acceptable to ENGINEER if it provides an of the Work, including any Milestones specified orderly progression of the Work to completion in the Contract Documents; within any specified Milestones and the Contract Times. Such acceptance will not 2. a preliminary schedule of Shop impose on ENGINEER responsibility for the Drawing and Sample submittals which will list progress schedule, for sequencing, scheduling, each required submittal and the times for sub- or progress of the Work nor interfere with or mitting, reviewing, and processing such relieve CONTRACTOR from CONTRACTOR's submittal; and full responsibility therefor. 3 a preliminary schedule of values for 2. CONTRACTOR's schedule of Shop all of the Work which includes quantities and Drawing and Sample submittals will be prices of items which when added together acceptable to ENGINEER if it provides a equal the Contract Price and subdivides the workable arrangement for reviewing and Work into component parts in sufficient detail to processing the required submittals. serve as the basis for progress payments during performance of the Work. Such prices 3. CONTRACTOR's schedule of values will include an appropriate amount of overhead will be acceptable to ENGINEER as to form and profit applicable to each item of Work. and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. the Site is started, CONTRACTOR and OWNE all each deliver to the other, with copi o each ARTICLE 3-CONTRACT DOCUMENTS: INTENT, additional insured identified in t upplementary AMENDING, REUSE Conditions, certificates of insurance (and other evidence of insurance ich either of them or any additional insur may reasonably request) which 3.01 Intent CONTRA and OWNER respectively are A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all. 2.06 Preconstruction Conference B. It is the intent of the Contract Documents to describe a functionally complete Project(or part there- to run, but before any Work at the Site i arted, a 'of) to be constructed in accordance with the Contract conference attended by CONTRACT , ENGINEER, Documents. Any labor, documentation, services, and others as appropriate wil held to establish a materials, or equipment that may reasonably be working underst-ndi— 06-n-, the parties as tG the inferred from the Contract Documents or from Work and to disc a schedules referred to in para- prevailing custom or trade usage as being required to graph 2.05: rocedures for handling Shop Drawings produce the intended result will be provided whether and er submittals, processing Applications for or not specifically called for at no additional cost to wrient and rnaintaiRiRg required . OWNER. 2.07 Initial Acceptance of Schedules C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER A. Unless otherwise provided in the Contract as provided in Article 9 Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri- 00700-General Conditions REV 5-10-13.doc 00700-9 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmimWaster Contract Documents\00700-General Conditions REV 5-10-13.doc 3.02 Reference Standards B. Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and 1. Except as may be otherwise Regulations specifically stated in the Contract Documents, the provisions of the Contract Documents shall 1. Reference to standards, specifica- take precedence in resolving any conflict, error, tions, manuals, or codes of any technical ambiguity, or discrepancy between the society, organization, or association, or to Laws provisions of the Contract Documents and: or Regulations, whether such reference be specific or by implication, shall mean the stan- a. the provisions of- any standard, dard, specification, manual, code, or Laws or specification, manual, code, or instruction Regulations in effect at the time of opening of (whether or not specifically incorporated by Bids (or on the Effective Date of the Agreement reference in the Contract Documents); or if there were no Bids), except as may be otherwise specifically stated in the Contract b the provisions of any Laws or Documents. Regulations applicable to the performance of the Work(unless such an interpretation of 2. No provision of any such standard, the provisions of the Contract Documents specification, manual or code, or any instruction would result in violation of such Law or of a Supplier shall be effective to change the Regulation) duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their 3 04 Amending and Supplementing Contract subcontractors, consultants, agents, or employ- Documents ees from those set forth in the Contract Documents, nor shall any such provision or A. The Contract Documents may be amended to instruction be effective to assign to OWNER, provide for additions, deletions, and revisions in the ENGINEER, or any of ENGINEER's Work or to modify the terms and conditions thereof in Consultants, agents, or employees any duty or one or more of the following ways: (i) a Written authority to supervise or direct the performance Amendment; (ii) a Change Order; or (iii) a Work of the Work or any duty or authority to Change Directive. undertake responsibility inconsistent with the provisions of the Contract Documents. B The requirements of the Contract Documents may be supplemented and minor variations and 3.03 Reporting and Resolving Discrepancies deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) A. Reporting Discrepancies ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarifi- 1. If, during the performance of the cation Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con- 3.05 Reuse of Documents tract Documents or between the Contract Documents and any provision of any Law or A. CONTRACTOR and any Subcontractor or Regulation applicable to the performance of the Supplier or other individual or entity performing or Work or of any standard, specification, manual furnishing any of the Work under a direct or indirect or code, or of any instruction of any Supplier, contract with OWNER: (i) shall not have or acquire CONTRACTOR shall report it to ENGINEER in any title to or ownership rights in any of the Drawings, writing at once. CONTRACTOR shall not Specifications, or other documents (or copies of any proceed with the Work affected thereby(except thereof) prepared by or bearing the seal of in an emergency as required by .paragraph ENGINEER or ENGINEER's Consultant, including 6.16.A) until an amendment or supplement to electronic media editions; and (ii) shall not reuse any the Contract Documents has been issued by of such Drawings, Specifications, other documents, or one of the methods indicated in paragraph copies thereof on extensions of the Project or any 3.04; provided, however, that CONTRACTOR other project without written consent of OWNER and shall not be liable to OWNER or ENGINEER for ENGINEER and specific written verification or failure to report any such conflict, error, adaption by ENGINEER. This prohibition will survive ambiguity, or discrepancy unless CON- final payment, completion, and acceptance of the TRACTOR knew or reasonably should have Work, or termination or completion of the Contract. known thereof Nothing herein shall preclude CONTRACTOR from 00700-General Conditions REV 5-10-13.doc 00700-10 F'\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc retaining copies of the Contract Documents for record upon the general accuracy of the "technical data" purposes. contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementa- ARTICLE 4-AVAILABILITY OF LANDS; ry Conditions. Except for such reliance on such SUBSURFACE AND PHYSICAL CONDITIONS; "technical data," CONTRACTOR may not rely upon or REFERENCE POINTS make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 4.01 Availability of Lands 1. the completeness of such reports and drawings for CONTRACTOR's purposes, A. OWNER shall furnish the Site. OWNER shall including, but not limited to, any aspects of the notify CONTRACTOR of any encumbrances or means, methods, techniques, sequences, and restrictions not of general application but specifically procedures of construction to be employed by related to use of the Site with which CONTRACTOR CONTRACTOR, and safety precautions and must comply in performing the Work. OWNER will programs incident thereto; or obtain in a timely manner and pay for easements for permanent structures or permanent changes in 2. other data, interpretations, opinions, existing facilities. If CONTRACTOR and OWNER are and information contained in such reports or unable to agree on entitlement to or on the amount or shown or indicated in such drawings; or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in 3. any CONTRACTOR interpretation of OWNER's furnishing the Site, CONTRACTOR may or conclusion drawn from any "technical data" make a Claim therefor as provided in paragraph or any such other data, interpretations, 10.05. opinions, or information. B Upon reasonable written request, OWNER 4.03 Differing Subsurface or Physical Conditions shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands A. Notice. If CONTRACTOR believes that any upon which the Work is to be performed and subsurface or physical condition at or contiguous to OWNER's interest therein as necessary for giving the Site that is uncovered or revealed either: notice of or filing a mechanic's or construction lien against such lands in accordance with applicable 1. is of such a nature as to establish Laws and Regulations. that any "technical data" on which CONTRAC- TOR is entitled to rely as provided in paragraph C. CONTRACTOR shall provide for all additional 4.02 is materially inaccurate; or lands and access thereto that may be required for temporary construction facilities or storage of 2. is of such a nature as to require a materials and equipment. change in the Contract Documents; or 4.02 Subsurface and Physical Conditions 3. differs materially from that shown or indicated in the Contract Documents; or A. Reports and Drawings: The Supplementary Conditions identify: 4 is of an unusual nature, and differs materially from conditions ordinarily 1. those reports of explorations and encountered and generally recognized as inher- tests of subsurface conditions at or contiguous ent in work of the character provided for in the to the Site that ENGINEER has used in Contract Documents; preparing the Contract Documents; and then CONTRACTOR shall, promptly after becoming 2. those drawings of physical aware thereof and before further disturbing the conditions in or relating to existing surface or subsurface or physical conditions or performing any subsurface structures at or contiguous to the Work in connection therewith (except in an emergency Site (except Underground Facilities) that ENGI- as required by paragraph 6.16.A), notify OWNER and NEER has used in preparing the Contract ENGINEER in writing about such condition. Documents. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith B Limited Reliance by CONTRACTOR on (except as aforesaid) until receipt of written order to do Technical Data Authorized: CONTRACTOR may rely so. 00700-General Conditions REV 5-10-13.doc 00700-11 F*\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImP rovements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc I paragraph 10.05. However, OWNER, B. ENGINEER's Review: After receipt of written ENGINEER, and ENGINEER's Consultants notice as required by paragraph 4.03.A, ENGINEER shall not be liable to CONTRACTOR for any will promptly review the pertinent condition, determine claims, costs, losses, or damages (including the necessity of OWNER's obtaining additional but not limited to all fees and charges of exploration or tests with respect thereto, and advise engineers, architects, attorneys, and other OWNER in writing (with a copy to CONTRACTOR) of professionals and all court or arbitration or other ENGINEER's findings and conclusions. dispute resolution costs) sustained by CONTRACTOR on or in connection with any C Possible Price and Times Adjustments other project or anticipated project. 1. The Contract Price or the Contract 4.04 Underground Facilities Times, or both, will be equitably adjusted to the extent that the existence of such differing A. Shown or Indicated:The information and data subsurface or physical condition causes an in- shown or indicated in the Contract Documents with crease or decrease in CONTRACTOR's cost respect to existing Underground Facilities at or of, or time required for, performance of the contiguous to the Site is based on information and Work; subject, however,to the following: data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including a. such condition must meet any one or OWNER, or by others. Unless it is otherwise more of the categories described in para- expressly provided in the Supplementary Conditions: graph 4 03.A; and 1. OWNER and ENGINEER shall not b. with respect to Work that is paid for be responsible for the accuracy or com- on a Unit Price Basis, any adjustment in pleteness of any such information or data, and Contract Price will be subject to the provisions of paragraphs 9.08 and 11 03 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- 2. CONTRACTOR shall not be entitled TOR shall have full responsibility for: to any adjustment in the Contract Price or Contract Times if: a. reviewing and checking all such information and data, a. CONTRACTOR knew of the existence of such conditions at the time b. locating all Underground Facilities CONTRACTOR made a final commitment shown or indicated in the Contract to OWNER in respect of Contract Price and Documents, Contract Times by the submission of a Bid or becoming bound under a negotiated c. coordination of the Work with the contract; or owners of such Underground Facilities, including OWNER, during construction, and b. the existence of such condition could reasonably have been discovered or d. the safety and protection of all such revealed as a result of any examination, Underground Facilities and repairing any investigation, exploration, test, or study of damage thereto resulting from the Work. the Site and contiguous areas required by the Bidding Requirements or Contract B. Not Shown or Indicated Documents to be conducted by or for CON- TRACTOR prior -to CONTRACTOR's 1. If an Underground Facility is making such final commitment; or uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not c. CONTRACTOR failed to give the shown or indicated with reasonable accuracy in written notice within the time and as re- the Contract Documents, CONTRACTOR shall, quired by paragraph 4.03.A. promptly after becoming aware thereof and before further disturbing conditions affected 3. If OWNER and CONTRACTOR are thereby or performing any Work in connection unable to agree on entitlement to or on the therewith (except in an emergency as required amount or extent, if any, of any adjustment in by paragraph 6.16.A), identify the owner of the Contract Price or Contract Times, or both, a such Underground Facility and give written Claim may be made therefor as provided in notice to that owner and to OWNER and ENGI- Y 00700-General Conditions REV 5-10-13.doc 00700-12 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirr Master Contract Documents\00700-General Conditions REV 5-10-13 doc NEER. ENGINEER will promptly review the B Limited Reliance by CONTRACTOR on Underground Facility and determine the extent, Technical Data Authorized: CONTRACTOR may rely if any, to which a change is required in the upon the general accuracy of the "technical data" Contract Documents to reflect and document contained in such reports and drawings, but such the consequences of the existence or location reports and drawings are not Contract Documents. of the Underground Facility. During such time, Such "technical data" is identified in the CONTRACTOR shall be responsible for the Supplementary Conditions. Except for such reliance safety and protection of such Underground on such"technical data," CONTRACTOR may not rely Facility. upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with 2. If ENGINEER concludes that a respect to change in the Contract Documents is required, a Work Change Directive or a Change Order 1 the completeness of such reports will be issued to reflect and document such and drawings for CONTRACTOR's purposes, consequences. An equitable adjustment shall including, but not limited to, any aspects of the be made in the Contract Price or Contract means, methods, techniques, sequences and Times, or both, to the extent that they are procedures of construction to be employed by attributable to the existence or location of any CONTRACTOR and safety precautions and Underground Facility that was not shown or programs incident thereto; or indicated or not shown or indicated with reasonable accuracy in the Contract 2. other data, interpretations, opinions Documents and that CONTRACTOR did not and information contained in such reports or know of and could not reasonably have been shown or indicated in such drawings; or expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to 3. any CONTRACTOR interpretation of agree on entitlement to or on the amount or or conclusion drawn from any "technical data" -extent, if any, of any such adjustment in or any such other data, interpretations, opinions Contract Price or Contract Times, OWNER or or information. CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or 4.05 Reference Points revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the A. OWNER shall provide engineering surveys to Contract Documents to be within the scope of the establish reference points for construction which in Work. CONTRACTOR shall be responsible for a ENGINEER's judgment are necessary to enable Hazardous Environmental Condition created with any CONTRACTOR to proceed with the Work. CON- materials brought to the Site by CONTRACTOR, TRACTOR shall be responsible for laying out the Subcontractors, Suppliers, or anyone else for whom Work, shall protect and preserve the established CONTRACTOR is responsible. reference points and property monuments, and shall make no changes or relocations without the prior D If CONTRACTOR encounters a Hazardous written approval of OWNER. CONTRACTOR shall Environmental Condition or if CONTRACTOR or report to ENGINEER whenever any reference point or anyone for whom CONTRACTOR is responsible property monument is lost or destroyed or requires creates a Hazardous Environmental Condition, relocation because of necessary changes in grades or CONTRACTOR shall immediately: (i) secure or locations, and shall be responsible for the accurate otherwise isolate such condition; (ii) stop all Work in replacement or relocation of such reference points or connection with such condition and in any area property monuments by professionally qualified affected thereby (except in an emergency as required personnel. by.paragraph 6 16); and (iii) notify OWNER and ENGI- NEER (and promptly thereafter confirm such notice in 4.06 Hazardous Environmental Condition at Site writing) OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to A. Reports and Drawings. Reference is made to retain a qualified expert to evaluate such condition or the Supplementary Conditions for the identification of take corrective action, if any those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, E. CONTRACTOR shall not be required to that have been utilized by the ENGINEER in the resume Work in connection with such condition or in preparation of the Contract Documents. any affected area until after OWNER has obtained any required permits related thereto and delivered to 00700-General Conditions REV 5-10-13.doc 00700-13 P\Public WorkMENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc Work may be resumed safely. If OWNER and CONTRACTOR or by anyone for whom CONTRACTOR cannot agree as to entitlement to or CONTRACTOR is responsible. Nothing in this on the amount or extent, if any, of any adjustment in paragraph 4.06.E shall obligate CONTRACTOR to Contract Price or Contract Times, or both, as a result indemnify any individual or entity from and against the of such Work stoppage or such special conditions consequences of that individual's or entity's own negli- under which Work is agreed to be resumed by gence. CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. 1 The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous F. If after receipt of such written notice Environmental Condition uncovered or revealed at the CONTRACTOR does not agree to resume such Work Site. based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special condi- tions, then OWNER may order the portion of the Work ARTICLE 5- BONDS AND INSURANCE 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 5.01 Performance, Payment, and Other Bonds amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such A. shall furnish perfermanioe portion of the Work, then either party may make a and payment gGpds, eaGh in an aRqGWRt at least eq" Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7 Kende skull remain effect at least until nn^ year after the dda}o ,.Al final payment hc^^mo due, G To the fullest extent permitted by Laws and eX^ept as pro ided oche^:�ise by Laws or Begg Al i^ns Regulations, OWNER shall indemnify and hold v ~ harmless CONTRACTOR, Subcontractors, ENGI- also fuFnish s i^h ether Ronne as arc rani sired by the NEER, ENGINEER's Consultants and the officers, . directors, partners, employees, agents, other consultants, and subcontractors of each and any of B. All Bonds shall be in the form prescribed by them from and against all claims, costs, losses, and the Contract Documents except as provided otherwise damages (including but not limited to all fees and by Laws or Regulations, and shall be executed by charges of engineers, architects, attorneys, and other such sureties as are named in the current list of"Com- professionals and all court or arbitration or other panies Holding Certificates of Authority as Acceptable dispute resolution costs) arising out of or relating to a Sureties on Federal Bonds and as Acceptable Hazardous Environmental Condition, provided that Reinsuring Companies" as published in Circular 570 such Hazardous Environmental Condition: (i) was not (amended) by the Financial Management Service, shown or indicated in the Drawings or Specifications Surety Bond Branch, U.S. Department of the or identified in the Contract Documents to be included Treasury. All Bonds signed by an agent must be within the scope of the Work, and (ii) was not created accompanied by a certified copy of such agent's by CONTRACTOR or by anyone for whom authority to act. CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any C. If the surety on any Bond furnished by CON- individual or entity from and against the consequences TRACTOR is declared bankrupt or becomes insolvent of that individual's or entity's own negligence or its right to do business is terminated in any state where any part of the Project is located or it ceases to H To the fullest extent permitted by Laws and meet the requirements of paragraph 5.01 B, Regulations, CONTRACTOR shall indemnify and hold CONTRACTOR shall within 20 days thereafter harmless OWNER, ENGINEER, ENGINEER's substitute another Bond and surety, both of which Consultants, and the officers, directors, partners, shall comply with the requirements of paragraphs employees, agents, other consultants, and 5.01.13 and 5.02. subcontractors of each and any of them from and against all claims, costs, losses, and damages 5.02 Licensed Sureties and Insurers (including but not limited to all fees and charges of engineers, architects, attorneys, and other A. All Bonds and insurance required by the professionals and all court or arbitration or other Contract Documents to be purchased and maintained dispute resolution costs) arising out of or relating to a by OWNER or CONTRACTOR shall be obtained from Hazardous Environmental Condition created by surety or insurance companies that are duly licensed 00700-General Conditions REV 5-10-13.doc 00700-14 FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc A. All Bonds and insurance required by the CONTRACTOR, or (ii) by any other person for Contract Documents to be purchased and maintained any other reason; by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed 5. claims for damages, other than to the or authorized in the jurisdiction in which the Project is Work itself, because of injury to or destruction located to issue Bonds or insurance policies for the of tangible property wherever located, including limits and coverages so required Such surety and loss of use resulting therefrom; and insurance companies shall also meet such additional requirements and qualifications as may be provided in 6. claims for damages because of the Supplementary Conditions. bodily injury or death of any person or property damage arising out of the ownership, mainte- 5.03 Certificates of Insurance nance or use of any motor vehicle. A. CONTRACTOR shall deliver to OWNER, with B. The policies of insurance so required by this copies to each additional insured identified in the paragraph 5.04 to be purchased and maintained shall: Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- 1. with respect to insurance required by ER or any other additional insured) which CON- paragraphs 5.04.A.3 through 5.04.A.6 inclusive, TRACTOR is required to purchase and maintain. include as additional insureds (subject to any customary exclusion in respect of professional to eaGh additieRal insuFled identified in the Supple liability) OWNER, ENGINEER, ENGINEER's mentary C;GnditiGnS, GeFtifGates—of insuraRGe (and Consultants, and any other individuals or entities identified in the Supplementary Condi- TOR er any ether addition whiGh OWNER all of whom shall be listed as additional is required to purrshase and maint-ain. insureds, and include coverage for the respec- tive officers, directors, partners, employees, 5.04 CONTRACTOR's Liability Insurance agents, and other consultants and subcontractors of each and any of all such A. CONTRACTOR shall purchase and maintain additional insured's, and the insurance afforded such liability and other insurance as is appropriate for to these additional insured's shall provide the Work being performed and as will provide primary coverage for all claims covered protection from claims set forth below which may arise thereby; out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations 2. include at least the specific under the Contract Documents, whether it is to be per- coverages and be written for not less than the formed by CONTRACTOR, any Subcontractor or limits of liability provided in the Supplementary Supplier, or by anyone directly or indirectly employed Conditions or required by Laws or Regulations, by any of them to perform any of the Work, or by whichever is greater; anyone for whose acts any of them may be liable: 3. include completed operations 1. claims under workers' compensation, insurance, disability benefits, and other similar employee benefit acts, 4 include contractual liability insurance covering CONTRACTOR's indemnity 2. claims for damages because of obligations under paragraphs 6 07, 6.11, and bodily injury, occupational sickness or disease, 6.20; or death of CONTRACTOR's employees, 5. contain a provision or endorsement 3. claims for damages because of that the coverage afforded will not be canceled, bodily injury, sickness or disease, or death of materially changed or renewal refused until at any person other than CONTRACTOR's least thirty _days prior written notice has been employees; given to OWNER and CONTRACTOR and to each other additional insured identified in the 4. claims for damages insured by Supplementary Conditions to whom a certificate reasonably available personal injury liability of insurance has been issued (and the coverage which are sustained: (i) by any person certificates of insurance furnished by the CON- as a result of an offense directly or indirectly TRACTOR pursuant to paragraph 5.03 will so related to the employment of such person by provide), 00700-General Conditions REV 5-10-13.doc 00700-15 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementslAdmim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc 6. remain in effect at least until final debF*s removal, demolition OGGas'GRed by en payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or damage, and- s;,inh ether perils OF nnuces of replacing defective Work in accordance with paragraph 13.07; and SupplementaFy Conditions; 7. with respect to completed operations 3. inolade expepses GUFredi-T;--the insurance, and any insurance coverage written on a claims-made basis, remain in effect for at (inGludiRg but not limited to fees and GhaFge&4 least two years after final payment (and ennineeFs and arnhitectc)• CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a stored at the Site oratanath—lg&ittni��at was certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter) ENGINEER; 505 OWNER's Liability Insurance by OWNER, byT- provided by CONTRACTOR under par 5.04, ; and OWNER, at OWNER's option y purchase and maintain at OWNER's se OWNER's own liability 7o be in effent Until final nn insurance as protect OWNER against claims n;enl as-rade-ua;essotherwise agree, to in ENGINEER with 30 Flays written notine to ennh 506 Property Insurance R.sa—e ha;Is b eenissued. n. Unless ethennrise waded,^,--the Supple maintain preperty insuranGe upen the Work at the Site . - - - - as may be required by the Supplementary in- he aMOURt of the full renlanement res} }hereof the Interests on OWNER CONTRACTOR prcivided in the SupplerneRtary Genditions Gr required Subsontrastors, ENGINEER, €NGINEE-R''sGensul- }ante end any other individuals nr entities identified in 1. include the interests of n, NER deemed to have an insurandble in+erect and be ENGINEERS SensaltaRts, and any other individuals or entities Iden}wed in the S. All the GIisies-ofnrsuranne (and the „ems nates or n}her eyidenne thereof\ Fern uirerd to he p ir_ direstOFS, partnem, employees, agents, and ham+ re n incl gable interest and hall be li terl c ��Cac a �varCoic�rTcc�cvcZrrrcr-.�rtenrvc-ncYc���v 2. be wr+tteflna -R-Ui:der's Fisk"all-nom" phys"Gal less 9F damage to the WeFk, tempo FaFy false weFk, and materials and D OWNER shall not be responsible for purchas- o,,.,inmen} in buildings, and shall insure against at ing and maintaining any property insurance specified least }he fellowInn neFilc OF nog ices of In66. fire in this paragraph 5.06 to protect the interests of lightning, extended leverage, theft, vandalism CONTRACTOR, Subcontractors, or others in the , Work to the extent of any deductible amounts that are 00700-General Conditions REV 5-10-13.doc 00700-16 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Ndmim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc identified in the Supplementary Conditions. The risk €—OWN€Rwaives allrights against of loss within such identified deductible amount will be , borne by CONTRACTOR, Subcontractors, or others ENI(_INEER's rnn6ultan+6anrd the offinerr d*reGtGFr suffering any such loss, and if any of them wishes partners employees agents ando+her nonsultantc property insurance coverage within the limits of such e f thern ibr; amounts, each may purchase and maintain it at the purchaser's own expense. I. Iess due businessanteFF�lPtiea less of use, 9F GtheF GORsequential less e)dendjgg E. If GONT-RACT-G? requests in wFi}inn that C)VVNF=R'6 property or the Work nn„cerd by TOR by apprepFiate Change Or-der L-qr less Gr damage to the sernple rAm-rCFitYment Drinr snmmenGement of the Wnrk a+ �� fnpaF , , ♦ he Site, OWNER shall in writing advisee GQNTC?�A- resulting from fire or n+her insured peril OF TOR whether nr nn+ sU Gh nther inrl'ranae has been cause of less Ge:eFed by-any�rGPerty vU rvirru-QTc,�r�vc-c�vvmvci�crr.