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CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 43rd AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST BID NO. 2017013 PROJECT NO. 1123 F.M. NO. 431725-2-58-01 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA JOSEPH E. FLESCHER, CHAIRMAN COMMISSIONER PETER D. O'BRYAN, VICE-CHAIRMAIN COMMISSIONER SUSAN ADAMS COMMISSIONER TIM ZORC COMMISSIONER BOB SOLARI JASON E. BROWN, COUNTY ADMINISTRATOR JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD., COUNTY ATTORNEY RICHARD B. SZPYRKA, P.E., PUBLIC WORKS DIRECTOR JAMES W. ENNIS, P.E., PMP, COUNTY ENGINEER 00001 -Project Title Page- REV 04-07 00001 -1 F\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\1-Admin\bid documents\Master Contract Documents\00001-Project Title Page- REV 04-07.doc TABLE OF CONTENTS Section No. Title DIVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors 00470 DBE Forms 00472 Non-Collusion Affidavit 00474 Certification for Disclosure of Lobbying Activities on Federal Aid Projects 00476 Certificate Regarding Debarment, Suspension, ineligible and Voluntary Exclusion — Primary Covered Transactions 00490 Certification of Non Segregation & Non Discrimination 00492 Buy America Certificate of Compliance 00494 Drug Free Workplace Certification 00496 LAP Certification of Capacity/ Status of Contracts on Hand 00500 Certification of Sublet Work _ I CONTRACT FORMS 00510 Notice of Award i 00520 Agreement i USDOL Wage Determination-FL 160213 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 00010-1 F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00010-Table of Contents-REV 04-07.doc ,I i CONDITIONS OF THE CONTRACT 1 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive i DIVISION 1 -GENERAL REQUIREMENTS DIVISION 2—TECHNICAL PROVISIONS I APPENDIX A--TITLE VI/NONDISCRIMINATION POLICY STATEMENT APPENDIX B— FERTILIZER ORDINANCES APPENDIX C — FEDERAL REQUIRED CONTRACT PROVISIONS APPENDIX D— FHWA 1273 APPENDIX E— PERMITS APPENDIX F— INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL I CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION + + END OF TABLE OF CONTENTS + + 00010-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00010-Table of Contents-REV 04-07.doc OMER i SECTION 00100 -Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 27«'Street Vero Beach, Florida 32960 t� t; OR1 Telephone: (772) 567-8000 FAX: (772) 770-5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 P.M. on Wednesday, November 23, 2016. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "43rd AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST and Bid No. 2017013". 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. 1123 INDIAN RIVER COUNTY BID NO. 2017013 PROJECT DESCRIPTION: The project consists of the construction of an 8 foot wide concrete sidewalk along the east side of 43rd Avenue from Aviation Boulevard to Airport Drive West The sidewalk improvements will be approximately 0.69 miles in length. The work will also include minor shoulder work, ditch grading, drainage piping with drainage structures, signing and pavement markings. This is a F.D.O.T. Local Agency Program (LAP) funded project FM No. 431725-2-58-01. 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(a-)ircgov.com. All communications concerning this bid shall be directed to IRC Purchasing Division at purchasing(circgov.com. All bidders shall submit one (1) original and one (1) copy of the Bid Proposal forms provided within the specifications. Please note that the questionnaire must be filled out completely including the financial statement. BID SECURITY must accompany each Bid, and must be in the form of an AIA .Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent 00100-Advertisement for Bids REV 04-07 00100-1 F•\Public WorkslENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract DocumenW00100-Advertisement for Bids REV 04-07.doc I a 5/o of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100% Public Construction Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall be retained by the County as liquidated damages and not as penalty. - i The County reserves the right to delay awarding of the Contract for a period of ninety (90) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. A MANDATORY Pre-Bid Conference will be held on Wednesday, November 9, 2016 at 10:00 A.M. in the first floor conference room Al-303 of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS MANDATORY. INDIAN RIVER COUNTY I By: Jennifer Hyde I Purchasing Manager For Publication in the Indian River Press Journal Date: October 23, 2016 & October 30, 2016 For: Indian River Press Journal Please furnish tear sheet and Affidavit of Publication to: I I INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street I Building "B" Vero Beach, FL 32960 I I i i ** END OF SECTION 00100-Advertisement for Bids REV 0407 00100-2 F-\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or West\Admim\bid documents\Masler Contract Documents\00100-Advertisement for Bids REV 04-07.doc I i SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. -Title Page I ' ARTICLE 1 - DEFINED TERMS ................................ ... ................................................ ....... 1 I' I ; ARTICLE 2 -COPIES OF BIDDING DOCUMENTS................................................................ 1 I' ARTICLE 3 - QUALIFICATIONS OF BIDDERS...................................................................... 1 i ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE ARTICLE 5 - PRE-BID CONFERENCE............. ....................................................................4 ARTICLE 6 - SITE AND OTHER AREAS......................... ........4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA ..............................................................4 j ii ARTICLE 8 - BID SECURITY ................................................................................................. 5 i ARTICLE 9 - CONTRACT TIMES............................. .............................................................5 it ARTICLE 10- LIQUIDATED DAMAGES ................................................................................5 it ARTICLE 11 - SUBSTITUTE AND OR-EQUAL ITEMS....................... .................................6 �I ARTICLE 12- SUBCONTRACTORS, SUPPLIERS, AND OTHERS... ...................................6 ARTICLE 13- PREPARATION OF BID...... ............... ...........................................................6 I I ARTICLE 14- BASIS OF BID; EVALUATION OF BIDS..........................................................7 j ARTICLE 15- SUBMITTAL OF BID........................................................................................8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID................................................9 I 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 1 ,I I ARTICLE 21 - SIGNING OF AGREEMENT............................................................................ 10 ,I ! i ! 00200-Instructions to Bidders REV 04-07 00200-i ! F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract ! Documents\00200-Instructions to Bidders REV 04-07.doc ! SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Sub'ect 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 j Copies of Bidding Documents................................................. ............................ ....2 i DefinedTerms............................................................................................................................1 Examination of Bidding Documents,,Other Related Data, and Site.............................................4 Interpretationsand Addenda.......................................................................................................7 I LiquidatedDamages.................................................................................................................10 i Modification and Withdrawal of Bid........................... ................ .............. ...............................16 I Openingof Bids.................................. ..................... ....................... .......................................17 Pre-Bid Conference....................................................................................................................5 Preparationof Bid.................................... ................................................................................13 Qualificationsof Bidders.............. ..............................................................................................3 Signingof Agreement...................... .... ...................................................................................21 Siteand Other Areas............ .............................. ... ..................................................................6 Subcontractors, Suppliers and Others... ..................................................................................12 Submittalof Bid ........................................................................................................................15 Substitute and "Or-Equal" Items ...............................................................................................11 00200-Instructions to Bidders REV 04-07 00200-ii F1Public Works\ENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestlAdmimlbid documents\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: i A. Bidder--The individual or entity who submits a Bid directly to OWNER. t 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. I 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. I ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of I 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. I I A. Bidder must have at least five years' experience in the construction of similar projects of j this size and larger. j B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three I projects similar in scope to this project. I C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 00200-Instructions to Bidders REV 04-07 00200-1 F:1Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr West%Admim\bid documents\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev 05/01 302 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. 303 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 j information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or 00200-Instructions to Bidders REV 04-07 00200-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th Sl.to Airport Dr West\Admim\bid documents\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev 05101 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; 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; 00200-Instructions to Bidders REV 04-07 00200-3 F.Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WesMclmimlbid documents\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05/01 i 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 I discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and i 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 I i I 5.01 The date, time, and location for a MANDATORY Pre-Bid conference, if any, are i specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be I present to discuss the Project. Bidders are REQUIRED to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements'may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent-structures or-permanent-changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to PURCHASING (purchasing(a)-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 be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 00200-4 4 00200-Instructions to Bidders REV 007 F:1Public WorksIENGINEERING DIVISION PROJECTSN 123 43rd Ave Sidewalk Improvements 26th St to Airport Dr West\Admim\bid documents\Master Contract Documents100200-Instructions to Bidders REV 04-07.doc Rev.05/01 702 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 00200-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr Wes0Admim\bid documents\Master Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05101 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS i 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 I I 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 j Successful Bidder to submit a substitute, without an increase in the Bid. I 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. i ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate 00200-Instructions to Bidders REV 04-07 00200-6 F•1Public Works\ENGINEERING DIVISION PROJECM1123 43rd Ave Sidewalk Improvements 26th SL to Airport or WestXAdmim\bid documentsWaster Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05/01 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. i 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner f (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. 'I 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. i 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. u 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. f 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. u � 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 00200-7 F"1Public WorksXENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport or WesPAdmimlbid documentsWaster Contract Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05101 �I 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. ; r ARTICLE 15- SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: j A. Itemized Bid Schedule i B. Required Bid security in the form of C. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships i D. Sworn Statement Under the Florida Trench Safety Act I E. Qualifications Questionnaire I I � F. List of Subcontractors G. DBE Forms H. Non-collusion Affidavit 1. Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts J. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— I Primary Covered Transactions j K. Certification of Non Segregation & Non Discrimination L. Buy America Certificate of Compliance i M. Drug free Workplace Certification N. LAP Certification of Capacity/Status of Contracts on Hand O. Certification of Sublet Work A I I I 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 j 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 I 00200-Instructions to Bidders REV 04-07 00200-8 F\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr West\Admim\bid documents\Master Contrail Documents\00200-Instructions to Bidders REV 04-07.doc Rev.05101 I ' i Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID j 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 -OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid I 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. I ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE I 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. ; i i ARTICLE 19-AWARD OF CONTRACT i 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work. 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 00200-Instructions to Bidders REV 04-07 00200-9 HPublic WorkMENGINEERING DIVISION PROJECTSI1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr WestlAdmimlbid documentsSMaster Contract Documentsk00200-Instructions to Bidders REV 04-07.doc Rev 05/01 I 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. j i 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the lowest, responsive, responsible bidder. i 19.07 OWNER has no local ordinance or preferences, as defined in FS 255.0991 (2) in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid. 19.08 Any actual or prospective bidder or proposer who is aggrieved in connection with the bidding and/or selection process may protest to the OWNER's Purchasing Manager. The protest shall be submitted in writing to the Purchasing Manager within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. ARTICLE 20 -CONTRACT SECURITY AND INSURANCE I20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, I 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 r 00200-Instructions to Bidders REV 04-07 00200-10 F1Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bld documents\Master Contract Documents100200-Instructions to Bidders REV 04-07.doc Rev 05101 i SECTION 00300 - Bid Package Contents I THIS PACKAGE CONTAINS: SECTION TITLE SECTION NUMBER Bid Form 00310 I Bid Bond 00430 Sworn Statement Under Section 105.08, Indian River'County Code, on Disclosure of Relationships 00452 I Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 DBE Forms 00470 Non-Collusion Affidavit 00472 ; Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts 00474 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Primary Covered Transactions 00476 Certification of Non Segregation & Non Discrimination 00490 Buy America Certificate of Compliance 00492 ' Drug Free Workplace Certification 00494 LAP Certification of Capacity /Status of Contracts on Hand 00496 Certification of Sublet Work 00500 i SUBMIT(1) ORIGINAL AND (1) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID � I ** END OF SECTION I i 00300-Bid Package Contents-REV 08-10 003001 F:\PublicWorkskENGINEERING DIVISION PROJECTSt1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admlmlbid documentsWaster Contract Documents100300-Bid Package Contents-REV 08-10.doc 1 4 i SECTION 00310 - Bid Form PROJECT IDENTIFICATION: Project Name* 431d AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST County Project Number: 1123 Bid Number: 2017013 Project Address: 43rd Avenue Vero Beach, Florida 32960 Project Description: The project consists of the construction of an 8 foot wide concrete sidewalk along the east side of 43rd Avenue from Aviation Boulevard to Airport Drive West. The sidewalk improvements will be approximately 0.69 miles in length. The work will also include minor shoulder work, ditch grading, drainage piping with drainage structures,signing and pavement markings. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 180027 th Street VERO BEACH, FLORIDA 32960 i 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 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 00310-1 SECTION 00310-Bid Form F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00310-Bid Form REV 04-07.doc i Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions, E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] II a t 00310-2 E SECTION 00310-Bid Form FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00310-Bid Form REV 04-07.doc i? F C I d *ADDENDUM No. 2 11-22-16 ITEMIZED BID SCHEDULE PROJECT NAME: 43rd AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST IRC PROJECT 0- 123, BID NO. 2017013 FM NO.431726-2-68-01 BIDDER'S NAME:. mbun� Un'U"., 101-1 MOBILIZATION LS 1 43,000.- 102-1 -MAINTENANCE OF TRAFFIC LS i 104-1 EROSION AND WATER POLLUTION CONTROL LS 1 110-1-1 CLEARING AND GRUBBING LS 1 2.41'3ZOT 2_'C1 1!SZC,- 120-1 -REGULAR EXCAVATION CY 672 1s.- 120-6 EMBANKMENT COMPACTED IN PLACE) CY 955 21. .- 2-1)()-(()1- *286-2 TURNOUT CONSTRUCTION-ASPHALT REVISED SY 215 Z(P� J(6_7(1),— 425-1-521 INLETS, DT BOT, TYPE C, <10' EA 6 t t -nic.- 425-17601 INLETS, DT BOT, TYPE J, <10' EA 2 430-94-1 DE81LTING PIPE, 0-24" LF 219 2_173-7 "Sc' 430-94-3 DESILTING PIPE, 37-48" LF 282 430-174-115 PIPE CULVERT, ROUND, 15"SD(ACMP) LF 424 . 430-174-118 PIPE CULVERT, ROUND, 18"SQ,(ACMP) LF 282 430-174-118A PIPE CULVERT, ROUND, 18"SD(RCP) LF 56 �A 430-174-124 PIPE CULVERT, ROUND, 24"SD(ACMP) LF 530 Z31`Z() 430-174-148 PIPE CULVERT, ROUND, 48"SD (ACMP) LF 40@P 0 (,az. .""'430-175-115 PIPE CULVERT, ROUND, 15"S/CD(RCP)_._ LF 64 4Z,- -Z(P--9 2 ,- 430-984-123 -430-984-123 MITERED END SECTION, OPTIONAL ROUND, 15"SD EA 4 %'50c'— Coocc .— PEDESTRIAN/BICYCLE RAILING,ALUMINUM ONLY,42", 515-2-311 TYPE I LF 128 2(D,- 520-1-10 CONCRETE CURB &GUTTER,TYPE F REVISED LF 92 Rcn k CONCRETE SIDEWALK AND DRIVEWAYS, 6"THICK 522-2 REVISED SY 2,865 '+o CONC. BUS SHELTER PAD W/REINFORCED STEEL 522-2A ADDED SY 23 to(D.- 52?-2 DETECTABLE WARNINGS SF . 359 570-1-2 PERFORMANCE TURF, SOD (MATCH EXISTING) .SY_ 7,524 700-1-11 SINGLE POST SIGN, F&I, GROUND MOUNT, UP TO 12 SF AS 1 700-1-50 SINGLE POST SIGN_ RELOCATE AS 4 (boo RETRO-REFLECTIVE PAVEMENT MARKERS 706-3 AMBER/AMBER). EA 4 _0 t THERMOPLASTIC, STANDARD,WHITE, SOLID, 12"FOR 711-11-123 CROSSWALK AND ROUNDABOUT REVISED LF 1,206 1.,26 z I OY" REVISIONS PER ADDENDUM No. 2 0031G-3 FAPubfic Works\ENGINEERING DIVISION PROJECTS%l 123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admimkbid documents\Master contract Documents\lternized Bid Schedule ADDENDUM NO 2 11-16-16 ITEMIZED BID SCHEDULE PROJECT NAME: 43rd AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST IRC PROJECT NO: 1123, BID NO. 2017013, FM NO.431725-2-58-01 ri.' J- BIDDER'S NAME:'- "An t 0 THERMOPLASTIC, STANDARD,WHITE, SOLID, 24" FOR 92 14 711-11-125 STOP LINE AND CROSSWALK REVISED LF 3"t 7- THERMOPLASTIC, REFURBISHMENT, WHITE, SOLID, 12" 711-12-123 FOR CROSSWALK OR ROUNDABOUT DELETED 711-16-101 THERMOPLASTIC, STANDARD, WHITE, SOLID, 6" LF 69 711-16-201 THERMOPLASTIC, STANDARD,YELLOW, SOLID, 6" LF 100 tea. 1�1Q SUB-TOTAL OF SIDEWALK IMPROVEMENTS '+' i2-30S.2 14 TRAFFIC SIGNAL IMPROVEMENTS (ADDED) 630-2-11 CONDUIT OPEN TRENCH ADDED LF 90 630-2-14 CONDUIT ABOVE GROUND ADDED LF 46 SIGNAL CABLE (PEDESTRIAN CABLE ADDITION) 632-7-2 ADDED LF 668 635-2-11 PULI-Box ADDED EA 4 646-1-11 ALUMINUM PEDESTAL ADDED EA 4 646-1-60 ALUMINUM PEDESTAL REMOVAL ADDED EA 2 *653-1-11 PEDESTAL SIGNAL 1 WAY ADDED AS 2 653-1-12 PEDESTAL SIGNAL 2 WAY ADDED AS 2 1321 653-1-60 ,PEDESTAL SIGNAL REMOVAL ADDED AS 2 665-1-11 PEDESTRIAN DETECTOR ADDED EA 6 *DUCT SPLIT DUCT AND REMOVE FIBER PULL Box ADDED PI 1 ZIA S-0 SUB-TOTAL OF TRAFFIC SIGNAL IMPROVEMENTS FORCE ACCOUNT 40,000.00 TOTAL PROJECT BID(INCLUDING FORCE ACCOUNT) 43rd AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST TOTAL TOTAL PROJECT BID AMOUNT IN WORDS&8C�"'flCtL 14k&j4A\& NtW'j--", NOTE:15 THEIREJ S A DISCREPANCY BETWEEN THE PLANS(,SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE,THE BID DOCUMENTS WILL GOVERN. LS=Lump Sum CY=Cubic Yard TN=Ton EA=iEath LF=I-inear Foot SY=Square Yard SF=Square Foot AS=Assenhbly PI=Per Installation REVISIONS PER ADDENDUM No. 2 00310-4 F*\Public WorkslENGINEERING DIVISION PROJECTS\1 123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admimlbid documents\Master Contract Documents\ltemized Bid Schedule ADDENDUM NO.2 11-16-16 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct figures I sum. Discrepancies between words and will be resolved in favor of the words.p 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 theP lans. 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.B of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Itemized Bid Schedule B. J Required Bid security in the form of A, r C. ` Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships D. Sworn Statement Under the Florida Trench Safety Act E. a Qualifications Questionnaire F. , List of Subcontractors G. , DBE Forms H. , Non-collusion Affidavit L Certification For Disclosure of Lobbying Activities on Federal-Aid Contracts 00310-5 SECTION 00310-Bid Form F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestWdmim\bid documents\Master Contract Documents\00310-Bid Form REV 04-07.doc J. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary j Exclusion—Primary Covered Transactions K. Certification of Non Segregation & Non Discrimination I I L. Buy America Certificate of Compliance M. Drug free Workplace Certification N. LAP Certification of Capacity/Status of Contracts on Hand j I I O. Certification of Sublet Work 8.01 The terms used in this Bid.with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. i SUBMITTED on 12 - 0 Z- _, 201(p. , ``�� State Contractor License No. �.C��- Z-940J� If Bidder is: An Individual Name (typed or printed): By: (SEAL) i (Individual's signature) Doing business as: I Business address: Phone No.: FAX No.: Email: 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.: Email: A Corporation Corporation Name: e (SEAL) State of Incorporation: _ !!II Type (General Business, Professional, Service, Limited Liability):�' c1a/ 00310-6 SECTION 00310-Bid Form F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WesMdmim\bid documents\Master Contract Documents\00310-Bid Form REV 04-07.doc By (Signature --attach evidence of authority to sign) Name (I:,yped or printed) t Title: - t"c? � •Ii" �� (CORPORATE SEAL) Attest ,�'• <. 1;� i G'�'� (Signature of Corporate Secretary) ' Business address: @ wpsw 0 U \-L M_� � wCo V Phone No.: "Z S64-Iroa FAX Email7—tyV� OV-1 •*- MCgC4i . k - Date of Qualification to do business is d 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.: Email: Joint Venture Name: (SEAL) By: (Signature --attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Email: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) ** END OF SECTION 00310-7 SECTION 00310-Bid Form F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\AdmimWd documents\Master Contract Documents\00310-Bid Form REV 04-07.doc I SIV Indian River County ®� Purchasing Division 180027 th. Street Vero Beach, FL 32960 Phone (772) 226-1416 ADDENDUM NO. 1 Date: November 15, 2016 Project Name: 43rd Avenue Sidewalk Improve ents from Aviation Boulevard to Airport Drive West Bid Number: 2017013 Bid Opening Date: Wednesday, December 7, 2016 at 2:00 p.m. **UPDATED** This addendum is released to extend the due date and provide the pre-bid sign in sheets. Bids are now due on December 7, 2016 by 2:00 p.m. Minutes from the Mandatory Pre-Bid Meeting and updates to the plans will be provided as Addendum #2 as soon as they are available. *************This Addendum must be acknowledged on the bid form and/or by return of this Acknowledgement with your Bid************ Company Name Y0A1 Name: I Title: (Type/ Printed) t Date: Authorized Signature: G- '� tv2•b6 Telephone �� �� � `f Email: - Page 1 of 1 PRE°-BTLD CONFERENCE SIGN-IN_SIIEET :INDIAN:ItIVYE]R:COIJNTY�ENGIINEEPJNG/ROI. WAV PRODUCTION COUNTY ADMINISTRATION ITII,DING� - = Room Al=303 Building;A 431 rd AVENU-E SIDE AT�JK:Il"ROV_ElVIENTS :FROM.AVIATION'BOULEVARD TO"AIRPORT 1RIYE:WEST IRC:P120JECT NiJ.;1123 FM:N0: 43725-2=58=,01 Novei#b&9 ,2' 6 at.10 0Q:A.IYI. _NAME;.. COMEAN.Y:-Bi:ADDRESS:> -= PHONE"#:/:FAX:#G:CEI .