�viurTvc-,nuc been of part thereef by OWNER during 5.07 Waiver of Rights Substantial GempletiOR pursuaRt to paragraph A. OWNER ;;nri CONTRACTOR intpnd thAt ;;II 14.94, or after Baal payment pursuant to p9liGieS purGhased in aGGOrdanGe with paragraph 5.06 paragraph 14.47-. wPretest 9W Eft, SubsentrastGrs, ENGINEER, €NGI N€€R's Consul tants, pr1 II }her indiv*d-U.+ls nr ti+'en '.JeptiCaA caU,ccc, G,�a--art�crrc�--n�vicivucri.'l-v,—cnttticT-ItxCn'tttiCtl-�Yi ,.^,� less,;g any ,,I,ha equential loss- }he Supplementany Conditions to be lir-,ted- a insuredures referFed to in—Pparag Faph C 5.07.v slCM1l Guys^* or additional insureds (and the e#r.ers, diFeGtnrr prncii`in^r to+he effen+that in the event of payment of Partners, employees ageRtS,-and other g-e^sultants amysuGh less, darnage, nr nn^ren„ential ler the- and insurers will have rights TeGsve y--as„inst CAI(_INFER'c Consultants and the GiffiGers direntnrs thereby. All SUGh PG'iG*es shall i partners, employees, agents, and nrnuisinn` to the effegt that in the event of payment of aRy less or damage the insurers will have RG Fights Of every against any of theinsuredser additional 5.08 Receipt and Application of Insurance R6161reds thereURdeF. OWNER and CONTRACT Proceeds waive all rights against earh etrter an -thl-i-F respective effiiGers,direstGF6,^PaFtRers, employees, A. Any insured less under the P91iGie6- Of agents, and otheF Gen6ultants and SWbGGntraGtGrS G nGe required by paFagFaph 55.0-6- v411 -he adjusted eagh anrd any of them for all losses and damages with OWNER and made payable to OWNER as fiduciary-for the insureds, as heir „teFe t m any other pmperty insuFanGe appliGable te the VVeFk; FnGrtgage GlaUse and ef paragraph 5.08.13. OWNER Subsentrasters, ENGINEER, €NGINEER's rensultants, and all ether ind�;Quals o entties agreernent as the parties in interest may- reaGhlfnG c cc,,UCU a as identified iR the SuppleMeRtary Conditions to be lasted ether-special agreement is-reaGhed, the damaged as in`U Urerds or additional insweds (and the off herr Work shall he repaired or replagerd the mune n directors, partners, employees,,agents, and phos Gaused. Nene of theab-above ;A.awers Shall extend t the FightsUU that any party making soh waiver may have B.OWNER as fi 'a^y shall have��G to�the-Proceeds of insur"nne held by OWNER as adjust and settle any less with the insurers Unless one tFustee or ethepNise payable --ind-er any PGIiGy 60 of the paFties in inteFest shall ebjeGt iR writing within 4 5 +slued- days after the-eGGUFFeRGe of less t nWNER's exercise of this-pewer. If such-ebjeGtien be made., OWNER as fiduciary-shaII make settlement with he 00700-General Conditions REV 5-10-13.doc ' 00700-17 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementslAdmim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc insurers in �GGGrdaRGe with such agreement as the A. CONTRACTOR shall supervise, inspect, and parties in interest may-react a s,ugh agreement direct the Work competently and efficiently, devoting among the parties in interest is reaGherl QVVNF.R a6 such attention thereto and applying such skills and fidUGiary shall adjust-a d(settle the less with the expertise as may be necessary to perform the Work in insurers en`t, if required in writing by GIRY party i accordance with the Contract Documents. CON- interest, firl OWNER as „hien, shall give bond for the TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be 509 Acceptance of Bonds and Insurance; Option responsible for the negligence of OWNER or to Replace ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of A If ei 1ArnlFER or rnnlTRACTOR has any construction which is shown or indicated in and expressly required by the Contract Documents. CON- siens-ef the Bends er insurance required to he TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. the Gont ant Dau-ments, the GbjeGtiRg party shall se notify the ether paFty in wFiting withiR 10 days afte B. At all times during the progress of the Work, receipt—of the sertifsates(or ether evidence CONTRACTOR shall assign a competent resident requested) required by paragraph=Aa G. QWN1€R superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The provided astmho-ether maTreasenably-request. if superintendent will be CONTRACTOR's either paFty does not PLIFIGhase or Fnaintain all P_f the representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. any Ghange in the Fequired Geverage. With�„eut 6.02 Labor; Working Hours pFejudiGe to any other right iemed, the other pa A. CONTRACTOR shall provide competent, nreteGt s„Gh other party's interests at the expense of suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- ments. CONTRACTOR shall at all times maintain good discipline and order at the Site 510 Partial Utilization, Acknowledgment of B. Except as otherwise required for the safety or Property Insurer protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise A. If OWNER finds it necessary to occupy or use stated in the Contract Documents, all Work at the Site a portion or portions of the Work prior to Substantial shall be performed during regular working hours, and Completion of all the Work as provided in paragraph CONTRACTOR will not permit overtime work or the 14.05, no such use or occupancy shall commence performance of Work on Saturday, Sunday, or any before the insurers providing the property insurance legal holiday without OWNER's written consent(which pursuant to paragraph 5.06 have acknowledged notice will not be unreasonably withheld) given after prior thereof and in writing effected any changes in cover- written notice to ENGINEER. age necessitated thereby The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall 6.03 Services, Materials, and Equipment not be canceled or permitted to lapse on account of any such partial use or occupancy A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, 6.01 Supervision and Superintendence temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. 00700-General Conditions REV 5-10-13.doc 00700-18 P\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc proposed by CONTRACTOR is functionally B. All materials and equipment incorporated into equal to that named and sufficiently similar so the Work shall be as specified or, if not specified, shall that no change in related Work will be required, be of good quality and new, except as otherwise it may be considered by ENGINEER as an provided in the Contract Documents. All warranties "or-equal" item, in which case review and and guarantees specifically called for by the Specifica- approval of the proposed item may, in tions shall expressly run to the benefit of OWNER. If ENGINEER's sole discretion, be accomplished required by ENGINEER, CONTRACTOR shall furnish without compliance with some or all of the satisfactory evidence (including reports of required requirements for approval of proposed substi- tests) as to the source, kind, and quality of materials tute items. For the purposes of this paragraph and equipment. All materials and equipment shall be 6.05.A.1, a proposed item of material or stored, applied, installed, connected, erected, equipment will be considered functionally equal protected, used, cleaned, and conditioned in to an item so named if: accordance with instructions of the applicable Supplier, except as otherwise may be provided in the a. in the exercise of reasonable Contract Documents. judgment ENGINEER determines that: (i) it is at least equal in quality, durability, 6.04 Progress Schedule appearance, strength, and design characteristics; (ii) it will reliably perform at A. CONTRACTOR shall adhere to the progress least equally well the function imposed by schedule established in accordance with paragraph the design concept of the completed Project 2.07 as it may be adjusted from time to time as as a functioning whole, and; provided below b CONTRACTOR certifies that: (i) 1. CONTRACTOR shall submit to there is no increase in cost to the OWNER, ENGINEER for acceptance (to the extent indi- and (ii) it will conform substantially, even cated in paragraph 2.07) proposed adjustments with deviations, to the detailed requirements in the progress schedule that will not result in of the item named in the Contract changing the Contract Times (or Milestones). Documents. Such adjustments will conform generally to the progress schedule then in effect and additional- 2. Substitute Items ly will comply with any provisions of the General Requirements applicable thereto. a. If in ENGINEER's sole discretion an item of material or equipment proposed by 2. Proposed adjustments in the CONTRACTOR does not qualify as an progress schedule that will change the Contract "or-equal" item under paragraph 6.05.A.1, it Times (or Milestones) shall be submitted in will be considered a proposed substitute accordance with the requirements of Article 12. item. Such adjustments may only be made by a Change Order or Written Amendment in accor- b CONTRACTOR shall submit suffi- dance with Article 12. cient information as provided below to allow ENGINEER to determine that the item of 6.05 Substitutes and"Or-Equals" material or equipment proposed is essentially equivalent to that named and an A. Whenever an item of material or equipment is acceptable substitute therefor. Requests for specified or described in the Contract Documents by review of proposed substitute items of using the name of a proprietary item or the name of a material or equipment will not be accepted particular Supplier, the specification or description is by ENGINEER from anyone other than intended to establish the type, function, appearance, CONTRACTOR. and quality required. Unless the specification or description contains or is followed by words reading c. The procedure for review by ENGI- that no like, equivalent, or "or-equal" item or no NEER will be as set forth in paragraph substitution is permitted, other items of material or 6.05.A.2.d, as supplemented in the General equipment or material or equipment of other Suppliers Requirements and as ENGINEER may may be submitted to ENGINEER for review under the decide is appropriate under the circumstances described below circumstances 1. "Or-Equal" Items: If in ENGINEER's d. CONTRACTOR shall first make sole discretion an item of material or equipment written application to ENGINEER for review 00700-General Conditions REV 5-10-13.doc 00700-19 F'\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc of a proposed substitute item of material or Change Order for a substitute or an approved Shop equipment that CONTRACTOR seeks to Drawing for an "or equal." ENGINEER will advise furnish or use. The application shall certify CONTRACTOR in writing of any negative that the proposed substitute item will determination. perform adequately the functions and achieve the results called for by the general D. Special Guarantee: OWNER may require design, be similar in substance to that CONTRACTOR to furnish at CONTRACTOR's ex- specified, and be suited to the same use as pense a special performance guarantee or other that specified. The application will state the surety with respect to any substitute. extent, if any, to which the use of the pro- posed substitute item will prejudice E. ENGINEER's Cost Reimbursement. CONTRACTOR's achievement of Substan- ENGINEER will record time required by ENGINEER tial Completion on time, whether or not use and ENGINEER's Consultants in evaluating substitute of the proposed substitute item in the Work proposed or submitted by CONTRACTOR pursuant to will require a change in any of the Contract paragraphs 6 05.A.2 and 6.05.13 and in making Documents(or in the provisions of any other changes in the Contract Documents (or in the direct contract with OWNER for work on the provisions of any other direct contract with OWNER Project)to adapt the design to the proposed for work on the Project)occasioned thereby. Whether substitute item and whether or not or not ENGINEER approves a substitute item so pro- incorporation or use of the proposed substi- posed or submitted by CONTRACTOR, CON- tute item in connection with the Work is sub- TRACTOR shall reimburse OWNER for the charges ject to payment of any license fee or royalty. of ENGINEER and ENGINEER's Consultants for All variations of the proposed substitute evaluating each such proposed substitute. item from that specified will be identified in the application, and available engineering, F. CONTRACTOR's Expense: CONTRACTOR sales, maintenance, repair, and shall provide all data in support of any proposed replacement services will be indicated. The substitute or"or-equal"at CONTRACTOR's expense. application will also contain an itemized esti- mate of all costs or credits that will result 6.06 Concerning Subcontractors, Suppliers, directly or indirectly from use of such and Others substitute item, including costs of redesign and claims of other contractors affected by A. CONTRACTOR shall not employ any any resulting change, all of which will be Subcontractor, Supplier, or other individual or entity considered by ENGINEER in evaluating the (including those acceptable to OWNER as indicated in proposed substitute item. ENGINEER may paragraph 6 06.13), whether initially or as a require CONTRACTOR to furnish additional replacement, against whom OWNER may have data about the proposed substitute item. reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or B Substitute Construction Methods or Proce- other individual or entity to furnish or perform any of dures: If a specific means, method, technique, se- the Work against whom CONTRACTOR has reason- quence, or procedure of construction is shown or able objection. indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a B If the Supplementary Conditions require the substitute means, method, technique, sequence, or identity of certain Subcontractors, Suppliers, or other procedure of construction approved by ENGINEER. individuals or entities to be submitted to OWNER in CONTRACTOR shall submit sufficient information to advance for acceptance by OWNER by a specified allow ENGINEER, in ENGINEER's sole discretion, to date prior to the Effective Date of the Agreement, and determine that the substitute proposed is equivalent to if CONTRACTOR has submitted a list thereof in that expressly called for by the Contract Documents. accordance with the Supplementary Conditions, The procedure for review by ENGINEER will be similar OWNER's acceptance (either in writing or by failing to to that provided in subparagraph 6 05.A.2. make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents C. Engineers Evaluation: ENGINEER will be or the Contract Documents) of any such Subcon- allowed a reasonable time within which to evaluate tractor, Supplier, or other individual or entity so each proposal or submittal made pursuant to para- identified may be revoked on the basis of reasonable graphs 6.05.A and 6.05.13. ENGINEER will be the objection after due investigation. CONTRACTOR sole judge of acceptability No "or-equal" or substitute shall submit an acceptable replacement for the will be ordered, installed or utilized until ENGINEER's rejected Subcontractor, Supplier, or other individual or review is complete, which will be evidenced by either a entity, and the Contract Price will be adjusted by the 00700-General Conditions REV 5-10-13.doc 00700-20 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Ndmirn Master Contract Documents\00700-General Conditions REV 5-10-13.doc difference in the cost occasioned by such directors, partners, employees, agents, and other replacement, and an appropriate Change Order will be consultants and subcontractors of each and any of issued or Written Amendment signed. No acceptance them) for all losses and damages caused by, arising by OWNER of any such Subcontractor, Supplier, or out of, relating to, or resulting from any of the perils or other individual or entity, whether initially or as a causes of loss covered by such policies and any other replacement, shall constitute a waiver of any right of property insurance applicable to the Work. If the OWNER or ENGINEER to reject defective Work. insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, C. CONTRACTOR shall be fully responsible to CONTRACTOR will obtain the same OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or 6.07 Patent Fees and Royalties entities performing or furnishing any of the Work just as CONTRACTOR is responsible for A. CONTRACTOR shall pay all license fees and CONTRACTOR's own acts and omissions. Nothing in royalties and assume all costs incident to the use in the Contract Documents shall create for the benefit of the performance of the Work or the incorporation in any such Subcontractor, Supplier, or other individual the Work of any invention, design, process, product, or entity any contractual relationship between OWNER or device which is the subject of patent rights or or ENGINEER and any such Subcontractor, Supplier copyrights held by others. If a particular invention, or other individual or entity, nor shall it create any design, process, product, or device is specified in the obligation on the part of OWNER or ENGINEER to Contract Documents for use in the performance of the pay or to see to the payment of any moneys due any Work and if to the actual knowledge of OWNER or such Subcontractor, Supplier, or other individual or ENGINEER its use is subject to patent rights or entity except as may otherwise be required by Laws copyrights calling for the payment of any license fee or and Regulations. royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To D. CONTRACTOR shalt be solely responsible the fullest extent permitted by Laws and Regulations, for scheduling and coordinating the Work of Subcon- CONTRACTOR shall indemnify and hold harmless tractors, Suppliers, and other individuals or entities OWNER, ENGINEER, ENGINEER's Consultants, and performing or furnishing any of the Work under a the officers, directors, partners, employees or agents, direct or indirect contract with CONTRACTOR. and other consultants of each and any of them from and against all claims, costs, losses, and damages E. CONTRACTOR shall require all Subcontrac- (including but not limited to all fees and charges of tors, Suppliers, and such other individuals or entities engineers, architects, attorneys, and other performing or furnishing any of the Work to commu- professionals and all court or arbitration or other nicate with ENGINEER through CONTRACTOR. dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident F. The divisions and sections of the Specifica- to the use in the performance of the Work or resulting tions and the identifications of any Drawings shall not from the incorporation in the Work of any invention, control CONTRACTOR in dividing the Work among design, process, product, or device not specified in the Subcontractors or Suppliers or delineating the Work to Contract Documents. be performed by any specific trade. 6.08 Permits G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an A. Unless otherwise provided in the Supple- appropriate agreement between CONTRACTOR and mentary Conditions, CONTRACTOR shall obtain and the Subcontractor or Supplier which specifically binds pay for all construction permits and licenses. OWNER the Subcontractor or Supplier to the applicable terms shall assist CONTRACTOR, when necessary, in and conditions of the Contract Documents for the obtaining such permits and licenses. CONTRACTOR benefit of OWNER and ENGINEER. Whenever any shall pay all governmental charges and inspection such agreement is with a Subcontractor or Supplier fees necessary for the prosecution of the Work which who is listed as an additional insured on the property are applicable at the time of opening of Bids, or, if insurance provided in paragraph 5 06, the agreement there are no Bids, on the Effective Date of the between the CONTRACTOR and the Subcontractor Agreement. CONTRACTOR shall pay all charges of or Supplier will contain provisions whereby the utility owners for connections to the Work, and Subcontractor or Supplier waives all rights against OWNER shall pay all charges of such utility owners OWNER, CONTRACTOR, ENGINEER, ENGINEER's for capital costs related thereto, such as plant Consultants, and all other individuals or entities investment fees identified in the Supplementary Conditions to be listed as insured's or additional insured's (and the officers, 00700-General Conditions REV 5-10-13.doc 00700-21 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13 doc 6.09 Laws and Regulations materials or equipment. CONTRACTOR shall assume full responsibility for any damage to A. CONTRACTOR shall give all notices and any such land or area, or to the owner or comply with all Laws and Regulations applicable to the occupant thereof, or of any adjacent land or performance of the Work. Except where otherwise areas resulting from the performance of the expressly required by applicable Laws and Work. Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compli- 2. Should any claim be made by any ance with any Laws or Regulations. such - owner or occupant because of the performance of the Work, CONTRACTOR shall B. If CONTRACTOR performs any Work know- promptly settle with such other party by ing or having reason to know that it is contrary to Laws negotiation or otherwise resolve the claim by or Regulations, CONTRACTOR shall bear all claims, arbitration or other dispute resolution costs, losses, and damages (including but not limited proceeding or at law to all fees and charges of engineers, architects, attorneys, and other professionals and all court or 3. To the fullest extent permitted by arbitration or other dispute resolution costs)arising out Laws and Regulations, CONTRACTOR shall of or relating to such Work; however, it shall not be indemnify and hold harmless OWNER, CONTRACTOR's primary responsibility to make ENGINEER, ENGINEER's Consultant, and the certain that the Specifications and Drawings are in officers, directors, partners, employees, agents, accordance with Laws and Regulations, but this shall and other consultants of each and any of them not relieve CONTRACTOR of CONTRACTOR's from and against all claims, costs, losses, and obligations under paragraph 3.03. damages (including but not limited to all fees and charges of engineers, architects, attorneys, C. Changes in Laws or Regulations not known at and other professionals and all court or the time of opening of Bids (or, on the Effective Date arbitration or other dispute resolution costs) of the Agreement if there were no Bids) having an arising out of or relating to any claim or action, effect on the cost or time of performance of the Work legal or equitable, brought by any such owner may be the subject of an adjustment in Contract Price or occupant against OWNER, ENGINEER, or or Contract Times. If OWNER and CONTRACTOR any other party indemnified hereunder to the are unable to agree on entitlement to or on the extent caused by or based upon amount or extent, if any, of any such adjustment, a CONTRACTOR's performance of the Work. Claim may be made therefor as provided in paragraph 10.05. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- 6.10 Taxes TOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other A. CONTRACTOR shall pay all sales, consum- debris. Removal and disposal of such waste wateri- er, use, and other similar taxes required to be als, rubbish, and other debris shall conform to applica- paid by CONTRACTOR in accordance with ble Laws and Regulations. the Laws and Regulations of the place of the Project which are applicable during the C. Cleaning: Prior to Substantial Completion of performance of the Work. the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- B. OWNER qualifies for state and local sales tax pletion of the Work CONTRACTOR shall remove from exemption in the purchase of all material and the Site all tools, appliances, construction equipment equipment. and machinery, and surplus materials and shall restore to original condition all property not designated 6.11 Use of Site and Other Areas for alteration by the Contract Documents. A. Limitation on Use of Site and Other Areas D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded 1. CONTRACTOR shall confine in any manner that will endanger the structure, nor construction equipment, the storage of shall CONTRACTOR subject any part of the Work or materials and equipment, and the operations of adjacent property to stresses or pressures that will workers to the Site and other areas permitted endanger it. by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other 00700-General Conditions REV 5-10-13.doc 00700-22 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\HdmimWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc I 6.12 Record Documents or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them A. CONTRACTOR shall maintain in a safe place may be liable, and not attributable, directly or at the Site one record copy of all Drawings, Specifica- indirectly, in whole or in part, to the fault or negligence tions, Addenda, Written Amendments, Change of CONTRACTOR or any Subcontractor, Supplier, or Orders, Work Change Directives, Field Orders, and other individual or entity directly or indirectly employed written interpretations and clarifications in good order by any of them). CONTRACTOR's duties and and annotated to show changes made during responsibilities for safety and for protection of the construction. These record documents together with Work shall continue until such time as all the Work is all approved Samples and a counterpart of all completed and ENGINEER has issued a notice to approved Shop Drawings will be available to ENGI- OWNER and CONTRACTOR in accordance with NEER for reference. Upon completion of the Work, paragraph 14.07.6 that the Work is acceptable these record documents, Samples, and Shop (except as otherwise expressly provided in connection Drawings will be delivered to ENGINEER for OWNER. with Substantial Completion) 6.13 Safety and Protection 614 Safety Representative A. CONTRACTOR shall be solely responsible A. CONTRACTOR shall designate a qualified for initiating, maintaining and supervising all safety and experienced safety representative at the Site precautions and programs in connection with the whose duties and responsibilities shall be the Work. CONTRACTOR shall take all necessary prevention of accidents and the maintaining and precautions for the safety of, and shall provide the supervising of safety precautions and programs necessary protection to prevent damage, injury or loss to: 6.15 Hazard Communication Programs 1 all persons on the Site or who may A. CONTRACTOR shall be responsible for be affected by the Work; coordinating any exchange of material safety data sheets or other hazard communication information 2. all the Work and materials and equip- required to be made available to or exchanged Be- ment to be incorporated therein, whether in tween or among employers at the Site in accordance storage on or off the Site, and with Laws or Regulations. 3 other property at the Site or adjacent 616 Emergencies thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and A. In emergencies affecting the safety or protec- Underground Facilities not designated for tion of persons or the Work or property at the Site or removal, relocation, or replacement in the adjacent thereto, CONTRACTOR is obligated to act to course of construction. prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written B. CONTRACTOR shall comply with all applica- notice if CONTRACTOR believes that any significant ble Laws and Regulations relating to the safety of changes in the Work or variations from the Contract persons or property, or to the protection of persons or Documents have been caused thereby or are required property from damage, injury, or loss, and shall erect as a result thereof If ENGINEER determines that a and maintain all necessary safeguards for such safety change in the Contract Documents is required be- and protection. CONTRACTOR shall notify owners of cause of the action taken by CONTRACTOR in adjacent property and of Underground Facilities and response to such an emergency, a Work Change other utility owners when prosecution of the Work may Directive or Change Order will be issued. affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of 6.17 Shop Drawings and Samples their property All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 A. CONTRACTOR shall submit Shop Drawings caused, directly or indirectly, in whole or in part, by to ENGINEER for review and approval in accordance CONTRACTOR, any Subcontractor, Supplier, or any with the acceptable schedule of Shop Drawings and other individual or entity directly or indirectly employed Sample submittals. All submittals will be identified as by any of them to perform any of the Work, or anyone ENGINEER may require and in the number of copies for whose acts any of them may be liable, shall be specified in the General Requirements. The data remedied by CONTRACTOR (except damage or loss shown on the Shop Drawings will be complete with attributable to the fault of Drawings or Specifications respect to quantities, dimensions, specified perfor- or to the acts or omissions of OWNER or ENGINEER mance and design criteria, materials, and similar data 00700-General Conditions REV 5-10-13.doc 00700-23 P\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc to show ENGINEER the services, materials, and CONTRACTOR's review and approval of that equipment CONTRACTOR proposes to provide and submittal. to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17 E. 3. At the time of each submittal, COW TRACTOR shall give ENGINEER specific B. CONTRACTOR shall also submit Samples to written notice of such variations, if any, that the ENGINEER for review and approval in accordance Shop Drawing or Sample submitted may have with the acceptable schedule of Shop Drawings and from the requirements of the Contract Sample submittals. Each Sample will be identified Documents, such notice to be in a written com- clearly as to material, Supplier, pertinent data such as munication separate from the submittal; and, in catalog numbers, and the use for which intended and addition, shall cause a specific notation to be otherwise as ENGINEER may require to enable ENGI- made on each Shop Drawing and Sample sub- NEER to review the submittal for the limited purposes mitted to ENGINEER for review and approval of required by paragraph 6.17.E. The numbers of each each such variation. Sample to be submitted will be as specified in the Specifications. E. ENGINEER's Review C Where a Shop Drawing or Sample is required 1. ENGINEER will timely review and by the Contract Documents or the schedule of Shop approve Shop Drawings and Samples in Drawings and Sample submittals acceptable to ENGI- accordance with the schedule of Shop NEER as required by paragraph 2.07, any related Drawings and Sample submittals acceptable to Work performed prior to ENGINEER's review and ENGINEER. ENGINEER's .review and approval of the pertinent submittal will be at the sole approval will be only to determine if the items expense and responsibility of CONTRACTOR. covered by the submittals will, after installation or incorporation in the Work, conform to the D. Submittal Procedures information given in the Contract Documents and be compatible with the design concept of 1. Before submitting each Shop the completed Project as a functioning whole as Drawing or Sample, CONTRACTOR shall have indicated by the Contract Documents. determined and verified: 2. ENGINEER's review and approval a. all field measurements, quantities, will not extend to means, methods, techniques, dimensions, specified performance criteria, sequences, or procedures of construction installation requirements, materials, catalog -(except where a particular means, method, numbers, and similar information with technique, sequence, or procedure of con- respect thereto, struction is specifically and expressly called for by the Contract Documents) or to safety b. all materials with respect to intended precautions or programs incident thereto. The use, fabrication, shipping, handling, storage, review and approval of a separate item as such assembly, and installation pertaining to the will not indicate approval of the assembly in performance of the Work; which the item functions. c. all information relative to means, 3 ENGINEER's review and approval of methods, techniques, sequences, and Shop Drawings or Samples shall not relieve procedures of construction and safety CONTRACTOR from responsibility for any precautions and programs incident thereto, variation from the requirements of the Contract and Documents unless CONTRACTOR has in writing called ENGINEER's attention to each d. CONTRACTOR shall also have such variation at the time of each submittal as reviewed and coordinated each Shop required by paragraph 6.17 D 3 and ENGI- Drawing or Sample with other Shop NEER has given written approval of each such Drawings and Samples and with the variation by specific written notation thereof requirements of the Work and the Contract incorporated in or accompanying the Shop Documents. Drawing or Sample approval; nor will an p PP Y approval by ENGINEER relieve CON- 2. Each submittal shall bear a stamp or TRACTOR from responsibility for complying specific written indication that CONTRACTOR with the requirements of paragraph 6.17.D 1. has satisfied CONTRACTOR's obligations under the Contract Documents with respect to 00700-General Conditions REV 5-10-13.doc 00700-24 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\00700-General Conditions REVS-10-13 doc F Resubmittal Procedures ocedu es 4. use or occupancy of the Work or any part thereof by OWNER; 1. CONTRACTOR shall make correc- tions required by ENGINEER and shall return 5. any acceptance by OWNER or any the required number of corrected copies of failure to do so, Shop Drawings and submit as required new Samples for review and approval. CON- 6. any review and approval of a Shop TRACTOR shall direct specific attention in Drawing or Sample submittal or the issuance of writing to revisions other than the corrections a notice of acceptability by ENGINEER; called for by ENGINEER on previous submittals. 