# :,. EMAIL;ADDRE5S' RC L/�` �V. �7Z �2 t 7 �� i�?�r XD 0 /1jl� h�� / �ixo►� 1801 09 bT 1l'c��y. cDWJ 1/e� t3cui FL S 6 - 6%8 S -'1 5'65' eA; Z cost �+��'2Cp�1 CCYI.S-�r'vC��'un $c75 " �(•2—• i.�2 � Mat' • GO�''1 '772. 2-L3 , 04-t 00 h�z,�- � ����•sll��rv�,cv � �OrMP\C �L..�� C9�Qs�� ��►�'t- `772- 3�Z® 7�z � bcra��� . §,roe yvvc� to�sfi�uc Cam 1 PRE-BI CONFEREN E SIGN-IIV gHEET INDIAN RIVED,COUNTY ENGINEERING!ROADWAY P.RO]DUCTION .INDIAN:I�IV cR+C_ OUNTY Alb BU�D�TG Room A1;-303,Mlding A 43rd.AVENITE.-SIDEWALK.EVIPRO ENIENTS EROIVI"AVIATION BOIII.EVAIdD TOAIRPORT DRI'U 'VVES7C IRC= 'CE T, NO 11:2'3 431"115- , . , "Noyem`ber'9y 201_b.at 10:00 A:IVI. ' NAME COMPANY&:.ADDRESS : PHONE'.#:%:FAX#:/`GELL#. EMAIL ADDRESS,. . V)eOI r-j "ANSE7,1 1 (2x- erJ(ri r.l E:6440 Cl Y)2-LUo -14.65 acc-lov, coy) JeAr) i- 19--& Puy-eeha V;) 2-2 6 - I �).>F C Ir�gGU•ccy� 7i11..e,k,L 1,,�, ►u 1 //" 2 Indian River Cunt Purchasing Division 1800 27th Street Vero Beach, FL 32960 ADDENDUM NO. 2 Date: November 23, 2016 Project Name: 43"AVENUE SIDEWALK IMPROVEMENTS AVIATION BOULEVARD TO AIRPORT DRIVE WEST BID NO. 2017013 PROJECT No. 1123 FM No. 431725-2-58-01 BID OPENING DATE:Monday, December 12, 2016 at 2:00pm A Mandatory Pre-Bid Conference was held on November 9,2016 in the Public Works Conference Room Al-303 Indian River County Administration Building A,located at 180127th Street,Vero Beach, Florida 32960. The meeting minutes are hereby incorporated into the subject addendum as an attachment. TO ALL PROSPECTIVE BIDDERS: TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or Contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to the Purchasing Department in writing at purchasing@ircgov.com. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten (10) calendar days prior to the date for opening of Bids shall not be answered (Deadline December 21 2016 by Midnight). Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, Florida 32960 prior to the date and time shown above. Late bids will not be opened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER Page 1 of 3 F\Public WorkA ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk impr.,c—rr 26th St.to Airport Dr West\Admh\bid doa cm ts\Adde dums\Addardum No.2 11-I3-2016.duc CLARIFICATIONS/CORRECTIONS/QUESTIONS: 1. The intersection improvements to Aviation Boulevard and 43rd Avenue on Sheet 8 of the Construction Drawings have been revised to include: a The elimination of the south cross walk on Aviation Boulevard crossing 43rd Avenue. ® The Sidewalk Curb Ramps have been modified with additional detail for clarification. Modification of the traffic signal loop system. Pedestrian signals have been included. Sheet 8A provides additional detail to the revisions on Sheet 8. 2. Traffic Signal Improvements as shown on sheet 8A shall conform to Sections 630, 632, 635, 646, 653, 665 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction,July 2016. Payment for the work specified in these items shall be made under: Bid Item No. 630-2-11 CONDUIT OPEN TRENCH—Per Linear Foot Bid Item No. 630-2-14 CUNDUIT ABOVE GROUND- Per Linear Foot Bid Item No. 632-7-2 SIGNAL CABLE{PEDESTRIAN CALBE ADDITION -Per Linear Foot Bid Item No. 635-2-11 PULLBOX- Per Each Bid Item No. 646-1-11 ALUMINUM PEDESTAL-Per Each Bid Item No. 646-1-60 ALUMINUM PEDESTAL REMOVAL- Per Each Bid Item No. 653-1-11 PEDESTAL SIGNAL 1 WAY—Per Assembly Bid Item No. 653-1-12 PEDESTAL SIGNAL 2 WAY—Per Assembly Bid Item No. 653-1-60 PEDESTAL SIGNAL REMOVAL—Per Assembly Bid Item No. 665-1-11 PEDESTRIAN DETECTOR-Per Each Bid Item No. DUCT SPLIT DUCT AND REMOVE FIBER PULL BOX—Per Installation 3. All Detectable Warnings shall be embedded in the concrete. 4. Sheets 8 and 11 of the Construction Drawings has been revised to include two - 15'x 6.5' reinforced concrete pads for future bus shelters. Sheet 6 has been amended to include details for the bus shelter concrete pads. 5. Sheet 10 of the Construction Drawings has been revised to remove the driveway stop bar and stop sign at Station 32+30 from the proposed plans. 6. Sheet 11 of the Construction Drawings have been revised to clarify direction to restore the roadway radius return for Airport Drive West. 7. The Itemized Bid Schedule Section 00310, pages 3 & 4 of the Contract Documents has been revised to reflect revisions to Sheets 6, 7, 8, 8A, 10 and 11 of the Construction Drawings. The revised Itemized Bid Schedule shall supersede the original Itemized Bid Schedule. Attachments: 1. Revised Itemized Bid Schedule Section 00310, pages 3 &4 of the Contract Documents. 2. Revised Sheets 6, 7, 8, 8A, 10 and 11 of the Construction Drawings. 3. Pre-bid Meeting Minutes 11-9-16 with Sign-In-Sheet. Page 2 of 3 P\Public\Vorks\ENGINEEIUNG DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St,to Airpon Dr WesMdmim\bid documcnls\Addendums\Addendum No.2 11-22-2016.doc I � M l m PAYFAIFNT MARX/NG INFORMATION NOTES: �� 1.SIGNS AND PAVEMENT MARKINGS ME TO CONFORM TO THE MMUAL OF UNIFORM TRAFFIC CONTROL DEVICES AND THE INDIAN RIVER COUNTY TYPICAL DRAWINGS FOR ROADWAY SIGNING, STRIPING AND GEOMETRICS. / 2.ALL PAVEMENT MADONCS ME TO CONSIST OF 9D MIL EXTRUDED THERMOPLASTIC. - \ 'IH/CK COI/C.T /5 - 3.HO-D) REFLECTIVE PAVEMENT MARKERS(RPM.)ME 70 CONSIST OF/INCH SO8mo. AT 12'O.L.:IY. UME ]000 PS! MOND-OIRECFIONAL WHITE AND BI-DIRECTIONAL YEL.OW. Rf61R 4 4.RPMx SHALL BE POSITIONED IN ACCOROMCE WITH FDDT INDEX 17352. b S.ALL SIGN POSTS SHA[BE 1-3/4S11-3T4'12 GAUGE GALYANIZED SQUARE DARE WITH OPEN HOLES AND All ANCHOR BASES 51411 BE 2"x2"12 GAUGE GALVAW2E0 SQUARE TUBING WITH'OPEN HOLES. 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REVISION MTE RY INDIAN RIVER COUNTY ®DEPARTMENT OF PUBLIC WORKS M-0.Na011 F.E�zz.>r'wnua_se-o"�3e_s 43RD AVENUE SIDEWALK IMPROVEMENTS ko-aouM 1n-z n is,e KIN leo z>m nncEr n R RfASSEE ��ozs,"„o FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST 19 p ouxunn.-TI,1 u NuuoEu z zs le KnN —I,c.Ieso ENGINEERING DIVISION m uo.NaaJ P.E_ �9E- 1123 SUMMARY72)56 OF QUANTITIES s i BENCHMARK• CiJNST.SKQiIALY Cf4PS.RAVP 11 A I `� I INM e BM086013 r/PF[q-r IIJ///vET£CrABItI I v • I I.. •'� \ SOU ARE CUT IN NORTH END HOWL WA,EVa1Gs 1wr NDDr SO! IIT ' , ITC .SroEHALC - .9 GRAPHIC SC= STA(-J0+04.63,55.10'LT %�'I•3 z. un v vwo eparl 1..a.) CAVST.19 N.A.V.D.BE,EL-23.56 Lr.ACNN/NUV' -- lSb,be91-mlo-eee9l.e P£v£SIRNN/&C)LYE RAROA) r,yAl —..�i.e.— \ fAJT/NO£Y Jd] � �i •11 s . O 1 Fr. GVNST.S/AEWAIK c9R8 LW AV - I RAVP,w CR-L MIN T"T ri ( .j "°`�".tea.., TWr IAAA'E)YAR)V/AGY FVOr/NCIXwxW ._ „. AllW - u•.rw �-11leew .I __ - -:. '_ _ rr.......imre`uu+..P'•.�..eVv_._.�-.- - ._.-._..-. '-`� . �-"��-. 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RenslDx niE INDIAN RIVER COUNTY 43rd AVENUE SIDEWALK IMPROVEMENTS +mrRouu un z 1 Ir m KP leol 1 m slra>:t ®DEPARTMENT OF PUBLIC WORKS �,.�� nm�]ss nss-J-se-° s-:9-n FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST B n0o IPaO w0mwu aon9ix 3 Iu Ie KPH vm0 suck PL u9so ENGINEERING DIVISION k0.NIXON P.L-... 39E r� i 123 SIDEWALK PLAN STA. 0+00 TO STA. 10+00 19 ; ,m ore Puv sunw uro KPN Inz)s0>-eODo i 1 I� I _ i im ' ' CONST. SIDEWALK CURB RAMP, "17 I' s m �� \PLANTER GRAD IC Scuz TYPE CR—F WITH DETECTABLE aQ o 11� Iu I \,T*T ries WARNINGS FDOT INDEX 304 xIW~ o ;I ; I ;e \WODD PO T z m I IZ •\IY/U.G.F. CONST. 29 L.F. ALUM/NUM I h �} %' Q a i \GUY CONST. S/DEWALK CURB PEDESTR/AN B/CYCLE RAIL/NG _ 3 o " I RAMP, TYPE CR—L WITH FOOT INDEX 862— ._,_.— —' 'STOP° _•_ 1` 1 DETECTABLE WARN/NGS INAFFIC BICML BO%\ SIC POSIT{ \' CONC-POLE FDOT INDEX 304 R/WY UNE CONC HDWL "` TIE INTO EXISTING R/SER wic T7BER OPT,C i j 2' 4 G l'P O%OL 60% O I i'� —� ''• CONC EP. ��L LW- FLUME E.P. _______ _______________� _______________—_________-- s I I I © I WHITE LL LOWER TRAFFIC BOX - WHITE LL 5'x5'LANDING 5'x5' LAND/NG I I AS NEEDED TO MEET t 1 DBL YELLOW LL _ I D: i Ii WHITE LLL NEW CURB RAMP ,_ f — SHO AYENU£ J111 a 'Y ` i� I OBL YELLOW LL i Dnc T urnc MOPULL BOX VE WHITE LL O IO0 scNAL Dox_ /f00 RESPLIT DUCT FIBER CC ' - - -- -- -------------- ---- —-------- EP.___________ --_________� TRAFFIC iC � �• C.P SIGNAL I 1. PA I © f OF SURYEY F 5'x5' LAND/NG BD% CONST. S/DEWALK CURB RAMP, \ C �o�s-WALK •TRAFFc slcnAL Doz 3 TYPE CR—F WITH DETECTABLE `�`\ STOP "T: CAT&T M.N- WARNINGS FOOT INDEX 304 i .. IN ELECTRIC ULL Box - e - - - - i t s i x i I PLANTERR/Y LIN'CONST59L.FE ALUM I IIa t aII Ia cRNc TAT CONSTS/DEWALK CURB PEDESTRIAIV81CYCLE RAIL/NG RISER RAMP, TYPE CR—L WITH FOOT INDEX 862 j 12 F DETECTABLE WARN/NGS � THICKEN CONCRETE AT I/ANORA/L2 11 x I I 8 MOT INDEX 304 Qtl I I ti I I I II _ _ PER F.D.O.T. SPECIFICATIONS LINE /Wy — — — NE 3 NOTE.• VIDEO DETECTION TO BE TY INTO EX/ST/NG CONDO/T DONE BY OTHERS AND I - W - ----- ;� --- COORDINATED W/TH THE /ND/AN ! I I I I I j y g ALYJENDUAI NO. RIVER COUNTY TRAFFIC DIVISION 2 NO _ RenslGx A][ INDIAN RIVER DOUNTT o m D.rvttON P.En,ze^'L "" 43rd AVENUE SIDEWALK IMPROVEMENTS ' an,z)IH s1RLLT ®DEPARTMENT OF PUBLIC WORKS s-z°-Is FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST 8A _0 I-01.,i M. ENGINEERING DIVISION 0.Nttdi P.E ase 1123� SIDEWALK PLAN STA. 0+00 TO STA. 10+00 19 OD MS SNEeI 1 5 6 [Rf (]]37 Sa)-BDDD L MATCHL/NE STA: 22400 ®® MATCHUNE STA: 28400 I :-:1 I,' o Y"C^7 � I'�� ��!I I j ImyjZm m\"•A ,P.B 11 PG 16 ��ll � R I leo - I �bN D f jxot 9'59 $8 I�� t I.x^ _� ���.§ �•I� t RAN _' I = i a�I I w���"�8g� i9 II lil I I I'Siro$ r�e --- f x I I F ------ ----41 kl I j i)I R 8�Eq I •t. 6p•. I � It I z i P. t Pc.tl �.1u.P.0 >^��"' I It• !If I I �I .p o I+ 1 _ hp $IF £ ' ittt�b I 9 S >�+• a� "`j{s 1 I' I 2 qq ! I ! xg h •e�i �I I -k! at9�! ,}I� IRA .,g 1 = fc I; `a. 1 � c:E"4" � 8!E t• E: IL P I/ ® ! f b Ij ail I - Ir- t I •� '�^ 5599 �'I1 I S I„ y' I �AW �1 _..�' iA � I' `` L 1 ����"•�hl '19 I � �� II Uzi rr Y � , pp I I� •I' •�` I Dmz , � :' I I)� �± E:ii, I I tiNo�.>I� : f._, ' t` I'1 gg y�} I-I.i,l'.•.,u. a<o z E•r'9 ..i 3 I�•�� I I 'i. I A !": �!I a$ � I;I lit Imo'' ^q »)1111 [ `I F t i i l l MATCHL/NE STA: 28,100 p MATCHL/NE STA. 34400 �ROx CONSTRUCTION TdAVE, UE 5) ,M —M 36429 r ti ----sL c4j " -7z�— ----------- tr ajml��A " LL ZW Rnw 64 tf f5'Rt7 X W If. &AM:ME 3, BMOB020 'X'IN TOP FLANGE N BOLT FH STA 35+40.07,41.53'RT N.A.V.D.BB,F1=23.63' S7ROSf�KEY QQ J le'SdID—ow K It 43rd AVENUE 3111111 IMPROVEMENTS A No.2— f INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS FROM AVIATION BOULEVARD AIRPORT DRIVE WEST la No RI a Inxox P.c� DSE 1123 SIDEWALK PLAN STA. o TO STA. 38+00 19 6 Joo_N—. —ING -,2, i KPH VCAO mH.m .—1———1— ENGINEERING DIVISION ),N,No,-U—C W.M Board of County Commissioners qy 18012`71h Street Vero Beach, Florida 32960-3365 COBIpt' Telephone: (772) 567-8000 Fax: (772) 778-9391 PRE-BID MEETING MINUTES NOVEMBER 9,2016, 10:00 A.M. INDIAN RIVER COUNTY ADMINISTRATION BUILDING Room Al-303 Building A Project Name: 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST Project Number: IRC 1123 Bid Number: 2017013 FM No.431725-2-58-01 INTRODUCTIONS/SIGN IN SHEET This is a PRE-BID MEETING;Attendance at this conference by all bidders is MANDATORY. Bidders must sign in before 10:00am to receive credit for attending. See attached Sign-in sheet for attendees. PROJECT DESCRIPTION: The project consists of the construction of an 8-foot-wide concrete sidewalk along the east side of 43rd Avenue from Aviation Boulevard to Airport Drive West. The sidewalk improvements will be approximately 0.69 miles in length. The work will also include minor shoulder work, ditch grading, drainage piping with drainage structures,signing and pavement markings. This project is Federally funded grant through the Florida Department of Transportation Local Agency Program (LAP). CONTRACT DETAILS Bid opening:Wednesday, November 23,2016 at 2:00 PM (Has been revised to December 7,2016) Contract time: 120 days to substantial completion 150 days to final completion Estimate: $548,716.90 Liquidated Damages:$1,584.00 per day CONTACTS BIDDING PROCESS All communications concerning this bid shall be directed to Indian River County Purchasing Division at purchasing(@ircgov.com PROJECT CONSULTANTS: In-house design, Indian River County Engineering Division P:%Public Warks\ENGINEERTNO DIVISION PROJECTS\1 123 43rd Ave Sidewalk Improvements 26th St.to lkirporl Dr West\Admim\Nfeetings\Pre-Bid\Pre-bid Meeting Minutes 11-9-16.doc UTILITIES Florida Power and Light, Co ATT IRC Utilities Comcast Cable Communications, Inc. Other coordination: IRC Traffic Engineering OTHER ISSUES • Maintenance of Traffic: o Contractor shall submit a Maintenance of Traffic Plan to the Indian River County, Engineering Division for approval. o Access for school, businesses and residences shall be maintained at all times. o Traffic shall be maintained at all times. o The Maintenance of Traffic Plan shall meet the FDOT Index 600,July 2016 edition. • Environmental permit StJohns River Water Management District is exempt. • Sidewalk—true 6" concrete, 2% max slope(no tolerance). • Testing per-FDOT specifications. (Andersen Andre Consulting Engineers, Inc.). • Curb cut ramps in accordance with FDOT Index.(See revised plans in Addendum No.2) • School buses,sanitation &US Postal Service must be maintained. • Addendums—review and comment as soon as possible, no further comments or questions 10 days prior to bid opening(Has been revised to Sunday,November 27, 2016). • There will be revisions to the intersection of 43rd Ave./Aviation Blvd.in an addendum No.2. • Bid opening will be extended to December 7,2016.(See attached Addendum No.1) FEDERAL REQ=EMEMTS: • Invoicing. • Indian River County (IRC)is required to satisfy the Federal reporting requirements for this project, such as employment reporting,for both Contractor and all Subcontractors. • In order to be eligible for reimbursement by FDOT/FHWA, IRC must comply with all applicable procedures,standards and directives as described in the FDOT Local Agency Program Manual and the Florida Department of Transportation,Equal Employment Opportunity Construction Contract Compliance Manual,August 17, 2016. • Contractors must meet deadlines in order to be in compliance. All deadlines are strictly enforced or reimbursements cannot be made. • All required forms must be completed and on time or payment could be withheld. • Job Site Bulletin Board is required to be maintained until project is completed.The bulletin board information will be provided by the FDOT. The Contractor is required to properly display and maintain the bulletin board information. • Summary of required contractor form submittals checklist(Section 200-8 in contract documents). • Current Wage Determination.* Please Note Common/General Laborer Rates. The Wage Determination provided in the Bid Documents are current as of this date. If changes to the Wage Determination occur, an updated copy will be sent out in an addendum. (County will verify latest Wage Rates—will send out in addendum if different). • Florida Department of Transportation, Equal Employment Opportunity construction Contract Compliance Manual, August 17, 2016. Available on website: http://www.dot.state.fl.us/equalopportunityoffice/ContractComplianceWorkbook.shtm F3Publie Works\ENGINEERING DIVISION PRO.IECT3\1123=43rd Ave Sidewalk Improvements 261h St.to Airport Dr West\Acbnim\Meetings\Pt�-Bid\Prc-bid Meeting Minutes 11-9-16.doc DISCUSSION • There will be a change in project management at the end of the month as Michael Nixon will be retiring. The new project manager will be either James Ennis or another engineer. • The Maintenance of Traffic Plan shall be submitted prior to the Pre-Construction Meeting so that it can be approved and the Notice to Proceed can be issued immediately after. The sidewalk slope shall not exceed 2%. F.D.O.T. will require any sidewalk exceeding this to be removed and replaced to meet ADA requirements. • Curb ramps shall be in compliance with the F.D.O.T. Index 304 and only embedded Detectable Warnings shall be used. • Pavement markings will be part of this project as shown on the plans. An addendum will be sent out that pertains to some changes in the curb ramps at the intersection of 43rd Avenue and Aviation Boulevard and that may affect the intersection and also may delay the bid opening. • A construction schedule shall be submitted prior to the Notice to Proceed or as a condition to the Notice to Proceed prior to any work commencing. A bar type