7. any inspection, test, or approval by others; or 6.18 Continuing the Work 8. any correction of defective Work by A. CONTRACTOR shall carry on the Work and OWNER. adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be 620 Indemnification delayed or postponed pending resolution of any disputes or disagreements, except as permitted by A. To the fullest extent permitted by Laws and paragraph 15 04 or as OWNER and CONTRACTOR Regulations, CONTRACTOR shall indemnify and hold may otherwise agree in writing. harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, 6.19 CONTRACTOR's General Warranty and employees, agents, and other consultants and Guarantee subcontractors of each and any of them from and against all claims, costs, losses, and damages A. CONTRACTOR warrants and guarantees to (including but not limited to all fees and charges of OWNER, ENGINEER, and ENGINEER's Consultants engineers, architects, attorneys, and other that all Work will be in accordance with the Contract professionals and all court or arbitration or other Documents and will not be defective. dispute resolution costs) arising out of or relating to CONTRACTOR's warranty and guarantee hereunder the performance of the Work, provided that any such excludes defects or damage caused by: claim, cost, loss, or damage: 1. abuse, modification, or improper 1 is attributable to bodily injury, maintenance or operation by persons other sickness, disease, or death, or to injury to or than CONTRACTOR, Subcontractors, destruction of tangible property (other than the Suppliers, or any other individual or entity for Work itself), including the loss of use resulting whom CONTRACTOR is responsible; or therefrom; and 2. normal wear and tear under normal 2. is caused in whole or in part by any usage. negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any B. CONTRACTOR's obligation to perform and individual or entity directly or indirectly complete the Work in accordance with the Contract employed b an of them to perform an of the Y Y p Y Documents shall be absolute. None of the following Work or anyone for whose acts any of them will constitute an acceptance of Work that is not in may be liable, regardless of whether or not accordance with the Contract Documents or a release caused in part by any negligence or omission of of CONTRACTOR's obligation to perform the Work in an individual or entity indemnified hereunder or accordance with the Contract Documents: whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless 1 observations by ENGINEER; of the negligence of any such individual or entity 2. recommendation by ENGINEER or payment by OWNER of any progress or final B In any and all claims against OWNER or payment; ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by 3. the issuance of a certificate of Sub- any employee (or the survivor or personal stantial Completion by ENGINEER or any representative of such employee) of CONTRACTOR, payment related thereto by OWNER, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to 00700-General Conditions REV 5-10-13.doc 00700-25 FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc perform any of the Work, or anyone for whose acts Documents, CONTRACTOR shall do all cutting, any of them may be liable, the indemnification fitting, and patching of the Work that may be required obligation under paragraph 6.20.A shall not be limited to properly connect or otherwise make its several in any way by any limitation on the amount or type of parts come together and properly integrate with such damages, compensation, or benefits payable by or for other work. CONTRACTOR shall not endanger any CONTRACTOR or any such Subcontractor, Supplier, work of others by cutting, excavating, or otherwise or other individual or entity under workers' compen- altering their work and will only cut or alter their work sation acts, disability benefit acts, or other employee with the written consent of ENGINEER and the others benefit acts. whose work will be affected. The duties and responsibilities of CONTRACTOR under this C. The indemnification obligations of CON- paragraph are for the benefit of such utility owners and TRACTOR under paragraph 6.20.A shall not extend to other contractors to the extent that there are the liability of ENGINEER and ENGINEER's comparable provisions for the benefit of Consultants or to the officers, directors, partners, CONTRACTOR in said direct contracts between employees, agents, and other consultants and OWNER and such utility owners and other subcontractors of each and any of them arising out of: contractors. 1. the preparation or approval of, or the C. If the proper execution or results of any part of failure to prepare or approve, maps, Drawings, CONTRACTOR's Work depends upon work per- opinions, reports, surveys, Change Orders, formed by others under this Article 7, CONTRACTOR designs, or Specifications; or shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficien- 2. giving directions or instructions, or cies in such other work that render it unavailable or failing to give them, if that is the primary cause unsuitable for the proper execution and results of of the injury or damage. CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with ARTICLE 7-OTHER WORK CONTRACTOR's Work except for latent defects and deficiencies in such other work. 701 Related Work at Site 7.02 Coordination A. OWNER may perform other work related to A. If OWNER intends to contract with others for the Project at the Site by OWNER's employees, or let the performance of other work on the Project at the other direct contracts therefor, or have other work Site, the following will be set forth in Supplementary performed by utility owners. If such other work is not Conditions: noted in the Contract Documents, then* 1. the individual or entity who will have 1. written notice thereof will be given to authority and responsibility for coordination of CONTRACTOR prior to starting any such other the activities among the various contractors will work; and be identified; 2. if OWNER and CONTRACTOR are 2. the specific matters to be covered by unable to agree on entitlement to or on the such authority and responsibility will be amount or extent, if any, of any adjustment in itemized; and the Contract Price or Contract Times that should be allowed as a result of such other 3 the extent of such authority and work, a Claim may be made therefor as responsibilities will be provided. provided in paragraph 10.05. B. Unless otherwise provided in the B. CONTRACTOR shall afford each other Supplementary Conditions, OWNER shall have sole contractor who is a.party to such a direct contract and authority and responsibility for such coordination. each utility owner (and OWNER, if OWNER is per- forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract 00700-General Conditions REV 5-10-13.doc 00700-26 FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmimWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc ARTICLE 8-OWNER'S RESPONSIBILITIES 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or 8.01 Communications to Contractor have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, se- A. Except as otherwise provided in these quences, or procedures of construction, or the safety General Conditions, OWNER shall issue all communi- precautions and programs incident thereto, or for-any cations to CONTRACTOR through ENGINEER. failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the 802 Replacement of ENGINEER Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in A. In case of termination of the employment of accordance with the Contract Documents. ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable 8.10 Undisclosed Hazardous Environmental objection, whose status under the Contract Condition Documents shall be that of the former ENGINEER. A. OWNER's responsibility in respect to an 8.03 Furnish Data undisclosed Hazardous Environmental Condition is set forth in paragraph 4 06. A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.11 Evidence of Financial Arrangements 8.04 Pay Promptly When Due A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that A. OWNER shall make payments to CONTRAC- financial arrangements have been made to satisfy TOR promptly when they are due as provided in OWNER's obligations under the Contract Documents, paragraphs 14.02.0 and 14 07.C. OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. 805 Lands and Easements, Reports and Tests A. OWNER's duties in respect of providing lands ARTICLE 9 - ENGINEER'S STATUS DURING and easements and providing engineering surveys to CONSTRUCTION establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR 9.01 OWNER'S Representative copies of reports of explorations and tests of subsurface conditions and drawings of physical A. ENGINEER will be OWNER's representative conditions in or relating to existing surface or during the construction period. The duties and subsurface structures at or contiguous to the Site that responsibilities and -the limitations of authority of have been utilized by ENGINEER in preparing the ENGINEER as OWNER's representative during Contract Documents. construction are set forth in the Contract Documents and will not be changed without written consent of 806 Insurance OWNER and ENGINEER. A. OWNER's responsibilities, if any, in respect to 902 Visits to Site purchasing and maintaining liability and property insur- ance are set forth in Article 5 A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construc- 8.07 Change Orders tion as ENGINEER deems necessary in order to observe as an experienced and qualified design A. OWNER is obligated to execute Change professional the progress that has been made and the Orders as indicated in paragraph 10 03 quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained 8.08 Inspections, Tests, and Approvals during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if A. OWNER's responsibility in respect to certain the Work,is proceeding in accordance with the Con- inspections, tests, and approvals is set forth in tract Documents. ENGINEER will not be required to paragraph 13.03.6 make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. 00700-General Conditions REV 5-10-13.doc 00700-27 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmimWaster Contract Documents\00700-General Conditions REV 5-10-13.doc i ENGINEER's efforts will be directed toward providing Documents which do not involve an adjustment in the for OWNER a greater degree of confidence that the Contract Price or the Contract Times and are compati- completed Work will conform generally to the Contract ble with the design concept of the completed Project Documents. On the basis of such visits and as a functioning whole as indicated by the Contract observations, ENGINEER will keep OWNER informed Documents. These may be accomplished by a Field of the progress of the Work and will endeavor to guard Order and will be binding on OWNER and also on OWNER against defective Work. CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable B. ENGINEER's visits and observations are to agree on entitlement to or on the amount or extent, subject to all the limitations on ENGINEER's authority if any, of any adjustment in the Contract Price or and responsibility set forth in paragraph 9 10, and Contract Times, or both, as a result of a Field Order, a particularly, but without limitation, during or as a result Claim may be made therefor as provided in paragraph of ENGINEER's visits or observations of 10.05. CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be 906 Rejecting Defective Work responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, A. ENGINEER will have authority to disapprove or the safety precautions and programs incident or reject Work which ENGINEER believes to be thereto, or for any failure of CONTRACTOR to comply defective, or that ENGINEER believes will not produce with Laws and Regulations applicable to the a completed Project that conforms to the Contract performance of the Work. Documents or that will prejudice the integrity of the design concept of the completed Project as a 9.03 Project Representative functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to A. If OWNER and ENGINEER agree, ENGI- require special inspection or testing of the Work as NEER will furnish a Resident Project Representative provided in paragraph 13.04, whether or not the Work to assist ENGINEER in providing more extensive is fabricated, installed, or completed. observation of the Work. The responsibilities and authority and limitations thereon of any such Resident 907 Shop Drawings, Change Orders and Project Representative and assistants will be as Payments provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- A. In connection with ENGINEER's authority as tative or agent to represent OWNER at the Site who is to Shop Drawings and Samples, see paragraph 6.17. not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of B In connection with ENGINEER's authority as such other individual or entity will be as provided in the to Change Orders, see Articles 10, 11, and 12. Supplementary Conditions. C. In connection with ENGINEER's authority as 9.04 Clarifications and Interpretations to Applications for Payment, see Article 14 A. ENGINEER will issue with reasonable 9.08 Determinations for Unit Price Work promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents A. ENGINEER will determine the actual quanti- as ENGINEER may determine necessary, which shall ties and classifications of Unit Price Work performed be consistent with the intent of and reasonably by CONTRACTOR. ENGINEER will review with inferable from the Contract Documents. Such written CONTRACTOR the ENGINEER's preliminary clarifications and interpretations will be binding on determinations on such matters before rendering a OWNER and CONTRACTOR. If OWNER and CON- written decision thereon (by recommendation of an TRACTOR are unable to agree on entitlement to or on Application for Payment or otherwise). ENGINEER's the amount or extent, if any, of any adjustment in the written decision thereon will be final -and binding Contract Price or Contract Times, or both, that should (except as modified by ENGINEER to reflect changed be allowed as a result of a written clarification or factual conditions or more accurate data) upon interpretation, a Claim may be made therefor as OWNER and CONTRACTOR, subject to the provided in paragraph 10 05. provisions of paragraph 10 05 9.05 Authorized Variations in Work 909 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract 00700-General Conditions REV 5-10-13.doc 00700-28 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdminnWaster Contract Documents\00700-General Conditions REV 5-10-13.doc A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of D. ENGINEER's review of the final Application the acceptability of the Work thereunder. Claims, for Payment and accompanying documentation and all disputes and other matters relating to the acceptability maintenance and operating instructions, schedules, of the Work, the quantities and classifications of Unit guarantees, Bonds, certificates of inspection, tests Price Work, the interpretation of the requirements of and approvals, and other documentation required to the Contract Documents pertaining to the be delivered by paragraph 14.07.A will only be to performance of the Work, and Claims seeking determine generally that their content complies with changes in the Contract Price or Contract Times will the requirements of, and in the case of certificates of be referred initially to ENGINEER in writing, in inspections, tests, and approvals that the results accordance with the provisions of paragraph 10 05, certified indicate compliance with, the Contract with a request for a formal decision Documents. B. When functioning as interpreter and judge E. The limitations upon authority and responsibil- under this paragraph 9.09, ENGINEER will not show ity set forth in this paragraph 9.10 shall also apply to partiality to OWNER or CONTRACTOR and will not ENGINEER's Consultants, Resident Project Repre- be liable in connection with any interpretation or sentative, and assistants. decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this ARTICLE 10 -CHANGES IN THE WORK; CLAIMS paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment 10.01 Authorized Changes in the Work as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or A. Without invalidating the Agreement and CONTRACTOR of such rights or remedies as either without notice to any surety, OWNER may, at any time may otherwise have under the Contract Documents or or from time to time, order additions, deletions, or by Laws or Regulations in respect of any such Claim, revisions in the Work by a Written Amendment, a dispute, or other matter Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall 910 Limitations on ENGINEER's Authority and promptly proceed with the Work involved which will be Responsibilities performed under the applicable conditions of the Contract Documents (except as otherwise specifically A. Neither ENGINEER's authority or respon- provided). sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by B. If OWNER and CONTRACTOR are unable to ENGINEER in good faith either to exercise or not agree on entitlement to, or on the amount or extent, if exercise such authority or responsibility or the any, of an adjustment in the Contract Price or Contract undertaking, exercise, or performance of any authority Times, or both, that should be allowed as a result of a or responsibility by ENGINEER shall create, impose, Work Change Directive, a Claim may be made or give rise to any duty in contract, tort, or otherwise therefor as provided in paragraph 10.05. owed by ENGINEER to CONTRACTOR, any Subcon- tractor, any Supplier, any other individual or entity, or 10.02 Unauthorized Changes in the Work to any surety for or employee or agent of any of them. A. CONTRACTOR shall not be entitled to an B. ENGINEER will not supervise, direct, control, increase in the Contract Price or an extension of the or have authority over or be responsible for Contract Times with respect to any work performed CONTRACTOR's means, methods, techniques, se- that is not required by the Contract Documents as quences, or procedures of construction, or the safety amended, modified, or supplemented as provided in precautions and programs incident thereto, or for any paragraph 3.04, except in the case of an emergency failure of CONTRACTOR to comply with Laws and as provided in paragraph 6 16 or in the case of Regulations applicable to the performance of the uncovering Work as provided in paragraph 13.04.13 Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in 10.03 Execution of Change Orders accordance with the Contract Documents. A. OWNER and CONTRACTOR shall execute C ENGINEER will not be responsible for the appropriate Change Orders recommended by ENGI- acts or omissions of CONTRACTOR or of any NEER (or Written Amendments)covering. Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. 00700-General Conditions REV 5-10-13.doc 00700-29 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland take Improvements\Ndmim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc 1. changes in the Work which are: (i) panied by claimant's written statement that the adjust- ordered by OWNER pursuant to paragraph ment claimed is the entire adjustment to which the 10.01.A, (ii) required because of acceptance of claimant believes it is entitled as a result of said event. defective Work under paragraph 13 08.A or The opposing party shall submit any response to OWNER's correction of defective Work under ENGINEER and the claimant within 30 days after paragraph 13.09, or (iii) agreed to by the receipt of the claimant's last submittal (unless parties; ENGINEER allows additional time) 2. changes in the Contract Price or B. ENGINEER's Decision. ENGINEER will Contract Times which are agreed to by the render a formal decision in writing within 30 days after parties, including any undisputed sum or receipt of the last submittal of the claimant or the last amount of time for Work actually performed in submittal of the opposing party, if any. ENGINEER's accordance with a Work Change Directive, and written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and 3. changes in the Contract Price or CONTRACTOR unless: Contract Times which embody the substance of any written decision rendered by ENGINEER 1. an appeal from ENGINEER's pursuant to paragraph 10.05; provided that, in decision is taken within the time limits and in lieu of executing any such Change Order, an accordance with the dispute resolution appeal may be taken from any such decision in procedures set forth in Article 16; or accordance with the provisions of the Contract Documents and applicable Laws and Regula- 2. if no such dispute resolution tions, but during any such appeal, procedures have been set forth in Article 16, a CONTRACTOR shall carry on the Work and written notice of intention to appeal from adhere to the progress schedule as provided in ENGINEER's written decision is delivered by paragraph 6 18.A. OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of 10.04 Notification to Surety such decision, and a formal proceeding is instituted by the appealing party in a forum of A. If notice of any change affecting the general competent jurisdiction within 60 days after the scope of the Work or the provisions of the date of such decision or within 60 days after Contract Documents (including, but not Substantial Completion, whichever is later limited to, Contract Price or Contract Times) (unless otherwise agreed in writing by OWNER is required by the provisions of any Bond to and CONTRACTOR), to exercise such rights or be given to a surety, the giving of any such remedies as the appealing party may have with notice will be CONTRACTOR's responsibility respect to such Claim, dispute, or other matter The amount of each applicable Bond will be in accordance with applicable Laws and adjusted to reflect the effect of any such Regulations. change. C. If ENGINEER does not render a formal 10.05 Claims and Disputes decision in writing within the time stated inparagraph P 9 10.05.6, a decision denying the Claim in its entirety A. Notice: Written notice stating the general shall be deemed to have been issued 31 days after nature of each Claim, dispute, or other matter shall be receipt of the last submittal of the claimant or the last delivered by the claimant to ENGINEER and the other submittal of the opposing party, if any. party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise D. No Claim for an adjustment in Contract Price thereto. Notice of the amount or extent of the Claim, or Contract Times (or Milestones) will be valid if not dispute, or other matter with supporting data shall be submitted in accordance with this paragraph 10.05. delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant ARTICLE 11 -COST OF THE WORK; CASH to submit additional or more accurate data in support ALLOWANCES; UNIT PRICE WORK of such Claim, dispute, or other matter) A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.6 11 01 Cost of the Work A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of A. Costs Included. The term Cost of the Work paragraph 12.02.B. Each Claim shall be accom- means the sum of all costs necessarily incurred and 00700-General Conditions REV 5-10-13.doc 00700-30 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\00700-General Conditions REV 5-10-13.doc paid by CONTRACTOR in the proper performance of advice of ENGINEER, which bids, if any, will be the Work. When the value of any Work covered by a acceptable. If any subcontract provides that the Change Order or when a Claim for an adjustment in Subcontractor is to be paid on the basis of Cost Contract Price is determined on the basis of Cost of of the Work plus a fee, the Subcontractor's the Work, the costs to be reimbursed to Cost of the Work and fee shall be determined CONTRACTOR will be only those additional or in the same manner as CONTRACTOR's Cost incremental costs required because of the change in of the Work and fee as provided in this para- the Work or because of the event giving rise to the graph 11.01. Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no 4. Costs of special consultants higher than those prevailing in the locality of the (including but not limited to engineers, Project, shall include only the following items, and architects, testing laboratories, surveyors, shall not include any of the costs itemized in para- attorneys, and accountants) employed for graph 11.01.6 services specifically related to the Work. 1. Payfel„ vestsfn-r p!Gyees—m-t,",e 5 Supplemental costs including the following- a. The proportion of necessary trans- portation, travel, and subsistence expenses of without limitatien 6uperintendents, feremen, CONTRACTOR's employees incurred in dis- anr! other personnel emp!Gyed full time at the charge of duties connected with the Work. b Cost, including transportation and the basis of tt}eir--ti spent en the Werk. maintenance, of all materials, supplies, equip- Payroll GG-46468 shall inn-lude, but nGt be limited ment, machinery, appliances, office, and salariesand wages plus the ^^^+ gf fringe temporary facilities at the Site, and hand tools not owned by the workers,which are consumed sentribatiens, anempleyment, eXGise, and in the performance of the Work, and cost, less market value, of such items used but not con- and retirement-benefits bGRuses, sumed which remain the property of CON- and holiday pay appliGable theFete. The expenses of performing Work outside of C. Rentals of all construction equip- legal holidays, shall be iFlGluded in the above to and machinery, and the parts thereof the extent authorized by nWNER whether rented from CONTRACTOR or others in accordance with rental agreements approved 2. Cost of all materials and equipment by OWNER with the advice of ENGINEER, and furnished and incorporated in the Work, includ- the costs of transportation, loading, unloading, ing costs of transportation and storage thereof, assembly, dismantling, and removal thereof and Suppliers' field services required in All such costs shall be in accordance with the connection therewith. All cash discounts shall terms of said rental agreements. The rental of accrue to CONTRACTOR unless OWNER any such equipment, machinery, or parts shall deposits funds with CONTRACTOR with which cease when the use thereof is no longer to make payments, in which case the cash necessary for the Work. discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns d. Sales, consumer, use, and other from sale of surplus materials and equipment similar taxes related to the Work, and for which shall accrue to OWNER, and CONTRACTOR CONTRACTOR is liable, imposed by Laws and shall make provisions so that they may be Regulations. obtained. e. Deposits lost for causes other than 3. Payments made by CONTRACTOR negligence of CONTRACTOR, any Sub- to Subcontractors for Work performed by contractor, or anyone directly or indirectly Subcontractors. If required by OWNER, CON- employed by any of them or for whose acts any TRACTOR shall obtain competitive bids from of them may be liable, and royalty payments subcontractors acceptable to OWNER and and fees for permits and licenses. CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the 00700-General Conditions REV 5-10-13.doc 00700-31 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmimWaster Contract Documents\00700-General Conditions REV 5-10-13.doc f. Losses and damages (and related 2. Expenses of CONTRACTOR's princi- expenses) caused by damage to the Work, not pal and branch offices other than compensated by insurance or otherwise, sus- CONTRACTOR's office at the Site. tained by CONTRACTOR in connection with the performance of the Work (except losses 3 Any part of CONTRACTOR's capital and damages within the deductible amounts of expenses, including interest on property insurance established in accordance CONTRACTOR's capital employed for the with paragraph 5.06 D), provided such losses Work and charges against CONTRACTOR for and damages have resulted from causes other delinquent payments. than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly 4. Costs due to the negligence of CON- employed by any of them or for whose acts any TRACTOR, any Subcontractor, or anyone of them may be liable. Such losses shall directly or indirectly employed by any of them or include settlements made with the written for whose acts any of them may be liable, consent and approval of OWNER. No such including but not limited to, the correction of losses, damages, and expenses shall be defective Work, disposal of materials or included in the Cost of the Work for the equipment wrongly supplied, and making good purpose of determining CONTRACTOR's fee. any damage to property. g. The cost of utilities, fuel, and sanitary 5 Other overhead or general expense facilities at the Site costs of any kind and the costs of any item not specifically and expressly included in h. Minor expenses such as telegrams, paragraphs 11.01.A and 11.01.13. long distance telephone calls, telephone service at the Site, expressage, and similar petty cash C. CONTRACTOR's Fee: When all the Work is items in connection with the Work. performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. i. When the Cost of the Work is used to When the value of any Work covered by a Change determine the value of a Change Order or of a Order or when a Claim for an adjustment in Contract Claim, the cost of premiums for additional Price is determined on the basis of Cost of the Work, Bonds and insurance required because of the CONTRACTOR's fee shall be determined as set forth changes in the Work or caused by the event in paragraph 12.01.0 giving rise to the Claim. D. Documentation. Whenever the Cost of the j.When all the Work is performed on the Work for any purpose is to be determined pursuant to basis of cost-plus, the costs of premiums for all paragraphs 11.01.A and 11.01.13, CONTRACTOR will Bonds and insurance CONTRACTOR is establish and maintain records thereof in accordance required by the Contract Documents to with generally accepted accounting practices and purchase and maintain. submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting B Costs Excluded: The term Cost of the Work data. shall not include any of the following items: 11.02 Cash Allowances 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, princi- A. It is understood that CONTRACTOR has in- pals (of partnerships and sole proprietorships), cluded in the Contract Price all allowances so named general managers, engineers, architects, in the Contract Documents and shall cause the Work estimators, attorneys, auditors, accountants, so covered to be performed for such sums as may be -purchasing and contracting agents, expediters, acceptable to OWNER and ENGINEER. timekeepers, clerks, and other personnel CONTRACTOR agrees that: employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch 1. the allowances include the cost to office for general administration of the Work CONTRACTOR (less any applicable trade and not specifically included in the agreed upon discounts) of materials and equipment required schedule of job classifications referred to in by the allowances to be delivered at the Site, paragraph 11.01.A.1 or specifically covered by and all applicable taxes; and paragraph 11 01.A.4, all of which are to be considered administrative costs covered by the 2. CONTRACTOR's costs for unloading CONTRACTOR's fee. and handling on the Site, labor, installation 00700-General Conditions REV 5-10-13.doc 00700-32 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc costs, overhead, profit, and other expenses ARTICLE 12 -CHANGE OF CONTRACT PRICE; contemplated for the allowances have been CHANGE OF CONTRACT TIMES included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will 12.01 Change of Contract Price be valid. A. The Contract Price may only be changed by a B. Prior to final payment, an appropriate Change Change Order or by a Written Amendment. Any Order will be issued as recommended by ENGINEER Claim for an adjustment in the Contract Price shall be to reflect actual amounts due CONTRACTOR on based on written notice submitted by the party making account of Work covered by allowances, and the Con- the Claim to the ENGINEER and the other party to the tract Price shall be correspondingly adjusted. Contract in accordance with the provisions of para- graph 10.05. 