chart is acceptable. • Shop drawings should be submitted as soon as possible to the County for approval so thatthere are no delays in the commencement of work. • Silt fence and other pollution prevention measures shall be implemented as needed to comply with all necessary requirements as specified in the plans and contract. All questions shall be directed to the Purchasing Division purchasing@ircgov.com up until the deadline for the questions. • After the bid is awarded, questions about compliance can be directed to the County Senior Stormwater Inspector and Enforcement Coordinator, Todd Tardif at 772-473-0666 or ttardif(@ircgov.com. • Sheet 11 of the Construction Drawings have been revised to clarify direction to restore the roadway radius return for Airport Drive West. ATrACHED:Sign in Sheet F-Tublir Works"ENGINEERING DIVISION PROJECTSU123 43rd Ave Sidewatk Improvements;26th St.to Airport Dr Wes Mdni im\,tyj ecti ngs\Pre-B id\Pre-bid meeting Minutes II-9-16.doc PRE-B-IR O OON 'ERENCE SIGN-IN SHMET • IAI�_RYVR: OTNTY::EI�IJ[rdERlI�TG;/JROAI)' A'Y 1P'I2JDUCTIGrd - �. DL RIPER:Po Y, ZQN' iTILD1NG 4 .3 0- $uild_,iug A ra ALI IIVYP O: :E.MA ' -s�E�v- v ,. .:. RvE F]Et4;1VJ[; iVgA'1'II =BQIT: EAR7D'='I`.O ALEtPORT DI. ... . WIEST -PROJECT III 1A VC - T:. .. T1V�I:N (j::4yy31725jy=2-58=o1AA N�V =,:4016$!!;- Lj:� i.; `: z EOMEAN 21&ADDRESS 1r�h��lixa� lS�i a� ST ! I`c� ay. CD1 leer d lcu�i�t F(- �(� Lt70 GGOACe�SErucfi44 �il�•eG0�) CO?S'f''U C E��v�1 '3cJ�'^ .��2" t 2 2 � ��}-iyar`,Q. Gd n't M i ueu Fert)an fi z tl admen Po5e— NOD avi ds 1��� hr�n e rad �•s<l�ra� c� rr) 7a-ST7-69,73 ° S� Z-,udra� AIA 019il 772- 3,.,L- Ibc"0" 1 INDIAN-}2I :CC). 'TY' IIV_.E_ ERIl�TG J-. IO A`Y;' 2 1 T7C I'�.PI 1'A - i k-tobNT- -: 'D.1VIIlYia�T'RA:TION': M—DING;`, E .. -- - - - - '•Ro:. :A1�303'=B tId'iii" - . it - .,E. --�.` - 3..;- A''tom. -.,�. - - - �-'� - j'. ij�� Q. ' •,t'.,' ', '.'VrIJ _ :ION.B��U �EVARb,'�' '�. _�IV�.. 725`-2 ���F:IV�.`1v '00:0 f°•t,:... �:' :' =::� ONE#�_%;FA7_#-%CEVL:# EIVTAIL�:ADDRESS= !COIVIPANY:, _&ADDRESS; i veil I-S 14r..� I Q,C, eH(wt.t i acc--4ov. k)/Y1 � 3 F- f\,)ts :QC—���-,�.x a Tui � � Zzfo 12Z I 'rylt SCD L DU. Oc - � t -- e�' rd's 2 I SECTION 00430 i AIA DOCUMENT A310 BID BOND � The Contractor shall use the document form entitled "AIA Document A310 Bid Bond." i I 1 END OF SECTION i i i i i 1 00430-Bid Bond REV 04-07 00430-1 P\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk improvements 26th St to Airport Dr WesMcImimlbid documentsWaster Contract Documents\00430-Bid Bond REV 04-07.doc Rev.05/01 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. 2017013 for 431 AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST—IRC NO. 1123 i 2. This sworn statement is submitted by: -,t— (Name of entity submitting Statement) whose business address is: o �,� �� 4k30�7& Z 3. My name isa (Pl se print name of individual signing) I and my relationship to the entity named above is CA MN`6, 4. 1 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. 1 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\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00452 Disclosure of Relationships.doc The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature) (Date) STATE OF VL COUNTY OF 0 The foregoing instrument was acknowledged before me this 1 - day ofb e-v'- 204, by -- ,who isel erso_nalLy_ n to me or who has produced as identification. NOTARY PUBLIC I ' SIGN: PRINT: tv-la" jL� Notary Public, State at large My Commission Expires:Lt . (Seal) =o<tpvP�o`� DEBORAH WEST 1 d.1 NY COMMISSION#FF904578 EXPIRES:Octo6.03,2019 00452-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00452 Disclosure of Relationships.doc SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM DUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE i 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.1123 for 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST 2. This Sworn Statement is submitted by (Legal Na a of Entity Submitting Sworn Stat ent) i hereinafter "BIDDER". The BJ ER's address is _ BIDDER's Federal Em loyer.ldentification Number(FEIN) is w 00113 4-L 'Z...- . 3. My name isand my relationship to the BIDDER (Print Na e o Individual Signing) is o �S "T- (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$ (� �- 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: i 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. 7. The BIDDER has allocated and included in its bid the total amount of$_ �� .-- 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: = I rD-4C 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 00454-Florida Trench Safety Act-REV 04-07 00454-1 , F:%Public Wori<s1ENGINEERING DIVISION PROJECTS\t 123 43rd Ave Sidewalk Improvements 26th St.to Airport Or WestWdmimlbid documents%Master Contract Dowments100454-Florida Trench Safety Act-REV 04-07.doc i ENGINEER for accuracy, completeness or any other purpose. The OVVNER 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: �� _ By: Position or Title: � ,� .a -_�� ,,, Date: STATE OF�pWV�- COUNTY OF Lar, l I� Personally appeared before me, the undersigned authority, whoafter first be" g sworn by me, affixed hg signature in the space ovided above on this G— day of ,, Qtp rr1Ap, 20 . <--mk)c Nota u State at large =°` YFU DEBORAH"BEST My Commis on Expires: � o MY COMMISSION#FF904575 9�OF J! EXPIRES.October 03,2019 I,D 'aS ** END OF SECTION I I r - I i 00454-Florida Trench Safety Act-REV 04-07 00454-2 FAIDublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport or WesbAdmimlbid documenlsWasler Contract Documentsk00454-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: 1123 Project Name: 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST 1. Bidder's Name 1 Address: —y(-CiJl� l t t NJ Z 2. Bidder's Telephone & FAX Numbers:"1-12- . 3. Licensing and Corporate Status: a. Is Contractor License current? b. Bidder's Contractor License No: [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: ' 5. What is the last project OF THIS NATURE that the firm has completed? — 6. Has the firm ever failed to complete work awarded to you? [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? [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 00456-Qualifications Questionnaire 00456-I P\Public WorWENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St,to Airport Dr West\AdmimUd documents\Master Contract Documents\00456-Qualifications Questionnaire.doc i [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.] 9. Has the firm ever been charged with noncompliance of any public policy or rules? [If your answer is "yes", then attach a separate page to this questionnaire that explains 1 the circumstances and list the project name, Owner, and the Owner's telephone number i 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? _ [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 12. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. ✓ 13. Name of person who inspected the site of the proposed work for the firm: Name: -J0Y'",8J�V rte- Date of Inspections: �a „l(p 14. Name of on-site Project Foreman: \JioMa,8PoPr_ Number of years of experience with similar projects as a Project Foreman: 15. Name of Project Manager: *t(,,, i I Number of years of experience with similar projects as a Project Manager: 13 16. State your total bonding capacity: W AAt Lb cl, �17. State our bonding capacity per Job: U Vbn 18. Please provide name, address, telephone number, and contact person of your bonding company: l 3 I [The remainder of this page was left blank intentionally] W,71 : 00456-Qualifications Questionnaire 00456-2 F\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th Sl.to Airport Dr West\Admim\bid documentsWasler Contract Documents\00456-Qualifications Questionnaire.doc i 19. Complete the following table for SIMILAR projects: Date Contact Person: Name/ Original Contract Final Contract Name of Project Completed Owner Email Address/Phone Amount Amount PcVr,5 py r kms. Lc 02-q �5-ouc 2.?�0 . 02 1ZZ1 v -f Wom. �•CLv �� C-aa�t � ���'(�Nl� cbv 00456-Qualifications Questionnaire 00456-3 P:\Public Works\ENGINEERING DIVISION PROJECTSM23 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00456-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 conic-adtgj-.] (Signature) (Position or Title) (Date) ** END OF SECTION 11 i I I I i i i I I I i I 00456-Qualifications Questionnaire 00456-4 F\Public Works\ENGINEERING DIVISION PROJECTS\i 123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr Wes0Admlm\bid documents\tvtasler Contract Documents\00456-Qualifications Questionnaire.doc SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and addressaof 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. 1123 for 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST Work to be Performed Subcontractor's Name/Address 1. Poi5o Cans' Q1� 3 r a 'fit. .ct'�n 3. 4. 5 6. 7. 8. i 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 00458-1 I'APublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or West\Admim\bid documents\Master Contract Documents\00456-List of Subcontractors REV 04-07.doc 11 f' it r, I; N STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11 DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OFFICE 10/14 Page 7 of 9 DBE Utilization The Department began its DBE race neutral program January 1,2000. Contract specific goals are not placed on Federallstate contracts; however, the Department has an overall 9.91% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor's DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs. Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBE's. ! I Please contact the Equal Opportunity Office at(850)414-4747 if you have any questions regarding this information. Forms may be downloaded at:www.dot.state.fl.us/proceduraidocuments]. DBE Reporting If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance system prior to the pre-construction or pre-work conference for all federal and state funded projects. This will not become a mandatory part of the contract it will assist the Department in tracking _ and reporting planned or estimated DBE utilization. D_ uring the contract, the prime contractor is required _ to report actual payments to DBE and MBE subcontractors through the web-based Equal Opportunity Compliance(EOC)system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative, If you have any questions, please contact EOOHelp@dot.state.fl.us. Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non-DBEs. Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3 business days of submission of the bid or proposal for ALL subcontractors or sub-consultants who quoted i to you for specific/project for this letting. The web address to-the Equal Opportunity Compliance system is: hftps://www3.dot.state.fl.us/EqualOpportu nityCompliance/Account.aspx/Logln?ReturnU rl=%2fEgualOppor tunityCompliance%2f. i I .00470-1 (i t STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11 DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OFFIOE 10!14 Vaae- —Of 9 DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-1113) on file with the FDOT Equal Opportunity Office before execution of a contract. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract.. Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company's DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Pian and/or a change in the designated DBE Liaison officer as follows: • Print the first page of the document on company stationery ("letterhead") that Indicates the company's name, mailing address, phone number,etc. r Print the company's name in the"_"space; next to"Date"print the month/day/year the policy is being signed; record the signature of the company's Chief Executive Officer, President or Chairperson in the space next to"by" and print the full first and last name and position title of the official signing the policy. • Print the DBE Liaison's full name, email address, business mailing address and phone number the bottom of email. E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.H.us. The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor. • I i 00470-F STATE OF FLORIDADEPARTMENTOFTRANSPORTATION 2T6-030-11 i; ANTICIPATED DBE PARTICIPATION STATEMENT EQUAL OPPORTUNITY OFFIGE 03I11 , pager 3 of 9 la . 1.FINANCIAL PROJECT NO. 2, FAP NO, 3. CONTRACT NO. 4.COUNTY IES 5,DISTRICT S.PRIME CONTRACTOR NAME 7.FEID NUMBER B. CONTRACCTp DOLLAR AMOUNT 9. REVISION? IF YES,REVISION NUMBER: 4c !j I k r "�q 10. IS THE PRIME CONTRACTOR A FLORIDA 11. IS THE WORK OF THIS CONTRACT CERTIFIED"DBE"?(DISADVANTAGED �"NO CONSTRUCTION OR MAINTENANCE 07 BUSINESS ENTERPRISE) ❑ YES 12.ANTICIPATED DBE SUBCONTRACTS: PERCENT OF DBE SUBCONTRACTOR or SVPPLIER TYPE OF WORK/SPECIALTY DOLLAR AMOUNT CONTRACT DOLLARS A ! g 1 C 1 i D E • 12F TOTAL DOLLARS TO 120 TOTAL.PERCENT O9E'S OF CONTRACT i 13.SUBMITTED BY _.._._ 94,DATE 15.TITLE QF SUBMITTER .--�-t (� _► _ x xz, T{- 16,EEMAAIL'ADDD�DRk SOF S�U^,BMITTER 17.FAX NUMBtE�R^°'y 18�.PHONE NUMBER y� NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL STATE AND FEDERALLY FUNDED FDOT CONTRACTS. THE ANTICIPATED USE AMOUNT IS VOLUNTARY AND WILL. NOT BECOME A PART OF THE CONTRACTUAL TERMS.THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION OR PRE WORK CONFERENCE.FDOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY 00FICE, I i THE FOLLOWING SECTIONS ARE FOR FDOT USE i9.PROCESSED BY 20.DATE TO EO OFFICE 21.LETINR DATE 22.EXECUTED DATE 23.PRECON CONF DATE DLST 24.SUBMITTEDTOEO ❑ FAX ❑ EMAIL BY ❑ SHARED FOLDER Ep 25,INCLUDEB IN DBE PARIICIPATION REPORT OF ODN OFG _0.0470-3 i II � it , ' I zr5•a3o.» I EQUAL OPPORTUNITY OFFICE I 03111 Page 4 of 9- Equal Opportunity Reporting System Information To comply with changes in the Disadvantaged Business Enterprise(DBE)Program,the Department is collecting both actual payments made to subcontractors and sub-consultants,and DBE commitment amounts.Actual payments will be collected through the web-based Equal Opportunity Reporting System (FORS)and commitments will be collected through the Anticipated DBE Participation Statements. I It is extremely important that you continue to submit the Anticipated DBE Participation Statement at the pre-constructlon conference for all federal and state funded projects. This primary information is used by the State and Federal Government to evaluate our performance in the DBE Program. in addition for federal and state funded projects,You must also report actual payments in the Equal Opportunity Reporting System. Revisions were made to the specifications beginning with the October 2000 letting that states in section 9-8.7: The Contractor is required to report monthly,through the Department's Equal Opportunity Reporting System an the Internet at www.dot,state.fl.us,actual payments,retainage,minority status,and the work type of all subcontractors and suppliers. 1 Since the specifications were revised,we have made some additional modifications to ease the burden on the contractor. We will pursue making the permanent modifications to the specifications. In the interim,each month you must report actual payments to all DBE subcontractors,sub-consultants and suppliers. Payments to all non-DBE subcontractors and sub-consultants will need to be reported either monthly or at the end of the proiect, Payments to non-DBE suppliers need I not be reported at all. This information can be submitted in hard copy form,If necessary. Instructions for accessing the EORS are included. if you have any questions, please contact the Equal Opportunity office at(850)414-4747. ' INSTRUCTIONS FOR ACCESSING THE ; EQUAL OPPORTUNITY REPORTING SYSTEM I Purpose The Florida Department of Transportation,Equal Opportunity Office has been charged with requirements of reporting Disadvantaged Business Enterprise Information to the U.S. Department of Transportation, Federal Highway Administration(FHWA)according to the new 49 Code of Federal Regulations Part 25. The Equal Opportunity Reporting i system was developed as a solution to collect this Information. Objective The Equal Opportunity Reporting system will collect information of actual payments and-retainage paid to the Prime Consultant/Contractor by the Department of Transportation and the Prime Consultant/Contractors actual payments and retainage paid to their subs and suppliers,by the type of work they performed. The reporting of this Information will be performed by the Prime on a monthly basis for an invoice or estimate number per contract. To establish access to the new Equal Opportunity Reporting System(BizWeb), contact Business Innovations Plus toll-free at 1-877-249-8725. The site location is http:!