11.03 Unit Price Work B. The value of any Work covered by a Change A. Where the Contract Documents provide that Order or of any Claim for an adjustment in the all or part of the Work is to be Unit Price Work, initially Contract Price will be determined as follows: the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the 1. where the Work involved is covered unit price for each separately identified item of Unit by unit prices contained in the Contract Price Work times the estimated quantity of each item Documents, by application of such unit prices to as indicated in the Agreement. The estimated the quantities of the items involved (subject to quantities of items of Unit Price Work are not guaran- the provisions of paragraph 11.03); or teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price Deter- 2. where the Work involved is not cov- minations of the actual quantities and classifications of ered by unit prices contained in the Contract Unit Price Work performed by CONTRACTOR will be Documents, by a mutually agreed lump sum made by ENGINEER subject to the provisions of (which may include an allowance for overhead paragraph 9.08. and profit not necessarily in accordance with paragraph 12.01.C.2); or B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- 3. where the Work involved is not cov- quate to cover CONTRACTOR's overhead and profit ered by unit prices contained in the Contract for each separately identified item. Documents and .agreement to a lump sum is not reached under paragraph 12.01.6.2, on the C OWNER or CONTRACTOR may make a basis of the Cost of the Work (determined as Claim for an adjustment in the Contract Price in accor- provided in paragraph 11.01) plus a dance with paragraph 10 05 if: CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.C) 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs C. CONTRACTOR's Fee: The materially and significantly from the estimated CONTRACTOR's fee for overhead and profit shall be quantity of such item indicated in the determined as follows: Agreement; and 1 a mutually acceptable fixed fee; or 2. there is no corresponding adjustment with respect any other item of Work; and 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the 3. if CONTRACTOR believes that various portions of the Cost of the Work: CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred a. for costs incurred under para- additional expense or OWNER believes that graphs 11.01.A.1 and 11 01.A.2, the OWNER is entitled to a decrease in Contract CONTRACTOR's fee shall•be 15 percent; Price and the parties are unable to agree as to the amount of any such increase or decrease b for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be-five percent; 00700-General Conditions REV 5-10-13 doc 00700-33 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmirnWaster Contract Documents\00700-General Conditions REV 5-10-13.doc c. where one or more tiers of subcon- limited to, acts or neglect by OWNER, acts or neglect tracts are on the basis of Cost of the Work of utility owners or other contractors performing other plus a fee and no fixed fee is agreed upon, work as contemplated by Article 7, fires, floods, the intent of paragraph 12.01.C.2.a is that epidemics, abnormal weather conditions, or acts of the Subcontractor who actually performs God. the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such 12.04 Delays Within CONTRACTOR's Control Subcontractor under paragraphs 11 01.A.1 and 11.01.A.2 and that any higher tier A. The Contract Times(or Milestones)will not be Subcontractor and CONTRACTOR will extended due to delays within the control of each be paid a fee of five percent of the CONTRACTOR. Delays attributable to and within the amount paid to the next lower tier Subcon- control of a Subcontractor or Supplier shall be tractor; deemed to be delays within the control of CONTRAC- TOR. d. no fee shall be payable on the basis of costs itemized under paragraphs 12.05 Delays Beyond OWNER's and 11.01.A.4, 11.01.A.5, and 11.01.8; CONTRACTOR's Control e. the amount of credit to be allowed A. Where CONTRACTOR is prevented from by CONTRACTOR to OWNER for any completing any part of the Work within the Contract change which results in a net decrease in Times (or Milestones) due to delay beyond the control cost will be the amount of the actual net of both OWNER and CONTRACTOR, an extension of decrease in cost plus a deduction in the Contract Times (or Milestones) in an amount CONTRACTOR's fee by an amount equal equal to the time lost due to such delay shall be to five percent of such net decrease, and CONTRACTOR's sole and exclusive remedy for such delay f when both additions and credits are involved in any one change, the adjustment 12.06 Delay Damages in CONTRACTOR's fee shall be computed on the basis of the net change in A. In no event shall OWNER or ENGINEER be accordance with paragraphs 12.01.C.2.a liable to CONTRACTOR, any Subcontractor, any through 12.01 C.2.e, inclusive. Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for 12 02 Change of Contract Times damages arising out of or resulting from: A. The Contract Times (or Milestones) may only 1. delays caused by or within the control be changed by a Change Order or by a Written of CONTRACTOR; or Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on 2. delays beyond the control of both written notice submitted by the party making the claim OWNER and CONTRACTOR including but not to the ENGINEER and the other party to the Contract limited to fires, floods, epidemics, abnormal in accordance with the provisions of paragraph 10.05. weather conditions, acts of God, or acts or neglect by utility owners or other contractors B Any adjustment of the Contract Times (or performing other work as contemplated by Milestones) covered by a Change Order or of any Article 7 Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the B Nothing in this paragraph 12.06 bars a provisions of this Article 12. change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, 12.03 Delays Beyond CONTRACTOR's Control interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom A. Where CONTRACTOR is prevented from OWNER is responsible completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones)will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be 00700-General Conditions REV 5-10-13.doc 00700-34 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc ARTICLE 13-TESTS AND INSPECTIONS, furnish ENGINEER the required certificates of inspec- CORRECTION, REMOVAL OR ACCEPTANCE OF tion or approval. DEFECTIVE WORK D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in 13.01 Notice of Defects connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance A. Prompt notice of all defective Work of which of materials or equipment to be incorporated in the OWNER or ENGINEER has actual knowledge will be Work; or acceptance of materials, mix designs, or given to CONTRACTOR. All defective Work may be equipment submitted for approval prior to rejected, corrected, or accepted as provided in this CONTRACTOR's purchase thereof for incorporation Article 13 in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to 13.02 Access to Work OWNER and ENGINEER. A. OWNER, ENGINEER, ENGINEER's Con- E. If any Work (or the work of others) that is to sultants, other representatives and personnel of be inspected, tested, or approved is covered by CON- OWNER, independent testing laboratories, and TRACTOR without written concurrence of ENGI- governmental agencies with jurisdictional interests will NEER, it must, if requested by ENGINEER, be uncov- have-access to the Site and the Work at reasonable ered for observation. times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe F. Uncovering Work as provided in paragraph conditions for such access and advise them of 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR's Site safety procedures and CONTRACTOR has given ENGINEER timely notice programs so that they may comply therewith as of CONTRACTOR's intention to cover the same and applicable ENGINEER has not acted with reasonable prompt- ness in response to such notice. 13.03 Tests and Inspections 13.04 Uncovering Work A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required A. If any Work is covered contrary to the written inspections, tests, or approvals and shall cooperate request of ENGINEER, it must, if requested by ENGI- with inspection and testing personnel to facilitate NEER, be uncovered for ENGINEER's observation required inspections or tests. and replaced at CONTRACTOR's expense. B OWNER shall employ and pay for the B. If ENGINEER considers it necessary or r_,t_Qniincs. of an independent testing labeF+tery t„ advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspec- 1. forinspeGtens, tests r approvers tion, or testing as ENGINEER may require, that Govered by paragraphs. 13.01C :and 13.03.D portion of the Work in question, furnishing all neces- below; sary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, paFagFaph 12 04 'R shall be paid as pFovided an attorneys, and other professionals and all court or said paragFaph 13.04.131-and arbitration or other dispute resolution costs)arising out of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of C. If Laws or Regulations of any public body others), and OWNER shall be entitled to an having jurisdiction require any Work (or part thereof) appropriate decrease in the Contract Price. If the specifically to be inspected, tested, or approved by an parties are unable to agree as to the amount thereof, employee or other representative of such public body, OWNER may make a Claim therefor as provided in CONTRACTOR shall assume full responsibility for paragraph 10 05. If, however, such Work is not found arranging and obtaining such inspections, tests, or to be defective, CONTRACTOR shall be allowed an approvals, pay all costs in connection therewith, and increase in the Contract Price or an extension of the 00700-General Conditions REV 5-10-13.doc 00700-35 F'\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc Contract Times (or Milestones), or both, directly work of others n-.r etheF land eF areas resulting t attributable to such uncovering, exposure, #fern- If CONTRACTOR does not promptly comply observation, inspection, testing, replacement, and with the terms of such instructions, or in an reconstruction. If the parties are unable to agree as to emergency where delay would cause serious risk of the amount or extent thereof, CONTRACTOR may loss or damage, OWNER may have the defective make a Claim therefor as provided in paragraph Work corrected or repaired or may have the rejected 10.05. Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all 1305 OWNER May Stop the Work fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or A. if the I.Alork i6; d-;--IfeGti„o or GONTRAGTOR other dispute resolution costs) arising out of or relating to such correction or repair or such removal and .m.-ateria's A_I:equipment, or fails te peFfGrm the Work On replacement (including but not limited to all costs of repair or replacement of work of others)will be paid by CONTRACTOR. TRACTOR to step the Work, or any pGFtien thepeef, untathe Gauss far srrrh order has boon eliminated; B. heweveF, this right Gf OWNER to stop the VVGFk shall of equipment is pla--ed on cGentinueus; sep.fin-e RGt 9iVe rise to any duty on the part Gf OWNER to before Substaptial GGmpletien of all the VVeFk, the overnice this right far the benefit of CONTRACTOR any SUbGGRtFaGtOr, any Supplier, any etheF iRdividual tearlapair date if so provided OR the SpeGifiGatiGRG OF b or entity, or any surety for or employee or anent of \A/ritten Amendment r nv of them. C. Where defective Work (and damage to other 13.06 Correction or Removal of Defective Work Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13 07, A. CONTRACTOR shall correct all defective the correction period hereunder with respect to such Work, whether or not fabricated, installed, or Work will be extended for an additional period of one completed, or, if the Work has been rejected by ENGI- year after such correction or removal and replacement NEER, remove it from the Project and replace it with has been satisfactorily completed. Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but D. CONTRACTOR's obligations under this not limited to all fees and charges of engineers, paragraph 13.07 are in addition to any other obligation architects, attorneys, and other professionals and all or warranty. The provisions of this paragraph 13.07 court or arbitration or other dispute resolution costs) shall not be construed as a substitute for or a waiver arising out of or relating to such correction or removal of the provisions of any applicable statute of limitation (including but not limited to all costs of repair or or repose. replacement of work of others) 13.08 Acceptance of Defective Work 13.07 Correction Period A. If, instead of requiring correction or removal A. and replacement of defective Work, OWNER (and, Completion OF SUGh lenger peFied Gf time as may be prior to ENGINEER's recommendation of final pay- PFEISGFibed by Laws or Regulations er by the terms of ENGINEER) prefers to accept it, OWNER may any appli^able spesiad guaFantee required by the do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, defeGtive, OF if the repair of any damages to the land and other professionals and all court or arbitration or GF aFeas made available fn-.r C-C-AITRACTOR's use by other dispute resolution costs) attributable to 01AINFR nr Permitted by Laws and Regulations as OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness)and the diminished value of the Work to the extent not otherwise paid by iFIIS# lGtiens, (i) repair sr rah defestnie land or areas or CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recom- 1A/nrL has been reieoted by OWNER, remove it from mendation of final payment, a Change Order will be the P-rGjeGt a�Tpplare it ,kith \A/nrL that is net issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease 00700-General Conditions REV 5-10-13.doc 00700-36 F'\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree D. CONTRACTOR shall not be allowed an as to the amount thereof, OWNER may make a Claim extension of the Contract Times (or Milestones) therefor as provided in paragraph 10.05. If the because of any delay in the performance of the Work acceptance occurs after such recommendation, an attributable to the exercise by OWNER of OWNER's appropriate amount will be paid by CONTRACTOR to rights and remedies under this paragraph 13.09 OWNER. 13 09 OWNER May Correct Defective Work ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected 14.01 Schedule of Values Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to A. The schedule of values established as provid- perform the Work in accordance with the Contract ed in paragraph 2.07.A will serve as the basis for Documents, or if CONTRACTOR fails to comply with progress payments and will be incorporated into a any other provision of the Contract Documents, form of Application for Payment acceptable to ENGI- OWNER may, after seven days written notice to NEER. Progress payments on account of Unit Price CONTRACTOR, correct and remedy any such Work will be based on the number of units completed. deficiency. 14.02 Progress Payments B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. A. Applications for Payments In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all 1. At least 20 days before the date or part of the Site, take possession of all or part of the established for each progress payment(but not Work and suspend CONTRACTOR's services related more often than once a month), thereto, take possession of CONTRACTOR's tools, CONTRACTOR shall submit to ENGINEER for appliances, construction equipment and machinery at review an Application for Payment filled out and the Site, and incorporate in the Work all materials and signed by CONTRACTOR covering the Work equipment stored at the Site or for which OWNER has completed as of the date of the Application and paid CONTRACTOR but which are stored elsewhere. accompanied by such supporting CONTRACTOR shall allow OWNER, OWNER's documentation as is required by the Contract representatives, agents and employees, OWNER's Documents. If payment is requested on the other contractors, and ENGINEER and ENGINEER's basis of materials and equipment not Consultants access to the Site to enable OWNER to incorporated in the Work but delivered and exercise the rights and remedies under this suitably stored at the Site or at another location paragraph. agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, C. All Claims, costs, losses, and damages invoice, or other documentation warranting that (including but not limited to all fees and charges of OWNER has received the-materials and equip- engineers, architects, attorneys, and other ment free and clear of all Liens and evidence professionals and all court or arbitration or other that the materials and equipment are covered dispute resolution costs) incurred or sustained by by appropriate property insurance or other OWNER in exercising the rights and remedies under arrangements to protect OWNER's interest this paragraph 13 09 will be charged against CON- therein, all of which must be satisfactory to TRACTOR, and a Change Order will be issued OWNER. incorporating the necessary revisions in the Contract .Documents with respect-to the Work; and OWNER 2. Beginning with the second shall be entitled to an appropriate decrease in the Application for Payment, each Application shall Contract Price If the parties are unable to agree as to include an affidavit of CONTRACTOR stating the amount of the adjustment, OWNER may make a that all previous progress payments received Claim therefor as provided in paragraph 10.05. Such on account of the Work have been applied on claims, costs, losses and damages will include but not account to discharge CONTRACTOR's be limited to all costs of repair, or replacement of work legitimate obligations associated with prior of others destroyed or damaged by correction, Applications for Payment. removal, or replacement of CONTRACTOR's defective Work. 00700-General Conditions REV 5-10-13.doc 00700-37 F1Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\00700-General Conditions REV 5-10-13.doc 3. The amount of retainage with respect the Contract Documents, or (ii) that there may to progress payments will be as stipulated in not be other matters or issues between the the Agreement. parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER B. Review of Applications to withhold payment to CONTRACTOR. 1. ENGINEER will, within 10 days after 4. Neither ENGINEER's review of receipt of each Application for Payment, either CONTRACTOR's Work for the purposes of indicate in writing a recommendation of recommending payments nor ENGINEER's payment and present the Application to recommendation of any payment, including final OWNER or return the Application to payment, will impose responsibility on CONTRACTOR indicating in writing ENGINEER to supervise, direct, or control the ENGINEER's reasons for refusing to Work or for the means, methods, techniques, recommend payment. In the latter case, CON- sequences, or procedures of construction, or TRACTOR may make the necessary the safety precautions and programs incident corrections and resubmit the Application. thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to 2. ENGINEER's recommendation of CONTRACTOR's performance of the Work. any payment requested in an Application for Additionally, said review or recommendation will Payment will constitute a representation by not impose responsibility on ENGINEER to ENGINEER to OWNER, based on make any examination to ascertain how or for ENGINEER's observations on the Site of the what purposes CONTRACTOR has used the executed Work as an experienced and qualified moneys paid on account of the Contract Price, design professional and on ENGINEER's or to determine that title to any of the Work, review of the Application for Payment and the materials, or equipment has passed to accompanying data and schedules, that to the OWNER free and clear of any Liens. best of ENGINEER's knowledge, information and belief: 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, a. the Work has progressed to the point in ENGINEER's opinion, it would be incorrect to indicated, make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may b. the quality of the Work is generally in also refuse to recommend any such payment accordance with the Contract Documents or, because of subsequently discovered (subject to an evaluation of the Work as a evidence or the results of subsequent functioning whole prior to or upon inspections or tests, revise or revoke any such Substantial Completion, to the results of any payment recommendation previously made, to subsequent tests called for in the Contract such extent as may be necessary in Documents, to a final determination of ENGINEER's opinion to protect OWNER from quantities and classifications for Unit Price loss because. Work under paragraph 9.08, and to any other qualifications stated in the a. the Work is defective, or completed recommendation); and Work has been damaged, requiring correction or replacement; c. The conditions precedent to CONTRACTOR's being entitled to such b. the Contract Price has been reduced payment appear to have been fulfilled in so by Written Amendment or Change Orders; far as it is ENGINEER's responsibility to observe the Work. c. OWNER has been required to correct defective Work or complete Work in accor- 3. By recommending any such dance with paragraph 13 09; or payment ENGINEER will not thereby be deemed to have represented that: (i) inspec- d. ENGINEER has aGtual 4.,,,,.ledgo of tions made to check the quality or the quantity of the Work as it has been performed have ated in paFagFaph 15.02.A. been exhaustive, .extended to every aspect of the Work in progress, or involved detailed C. Payment Becomes Due inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in 00700-General Conditions REV 5-10-13.doc 00700-38 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdminn Master Contract Documents\00700-General Conditions REV 5-10-13.doc 1. TendsfterpFesenta+ice-the AppliGation fbF Payment to OWNER with 14 04 Substantial Completion €NGINEER''s FEIGGMeRdat�, the-aMOUR A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items D. Reduction in Payment specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of 1. OWNER may refuse to make Substantial Completion Promptly thereafter, payment of the full amount recommended by OWNER, CONTRACTOR, and ENGINEER shall ENGINEER because: make an inspection of the Work to determine the status of completion If ENGINEER does not consider a. claims have been made against the Work substantially complete, ENGINEER will OWNER on account of CONTRACTOR's notify CONTRACTOR in writing giving the reasons performance or furnishing of the Work; therefore. if ENGINEER GeRsiders the iNe.r4 0--st mm�le LC`TAI P` EEC? ill nFn�nnr d b. Liens have been filed in connection deliver to OWNER a tentative nerfifinate of S theta n+inl with the Work, except where CONTRACTOR has delivered a specific Completion. There shall be attaGhed tothe sertif,.;s'e Bond satisfactory to OWNER to secure the a tentative fist of items to he nomnle+ed OF oorrentert satisfaction and discharge of such Liens; before final payment. 9W#€Pr shoal'„ have seven days after rennin} of the tentative nerF'finn}e during whish to c. there are other items entitling OWN- make written 9bjest+GR tn- ENGINEER a6 to aay ER to a set-off against the amount s of the GertifiGate er attaGhed-list. if,aver recommended; or that the V11erk is not Substantially—GE)Mplete, d. OWNER has actual knowledge of the ENIGInlFEp will within 14 days after so ohmission of the occurrence of any of the events enumerated in paragraphs 14.02.6.5.a through in writing, stati^,9 t,he-reasons therefor. if, anef 14.02.B 5.c or paragraph 15.02.A. Gensideratien ef-C-AWN€R's ebjesti0Rs, ENGINE€R GensiderS—the Wersubsta �� ntiallGer :ete, 2. If OWNER refuses to make payment ENGINEER withinaid 14 days e��t�ar4 of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with tentative lost of items to he nmmpleterl nr nnrrented) a copy to ENGINEER) stating the reasons for reflen+inn 66IGh nhannes from the tentative nertifiGate such action and promptly pay CONTRACTOR E=nlclnlGF=o hnlie„es justified after nnnsirlera+inn of any amount remaining after deduction of the any ebjeGIJAMA frnm, OWNER. At the tome of delivefy amount so withheld OWNER shall promptly Q_f the teRtatiYe rVe-Ftifir—ate of Substantial Completion pay CONTRACTOR the amount so withheld, or F=^IGINIF=GQ will dtzli„er +n OWNER and GONTl7AC- any adjustment thereto agreed to by OWNER TOR a written FeGiGiMmendation as to divisie and CONTRACTOR, when CONTRACTOR r-eSPGRsibil.,.ties—peRding final paynieA betweea corrects to OWNER'.s satisfaction the reasons OWNER aAd CONTRACTOR weth for such action. epeFatiGn, safety, and PF9teGti9A of the Work, rraimte;aase,heat, utilities, insurance, a^^I `”wmnties 3. If it is subsequently determined that and gaarantoes. �a;ess—Oull-fa€R a+aQ OWNER's refusal of payment was not justified, CONTRACTOR agree writing aR the amount wrongfully withheld shall be treated inform GnI2InIC.Cl7 in writing nrinr +n CAI(_IAICC[7's as an amount due as determined by paragraph 14.02.C.1 tion ENGIAIFFR's afnrosaid rennmmenda}inn will he 14.03 CONTRACTOR's Warranty of Title payment. A. CONTRACTOR warrants and guarantees B OWNER shall have the right to exclude that title to all Work, materials, and equipment covered CONTRACTOR from the Site after the date of by any Application for Payment, whether incorporated Substantial Completion, but OWNER shall allow CON- in the Project or not,will pass to OWNER no later than TRACTOR reasonable access to complete or correct the time of payment free and clear of all Liens. items on the tentative list. 00700-General Conditions REV 5-10-13 doc 00700-39 F-\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovennentsV\dminn\Master Contract Documents\00700-General Conditions REV 5-10-13.doc inspection with OWNER and CONTRACTOR and will 14.05 Partial Utilization notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is A. Use by OWNER at OWNER's option of any incomplete or defective. CONTRACTOR shall substantially completed part of the Work which has immediately take such measures as are necessary to specifically been identified in the Contract Documents, complete such Work or remedy such deficiencies. or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable 14 07 Final Payment part of the Work that can be used by OWNER for its intended purpose without significant interference with A. Application for Payment CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial 1. After CONTRACTOR has, in the Completion of all the Work subject to the following opinion of ENGINEER, satisfactorily completed conditions all corrections identified during the final inspection and has delivered, in accordance 1 OWNER at any time may request with the Contract Documents, all maintenance CONTRACTOR in writing to permit OWNER to and operating instructions, schedules, guaran- use any such part of the Work which OWNER tees, Bonds, certificates or other evidence of believes to be ready for its intended use and insurance certificates of inspection, marked-up substantially complete. If CONTRACTOR record documents (as provided in paragraph agrees that such part of the Work is 6.12), and other documents, CONTRACTOR substantially complete, CONTRACTOR will may make application for final payment follow- certify to OWNER and ENGINEER that such ing the procedure for progress payments. part of the Work is substantially complete and request ENGINEER to issue a certificate of 2. The final Application for Payment Substantial Completion for that part of the shall be accompanied (except as previously Work. CONTRACTOR at any time may notify delivered) by: (i) all documentation called for in OWNER and ENGINEER in writing that the Contract Documents, including but not CONTRACTOR considers any such part of the limited to the evidence of insurance required by Work ready for its intended use and substan- subparagraph 5 04 B 7; (ii) consent of the tially complete and request ENGINEER to issue surety, if any, to final payment; and (iii) a certificate of Substantial Completion for that complete and legally effective releases or part of the Work. Within a reasonable time waivers (satisfactory to OWNER) of all Lien after either such request, OWNER, rights arising out of or Liens filed in connection CONTRACTOR, and ENGINEER shall make with the Work. an inspection of that part of the Work to determine its status of completion. If 3 In lieu of the releases or waivers of ENGINEER does not consider that part of the Liens specified in paragraph 14.07.A.2 and as Work to be substantially complete, ENGINEER approved by OWNER, CONTRACTOR may will notify OWNER and CONTRACTOR in furnish receipts or releases in full and an writing giving the reasons therefor. If affidavit of CONTRACTOR that: (i)the releases ENGINEER considers that part of the Work to and receipts include all labor, services, be substantially complete, the provisions of material, and-equipment for which a Lien could paragraph 14.04 will apply with respect to be filed, and (ii) all payrolls, material and certification of Substantial Completion of that equipment bills, and other indebtedness part of the Work and the division of connected with the Work for which OWNER or responsibility in respect thereof and access OWNER's property might in any way be thereto. responsible have been paid or otherwise satis- fied. If any Subcontractor or Supplier fails to 2. No occupancy or separate operation furnish such a release or receipt in full, CON- of part of the Work may occur prior to TRACTOR may furnish a Bond or other compliance with the requirements of paragraph collateral satisfactory to OWNER to indemnify 5.10 regarding property insurance. OWNER against any Lien. 14.06 Final Inspection B. Review of Application and Acceptance A. Upon written notice from CONTRACTOR that 1 If, on the basis of ENGINEER's the entire Work or an agreed portion thereof is observation of the Work during construction complete, ENGINEER will promptly make a final and final inspection, and ENGINEER's review 00700-General Conditions REV 5-10-13.doc 00700-40 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc of the final Application for Payment and 1. a waiver of all Claims by OWNER accompanying documentation as required by against CONTRACTOR, except Claims arising the Contract Documents, ENGINEER is from unsettled Liens, from defective Work satisfied that the Work has been completed appearing after final inspection pursuant to and CONTRACTOR's other obligations under paragraph 14.06, from failure to comply with the the Contract Documents have been fulfilled, Contract Documents or the terms of any special ENGINEER will, within ten days after receipt of guarantees specified therein, or from the final Application for Payment, indicate in CONTRACTOR's continuing obligations under writing ENGINEER's recommendation of the Contract Documents; and payment and present the Application for Payment to OWNER for payment. At the same 2. a waiver of all Claims by CONTRAC- time ENGINEER will also give written notice to TOR against OWNER other than those OWNER and CONTRACTOR that the Work is previously made in writing which are still acceptable subject to the provisions of unsettled. paragraph 14 09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the ARTICLE 15 -SUSPENSION OF WORK AND reasons for refusing to recommend final TERMINATION payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. 15 01 OWNER May Suspend Work C. Payment Becomes Due A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period 1 Thirty days after the presen+n+inn +„ of not more than 90 consecutive days by notice in CANNER of the AppliGatiOn for Payment and writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. COW renGmmended by ENGINEER will hennme due TRACTOR shall resume the Work on the date so and, wheR due, will he paid by OWNER +n fixed. Times, Gr both, diFeGtly attributable to any SUGh 1.4.08 Final Completion Delayed as pFevided paragFaph 10.05. A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if 15.02 OWNER May Terminate for Cause ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and A. The occurrence of any one or more of the recommendation of ENGINEER, and without terminat- following events will justify termination for cause- ing the Agreement, make payment of the balance due for that portion of the Work fully completed and 1. CONTRACTOR's persistent failure accepted. If the remaining balance to be held by to perform the Work in accordance with the OWNER for Work not-fully completed or corrected is Contract Documents (including, but not limited less than the retainage stipulated in the Agreement, to, failure to supply sufficient skilled workers or and if Bonds have been furnished as required in suitable materials or equipment or failure to paragraph 5.01, 'the written consent of the surety to adhere to the progress schedule established the payment of the balance due for that portion of the under paragraph 2.07 as adjusted from time to Work fully completed and accepted shall be submitted time pursuant to paragraph 6.04); by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made 2. CONTRACTOR's disregard of Laws under the terms and conditions governing final or Regulations of any Public body having payment, except that it shall not constitute a waiver of jurisdiction; Claims. 3 CONTRACTOR's disregard of the 14.09 Waiver of Claims authority of ENGINEER, or A. The making and acceptance of final payment 4. CONTRACTOR's violation in any will constitute. substantial way of any provisions of the Contract Documents. 00700-General Conditions REV 5-10-13.doc 00700-41 F1Public Works\ENGINEERING DIVISION PROJECTS11219-Roseland Lake ImprovementsWdmim\Master Contract Documents\00700-General Conditions REV 5-10-13.doc B. If one or more of the events identified in services and furnishing labor, materials, or paragraph 15.02.A occur, OWNER may, after giving equipment as required by the Contract CONTRACTOR (and the surety, if any) seven days Documents in connection with uncompleted written notice, terminate the services of Work, plus fair and reasonable sums for CONTRACTOR, exclude CONTRACTOR from the overhead and profit on such expenses; Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction 3. for all claims, costs, losses, and equipment, and machinery at the Site, and use the damages (including but not limited to all fees same to the full extent they could be used by and charges of engineers, architects, attorneys, CONTRACTOR (without liability to CONTRACTOR for and other professionals and all court or trespass or conversion), incorporate in the Work all arbitration or other dispute resolution costs) in- materials and equipment stored at the Site or for curred in settlement of terminated contracts which OWNER has paid CONTRACTOR but which with Subcontractors, Suppliers, and others; and are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR 4. for reasonable expenses directly shall not be entitled to receive any further payment attributable to termination. until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and B. CONTRACTOR shall not be paid on account damages (including but not limited to all fees and of loss of anticipated profits or revenue or other eco- charges of engineers, architects, attorneys, and other nomic loss arising out of or resulting from such professionals and all court or arbitration or other termination. dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess 15.04 CONTRACTOR May Stop Work or will be paid to CONTRACTOR. If such claims, costs, Terminate losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. A. If, through no act or fault of CONTRACTOR, Such claims, costs, losses, and damages incurred by the Work is suspended for more than 90 consecutive OWNER will be reviewed by ENGINEER as to their days by OWNER or under an order of court or other reasonableness and, when so approved by public authority, or ENGINEER fails to act on any ENGINEER, incorporated in a Change Order. When Application for Payment within 30 days after it is exercising any rights or remedies under this submitted, paragraph OWNER shall not be required to obtain the TRACTOR any sum fiRally deteFrnined te be due, then lowest price for the Work performed. CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER C. Where CONTRACTOR's services have been or ENGINEER do not remedy such suspension or so terminated by OWNER, the termination will not failure within that time, terminate the Contract and affect any rights or remedies of OWNER against recover from OWNER payment on the same terms as CONTRACTOR then existing or which may thereafter provided in paragraph 15.03. In lieu of terminating the accrue. Any retention or payment of moneys due Contract and without prejudice to any other right or CONTRACTOR by OWNER will not release CON- remedy, if ENGINEER has failed to act on an TRACTOR from liability. Application for Payment within 30 days after it is submitted, er OWNER has failed f9F 30 days te pay 15.03 OWNER May Terminate For Convenience , CONTRACTOR may, seven days after written notice A. Upon seven days written notice to CON- to OWNER and ENGINEER, stop the Work until TRACTOR and ENGINEER, OWNER may, without payment is made of all such amounts due cause and without .prejudice to any other right or CONTRACTOR, including interest thereon. The remedy of OWNER, elect to terminate the Contract. provisions of this paragraph 15.04 are not intended to In such case, CONTRACTOR shall be paid (without preclude CONTRACTOR from making a Claim under duplication of any items). paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or 1 for completed and acceptable Work damage directly attributable to CONTRACTOR's executed in accordance with the Contract stopping the Work as permitted by this paragraph. Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing 00700-General Conditions REV 5-10-13.doc 00700-42 F-\Public Works\ENGINEERING DIVISION PROJECTSM19-Roseland Lake Improvements\AdmimWaster Contract Documents\00700-General Conditions REV 5-10-13.doc ARTICLE 16- DISPUTE RESOLUTION 17.04 Survival of Obligations A. All representations, indemnifications, warran- 16.01 Methods and Procedures ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as A. Dispute resolution methods and procedures, if all continuing obligations indicated in the Contract any, shall be as set forth in the Supplementary Documents, will survive final payment, completion, Conditions. If no method and procedure has been set and acceptance of the Work or termination or comple- forth, and subject to the provisions of paragraphs 9 09 tion of the Agreement. and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may 17 05 Controlling Law otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. A. This Contract is to be governed by the law of the state in which the Project is located. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a memberof the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent.by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies 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. 00700-General Conditions REV 5-10-13.doc 00700-43 FAPublic Works\ENGINEERING DIVISION PROJECTS11219-Roseland Lake Improvements\Admim\Master Contract Documents500700-General Conditions REV 5-10-13.doc .-SECTION 00800 -SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC — 1.00 Defined Terms SC — 1.01 Terminology SC— 1.02 Before Starting Construction SC—2.05 Preconstruction Conference SC —2.06 Coordination of Plans, Specifications, and Special Provisions SC—3.06 Subsurface and Physical Conditions SC—4.02 Performance, Payment and Other Bonds SC — 5.01 Certificates of Insurance SC—5.03 CONTRACTOR'S Liability Insurance SC—5.04 OWNER's Liability Insurance SC—5.05 Property Insurance SC — 5.06 Waiver of Rights SC—5.07 Receipt and Application of Insurance Proceeds SC— 5.08 Acceptance of Bonds and Insurance; Option to Replace SC —5.09 Labor; Working Hours SC —6.02 Concerning Subcontractors, Suppliers:and Others SC—6.06 Permits SC—6.08 Cost of the Work SC — 11.01 Test'and Inspections SC— 13.03 OWNER May Stop the Work SC — 13.05 Correction Period SC — 13.07 Progress Payments SC — 14.02 Substantial Completion SC — 14.04 00800-i 00800-Supplementary Conditions 05-13 rev.doc 00800 iF\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc Final Payment SC— 14.07 OWNER May Suspend Work SC— 15.01 OWNER May Terminate for Cause SC — 15.02 OWNER May Stop Work or Terminate SC— 15.04 Mediation SC—16.02 Liens SC— 17.06 +++ END OF THIS SUPPLEMENTARY CONDITIONS INDEX +++ 00800-ii 00800-Supplementary Conditions 05-13 rev.doc 00800 IIF\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS 70 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 2.05.6, procedures 00800-1 00800-Supplementary Conditions 05-13 rev.doc 00800 1 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovemenWAdmim\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc for handling Shop Drawings and other submittals, and maintaining required records. Utility companies and others as appropriate.will be requested to attend to discuss and coordinate work. B. Per the FDOT Standard Specifications for Road and Bridge Construction, the Contractor will certify to the Engineer the following: 1. A listing of on-site clerical staff, supervisory personnel and their pro-rated time assigned to the contract, 2. Actual Rate for items listed in Table 4-3.2.1 (see below), 3. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, 4. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. FDOT Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick&Vacation Benefits Actual Retirement Benefits Actual 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.doc 00800 2F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmim\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc SC-4.02 Subsurface and Physical Conditions SC-4.02 Add the following new paragraphs immediately after paragraph GC-4.02.8: C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: Roseland Lake Intersection 126th St. & 79th Ave. Soil investigation by KSM Engineering and Tested Inc. June 3, 2014 D. Reports and drawings itemized in SC-4.02.0 are included with the Bidding Documents, and are shown in Appendix C. 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. 00800-3 00800-Supplementary Conditions 05-13 rev.doc 00800 3F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmim\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations C. Contractual Liability d. Independent Contractors e. Explosion f. Collapse g. Underground. 3. Business Auto Liability: Coverage shall provide minimum limits of liability of$1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Owner Autos b. Hired Autos C. Non-Owned Autos. 4. CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work. 5. Special Requirements: a. Ten (10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval. b. "Indian River County Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance. 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. Sindy L. Smith Parcel #30382100.010000000001.0 b. Robert K. & Ernestine C. Musante Parcel#3038210000900000.000.6.0 C. SC-5.05 OWNER's Liability Insurance 00800-4 00800-Supplementary Conditions 05-13 rev.doc 00800 4F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc SC-5.05 Delete paragraph GC-5.05.A in its entirety. SC-5.06 Property Insurance SC-5.06 Delete paragraphs GC-5.06.A, B, and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. SC-5.06.E Delete paragraph GC-5.06.E in its entirety and insert the following in its place: E. Additional Insureds: 1. The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's:property insurance policies: a. Indian River County, Florida b. Sindy L. Smith Parcel#30382100010000000001.0 c. Robert K. & Ernestine C. Musante Parcel#30382100009000000006.0 00800-5 00800-Supplementary Conditions 05-13 rev doc 00800 5F\Public Works\ENGINEERING DIVISION PROJECTSM19-Roseland Lake Improvements\HdmimWaster Contract Documents\00800-Supplementary Conditions 05-13 rev.doc SC-5.07 Waiver of Rights SC-5.07 Delete GC-5.07(paragraphs A, B, and C) in its entirety. SC-5.08 Receipt and Application of Insurance Proceeds SC-5.08 Delete GC-5.08 (paragraphs A and.B) in its entirety. SC-5.09 Acceptance of'Bonds,and Insurance; Option to Replace - SC-5.09 Delete GC-5.09(paragraph A)in its entirety. SC-6.02 Labor; Working Hours SC-6.02.B. Add the following paragraphs immediately after paragraph GC-6.02.B: 1. Regular working hours are defined as Monday through=Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. 2. Indian River County Holidays are: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Day and the day after Christmas. Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager. 3. The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience -of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of emergency upon specific permission of the ENGINEER. SC-6.06 Concerning:S.ubcontractor-s, 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. 00800-6 00800-Supplementary Conditions 05-13 rev.doc 00800 6F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc 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"): None Required 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-2.06.6) 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.doc 00800 7F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Hdmim\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc SC-13.05 OWNER May Stop the Work SC-13.05.A. Delete paragraph GC-13.05.A in its entirety and insert the following paragraph in its place: A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. SC-13.07 Correction Period SC-13.07 A. Delete the first sentence of paragraph GC-13.07.A in its entirety and insert the following sentence in its place A. If within one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or(ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. SC-13.07.B. Delete paragraph GC-13.07.8 in its entirety and insert the following sentence in its place B In special circumstances where a.particular item of-equipment is placed in continu- ous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. SC-14.02 Progress Payments SC-14.02.13.5. Delete paragraph GC-14.02.B.5.din 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.doc 00800 8F-\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland lake Improvements\Admim\Master Contract Documents100800-Supplementary Conditions 05-13 rev.doc SC-14.02.B.5. Add the following sentences at the end of paragraph GC-14.02.B.5- e. OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals. SC-14.02.C.1. Delete paragraph GC-14.02.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. F.S. 218.70 et. seq. SC-14.04 Substantial Completion SC-14.04A. After the third sentence in paragraph GC-14.04A of the General Conditions, delete the remainder of paragraph 14.04A in its entirety and replace with the following: "If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion. In accordance with the provisions of Florida Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not-alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project." SC-14.04B Add the following new paragraph immediately after paragraph GC 14.048: C. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees 00800-9 00800-Supplementary Conditions 05-13 rev doc 00800 9F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master 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. SCA 5.02 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: gra P 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 CANNER fails fer 30 days to pay CONTRACTOR aRY SUM finally determiRed to be due, SC-15.04 Delete the following text from the second sentence of paragraph GC-15.04.A. eF OWNER h_;;s failed f9F 30 days to pay GONTRAGTOR aRy 661M fiF;ally deteFmiRed to -be d� SC-1,6 DISPUTE RESOLUTION SC-1:6.02 Mediation SC-16 Add the following new paragraph immediately after paragraph GC-16.01. SC-16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the -breach thereof, to 00800-10 00800-Supplementary Conditions 05-13 rev.doc 00800 10F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementslAdmim\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. SC-17 Miscellaneous 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.doc 00800 11 F'\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc SECTION 00942 - Change Order Form - No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: Roseland Lake Clearing and Dredging Project No. 1219 Bid No. 2014051 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: I Date: 00942-Change Order Form REV 04-07 doc 00942-1 F-\Public Works\ENGINEERING ONISION PROJECTS\1219-Roseland Lake ImprovementslAdmim\Master Contract Documents\00942-Change Order Form REV 04-07.doc Rev.05/01 SECTION 00946 - Field Order Form Field Change No.: DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: Roseland Lake Clearing and Dredging Project No. 1219 Bid No. 2014051 Field Activity Description: Reason for Change: Recommended Disposition: Field Operations Officer/ Engineer (Signature) Date .Disposition: Contractor's Onsite Supervisor (Signature) Date Distribution: Field Operations Officer Others as Required: On-site Supervisor Project-File * *..END OF SECTION 00946-Field Order Form REV 04-07.doc F-\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmim\Master Contract Documents\00946-Field Order Form REV 04-07 doc SECTION 00948 -Work Change Directive No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR: Project: Roseland Lake Clearing.and Dredging Project No.: 1219 Bid No..2014051 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 Contractor's Records II Lump Sum II Engineer's Records II Other: ❑Other: II By Change Order: II By Change Order: Estimated increase (decrease) of this Work Estimated increase(decrease) in Contract Times. Change Directive $ Substantial Completion: days, Ready for Final Completion days. If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to .be exceeded without further time is not to be exceeded without further -authorization. authorization ACCEPTED: RECOMMENDED: APPROVED: �By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: Date: Date: * *'END OF SECTION F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\00948-Work Change Directive Rev 06-2013.doc DIVISION 1 GENE RAL°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 SUBSTITUTIO.NS 01630 SITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION 01820 F*\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\DIVISION 1 GENERAL REQUIREMENTS.doc SECTION 01009 SPECIAL PROVISIONS 1.1 GENERAL A. Visits to the construction site may be made by representatives of permitting or governing bodies. Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction. B. Furnish sufficient labor, construction-equipment and materials, and work such hours, including night shifts and overtime operations, as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule. If, in the opinion of the ENGINEER, the CONTRACTOR falls.behind the progress schedule, take such steps as may be necessary to improve progress, all without additional cost to the OWNER. The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions, SC-6.02. C. All salvageable material and equipment for which specific use, relocation or other disposal is not specifically noted, shall remain the property of the OWNER and shall be delivered to the OWNER at the following location: 4550 41St Street, at the CONTRACTOR's expense. All material and equipment not in salvageable condition, as determined by the ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CONTRACTOR's expense. D. In addition to these Specifications all work must comply with the requirements of the local governing agency, St. Johns River Water Management District, Department of Environmental Protection, Army Corps of Engineers, Indian River Farms Water Control District, and all other applicable State or Federal agencies' specifications and permits. In the event of a conflict, the more stringent specification or requirement shall govern. E. Before performing any work outside the designated limits of the work site, secure any necessary permits and authorization from the applicable owner, or verify in writing that such,has been previously obtained. Follow all requirements of any said .permits or authorization. Give the'ENGINEER and appropriate owner ten (10) days minimum notice before commencing construction operations outside the designated limits of the work site. 01009-1 01009-Special Provisions FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmimWaster Contract Documents\01009-Special Provisions.doc SECTION 01024 FORCE ACCOUNT 1.1 General CONTRACTOR shall furnish all labor, materials, equipment and incidentals necessary to perform additional work not covered on the Contract Drawings. The force Account is intended as a contingency for unforeseen work. 1.1 PAYMENT A. Lump sum amount for force account work is included in the bid schedule. The value of force account work will be determined in accordance with Article 12 of the General Conditions. + + END OF SECTION + + 01024- 1 F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmirnWaster 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\1219-Roseland Lake Improvements\Admim\Master Contract Documents\01050-Field Engineering.doc B. The CONTRACTOR shall carefully preserve all control stakes, benchmarks, reference points and property corners and will be responsible for any mistake or loss of time caused,by their unnecessary loss or disturbance. If the loss, or disturbance of the stakes or marks cause a delay in the Work, the CONTRACTOR shall have no claim for damages or extension of time. Control stakes, benchmarks, reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land Sur- veyor and Mapper, at the CONTRACTOR's expense. In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work, the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract. C. All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D. All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. + + END OF SECTION-+ + 1050-2 01050 Field Engineering F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\01050-Field Engineering.doc SECTION 01091 REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmirnWaster Contract Documents\01091-Reference Standards.doc CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/DOT Florida Department of Transportation U. L., Inc. Underwriter's Laboratories, Inc. SSPC Steel Structures Painting Council SJRWMD St. Johns River Water-Management District C. When no reference is made to a code, standard or specification, the standard specifications of ASTM, FDOT, or ANSI shall govern. D. In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards, or any other regulatory specification or standard, the more stringent requirement prevails. + + END OF SECTION ++ 01091-2 01091 Reference Standards F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmimWlaster Contract Documents\01091-Reference Standards.doc I SECTION 01,215 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 unn'ecessa'ry long-term storage at the project site prior to installation. 01215-1 01215 General Quality Control F1Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\01215 General Quality.doc 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmimWlaster 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. + + E-ND OF SECTION + + 01220-1 01220 Progress Meetings F-\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmirnWaster 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. 1.4 .DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and allreviewed 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. 01310-1 01310 Construction Schedule F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\01310-Construction Schedule.doc 01340 — Submittal of Shop Drawings 1.1 SCOPE A. Submit shop drawings, product data and samples as required by or inferred by the Drawings and Specifications. Submittals shall conform to the requirements of Article 6.17 of the General Conditions, Section 00700, and as described in this Section. 1.2 SHOP DRAWINGS A. Shop drawings are original drawings, prepared by the CONTRACTOR, a subcontractor, supplier, or distributor, which illustrate some portion of the work; showing fabrication, layout, setting, or erection details. Shop drawings are further defined in Article 6.17, Section 00700. B. Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings. 1.3 PRODUCT DATA A. Product data are manufacturer's standard schematic drawings and manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data. Product data are further defined in Article 6.17, Section 00700. B. Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project. C. Clearly mark catalog sheets, brochures, etc., to identify pertinent materials, products, or models. 1.4 SAMPLES Samples are physical examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. Samples-are further defined in Article 6.17, Section 00700. 01340-Submittal of Shop Drawings.doc 01340-1 F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsMmirn Master Contract Documents\01340-Submittal of Shop Drawings.doc 01340 —Submittal of Shop Drawings 1.5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. The CONTRACTOR's responsibilities for submittal of shop drawings, product data, and samples are set forth in paragraph 6.17 of the General Conditions and as further explained herein. B. Prior to submission, thoroughly check shop drawings, product data, and samples for completeness and for compliance with the Contract Documents, verify all dimensions and field conditions, and coordinate the shop drawings with the requirements for other related work. Also review each shop.drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the CONTRACTOR's responsibility. 1. It is CONTRACTOR'S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents. 2. Incomplete or inadequate submittals will be returned for revision without review. C. The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER's review of submittals.The CONTRACTOR shall approve the shop drawings based on his in-the-field measurements, prior to submittal to the ENGINEER for his review. D. Notify the ENGINEER, in writing at the time of.submission, of deviations in submittals from the requirements of the Contract Documents. The CONTRACTOR's responsibility,for deviations in submittals from the requirements of the Contract Documents is not-relieved by the 'ENGINEER's review of submittals, unless the ENGINEER gives written acceptance of specific deviations. E. Begin no work, which requires-submittals until return of submittals with the ENGINEER's stamp and initials or signature indicating the submittal -has been reviewed. 01340-Submittal of Shop Drawings.doc 01340-2 F,\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\01340-Submittal of Shop Drawings.doc 01340 — Submittal of Shop.Drawings 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP .DRAWINGS,-PRODUCT DATA AND SAMPLES A. Submit to: Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 B. A letter of transmittal shall accompany-each submittal. If data for more than one Section of the Specifications is submitted, a separate transmittal letter shall accompany the data submitted for each Section. C. At the beginning of each letter of transmittal, provide a reference heading indicating the following: 1. OWNER'S Name 2. Project Name 3. Contract Number 4. Transmittal Number 5. Section Number D. All submittals shall have a title block with complete identifying information satisfactory to the-.ENGINEER. The following is a sample Submittal Form that the CONTRACTOR may use: [The remainder of this page has been left blank intentionally] 01340-Submittal of Shop Drawings.doc 01340-3 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake fmprovements\Admim\Master Contract Documents\01340-Submittal of Shop Drawings.doc 01340 —Submittal of Shop Drawings CONTRACTOR SU'B'MITTALS S_UBMITTAL'NO. Contractor: Date Sent to County No. Copies Sent to County ❑ Original Submittal ❑ Re-Submittal Project Name: Roseland Lake Clearing and Dredging Project No.: 1219 ❑ 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 1,801 27th Street M. Copies-Ret'd Vero Beach, FI. 32960 'Remarks: 'Distribution of Copies: IRC Engineering Division Office File Field Office File 01340-Submittal of Shop Drawings.doc 01340-4 F'\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\01340-Submittal of Shop Drawings.doc 01340 —Submittal of Shop Drawings E. All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR. F. Assign a number to each submittal starting with No. 1 and thence numbered consecutively. Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal, the suffix "B" for the second resubmittal, etc. G. Initially submit to ENGINEER a minimum of six (6) copies of all submittals that are on 11-inch by 17-inch or smaller sheets (no less than 8 1/2-inch x 11-inch), and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11-inch by 17-inch. H. After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations: 1. Approved 2. Approved as Corrected 3. Approved as Corrected - Resubmit 4. Revise and Resubmit 5. Not Approved I. If a submittal is acceptable, it will be marked "Approved" or"Approved as p pp pp Corrected". Three (3) prints or copies of the submittal will be returned to CONTRACTOR. J. Upon return of a submittal marked Approved or Approved as Corrected", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corrections indicated. K. If.a Shop Drawing marked "Approved as Corrected" has extensive corrections or corrections affecting other drawings or Work, ENGINEER -may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings-for record purposes. Such drawings will have the notation, "Approved as Corrected - Resubmit." L. If a submittal is unacceptable, three (3) copies will be returned to CONTRACTOR with one of the following notations: 1. "Revise and Resubmit" 2. "Not Approved" 01340-Submittal of Shop Drawings.doc 01340-5 F-\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\01340-Submittal of Shop Drawings.doc -01340 —Submittal of Shop'Drawings M. Upon return of a submittal marked "Revise and Resubmit", make the corrections indicated and repeat the initial approval procedure. The "Not Approved" notation is used to indicate material or equipment that is not acceptable. Upon return of a submittal so marked, repeat the initial approval procedure utilizing acceptable material or equipment. N. Any related Work.performed or equipment installed without an "Approved" or "Approved as Corrected" Shop Drawing will be at the sole responsibility of the CONTRACTOR. O. Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to-make delivery of material or equipment after data covering such is approved. CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings. Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. P. ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this, for the Shop Drawings being revised and resubmitted, and for time required to return the approved Shop Drawings to CONTRACTOR. Q. Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals. All costs to ENGINEER involved with subsequent submittals of Shop Drawings, Samples or other items requiring approval, will'be back-charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions. If the CONTRACTOR requests a substitution for a.previously approved item, all of ENGINEER'S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + 01340-Submittal of Shop Drawings.doc 01340-6 F\Public Works\ENGINEERING DIVISION PROJECTSM19-Roseland Lake ImprovementsAdmimWlaster 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\1219-Roseland Lake Improvements\Admim\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 temporaryfacilities, 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\1219-Roseland Lake ImprovementsWdmirn Master Contract Documents\01520-Construction Facilities.doc SECTION 01541 PROTECTION OF THE WORK AND-PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by construction operations, so that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately-owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway, 'right-of-way, or public place, .provide barricades, fences, lights, warning signs, danger signals, and watchmen, and take other precautionary measures for the protection of persons or property and of the Work. Paint barricades so they are visible at night. From sunset to sunrise, furnish and maintain at least one light at each-barricade. Erect sufficient barricades to keep vehicles from being driven on or into Work under construction. Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR's responsibility for the maintenance of barricades, signs, lights, and for providing watchmen shall continue until OWNER accepts the Project. 01541-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\01541 -Protection of Property.doc 1 SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.3 TREE AND PLANT PROTECTION A. Protect existing trees, shrubs and plants on or adjacent to-the site that are shown or designated to remain in place against unnecessary cutting, breaking or skinning of trunk, branches, bark or roots. B. Do not store or park materials or equipment within the drip line. C. Install temporary fences or barricades to protect trees and plants in areas subject to traffic. D. Fires shall not be permitted under or adjacent to trees and plants. E. Within the limits of the Work, water trees and plants that are to remain, in order to maintain their health during construction operations. F. Cover all exposed roots with burlap and keep it continuously wet. Cover all exposed roots with earth as soon as possible. Protect root systems from mechanical damage and damage by erosion, flooding, run-off or noxious materials in solution. G. If branches or trunks are damaged, prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use. H. Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality. I. Coordinate Work in this Section with requirements of other sections herein. 1_4 "PROTECTION OF IRRIGATION The CONTRACTOR-shall be responsible for maintaining in good condition all irrigation systems within the easements, which could be damaged by construction activities. The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2) days. Irrigation systems partially within the right-of-way of 126"' Street and all intersecting side streets within project.limits may be cut off a-n,d capped or connected to same system to maintain functionality. The CONTRACTOR shall be responsible for maintaining the functionality of the remaining.portion of the system if-it should fall outside of the right-of-way. 01541-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\01541 -Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.5 PROTECTION OF EXISTING STRUCTURES A. Underground Structures: 1. Underground structures are defined to include, but not be limited to, all sewer, water, gas, and other piping, and manholes, chambers, electrical conduits, tunnels and other existing subsurface work located within or adja- cent to the limits of the Work. 2. All underground structures known to ENGINEER except service connections for water, sewer, electric, and telephone are shown. This information is shown for the assistance of CONTRACTOR in accordance with the best information available, but is not guaranteed to be correct or complete. The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3. Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24-hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 01541-3 FAPublicWorks\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\01541 -Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY j I 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\1219-Roseland Lake ImprovementsWdmirnWaster 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmirnWaster 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\01550- Access Roads.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1.1 GENERAL A. Make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the Work. -B. Shipments of materials to CONTRACTOR or Subcontractors shall-be delivered to the site only during regular working hours. Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not be delivered to OWNER except where otherwise directed. C. If necessary to move stored materials and equipment during construction, CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation. 1.2 DELIVERY A. Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation. B. Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following: 1. Work of other contractors, or OWNER. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. OWNER'S use of premises. C. Do not have products delivered to project site until related Shop Drawings-have been approved .by the ENGINEER. .D. Do not have products delivered to site until required storage facilities have-been provided. E. Have.products delivered to site in manufacturer's original, unopened, labeled containers. Keep ENGINEER informed of delivery of all equipment to be incorporated.in the Work. 01610-1 F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\01610- Transportation and Handling of Materials and Equipment.doc .'SECTION 01,610 TRANSPORTATION AICD,HANDLING OF'MATERIALS AND EQUIPMENT F. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts, and to facilitate assembly. G. Immediately on delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quantities are correct. 3. Containers and packages,are intact, labels are legible. 4. Products are properly protected and undamaged. 1.3 PRODUCT HANDLING A. Provide equipment and personnel necessary to handle products, including those provided by OWNER, by methods to prevent soiling or damage to products or packaging. B. Provide additional protection during-handling as necessary to-prevent scraping, marring or otherwise damaging products or surrounding surfaces. C. Handle products�byrmethods 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\1219-Roseland Lake Improvements\Admim\Nlaster Contract Documents\01610- Transportation an&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\1219-Roseland Lake Improvements\Admim\MasterContract Documents\01611 - Storage of Materials.doc SECTION 01,630 SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and Or-Equals," of-the General Conditions, and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents. 1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select product meeting that standard by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. B. For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equivalent," submit a request for a substitution for any product or manufacturer which is not specifically named. D. For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted, there is no option and no substitution will be allowed. E. Where more than one choice is available as a CONTRACTOR's option, select product which is compatible with other products already selected or specified. 1.3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time, ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers, and construction methods (if specified). 1. After end of specified period, requests will_be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR. B. Submit 5 copies of Request for Substitution. Submit a separate request for each substitution. In addition to requirements set forth in Article 6.05 of General Conditions, include in the request the following: 1. For products or manufacturers: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, -performance and test data, and reference standards. 01630-1 01630 Substitutions F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmimWlasterContract Documents\01630- Substitutions.doc 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\1219-Roseland Lake Improvements\AdmirnWasterContract Documents\01630- Substitutions.doc 4. If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5. Engineer may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR's expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. I. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install, or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. Owner may require CONTRACTOR to furnish at CONTRACTOR's expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is sued, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. J. Substitute materials or equipment may be proposed for acceptance in accordance with this Section. In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base-his bid on the named materials or equipment. + + END OF SECTION + + 01630-3 01630 Substitutions F-Tublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Nlaster Contract Documents\01630- Substitutions.doc SECTION 01710 SITE CLEANUP AND RESTORATION 1.1 SCOPE Furnish all labor, equipment, appliances, and materials required or necessary to clean up and restore the site after the construction is completed. 1.2 REQUIREMENTS A. During the progress of the project, keep the work and the adjacent areas affected thereby in a neat and orderly condition. Remove all rubbish, surplus materials, and unused construction equipment. Repair all damage so that the public and property owners will be inconvenienced as little as possible. B. Provide onsite containers for the collection of waste materials, debris, and rubbish and empty such containers in a legal manner when they become full. C. Where material or debris has been deposited in watercourses, ditches, gutters, drains, or catch-basins as a result of the CONTRACTOR's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the ditches, channels, drains, etc., shall be kept clean and open at all times. D. Before the completion of the project, unless otherwise especially directed or permitted in writing: 1. Tear down and remove all temporary buildings and structures; 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbishfrom any grounds occupied; and 4. Leave the roads, all parts of the premises, and adjacent property affected by construction operations, in a neat and satisfactory condition. E. Restore or replace any public or private property damaged by construction work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of the operations. To this end, the CONTRACTOR shall restore all highway, roadside, and landscaping work within any right-of-way, platted or prescriptive. Acceptable materials, equipment, and methods shall be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new- appearing condition. 01710 Site Cleanup 01710-1 F-\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmimWaster 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\1219-Roseland Lake Improvements\AdmimWaster 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.doc 001820-1 F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\001820-Post Final Inspection rev 05-13 doe -DIVISION 2 TECH NICALPROVISIONS SECTION NO. 001 Technical Specifications SECTION NO. 004 Scope of Work SECTION NO. 101 Mobilization SECTION NO. 102 Maintenance of Traffic SECTION NO. 104 Prevention, Control, and Abatement of Erosion and Water Pollution SECTION NO. 108 Record Drawings/As-Built Drawings SECTION NO. 110 Clearing and Grubbing SECTION NO. 120 Excavation and Embankment I SECTION NO. 430 Pipe Culverts SECTION NO. 570 Performance Turf F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08.doc i 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, 2014, and Supplemental Specification, Special Provisions and addenda thereto, except as modified and supplemented hereinafter. Reference to Article numbers herein-after apply to the FDOT Standard Specifications, and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative. Wherever the Specifications, Supplementals, etc. may refer to the "Owner", "Department", "State of Florida Department of Transportation", or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida. Wherever the word "Owner's Engineer", ".District Engineer", "Engineer", "Project Engineer", etc., appears, it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department, Engineering Division acting directly or through duly authorized representatives. Wherever the word "Resident Engineer" appears, it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work. The work to be performed per sheet Bid item 1643-700 and all other utility work shall conform to the applicable technical specifications of Indian River County Department of Utility Services, Water, Wastewater, Utility Standards Dated March, 2014. The work to be performed per line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings, Signing & Geometrics Dated July, 2011. SECTION —4 - SCOPE OF WORK Section 4-3.9 Value.Engineering Incentive is deleted in its entirety. SECTION - 101 -,MO:BI,LIZATION The work specified in this section shall conform to Section 101 of the Florida.Department of Transportation Standard Specifications for Road and Bridge Construction. (2014 Edition) Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 101-1 - Mobilization - Lump Sum 01025-1 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmim\Master Contract Documents\Technical Specifications.doc SECTION - 102 -`MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2014 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 Contractorshall present his Maintenance of Traffic Plan at the pre-construction conference. The Maintenance of Traffic Plan shall indicate the type and location of all signs, lights, barricades, striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen. The plan will indicate conditions and setups for each phase of the Contractor's activities. When the project plans include or specify a specific Maintenance of Traffic Plan, alternate proposals will be considered when they are found to be equal to or better than the plan specified. In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic. The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections-at nighttime, of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design Construction, 'Maintenance and Utility Operations On The State Highway System, 01025-2 Technical Specifications FAPublic Works\ENGINEER]NG DIVISION PROJECTS\1219-Roseland Lake ImprovementsMmirn Master Contract Documents\Technical Specifications.doc 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 ofthis article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F. Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 126th Street at all times. Item of Payment Payment for the work specified in this item shall be made under: Bid'Item'No. 102-1 - Maintenance of Traffic - Lump Sum 01025-3 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmirn Master Contract Documents\Technical Specifications.doc SECTION — 104 — PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION PART 1 — GENERAL 1.1 SCOPE A. This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area. The pollution control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area, to undeveloped portions of the site or off-site. B. The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense. The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area. C. The pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project's construction. The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures, when in the sole opinion of the OWNER, they are warranted. If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution, beyond those specified in the Drawings or herein, implement additional best management practices as necessary, in accordance with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual, and other references as may be required by regulatory permits. (http://www.dep.state.fl.us./water/nonpoint/docs/erosion/erosion-inspectors- manual.pdf) D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section. Alternatively, the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section. If the OWNER halts the CONTRACTOR's work as a result of its failure to comply with this Section, the Construction Contract time clock will continue to run. E. In addition to these Specifications, comply with Chapter4-"Best Management Practices for Erosion and Sedimentation Control" and Chapter 5 —"Best Management Practices for.Dewatering"of the Florida Erosion.and Sediment Control Inspector's Manual. In the event of a conflict between the referenced Chapters and these Specifications, the more stringent requirement shall prevail. 1.2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR A. The OWNER has obtained certain permits for this project and they are listed in paragraph SC-6.08 of the Supplementary Conditions. Per paragraph SC-6.08.A.2 of the Supplementary Conditions, the CONTRACTOR shall apply for, obtain, and pay for all other required permits, licenses, sampling, and tests. Permits the 01025-4 Technical Specifications F1Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\Technical Specifications.doc CONTRACTOR may need to secure may include but not be limited to: 1. Long-term and/or short-term dewatering permit as required by the St. Johns River Water Management District(SJRWMD). Generally, only the short-term permit is required. Contact SJRWMD at(321) 984-4940 to determine which permit is required and the associated statutory requirements; 2. SJRWMD RDS-50 Permit (required); 3. The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (required). Contact the Florida Department of Environmental Protection (FDEP) at (866) 336-6312 (toll free) or (850) 245-7522 or www.dep.state.fl.us/water/stormwater/npdes/ 4. FDEP's Uncontaminated Groundwater Release Permit (required if dewatering occurs). This permit requires water quality testing by a State certified laboratory. B. Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER. If there is a conflict between any permit requirement and these Specifications, the more stringent specification or requirement shall govern. C. In addition to paying for all permit fees, CONTRACTOR shall also pay for all water quality sampling and laboratory tests required by any permit. 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and permits and approved for use by the OWNER and applicable permitting authorities. B. From time to time, the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER. If at any time, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of the project down that is not in compliance, and it shall remain shut-down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and treatment system plans and specifications. C. Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of-the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. In addition to other temporary erosion control measures that may be implemented, application of polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased, unless final landscaping has been installed. Polyacrylamide application shall be as specified herein. 01025-5 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\Technical Specifications.doc D. Inspect each pollution control system at least once per day and after each rainfall event. Clean and maintain each pollution control system as required by its manufacturer or the OWNER, until the system is no longer needed. If a water quality violation occurs, immediately cease all work contributing to the water quality violation and correct the problem. E. Discharge shall not violate State or local water quality standards in the receiving waters, nor cause injury to the public health or to public or private property, nor to the Work completed or in progress. The receiving point for water from construction operations shall be approved by the applicable owner, regulatory agency, and the ENGINEER. F. Promptly repair all damage at no cost to the OWNER. 1.4 SUBMITTALS A. Shop Drawings: Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340. B. Stormwater Pollution Prevention Plan. 1.5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS REQUIRED FOR INSTALLATION, ANDMAINTENANCE A. State Certified Erosion Control Specialty Subcontractor is Required for Installation and Maintenance: Installation and maintenance of all erosion and stormwater pollution control devices, shall be by a State Certified erosion control subcontractor who specializes in the installation and maintenance of such devices. After installation, this specialty subcontractor shall maintain the erosion and stormwater pollution control devices until in the ENGINEER's sole opinion, the devices are no longer necessary (such time not to extend past the date the OWNER formally accepts the project as complete). Before beginning construction, submit to Indian River County for review and approval, a Stormwater Pollution Prevention Plan (SWPPP), prepared by the certified erosion control subcontractor. Construction shall not begin until the SWPPP has been approved by Indian River County. Submit the approved SWPPP to the ENGINEER .before beginning construction. Include in the SWPPP, the "Contractor's Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From the Construction Site" (located at the end of this Section). 1.6 "POLLUTION" AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. With respect to this Section and as may be further defined in paragraphs 1.6.13, 1.6.C, and 1.6.D, "pollution" is the presence in off-site waters of any substances, contaminants, or manmade or human-induced impairment of off-site waters or alteration of the chemical, physical, biological, or radiological integrity of off-site 01025-6 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\Technical Specifications.doc water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property. Pollutants to be removed include but are not limited to, sediment and suspended solids, solid and sanitary wastes, phosphorus, nitrogen, pesticides, oil and grease, concrete truck washout, stucco mixer washout, curb machine washout, washout from other construction equipment, construction chemicals, and construction debris. B. When the Discharge is Directly Into an Existing Water Body, Pollution Occurs When An existing water body (including ditches and canals) is defined to be.polluted by the CONTRACTOR's operations when at any time, the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is at least 29 nephelometric turbidity units (NTUs) higher than the turbidity of the background water upstream of the discharge point(s). [See Fla. Administrative Code 62- 302.530] Exception: When the discharge is directly into or through an outfall discharging into "Outstanding Florida Waters," designated by Florida Statute 403.061(27), the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water. The ENGINEER or OWNER shall determine the locations where the turbidity is measured. C. When the Discharge is not Directly Into an Existing Water Body, Pollution Occurs When . . . In some instances, dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such as after traveling through pipes or by overland'flow. Before construction commences, the Contractor will measure background levels of total suspended solids (TSS) and turbidity, in the immediate vicinity of the discharge water's ultimate discharge point into the receiving water body. If the discharge water's TSS and turbidity measurements exceed these pre-construction background values by 20 percent for TSS and 29 NTUs for turbidity, then the discharge from the CONTRACTOR's operations is defined to be polluted. D. Pollution Always Occurs When . . . The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6.5 or greater than 8.5, or whenever any of the following is present in the discharge water: (1) Hazardous waste or hazardous materials in any quantity, (2) Any petroleum product or by=product in any quantity, (3) Any chemical in any quantity, or (4) Concentrated pollutants. E. Above paragraphs 1.6.B, 1.6.C, and 1.6.1) do not in any way, limit the types of conditions in which pollution may be determined to occur. 1.7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A. In addition to the OWNER's specific remedies, if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site, the OWNER will immediately report the violations to the Indian River County Code Enforcement 01025-7 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\Technical Specifications.doc Board, SJRWMD, FDEP, Indian River Farms Water Control District (or other F. S. Chapter 298 Drainage District, as appropriate), and other pertinent regulatory or enforcement agencies. PART 2 - MATERIALS AND INSTALLATION 2.1 GENERAL A. Polyacrylamide: As required in Paragraph 1.3.C, place polyacrylamide (PAM) on bare ground to reduce the potential for erosion. PAM may also be used in water bodies to remove turbidity. Use the anionic form of polyacrylamide that does not stick to fish gills. For PAM information and its proper application, contact Applied Polymer Systems, Inc., (678) 494-5998, www.siltstop.com. B. Staked Silt Fences: 1. General: Use silt fences to control runoff from the construction site where the soil has been disturbed. 2. Installation: Install per the manufacture's recommendations and as specified herein. In general, install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric. All supporting posts shall be on the down-slope side of the fencing. Place the bottom of the fabric 6-inches minimum, under compacted soil to prevent the flow of sediment underneath the fence. Place silt,fences away from the toe of slopes. Otherwise, install in accordance with FDOT Index No. 102. 3. Product: All material shall be new and unused. Use FDOT Types 11 through IV silt-fences where large sediment loads are anticipated, where slopes are 1:2 (vertical: horizontal) or steeper, or as directed by the ENGINEER; otherwise use FDOT Type III silt fence. (a) For FDOT Type III Silt Fence - ACF Environmental, Catalog No. 360800000, .Florida DOT Silt Fence. U.S. Sieve = 30, tensile strength = 120 pounds. The heavy-duty filter fabric shall be pre-attached to 48-inch long stakes on 6-foot centers. (1-800-448-3636). (b) For FDOT Type IV Silt Fence, modify the above Catalog No. 360800000 to comply with FDOT Index No. 102. (c) Or equivalent. C. -_Turbidity Barriers: 1. General: Use turbidity barriers to control sediment contamination of rivers, lakes, ponds, canals, etc. 2. Installation: Install per the manufacturer's recommendations and per-FDOT ` Index No. 103 unless directed otherwise by the ENGINEER. 3. Product: All material shall'be new and unused. The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow. a. Parker Systems, Inc.(1-866-472-7537),model Type II or Type I b. Or equivalent. D. Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags: 1. Remove silt, sediment, and other particles from dewatering or pumping 01025-8 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmimWlaster Contract Documents\Technical Specifications.doc applications using a filter bag. The bag shall be manufactured using a polypropylene non-woven geotextile and sewn by a double-needle machine, using a high strength nylon thread. The bag shall have a fill spout large enough to accommodate a 4-inch pump discharge hose. Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many filter bags as required, at no additional cost to the OWNER. Legally dispose of the bags offsite, at no cost to the OWNER. If the bags are placed on aggregate to facilitate filtration efficiency, do not use limerock aggregate. 3. Product: The filter bag shall be supplied with lifting straps. a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental, Inc. (1-800-448-3636). b. "DANDY DEWATERING BAG" supplied by Dandy Products, Inc. (1-800-591-2284). C. Or equivalent. E. Curb Inlet Protection: 1. Filter stormwater before it enters curb inlets. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. The length of the curb inlet filtration device shall be at least 2-feet longer than the curb inlet opening. a. "GUTTERBUDDY,"supplied by ACF Environmental, Inc. (1-800-448- 3636). b. Or equivalent. F. Catch Basin Protection: 1. Filter stormwater before it enters catch basins (drop inlets). The filter"sack" shall be manufactured from woven polypropylene geotextile and sewn by a double-needle machine, using a high strength nylon thread. The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features: two dump straps attached at the bottom to facilitate emptying; lifting loops as an integral part of the system to be used to lift the sack from the basin; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls. The colored restraint chord shall also serve as a visual means of indicating when the sack should.be emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many ofthe specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. a. "SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1- 800-448-3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579- 8819). C. Or equivalent. 01025-9 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\Technical Specification s.doc G. Construction Site Egress Driveways: Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels. Construct a crushed rock driving surface at the vehicle exit point(s). Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area. Provide wash-down stations as required to wash vehicle tires and retain all washwater on-site. Do not use limerock. H. Rock and Stone for Erosion Control and Pollution Control and Treatment: 1. Crushed Limerock: Crushed limerock shall not be used under any circumstance. 2. Acceptable Material: FDOT#4 non-calcareous aggregate (usually granite), washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction, Section 901. I. Hay Bales: Hay bales shall not be used. PART 3 - EXECUTION A. Design, construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities. B. Apply polyacrylamide only as directed by thepolyacrylamide manufacturer/supplier. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 104-1 — Erosion & Water Pollution Control - Lump Sum [The remainder of this page was left blank intentionally] 01025-10 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmimWaster Contract Documents\Technical Specifications.doc CONTRACTOR'S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to Indian River County Project No. 1219 for Roseland Lake Clearing and Dredging STATE OF COUNTY OF Personally before me the undersigned authority, appeared who upon oath duly administered, stated as-follows: 1. This sworn statement is submitted by the CONTRACTOR whose business address is and (if applicable) its Federal Identification No.(FEIN) is 2. My name is and my relationship to the entity named above is (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) 3. 1 understand and agrees that in addition to complying with the terms and conditions of the Stormwater Management System Permit issued by Indian River County, Contractor is responsible for complying with the terms and conditions of the following as applicable to the site: (a) State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger), (b) Stormwater Pollution Prevention Plan (regardless of project size), (c) St. Johns River Water Management District.permit(s) (regardless of project size), (d) Florida Department of Environmental Protection permit(s) (regardless of project size), (e) All other permits required for this project not specifically listed herein, and (f) All Codes and Ordinances of Indian River County. 4. 1 understand and agrees that"pollution"as defined by Florida Statutes Chapter 403.031(7) includes: ". . . the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human-induced impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere 01025-11 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\Technical Specifications.doc with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law." 5. 1 understand and agrees that in addition to the definition set forth in Item 4 above, "pollution" is also defined by Florida Administrative Code 62-302.530 and as may be further defined in the Indian River County permit(s). 6. 1 understand that Indian River County requires the design, installation, and maintenance of proper erosion control measures at all times during construction until complete stabilization is achieved at the project site. Contractor understands that this requirement is for this project regardless of the project size. 7. 1 understand that there are civil and criminal penalties for pollution listed in Florida Statutes Ch. 403.141 and Ch. 403.161 and that there are other penalties listed in Indian River County's permits, including but not limited to, Indian River County issuing a Cease and Desist Order for the project. Contractor understands that it may be liable for these and other penalties if offsite pollution occurs as a result of activities associated with the Project. 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one (21) days of any transfer of ownership or control of the real property at which the permitted activity, facility, or system is located or authorized, the Contractor shall notify in writing, both the Indian River County Engineering Division and the Indian River County Stormwater Division of the transfer. Contractor shall provide the name, mailing address, and telephone number of the transferee and a copy of the instrument effectuating the transfer. Said notification is in addition to notifying the County Attorney's Office as required by County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Contractor must provide (1) the information required in Item 8(a); (2) a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit; and (3) a new "Contractor's Affidavit" form properly executed by the transferee. Upon proper receipt of these items the County shall transfer the permit to the transferee. (c) Contractor is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility, system, or activity is located or authorized. However, the transfer shall not be effective prior to the sale or legal transfer. (d) An "Illicit Discharge Sign" must be present at the site at the time of transfer. Replacement or additional signs may be obtained from the Indian River County Public Works Department at a cost of$30.00 per sign. 01025-12 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmim\Master Contract Documents\Technical Specifications.doc Under penalty of perjury, Contractor declares that it has read the foregoing affidavit and the facts stated in it are true. FURTHER AFFIANT SAYETH NAUGHT Contractor: Authorized Signature: (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) Printed Name: Date: The foregoing instrument was subscribed and sworn to before me this day of , 20_ by , who is personally known to me or has produced as identification and who did take oath. Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + 01025-13 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract l Documents\Technical Specifications.doc SECTION - 1.08 — RECORD /AS-BUILT DRAWINGS GENERAL Maintain, prepare and provide the ENGINEER with record documents as specified below, except where otherwise specified or modified within the scope of work provided in the specific project contract documents. The Contractor and/or Developer shall be responsible for, and required to provide, Record Drawings as outlined in this section. 'MAINTENANCE OF RECORD DOCUMENTS: 1. Maintain in CONTRACTOR's field office in clean, dry, legible condition complete sets of the following project documents: Drawings, Specifications, Addenda, approved Shop Drawings, samples, photographs, Change Orders, other modifications of Contract Documents, test records, survey data, Field Orders, and all other documents pertinent to CONTRACTOR'S Work. 2. Provide files and racks for proper storage and easy access. 3. Make documents available at all times for inspection by ENGINEER and OWNER. 4. Do not use record documents for any other purpose and do not remove them from the field office. 5. Label each document "RECORD DRAWING" in 2-inch high printed letters. 6. Keep record documents current at all times. 7. No work shall be permanently concealed until the required record data has been obtained. RECORD /AS-BUILT DRAWINGS A. During the construction operation, the CONTRACTOR shall maintain records of all deviations from the approved Project Plans and Specifications and shall prepare therefrom "RECORD" drawings showing correctly and accurately all changes and deviations from the work made during construction to reflect the work as it was actually constructed. B. The Record/As-Built survey shall be performed and subsequent plans prepared by a Professional Surveyor and -Mapper, registered in the state of Florida and certified to the standards set forth in Chapter 472, Florida Statutes and Chapter 5J-17.050 Florida Administrative Code (Florida Minimum Technical Standards). C. Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. Clearly shown by symbols, 'notations, or delineations, those constructed improvements located by the survey. D. All vertical information (elevations) provided on the Record Drawings shall be referenced to the North American Vertical Datum of 1988 (NAVD 88) unless otherwise specified by the Project Engineer. 01025-14 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\Technical Specifications.doc E. The horizontal information provided on the Record Drawings shall be referenced to the State of Florida, State Plane Coordinate System, Florida East Zone as established by Global Positioning System (GPS) which meets or exceeds Third Order Class I Accuracy Standards according to current publication of the Federal Geodetic Control Committee (FGCC) procedures. F. All Record/As-Built drawings shall be prepared in digital format (ACAD Ver.2009) and shall utilize the digital design drawings as prepared by the Project Engineer as a base for the Record/As-Built drawings. It is the responsibility of the Surveyor to request these files from the Contractor or Project Owner in order to produce the Record/As-Built drawing set. G. ALL improvements proposed to be constructed as shown on the approved construction plans shall be field measured upon completion and shown on the Record/As-Built survey. Any improvements that appear in both plan and profile views shall show the Record/As-Built information in both views. H. The following items are required to be shown on all Indian River County project Record/As-Built drawings submitted to the County: DRAINAGE: 1. Right-of-way Swale/Drainage — All culvert inverts, elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 2. Pipe Culvert/PVC Sleeves —All inverts, pipe size, stations and offsets. 3. Outfalls — All pipe inverts, pipe size, elevations and station_ offsets, weir box elevations, weir elevation, bleeder elevation and sizes. 4. Roadway/Off Site Drainage — All inverts, elevations and station offsets; manhole top elevation; grate top elevations. 5. Retention Ponds — Provide perimeter elevations, grade breaks, depths and calculated pond areas at control elevation and grade breaks above and below water surface. Show as-built of typical cross section as shown on design plan. ROADWAY: 1. Stations and offsets related to controlling baseline and elevations of all structures, side street and major driveway radius returns (edge of pavement), bends and/or change in direction of roadway alignment, minimum of 1000' intervals along roadway alignment. 2. Elevations along Profile Grade Line (PGL), of all edge of pavements on each side of Profile Grade Line (PGL), at medians at the high/low and PVI points along Profile Grade Line (PGL). 3. All final Elevations to be plotted on PGL AND Plan & Profile sheets as applicable. 4. Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets. 01025-15 Technical Specifications P\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Hdmim\Master Contract Documents\Technical Specifications.doc WATER, FORCE, AND RECLAIMED WATER MAINS: 1. Show size and type of material used to construct mains. 2. Show horizontal location and elevation of all tees, crosses, bends, terminal ends, valves, fire hydrants, air release valves, and sampling points, etc., by distances from known reference points. 3. Show location, size and.type of material of all sleeves and casing pipes. 4. Elevation and horizontal location of all storm sewers, gravity sewers including laterals, force mains, water mains, etc. which are crossed; including clearance dimension.at all conflicts or crossings. 5. Top of pipe elevation and horizontal location of all water and force main stub- outs. 6. Horizontal location of all services at the property lines. 7. Horizontal and vertical location of pipe including size of all mains and ground elevation shall be obtained at one-hundred (100) foot intervals. Contractor shall place temporary PVC stand pipes (tell-tales) at each of the one- hundred (100) foot intervals and at all fittings and conflicts/crossings to facilitate the record drawing survey. The tell-tale pipes shall be constructed of 2-inch PVC pipe, shall be placed on the top of the pipes to be surveyed, and shall be removed by the Contractor after completion of the field survey by the "As-Built" Professional Surveyor. 8. Location of fire lines. 9. Dedicated easement locations, identified by O.R. Book and Page Number. GRAVITY SEWER: 1. Manholes: Elevation of top rim, bottom elevation and invert of each influent and effluent line. 2. Show distance between manholes center-to-center and horizontal location by baseline station and offset. 3. Show material size and type used to construct sewer mains. 4. Show length (center of manhole to end of stub) distances from known reference points or baseline offsets, and elevation of stub-outs. 5. Show which services have twenty (20) foot length of DIP at water main crossings. 6. Show station and offset location of sanitary services' at property line. Particular care in dimensioning needed in special situations, i.e., cul-de-sacs and locations where services are not perpendicular to wye. 7. Show invert elevation of sanitary service at property line. 8. Any and all necessary dedicated easement locations, identified°by O.R. Book and Page Number. 'PUMP PLIFT 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 numbers)of the pump(s). 01025-16 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\Technical Specifications.doc 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 decontrolling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State plane coordinates and elevations for all control points. 3. If shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s),vertical control (bench marks), property corners destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s)shall be notified in writing of disturbance and re-establishments. RECORD/AS-BUILTS DRAWINGS FORMAT - SUBMITTAL A. ENGINEER will supply the CONTRACTOR with the electronic file of the ` approved construction plans for the input of the As-Built (record) information- B. CONTRACTOR shall deliver seven (7) certified sets of Record/As-Builts with Electronic Drawing files prepared in AutoCAD 2009 AND PDF format or in current version as agreed by the ENGINEER. C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record drawing(s). Said drawing(s) shall clearly state type of survey, positional tolerances adhere and be certified to�b registered Professional y a g Surveyor and Mapper in the state of Florida, any standards set forth by Florida Statutes, Administrative code and Minimum Technical Standards for As,Built/Record surveys. D. All Record/As-Built drawings are subject to review and approval by County Surveyor. 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. 01025-17 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\Technical Specification s.doc .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. AERIAL PHOTOGRAPH The CONTRACTOR shall provide aerial photographs of the project every 30 days during construction. The photographs shall be done in a manner to show the construction progress for the entire length of the project. The photographs can be angled and not prepared to a particular scale, however, must be detailed enough to identify the work in detail. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 108-1 — Record Drawings/As-Builts - Lump Sum 01025-18 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\Technical Specifications.doc Board of Professional Surveyors and Mappers Record As-Built Survey Checklist Lic. Name Date: Project Name: Roseland Lake Clearing and Dredging Project No.: 1219 Chapter 61G17-6 Minimum Technical Standards F.A.C. 61G17-6.003 General Survey, Map, and Report Content Requirements ❑ (1) REGULATORY OBJECTIVE: The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective, surveyors and mappers must achieve the following minimum standards of accuracy, completeness, and quality: ❑ (a) Accuracy of survey measurements based on the type of survey and expected use. ❑ (b) Measurements made in accordance with the United States standard, feet or meters. ❑ (c) Records of measurements maintained for each survey (check field notes.) ❑ (d) Measurement and computation records dated. ❑ (e) Measurement and computation-records substantiate the survey map. ❑ (f) Measurement and computation records support accuracy statement (closure calculations or redundant measurements, if applicable.) (2) Other More Stringent Requirements: ❑ (a) Met more stringent requirements set by federal, state, or local governmental agencies. (3) Other Standards and/or Requirements that Apply to All Surveys, Maps, and/or Survey Products: ❑ (a) REGULATORY OBJECTIVE: In order to avoid misuse of a survey and map, the surveyor and mapper must adequately communicate the survey results to the public through a .map, report, or report with an attached map. (b) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective, surveyors and mappers must meet the following minimum standards of accuracy, completeness, and quality: ❑ (c) Type survey stated on map and report: As-Built'Survey Hydrographic Survey Boundary Survey Mean High Water Line Survey Condominium Survey Quantity Survey Construction Layout Survey Record Survey Control Survey Specific or Special Purpose 01025-19 Technical Specifications F•\Public Works\ENG[NEER ING DIVISION PROJECTS\1219-Roseland Lake ImprovementsWdmim\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: ❑ (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. 01025-20 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsMmirn Master Contract Documents\Technical Specifications.doc ❑ (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. ❑ (c) All maps prepared shall meet applicable minimum technical standards. ❑ (d) Vertical and horizontal accuracy of the measurements,made shall be such that it may be determined whether the improvements were constructed consistent with planned locations. (END OF SECTION) 01025-21 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\Technical Specifications.doc SECTION - 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. (2014) 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) 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 01025-22 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract Documents\Technical Specifications.doc and stored in the County's Storage Yard if they are deemed y salvageable b the g Engineer. The excavated materials shall be removed from the fob 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 additionala ment will be made nor will additional work or chane orders be p Y 9 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. 110-1-1 - Clearing and Grubbing - Lump Sum SECTION s 120 - EXCAVATION AND EMBANKMENT A. Embankment quantities shall be considered as in-place material with no shrinkage or expansion factors. B. 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 maybe 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. 01025-23 Technical Specifications P\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admirn Master Contract - Documents\Technical Specifications.doc No A-8 material permitted in embankment. C. Payment shall be made under: Bid Item No. 120-5 — Lake Excavation — Per Cubic Yard Bid Item No. 120-6 - Embankment (Compacted in Place) - Per Cubic Yard 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 (2014). Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 430-174-108 — Pipe Culvert (8") HDPE — Per Linear Foot Bid Item No. 430-174-112 — Pipe Culvert (12") ACMP — Per Linear Foot Bid Item No. 430-174-115 — Pipe Culvert (18") ACMP — Per Linear Foot 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 (2014). A. Description: Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer. This work shall also include mowing, 'to be mowed at maximum 6" height with a mulching mower. B. Work Included: Scope of'Work: The work specified in this section consists of the establishing of a stand of grass, within the project, right-of-way, easements, and other areas indicated on the Drawings, by furnishing and placing grass sod. Also included are fertilizing, watering and maintenance as required to assure a healthy stand of grass. Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed". C. Guarantee: All sodded areas shall be guaranteed for one year after date of final acceptance. - Replacement of Defective Sod: Any dead sod or sod showing (less than 95% of a square) indication of probable nonsurvival 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 forthree 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. 01025-24 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\Technical Specifications.doc 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. I) 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 contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6 inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1Y2" below paved shoulder. On slopes greater than 3:1, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. Sodding shall not be performed when weather and soil conditions are, in the Engineer's opinion, unsuitable for proper results. Sod shall be placed around all structures, equipment pads, etc. I. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). J. Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment 01025-25 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\AdmirnWaster Contract Documents\Technical Specifications.doc 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. 570-1-1 — Performance Turf (Sod) (Bahia) - Per Square Yard Bid Item No. 570-1-2 — Performance Turf (Sod) (St. Augustine) - Per Square Yard + + END OF SECTION + + 01025-26 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\Technical Specifications.doc AP1P{ENrDsIX 'Al GEOTECHNICAL REPORT By 'KSM :E-NGI'NE:ERI`NG AND TESTING, INC. Appendix A-Geotechnical Report F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\APPENDIX A-Geotechnical Report.doc � i KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. MARTIN (772)337-7755 P.O. BOAC 78-1377 SEBASTIAN, FL 32978-1377 SEBASTIAN (772) 589-0712 PALM BEACH (561)845-7445 www.ksmengineering.net MELBOURNE(321) 768-8488 FAX(561)845-8876 E-Mail: KSM@KSMENGINEERING.NET ST. LUCIE(772)229-9093 C.A.:5693 FAX(772)589-6469 June 3, 2014 Etienne Bourgeois Indian River County Engineering Division 1801 27th Street Vero Beach, Florida 32960 Re: RoselandiLake Intersection 126th St & 79th Ave. Indian River County, Florida KSM Project#: 140975-b Dear Mr. Bourgeois: As requested, KSM Engineering & Testing, Inc. has performed an investigation at the referenced site. Presentation of the data gathered during the investigation, together with our geotechnical related opinions, are included in this report. A. Site Description: The site is an existing pond with naturally vegetation. There is a shallow area in the center of the pond with cattails. B. Project Description: It is our understanding that the shallow cattail area will be removed and the bottom of the existing pond will be cleaned out. C. The scope of our study consisted of the following: 1. Performed two (2) hand auger borings to a depth of 4 feet. 2. Performed two (2) Standard Penetration Test (SPT) soil borings, each to a depth of 8 feet. 3. Performed four (4) grain size analyses. 4. Performed Twelve (12) sediment probes. Ronald G. Keller,P.E.:37293/SI Lic. No.:860 / Julie E. Keller, P.E.:68366 IV 401L 9 AVL KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. MARTIN(772)337-7755 P.O. BOX 78-13577, SEBASTIAN FL 32978-1377 SEBASTIAN(772)589-0712 PALM BEACH (561)845-7445 www.ksmengineering.net MELBOURNE(321)768-8488 FAX(561)845-8876 E-Mail: KSM@KSMENGINEERING.NET ST.LUCIE(772)229-9093 C.A.: 5693 FAX(772)589-6469 Roseland Lake -2- June 3, 2014 Intersection 126th St & 79th Ave. Indian River County, Florida D. Engineering Evaluation and Conclusions: Based on the information obtained from this site investigation we are pleased to offer the following evaluation: We performed two (2) SPT soil borings adjacent to the pond. The results varied. B-1 consisted mostly of fine-grained which is loose in density. B-2 consisted of a layer of unsuitable silt material to a depth of 4' below grade, between 4' to 8' below grade, the soils consisted of loose fine-grained sand. Please refer to the following table for the depth of water and the estimated sediment depths: --------------------------------------------------------------------------------------------------------------------- Location Water Depth Sediment/Vegetation "See Attached Location Plan" Thickness --------------------------------------------------------------------------------------------------------------------- HA-1 16" 1 HA-2 12" 1 Probe #1 24" 1 1/2" Probe#2 30" 1 Probe#3 48" 26" Probe#4 18" 2" Probe 95 38" 28" Probe 46 28" 1 n Probe #7 24" 611 Probe#8 58" 28" Probe#9 58" 30" Probe,#10 49" 21" Probe#11 16" 12° Probe #12 41" 16" Ronald G.Keller, P.E.:37293/SI Lic. No.:860 / Julie E.Keller,P.E.:68366 AL KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. MARTIN (772)337-7755 P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (772)589-0712 PALM BEACH (561)845-7445 www.ksmengineering.net MELBOURNE(321) 768-8488 FAX(561)845-8876 E-Mail: KSM@KSMENGINEERING.NET ST. LUCIE(772)229-9093 C.A.: 5693 FAX(772) 589-6469 Roseland Lake -3- June 3, 2014 Intersection 126th St & 79th Ave. Indian River County, Florida E. Sieve Analyses We also performed four (4) Soil Sieve Analyses to determine the percent fines passing the U.S. number 200 mesh sieve on representative soil samples below the unsuitable sediment/vegetation layer. This was necessary to determine whether these soils can be used as fill material. Boring Sample Depth Soil Description % Passing 200 Sieve HA-1 111 - 2011 Dark Brown Sand, Slightly Silty 6.4 HA-2 1611 - 4811 Dark Brown Sand 2.2 #8 011 - 2811 Brown Sand with Traces 1.7 of Pine Needles #11 18" Dark Brown Sand 3.7 A soil is considered to be suitable fill material if the maximum percent of fines is 10% or less. A review of the above table indicated suitable as fill material, however please note all organic material such as pine needles and organic debris will need to be removed. F. Closure: This report has been prepared in accordance with generally accepted soil engineering practices based on the results of the test borings. This report does not reflect any variations which may occur between the borings. If variations appear evident during the course of the project, it would be necessary to re-evaluate the recommendations of this project. % oMillilf, �LiE E. its Wre�plep. ��E assistance to you on this phase of your project. When we may b@`of for servlsfiob or should you have any questions, please feel free to call. --- ectfully, m p O STAT • m • Ju r eside ,���a,o•• J E K/Ics Email To: ebourgeois@ircgov.com Ronald G. Keller, P.E.:37293/SI Lic.No.:860 / Julie E. Keller, P.E.:68366 /� KSM Engineering&TestingP 0 Box 78-1377 BRING NUMBER B-1 KS14'l Sebastian, FL 32978 PAGE 1 OF 1 Tel: (772)-589-0712 Fax: (772)-589-6469 CLIENT Indian River County Engineering Division PROJECT NAME Roseland Lake Intersection 126th St&79th Ave. PROJECT NUMBER KSM#140975-b PROJECT LOCATION _Indian River County,Florida DATE STARTED 5/21/14 COMPLETED 5/21/14 GROUND ELEVATION HOLE SIZE inches DRILLING CONTRACTOR GROUND WATER LEVELS: DRILLING METHOD AT TIME OF DRILLING 4.50 ft LOGGED BY DP, DH&MS CHECKED BY JEK AT END OF DRILLING -- NOTES See Attached Location Plan AFTER DRILLING -- u o z A SPT N VALUE A U > Of >-_ cn w a 20 40 60 80 n� d0 wm wo oz--, F-� t_� PL MC LL Lu Q O MATERIAL DESCRIPTION g >O O Q w Y z Q �� p 0 n O m O> x" — 20 40 60 80 L �z Uv 0 U } < W d IK ❑FINES CONTENT(%)❑ 0 d 20 40 60 80� Light Y ht Gra Sand with Roots Gray Sand 5-5-5 SS (10) _ (10) SS 3-4-5 5 SZ Light Gray Sand (9) SS 2-1-2 Dark Brown Sand,Slightly Silty X (3) SS 4-5-7 Bottom of borehole at 8.0 feet. 12 a U' m o 0 v z:zof Lu w 2 m Y_ U O O R Lu W J W Y > Q W m O n v io c ch H C7 ao 5 co 0 r z z 0 0 J a x m x U W H O W 01 KSM Engineering&Testing P.O Box 78-1377 BORING NUMBER-B-2 KSM Sebastian, FL 32978 PAGE 1 OF 1 Tel:(772)-589-0712 Fax: (772)-589-6469 CLIENT Indian River County Engineering Division PROJECT NAME Roseland Lake Intersection 126th St&79th Ave PROJECT NUMBER KSM#140975-b PROJECT LOCATION Indian River County Florida DATE STARTED 5/21/14 COMPLETED 5/21/14 GROUND ELEVATION HOLE SIZE inches DRILLING CONTRACTOR GROUND WATER LEVELS: DRILLING METHOD a AT TIME OF DRILLING 4.83 ft LOGGED BY DP, DH&MS CHECKED BY JEK AT END OF DRILLING — NOTES See Attached Location Plan AFTER DRILLING -- a o z 0 SPT N VALUE �^ �w 0 o ��? a 20 40 60 80 W m o- °-O MATERIAL DESCRIPTION w O z H N z PL MC LL °-� OCr m0>Yv :D'S 40�60�80 c9 z U z 0 o ❑FINES CONTENT(%)❑ 0 20 40 60 80 Gray Sand with Traces of Silt SS Dark Gray Sandy Clayed Silt (2) SS 1-0-1 5 Gray Sand (1) SS 2-2-3 Dark Brown Slightly Silty Sand (5) SS 3-4-6 Bottom of borehole at 8.0 feet. 10 a m N n m O V Lu W > W 19 2 N Y_ (n U O O v WW J W U) O Y v r m m 0 n a i� v m F O U' M 3 0 U) U) z z 0 J a x m U W H O W C7 KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. MARTIN 772 337-7755 _ SEBASTIAN 772 - ( ) P.O. BOX 78-5 377, SEBASTIAN, FL 31978 �.s77 ( )5ss o712 PALM BEACH (561)845-7445 (MELBOURNE 321 www.ksmengineering.net )768-8488 FAX(561)845-8876 E-Mail: KSM@KSMENGINEERING.NET ST. LUCIE(772) 229-9093 C.A.:5693 FAX(772)589-6469 Date May 21, 2014 Location: Roseland Lake Intersection 126th St . & 79th Ave. Indian River County, Florida HA-1, See Attached Location Plan ----------------------------------------------------------------- DEPTH Strata PEN DESCRIPTION OF IN FEET FROM—TO READINGS SOILS ----------------------------------------------------------------- -0- 0" - 1" Sediment ------------------------------------------------------------ 111 - 16" Dark Brown Sand, Slightly Silty -1- 40 ----------------------------_-------------------------------- 16" - 48" Dark Brown Sand -2- 40 -3- 42 -4- -----------------------------41---------- ------------------- Water Depth : 16" Deep Job # : KSM 140975-1ha Ronald G.Keller, P.E.:37293/SI Lic. No.:860 / Julie E. Keller,P.E.:68366 IL KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. MARTIN (772)337-7755 P.O. BOX 78-1377, SEBASTIAN, FL 32978-11377 SEBASTIAN (772) 589-0712 PALM BEACH (561)845-7445 www.ksmengineering.net MELBOURNE(321) 768-8488 FAX(561)845-8876 E-Mail: KSM@KSMENGINEERING.NET ST. LUCIE(772) 229-9093 C.A.:5693 FAX(772) 589-6469 Date May 21, 2014 Location: Roseland Lake Intersection 126th St . & 79th Ave. Indian River County, Florida HA-2, See Attached Location Plan ----------------------------------------------------------------- DEPTH Strata PEN DESCRIPTION OF IN FEET FROM-TO READINGS SOILS ----------------------------------------------------------------- -0- 0" - 1" Sediment ------------------------------------------------------------ 1" - 20" Dark Brown Sand, -1- 38 Slightly Silty ------------------------------------------------------------ -2- 20" - 48" 44 Dark Brown Sand -3- 42 -4- ----------=------------------40----------------------------- Water Depth : 12" Deep Job # : KSM 140975-2ha Ronald G.Keller, P.E.:37293/SI Lic. No.:860 / Julie E. Keller, P.E.:68366 A,, N L oa rk� 4 Jv, 06 I ll f.Al E Bj LV 104:10=111111191BULLN lot :DRAWN BYi I.K. ,SHEETI OF I :DESIGNED BY,R.Ki PERMIT #: 'PROJECT #:140975 DATE.,20140603 'SCALEs NONE III D1)X -B Indian River County Fertilizer0rdi,nances ORDINANCE NO.2013- n1 Z AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MODEL ORDINANCE FOR FLOREDA-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 I help improve and maintain water and habitat quality, F:&..vlUK10 UMVFRAURIfim-&Q�'.a iaaeeslFaftie dd FeruRu� nerve-1017(F: rao «a, Page I of ORDINANCE NO.2013- 012 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: Section 1. Enactment Autbority. Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances,not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above"Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Adoption of Chapter 316 of the Code of Indian River County(the"Cod."). 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. Defutitions. 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 offerdlizer to turf or landscape 1p 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 Mana-vement 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 Fr NrrwixylLrnc6CE?J6ltfZYkadwr:onsAQnRr�,cer10id1nnMriNrmfhvVAndNP.alr:rr0'�a-2P7i rt7 Av,v,rlpld� Page 2 of 9 f9 ORDINANCE NO.2013- and practicable on-location means, including economic and technological considerations for improving water quality, conserving water supplies and protecting natural resources "Chanter 85-427"shall mean The Indian River County Environmental Control Act Chapter 85- 427, Special Acts,Laws of Florida "Code Enforcement D acer shall mean any designated employee or agent of Indian Rivcr County whose duty it is to enforce codes and ordinances enacted by Indian River County. "Commercial Fertilizer Applicator" except as provided in §482.1562(g), Florida Statutes shall paean any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Code"shall mean'rhe Code of Indian River County "Environmental Control Officer" shall mean the Indian River County Environmental Control Officer appointed by the Board pursuant to Chapter 85-427 and Chapter 303 (Part I} of this Code,and his or her designees. "Fertilize," "fertilizing" or "fertilization" shall mean the act of applyin ,fertilizer to tuxf specialized turf or landscape plants. "Fertilizer" shall mean any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity or provides other soil enrichment,or provides other corrective measures to the soil "Heavy rain"shall mean rainfall greater than two inches in a 24 hour period "Institutional Fertilizer Applicator"shall mean any person other than a private non-commercial applicator or a Commercial Fertilizer Applicator (unless such definitions also apply under the circumstances) that applies fertilizer for the purpose of maintaining turf and/or landscape plants Institutional Fertilizer Applicators shall include but shall not be limited to owners managers or employees of public lands schools parks religious institutions utilities industrial or business sites and any residential properties maintained in condominium and/or common ownership. "Landscape plant='shall mean anv native or exotic tree shrub orgroundcoyer(excludingturn. urfl "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, mowin%etc. "Person" shall mean any natural person business corporation,_limited liability company partnership limited partnership association club organization, and/or any group of people acting as an organized entity. Fidtto.oryy�o+aGlNtReZV�drNondO.de, „csitO.dtronati;entlInWV &f pa mrfM��vu 2Vj3( 0(,4vX r"�+r Page 3 of ORDINANCE NO.2013- 012 "Restricted Season"shall mean June 1 through September 30. "Saturated soil" shall mean a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this chapter, soils shall be considered saturated if jt4,nding 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 dant uptake and use after application, or which extends its availability to the plant loriker 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 riis-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in &570.02 Florida Statutes. Section 316.3. Timing of fertilizer application. ` No avplicator 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 Warnin is s in effect for any portion of Indian River County, issued by the National Weather Service,or if heave rain is likely. Section 31.6.4. Fertilizer-free zones. Fertilizer shall not be applied widiin 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 stria eg nt Indian River County Code regWations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this zone only for a 60-day period.:beginning thirty days after planting if needed to allow the1p ants to become well established. Caution shall be used to prevent nutrients from being directly deposited into the water. Section 316.5. Low.maintenance zones. A voluntary ten foot low maintenance zone is strongly recommended,but not mandated, from any pond,stream,water course,lake,wetland or from the top of a seawall.A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more-stringent Indian River County Code regulations 1_ations apply, this provision F:1da�xlnaom60dlemmlt�namrslFr�NlnrNGcdrIFuNRmOdincnct-ZOJ!(Fi�+p(A.gwrZO}dece Page 4 of ORDINANCE NO.2013-012 does not relieve the requirement to adhere to the more stringent regulations.Notwithstanding the voluntary nature of the above sentences no mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over- spray of aquatic tiveed products in this zone. Section 316.6. Fertilizer content-and application rates. (,a) No fertilizer containing.phosphorous shall be applied to turf or landscape plants in Indian River County unless a soil or plant tissue deficiency is verified by a University of Florida, Institute of Food and Agriculture Sciences, approved testing methodology. In the case that a deficiency has been verified, the application of a fertilizer containing phosphorous shall be in accordance with the rates and directions for the Central Region of Florida as provided by Rule 5E-1.003(2),Florida Administrative Code. Deficiency verification shall be no more than 2 years old. However, recent application of compost, manure, or top soil shall warrant more recent testing to yerify current deficiencies. (b)The nitrogen content of fertilizer applied to turf or landsc pe plants within Indian River County shall contain at least 50%slow release nitrogen per guaranteed analysis label (c) Fertilizers applied to an urban lawn or turf within Indian River County shall be applied in accordance with requirements and directions set.forth on the label or tag for packaged fertilizer products, or in the printed information accompanying the delivery of bulk ferdlizer-products, as provided by Rule 5E-1.003(2), Florida Administrative Code Labeling Requirements For Urban Turf Fertilizers. All packaged and bulk fertilizer products sold in Indian River County shall be sold in packages with labels or tags or, if sold in bulk be accompanied by printed information which complies with the requirements of Rule 5E-1.00352 Florida Administrative Code (d) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site and shall not be applied for the first 30 days after seeding or sodding, except when hydro- seeding for temporary or permanent erosion control in an emergency situation(wildfire etc) or in accordance with the Stormwater Pollution Prevention Plan for that site. Section 316.7. Application practices. (a Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces,fertilizer-free zones and water bo(hes.including wetlands (b) Fertilizer shall not be applied,spilled,or otherwise deposited on animpervious surfaces (c) Any fertilizer ap h�cd�spilled or deposited, either intentionally or accidentally on an impervious surface shall be immediately and completely removed to the .greatest extent practicable. Page 5 of 9 ORDINANCE NO.2013- 012 (d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site or returned to the original or other appropriate container. (e) In no case shall fertilizer be washed swept or blown off impervious surfaces into stormwater drains,ditches,conveyancesor water bodies Section 316.8. Management of grass clippings and vegetative materials In no case shall grass clippings vegetative material, and/or vegetative debris be washed swept, ' or blown off into stonnwater drains ditches conveyances water bodies wetlands or sidewalks or roadways.Any material that is accidentally so deposited shall be immediately removed to the j maximum extent practicable. i Section 316.9. Exemptions. i i The provisions set forth above in this chapter shall not appl roto: (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 grazing livestock- ' Lel-_M lands used for bona fide scientific research including,but.not limited to research on the effects of fertilizer use on urban stormwater water qualm agronomics or horticulture (d) golf courses when landscaping is performed within the provisions of the Florida Department of Environmental Protection document, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses" these provisions shall be followed when applying fertilizer to golf course practice and play areas,• (e) athletic fields at public parks-and school facilities that apply the concepts and principles embodied in the Florida Green BMPs. while maintaining the health and function of their specialized turf areas, (fl vegetable gardens owned by individual property owners or a community and trees grown for their edible fait. Section 316.10. Training. (a) Within.the time.period set forth in section 316.12 of this Chapter,all Commercial Fertilizer Apijlicators.and Institutional Fertilizer Applicators within Indian River County shall abide by and successfully complete the six-hour training_program in the "Florida-filendl Best Fu� vrepec�vr�tecue.,..w,.a .ro1:rrr..or���z Page 6of9 ORDINANCE NO.2013- ` Manazement Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida-Friendly Landscapes"program,or an approved equivalent. (b) Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida Institute of Food and Agriculture Sciences Florida Yards and Neighborhoods program when applying_fertilizers. Section 316.11. General education program. The Public Works Department shall have an employee who shall address issues pertaining to this Chapter. This employee shall implement a program to inform the general public of the requirements of this chapter, which program shall include among other things informative postings on the County website,printing and distributing informative brochures and other print materials, and speaking_engagements at community associations, civic organizations etc The program shall also include,to the extent practicable, use of any materials from the Be Floridian program and coordination and collaboration with University of Florida Institute of Food and t gdeulture Sciences educational activities. Any claimed or alleged deficiency in the County's general education program shall not constitute a defense to any action brought to enforce the provisions of this chapter. Section 316.12. Licensing of commercial fertilizer applicators. (a) No later than December 31,2013, all Commercial Fertilizer Applicators within Indian River County,-shall abide by and successfully complete training and continuing education requirements in the "Florida-friendly Best Management Practices for Protection of Water Resources by the Green Industries," offered by the Florida Department of Environmental Protection throe hgh the University of Florida Institute of Food and Agriculture Sciences "Florida-friendly LandscgMs'' program, or an approved equivalent program, prior to obtaining an Indian River County Local Business Tax Certificate for any category of occupation which may Ugly @ny fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the Indian River County Tax Collector's Office within 180 days of the effective date of this ordinance. (b) After December 31,2013,all Commercial Fertilizer Applicators within Indian River County shall have and carry in their possession at all times when applying fertilizer, evidence of certification-by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.1.17(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) inust 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 ny category of PMaorhrydadatQ£J/EP.QLWrsa'wfaa kOnArc.aufOrdnew+WsnGlerWodrtYe'aRamORnmre.10131Mm*{{1�+8+�1s 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 pertainin to o 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 31614. References to state law. Any references in this chapter to Florida Statutes rules or regulations shall refer to such statutes., rules or regulations,as amended from time to time. Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of Indian River County,unless such aMlicator is specifically exempted- provided however, that this chapter shall not apply within the limits of M municipality which has adopted an ordinance re ating 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. F.•ur mdA wnarlU GP,XFRA.L1a2uohtiasd OrtBamarslQndmxeaiFnnM1'xrkVMelhxlfhnAlMcns 1413 ptm�+(iy�malekda� Page 8 of 9 41. a4, Will; 55- aij 0-4 i.-k.;tzW J., x? Ik F.P. 47, U T_V go wig- Jr mW 24KA--- "Z% 40 A3 gzl Nt- V'a 'epic,94 eM 9',,"J" IT qm ge Ig i.Iff WA % MS_ NV AR IV;' FTw liu-r. 35 :UL U4 g.V, J t 't x f j Iq 16,j 70� 'MI I r 44, 41 '71 Wl 2V "'I 4 ig, 4 �P•t.. w � C+ f� �r31<:••�'" fir .y F. _ -.. � F �. 'i � �:.. 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GEiFICAT(O1J O. 5 JjKvEY , .jfATYGf IICR10A CeJNfr OPINMN RN/Jl jv t8 �e> IRM-By Ctmarr TNTTNC RArap Mfit^-4.{r✓Nal A[ta-w—w µA7SatAaro GatA,tLr t[IAetirflAlbl OFA W—P attaaN 7"OK [D I(a/[RTY AIAPLVYaR APf vlR6mo11:AMD 7NR�AI D svaar ISACGVL17 IFi /�� 9tifafMY{[Na4t,iDbfi APV OnaK 11LArTMRL ALC AY LNCtaAUA[Nli Ar.La,S ` / S// \ TtC/tO►YRTY WLSt1(FJi'A[f"aWI[�AMATIMTRLtAMIT RBIiyIci NALlfLts W � H1YE6YN RA6tDAF ct�iIRRD N'4M.Tkn i'Ns•1d DaY KTUN!Ifti, R VNE ST Al.IL r:. rr a,a.rPr j 3 ' -Eel ,�af LANG LN NO.Z FLAr ROOK 7 FACE-i2 DOCKET—gru 4>7.e ROSEL.ANQ LAKE NO 2 BEING A SUBDIV15ION OF 4� LOT 53 OF A,A.bERR`f 3UBDIVISION 5eC21,T.305,0..38 E,1001AN KIV£R COUNTY/ FLO RI V rt, ,� fes' ,�,f IC�j ION of I�E_OIC_ATibN lATLOPNLw WsA! 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(le Twem pf VNOOC1t/OIfE C'MAr.NOTPATSMO ar'Mf wage—pfiCFlf fVRLcr ISACLLRS,f Tb71Nt YM PI C NNt NIt96L ANDlLIrR TR•Yr•nO!f ARENA L'CSeA[NgtMR ACCOfS ,Mars vAttegoAwlfl LAW.AN is TA&I m PNTtim[CILY licc ti A4•Gipft ML[C At[tgOKfD Ff(AV.TNI[TM��� f }1l CL N uvhbK IT- o° G 1 70 1^ 1 , / h J Roseland Lake Arjuna Weragoda, P.E IRC Project No. 1219 Exhibit B GKE 'Findin:gs F-\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Design\drainage\PERMIT REPORT-2.doc 8 G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGE R KULCZYCKI,CES,CEI 155 McKee Lane Vero Beach,FL 32960 Phone 772-567-9129 Fax 772-567-6245 Email gke@me.com Roseland Pond Summary Report June 28, 2012 The subject site was investigated by G. K. Environmental, Inc. on June 21, 2012, in order to determine the approximate water and muck sediment depths down to hard bottom. Nine (9) cross-sectional transects were established and readings were taken at Top of Muck (TM) and Hard Bottom (HB) in order to determine the approximate depth of muck and sand sediments. (See attached sketch.) The Roseland Pond was created in the 1960s as a stormwater pond for a small subdivision. The pond has been receiving stormwater runoff from the area since this time.period. There are three (3) stormwater discharge points that enter the pond as depicted in the attached sketch. It appears-that-years of runoff and sedimentation 'have created a sandbar in the center of the pond that is now dominated by cattails, reducing stormwater capacity of the pond. The sand bottom within the cattail area is very firm and compacted. Muck sediments are apparent primarily in the deeper open water areas as noted in the attached sketch, some areas containing as much as 3 ft. of muck. The perimeter of the pond has also become dominated by torpedo grass and exotic and invasive species, trapping sediments and creating a shallow shelf around the edge of the majority of the pond, further reducing stormwater pond treatment capacity. (See attached sketch.) No endangered or threatened species exist onsite. The subject site is dominated by exotic vegetation and would -be benefited by pond maintenance, including the excavation of accumulated sand and muck sediments from years of runoff, which would ultimately provide additional water quality -benefits prior to discharge. There appears to be a pond overflow discharge .pipe in the east central pond edge, which apparently drains to the east following heavy rain events. This needs to be verified. End of Summary Report 1 I TM.=mot of moc),, 'AMZe-T5 ��8 w1 __phi I44L a i hzlf gr i p iii wy� - Y Q ,,j 1 F r W-' -tea ` -a1r1 J .-TM i DRAWN DY ` G. K. ENvmoNMENTAL INN. gCAr.F ENvmoNMENTAL CUNSULTAWTS DATE �Q George R Kulczycld,President �Z- 155 McKee Ln.Vero Beach,FL 32960 REVISED PHONE:(772)567-9129 FAX:(772)567-6245 Q 3 et 0-1000, •' ti, %el •� 00ft AT PDAN i. ',.=� ` SCJ� 4 • • � e •, � � �� r/app f . •/ r • .' . • �s /�1. i3 t % pw • ` ♦ wr 1 m w 4 w , • L ��, Li i ,gyp, eAwtOr+&Wt GovjVms Emi,*k) Y-m4s e�-Ze,+ G. K. ENMONMNTAL INC. ' sc, .-�; Errv>RONMMNTAIt COM ULT�ms George IL KnlczycW,Pre Watt DATE , 185 McKee Lo.Vero Beach,FL 32960 .• REVISED P190NE:(772)561-9120 FAX:{772)567-6245 s Tl- : .e .. }; to , DMWN13Y � G. K ENVII20N1 mNTAL INC. SCAB Ef NYMt7MMMAL CONSULTA14tS DATE " � George R.Kulezycki,President "t�.: 155 IV cK Ln.Vero Beach,FL 32960 REVISED PHONE:(772)567'-9120 FAX:(77Z)567-6245 9 'rod CDT N,,.�j 'lily ` • -moi/ DRAWN BY �ir• . EN IRON AIL INS.+• SCwill&ALE� ��t 1-� ENVMONM AL CONSULTMUs George R,KalmycK Preddent 155 McKee Ln.Vero Beach,FL 32960 ggyXgpj PRUNE:(772)561-9120 VAX-(772)567-6245 Roseland Lake Arjuna Weragoda, P.E IRC Project No. 1219 -Exhibit C Plans . F-\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Design\drainage\PERMIT REPORT-2.doc 9 PI 1.t rff :A I 'e4. : '�,. <•-�'�.q'q•A° .a -x '�' -d� •i`y,�t'.,.•' ,"j; �-v'i •?6a f •� � Y=�so: ,x���;' �G•' �,f--' r.� ,.����, „� -vP%: "�, �" n�i �'�-�,'=.7�,;•.;.,�>i•_, f I rs.,�a:"•T;:,�k:.`+f 1` � .'h+. ,, �� � •,�x"� i "' ./ r,. ..R' ;,i�:'.:`lJ:dn"r '"j,-•r�,',.,,; "! �'`�""'.i'..�: .di) ''.4`Y+".'a h• '.` +`;�"^' ., `'�• , �-i' '�" '��dn"rr�� yr",:::' : ,*y�•\ „�. ,s.� (;r`a -t:..,�,;;i•,��" J+'' 9'.. ,J;..+..5 �, 3• •' F p�• , ;N: ,q `f :;5't.' in -:). 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'4� � .+!" `�t'�, '�' ae".._"1 ! :%,' ;i.�i'�n,�•�S- C<lS�/// :,i �.�2'`.'b� 4�N,y ���s,,,, { _ ti♦�{ ,+ ��1 t"�s ,y • '' .. �.�'' '+L^ - •ice �i..�• - ,t�r�. <a INDIAN RIVER COUNTY pepoilment of Pub//c WonFs ' O°"'"r tea 2etn smEEr ,.Q. ROS£LANO UK£ MAINTENANCE / `M MAW• R uYeo £np/ns�Nny PV/s/on .�.. a 1219 PLAIN s cm W7-8=l-W7-8= . S/T£ PL c w, 000 y cr} rot Sn Vo PkL R , w r �ill 5 .rn- 7� ' •f � v bt• :'�' �hI : �� ' ;.` �'' ....+✓'4., Yet`' 3• -.....�--'"4!���'•. � .•rt 'v r�x�``.,�q�.��Q•T%r t : L S" rL' //..w• K.` s"' C`i� ^-s 'FM,.T �• - ':L�'`�u�-•' +j/J "'�_ g,�,�,,':y�"t>y,)i�rtf..�. 'r� ' n'+�' i T � � �t V.- Y. -�,¢:�r.d:�sj > p:�;y ^,�, - �'r-. �', �!- ., v,st. "R':c ��'��•i•..ta.(v 1;,,� ,"'j• 'c„ rr 4.. ""Yilr V1I�M» 1�gy� h✓!Y � t�.g � ��' C'. p?�� 'm� r t' _ fMzf Uf' t ea.L!A.• a�m;�•' Y':7tt' ,rry.� � '44,;+q�" :IJr� � � �_ '•b a.T ,� f bb.•�� / �-. r f%`.�'`^"�a Y 4 1 •i"ii • S- •yam `'ttf' ^t l:..t�'. -� ` ' ^No .. 4 k. a ,, .F, - h °,� .,,�1 5 •t 1 h•7 ,.'''rcps°F. V,4k` z p'i,, `}t. ` YR " ,� �y ^ rY"��. 't.9'.5,,'.(x.`.'.: - r 'Yn �'•-(' W: R ��r �:.#5:sf° tin `��f` , � nfil. ._ �} { hi�i- ,r�i•4�,',.`. ;k. �;.y�? j a, `'� ":t- .'1]�� :b,ii�, NR: els � z'.t-= *` "i., t`L., •.'y - '��;,` 1 k�y ."Sr.�',;``s�r,,',2i' . \` 4 a,. ��� .,�� . �'y �' - '!i%. r;,�. A �r 'I:��..i:_f: + t, 'I's-. t \fit.: v., �"{" � .i.w � _ .fes, •,� �J A�, .: r �: t'. �"C' " 'mei kV..-i.. _q .L' \ 1M qb'� i• � r,.i�. ".jAf•.- �S.�Ys. � Y•" �, :. \ �] �' it .B.s e.�— ` M. R.4W-•„ �' a INDIAN RIVER COUNTY 160 25th SIRErr ROSEAND AK£ MAIN TNAN��CE �.'p"° MM0 °�'• 'L 52M £n 1—rf179 D/v!s/on � 72J9CTM 5•40W GKE PO/NTS d 4 I i - t r .. 77. - 1 - I 1 1 - 'G'•:j,.vi.Niru s.2,.�� - sruc/'=Pn G s%SYS%`h•'':z �;�.%,;;;,•?/;•;i,: E.Y/ST/NG MUCK CAY£R Av 61 >62' SL^ILC/' RIVER' POU NTY °�°o a` stzc�r he"p eiit'..of.Pu6%Jcaas'nrks m,,,:,d,.�.DA rr. ROSEL 4ND` GQKE.. .4AVT£N;4NC£ VERB BEAC1I;y,�fl 32080 ,e urv'�ry da. .3 ---- ------------------------- ------ ------------------- - t OOi tao, fps Cb N' 'N C1: 00 SEGT/ON.A.•=A' scarf:v��yb•' M2, N N. o �,� , N' O• N W N N a6 SECT�OiV B=B sciics�+.ro• . tlo: R�iteron Date ...a .. INDIAN ER RIV -OOVNiY L' 91m � . DeoarlMenl,;of Pati//c.,.Woiks ,„ �, ,0e ROSELANO E MAINT£NA .C£ d . vwo mar.:?n. 3aueo Edq/neei/rig D/v/s/oi , w cm) .�=eaoo - ,'^�4 w ro9.,�a..,,,� � •o,': JZr9' CROSS SECT/ONS=i°ROPOS£D' '.d.4 ORDNANCE NO.2013- 0,12 Section-6.Directine 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 181h day of July,2013,and on the 10th day of August,2013 for an additional public hearing to be held on the 2e 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 Tian Zorc AYE The Chairman thereupon declared the ordinance duly passed and adopted this 201' day of August,2013. s`� �•' BOARD OF COUNTY COMMISSIONERS v :INDIAN RIVER COUNTY FLORIDA ';ti'•. If ;.y;Q,(('���j`,' seph .Flescher,Chairman ATTEST: Jeffrey R.Smith,Clerli p v Approved as to form-and legal sufficienc : d ptroHer Y By: v Depu Clerk Dy4ifaZelftigold,County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of 52013. Rtdron eru»dnVCOYERntvrawmaeea�AmaalOdr aonra,IF'wtuourc�slronY,va..trnem.-=3(Nn9rA pa 2W 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, 201-3,;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, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the Purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. l,..,,.,1 1"""rNu, i. A.u,.r,,�..n.I Page I of 3 ORDINANCE NO. 2013- 014 Section 3. Amendment of Section 316.6(Fertili7er content and-application rates) of Chanter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code' of Indian River County(the"Code"). Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance)of the Code is hereby amended as follows: Section 316.6. Fertilizer content and application rates (b)As of the effective date of this chapter, the The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 2558% slow release nitrogen per guaranteed analysis label. As of June 1, 2014. the nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label Section 4. Amendment of Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River Countv fthe "Code"). Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape P Management Ordinance)of the Code is hereby amended as follows: , Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated area of Indian River County, unless such applicator is specifically exempted; provided, howevep, !hat this ehapter shali not apply within the limits of ally-mun-e-pal-ty whieh has adopted an or-dinanee e subject inatte . This chapter shall be prospective only, and shall not impair any existing contracts. Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may changed be g d to section, article or such other appropriate word or phrase in order to accomplish such intention. F:d/wnefdlpJoiik,+'fYt1,VtrNyWirnt6lMGm..n•.•(MpmnrtrsFrvli7i:rr:dvuvf+:•+fnniFmJi:rrUnlnimir:Ae+ Page 2 of 3 I I 1 ORDINANCE NO. 201.3. 014 Section 7. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 16th day of' Septeffber ' 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. Fleseher Aye Vice Chairman Wesley S. Davis Aye e Commissioner Peter D. O'Bryan Aye_ Commissioner Bob Solari Aye Commissioner Tim Zorc Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of October,2013. ynavwxy. BOARD OF COUNTY COMMISSIONERS `�,JNDIAN RIVER COUNTY,FLORIDA iy: �ephFlescher,Chairman ATTEST: Jeffrey R. Smith,Clerk of Court' Approved as to form and legal sufficiency: and Comptroller By. Dep Clerk eylan Reingold,County Attomey EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2013. r:irn..,,rc f�.Wx+;1:,�fx ii,u .:u.;,.x.,c rk r..w,ac.�..4xmxrc rx,n_:..x..n,:,.n,M r•.-N.:,..�:nnx.nw.4r: Page 3 of 3 Roseland Lake Arjuna Weragoda, P.E IRC Project No. 1219 30th, 1967. A copy of the plat is attached under Exhibit A. III. PROPOSED MAINTENANCE A. PROPOSED IMPROVEMENTS The objective of the proposed maintenance is primarily to achieve the same conditions that existed in the 1968 aerial. There were several complaints filed by some nearby residents with regards to the condition of the lake. A majority of the complaints stem from health and safety issues to aesthetics. Some of the complaints are as follows: ➢ The cattail seeds blocking screen enclosures during there blooming season ➢ Flooding the garage and the yard from the lake breaching the banks during storm events ➢ May hinder fire protection for the residence, because the lakes capacity has been reduced from the siltation. No fire hydrants exist within the Roseland Lake subdivision therefore fire flow is expected from the lake Indian River County is proposing to excavate the lake approximately to a depth of 3 to 5- feet primarily to remove the existing muck and siltation from road runoff. A field investigation of the lake indicated that a majority of the siltation and the cattail growth is to the middle of the existing lake. In order to perform this work we anticipate clearing some areas of the lake bank. Please see attached plans for more details. B. BEST MANAGEMENT PRACTICES The necessary silt fence and turbidity curtains will be in place prior to the start of construction. Two alternatives are proposed to excavate and dispose of the unsuitable material. The two alternatives are as follows: • The first alternative is to divide the lake into two half's, east and west utilizing the existing build-up area in the middle. Then dewater the one half into the other half while containing the dewatering to the lake area. Once the dewatering is accomplished remove the unsuitable material. Transport the unsuitable material P p once fully dry to an accepted location. • Second is to excavate the material in a wet condition and place the unsuitable material along the western, northern and southern banks of the lake. Once the unsuitable material is dry, haul the material to an accepted location for disposal. In both alternatives turbidity curtains will be placed at the outlet pipe into the swale along 79th Avenue. Also, any suitable material excavated from the lake maybe used to create the proposed 4H:1 V banks. •IV. CONCLUSION The proposed project is to cleanup the-Roseland Lake and restore it to the 1968 condition. The current condition of the lake is considered to be a health and safety hazard to the nearby residents. The proposed maintenance meets the necessary water quality standards set forth by FDEP. I'APublic Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Im rovements\Desi \drains e\PERMIT RE p gn g PORT-2.doc 6 Roseland Lake Arjuna Weragoda, P.E IRC Project No. 1219 Exhib-it A Maps, 'P hotos and -Roseland Lake Plat F'\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Design\drainage\PERMIT REPORT-2.doc 7 i/ filo wESIQO .. ' \ A34 17� y p sa / •,7 ��A C P ' u 9C C 9GA�� 132ND _ST ` 4 IC 131 S-1-1 STOff;•' `•'��T CO _ r \/Ix � / 130TH PL 30TH ST G� �r��P1 T L ✓- J �C-) >V ROSELAND LAKE �� ( , 1Q , �2,� � •; %y '`o •s, tis :Z 99999 �' cP. J•P.••• cP •S � j �� • ,>• .,� �, r� 30382100001000000023.3 T-6 ti :t � fit,,•'• I �TX ,yT� 30382100006005000001.0 30382200001003000000.0 INFORMATIONAL MAP-NOT A SURVEY The Information on this map is taken from reliable sources. Location M a p However,its accuracy is not guaranteed. u r - - � 5 •0 1/lt -J. s vY .T. *40., •, ✓ .y 16 + ' - • . � 1* Ali \� � � •� . 416 ice• V ✓ �,.: - � .. •t I '� ltd. 's s {• v 14' 4 .i •y/ Jif' e1�" Y y� LI '•� '-`ice./s .N' � r - i 4"•X. '.<v Y -+s .su:-�� � r�iC�e..�C•�,rv. .'rn r 'rs ...,��` .i��..s";;�'�` .:t..:lL..^ad•: '^.tY+'" INFORMATIONAL NOT The information on this map is taken from reliable sources. Aerial • /N RS-3 , 9 �sTy �� ycT 7 1� PROJECT LOCATION 30382200001003000000.0 30380000001030000008.0 IL INFORMATIONAL MAP-NOTABURVEY LANDUSE MAP n.:emuwauw..rw w���w wa. A �sTy ��PJ �yS `msIs, IX 1� G S f J PROJECT LOCATION 30382200001003000000.0 X .-'30380000001030000008.0 A INFORMATIONAL MAP -NOT ASUR SURVEY FLOOD ZONE MAP n -A,P'P ESN tDyIX `�C' 'PROJECT REPORT By IRC and G•K Environmental Inc. Appendix C-Project Report F•\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\Master Contract Documents\APPENDIX C-Project Report.doc PROJECT REPORT For Indian River County Roseland Lake Maintenance aRI Prepared by: Ar una Weragoda, P.E. June 2012 TABLE OF CONTENTS TABLE OF CONTENTS i I. INTRODUCTION 1 A.PROJECT LOCATION 1 B.LAND USE 1 C.PROJECT DESCRIPTION 1 II. SITE CHARACTERISTICS 1 A. CRITERIA 1 B. EXISTING LAKE 2 III. PROPOSED MAINTENANCE 2 A. PROPOSED IMPROVEMENTS 2 B. BEST MANAGEMENT PRACTICES 2 IV. CONCLUSION 6 FIGURES Project Location Map Aerial Map Land Use Map Flood Zone Map 1968 Aerial Map Exhibits Exhibit A: Maps, Photos and Roseland Lake Plat Exhibit B: GKE Findings Exhibit C: Plans Roseland Lake Arjuna Weragoda, P.E IRC Project No. 1219 I. INTRODUCTION Indian River County (IRC) is proposing to clean approximately 0.60 Acres of the existing Roseland Lake by excavating the muck and vegetation. The subject of this report is to address the maintenance of the existing lake which would enhance water quality, health and safety and also be aesthetically pleasing for the adjacent residents. The objective of the maintenance is to enhance the lake to its condition in 1968 (Please see 1968 Aerial). A. PROJECT LOCATION This project is located within Indian River County and located within Section 21, Township 30 South, Range 38 East. A location map and aerial map is provided as a part of the report. B. LAND USE The existing land use for the project area is shown in the Land Use Map. The project area is predominantly surrounded by land use type L-2; 6 dwellings per 1 acre. The project falls within the jurisdiction of St. Johns River Water Management District (SJRWMD). C. PROJECT DESCRIPTION The proposed maintenance will include the excavation of the existing muck to a depth of 3 to 5-feet. Additionally this will include the removal of cattail and other exotic vegetation. II. SITE CHARACTERISTICS A. CRITERIA The maintenance of the lake will be conducted utilizing best management practices. The proposed activity is understood to qualify for a"De-Minimis"exemption. B.EXISTING LAKE The existing lake is overgrown with a combination of cattails, some exotic/non-exotic trees and brush/grass along the bank. The growth of the cattail and exotics are due to the on-going siltation of the lake from roadway runoff. Please refer to photos under Exhibit A. Runoff from 126th Street and 79th Avenue flows into the existing lake. It appears the lake acts as a retention system. Eyewitness accounts from a nearby resident stated that the lake in the early 1980's was approximately 5-6-feet deep. The roadway improvements for 126th Street were permitted to drain into the existing lake via permit number 42-061-0697NG. It is the understanding of Indian River County staff that the subject lake was excavated prior to 1967 for reasons not known. The lake named "Roseland Lake"is a part of the Roseland Lake No.I and No.2 recorded plat dated March F\Public Works\ENGMERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Design\drainage\PERMIT REPORT-2.doc 5