/www.bipincwebapps.com/bizwebfloridai 00470-4 i I 275-03t)1 i EQUAL OPPORTUNnY OFFICE Page 5"U 9 INSTRUCTIONS FOR COMPLETING DBEIAA PLAN NOTE: THE DBE/AA PLAN MUST BE APPROVED BY THE EQUAL OPPORTUNITY OFFICE AND COMPLETED IN ACCORDANCE WITH CHAPTER 14-78,FLORIDA ADMINISTRATIVE CODE I DBIEIAA PLANS I DBE/AA Pians must be submitted by the prime contractor,be submitted on company letterhead(first page only), signed by a company official,dated and contain all elements of an effective OSE/AA Plan(sample enclosed), i Pians that do not meet these mandatory requirements may not be approved. Approvals are for a(3)three year period and should be updated at anytime there Is a change in the company's DBE Liaison Officer and/or President. I r DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract. MAIL PLANS TO: I Florida Department of Transportation Equal Opportunity Office j 605 Suwannee Street,MS 65 Tallahassee,Florida 32398-0450 Questions concerning the DBE/AA Plan may be directed to the Contract Compliance Section by calling (850)414- 4747. I I i j I i i I 00470-5 i I I z76-o3a�t � EQUAL OPPORTUNITY OFFICE 03!11 P a§i��'6 of 9 � i i � � I DBE AFFIRMATIVE ACTION PLAN , POLICY STATEMENT j I Itis the policy of n,"Z�—o that disadvantaged,businesses, i as defined by 49 CFR Part 26,Sul)phH D and implemented under R1) Chapter 14-78,F.A.C.,shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation. The requirements of Rule Chapter 14-78,F;A.C.,sh I apply to all 9,ontracts entered into between the Florida Department of Transportation ander . Subcontractors and/or suppliers to d "�Lv will also be bound by the requirements of Rule Gl5apter 14-78 F.A.C. and it's subcontractors shall fake all necessary and reasona&steps In accordance with Chai3lWr 14-78, F.A.C.,to ensure{hat disadvantaged businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation. t ,and Its subcontractors shall not discriminate on the bas"f race,color,religion,national origin,disability,sex,or age in the administration of contracts with the Department of Transportation. i has designated and appointed a Liaison Officer to develop,maintilin,and monitor the DBE AfOrmatt,7 Action flan implementation. The Llalson Officer will be responsible for disseminating this policy statement throughout and to disadvantaged controlled businesses. The statement is posted on notice boards of the Company. X President X Date I i (i 00470-6 1 275-030-11 EQUAL OPPORTUNITY OFFICE 03!11 Page 7 of 9 I. DESIGNATION OF LIAISON OFFICER `ii �_Vo� 0 1c \ Z h will aggressively recruit disadvantaged j businesses as subcontr" t&s and suppliers for all contracts with the Florida Department of Transportation. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance with the requirements j of Rule Chapter 14-78,F.A.C. The Liaison Officerwill have primary responsibility for developing,maintaining,and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific duties: (1) The Liaison Officer shall aggressively solicit bids from disadvantaged business subcontractors for all Florida Department of Transportation contracts; (2) The Liaison Officer will submit all records,reports,and documents required by the Florida Department of Transportation,and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of the Florida Department of Transportation. i The following Individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of the Florida Department Transportation. (Liaison Officer's Name)`"T—%VVro - (Your Company's Name�'C YVA (Your Company's Address)t`�SSW Q1c b*Lc � t�� \AB 32-`1(o2, I (Phone Number for Liaison Officer) '1""12 Ut -k IT 6b (Enter FEIN or Tax Id Number) il, AFFIRMATIVE ACTiON METHODS In order to formulate a realistic Affirmative Action Plan, WVbA 11�hm�QAA&Lk has identlfled the following known barriers to participation by disadvantaged s contractors,before descrl g its proposed affirmative action methods: 1. Lack of qualified disadvantaged subcontractors in our specific geographical areas of work; 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation work; 3. Lack of interest in performing on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of Florida Department of Transportation plans and specifications to prepare a responsible bid. �In view of h arrlers to. isadvantag d businesses stated above,it shall be the policy of " to provide opportunity by utilizing the following affirmative action mNdO s to t�sure partic' otic on the contracts with the Florida Department of Transportation. will: 1, Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the Company; 2, Advertise in minority focused media concerning.subcontract opportunities with the Company; 3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting contract goals(including,where appropriate,breaking down contracts into economically feasible units to facilitate DBE participation); 00470-7 I i i 275-030-11 � EQUAL OPPORTUNITY OFFICE Page 8Qjof 9 4. Provide adequate information about the plans,specifications,and requirements of the contract, not rejecting subcontractors without sound reasons based on a thorough investigation oflheir capabilities; • I 5. Waive requirements of performance bonds where it is practical to do so; 6. Attend pre-bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on Initial solicitations of Interest to DBE subcontractors to determine with certainty whether the DBE company Is Interested in the subcontract opportunity. C.t, understands that this list of affirmative action methods Is not exhaustIO hrid will include additional appy hes after having established familiarity with the disadvantaged subcontracting community and/or determined the stated approaches to be Ineffective. III. IMPLEMENTATION, On contracts with specific DBE goals, 0i will make every effort to meet contract goals as stated by uti i g its affirmative action methods On projects with no specific goals,the Company will,as an expression of good falth,seek to utilize DBE,ubcontractors where work is to be i subcontracted. I iV. REPORTING0,S_� and maintaln such records as are necessary to determinli the Company' ..s compliance with Its E Affirmative Action Plan, j The Company will design its record keeping system to indicate, i= 1. The number of DBE subcontractors and suppliers used by the Company,identifying the items of work, materials and services provided; . i 2, The efforts and progress being made in obtaining DBE subcontractors through local and community sources; 3. Documentation of all contracts,to Include correspondence,telephone calls,newspaper advertisements,etc., to obtain DBE participation on all Florida Departmeht of Transportation projects; 4. The Company shall comply with Florida Department of Transportation's requirements regarding payments to sUbcQntractors including DBEs for each (month(estimate period)In which the companies have worked. V. DCBE DIRECTO t .- will utilize the QBE Directory published by the Florida bepartme o Transportation. The Company will distribute Form Number 275-03001,Schedule A Certification Form Number 1,to potential DBE contractors and assist in their completion. I 00470-8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 27�D3o-11 CONSTRUCTiON CONTRACTORS EQUAL OPPOfiTUNfTYOFFICE D3/11 Bib OPPORTUNITY LIST Page 9 of 9 Please complete and mail or fax to, Equal Opportunity Office 605 Suwannee St., MS 65 Tallahassee, FL 32399-0450 TELEPHONE: (850)414-4747 FAX: (850)414-4879 This information may also be included in your bid or proposal package. i I Prime Contractor/Consultant: \ Address/Telephone Number: _-41, 73 ZKoZ Bid/Proposal Number : 2cr.)n by5 Quote Submitted MMIYR: �Z- •��,� 49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a"bid opportunity list."The list is intended to be a listing of all firms that are participating,or attempting to participate,on DOT-assisted contracts.The list must include all firms that bid on prime contracts,or bid or quote subcontracts and materials supplies on DOT-assisted projects,including both DBEs and non-DBEs.For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project.Prime contractors and consultants must provide information for Nos.1,2,3 and 4 and should provide any information they have available on i Numbers 5,6,7, and 8 for themselves, and their subcontractors and subconsultants. 1. Federal Ta ID Nu b rga �' 6. DBE 8. Annual Gross Receipts 2. Firm Name. '�t> c�t . Y Nan-DBE Less than$1 million 3. Phone: "I 1 �} is^ 0 N Between$1 -$5 million 4. d ress:-_ ❑ Between$5-$10 million 7. ( Subcontractor ❑ Between$10-$15 million �Zl z ❑ Subconsultant ❑ More than$15 million 5. 'Year Firm Established-, �. 1. Federal Tax ID Number. -A3\$UM 6. C1 DBE 8. Annual Gross Receipts 2. Firm Non-DBE CR Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million Z%17. ® Subcontractor F1Between$10-$15 million t t=l- IAA f-A ❑ Subconsultant ❑ More than$15 million � 5. Year Firm Established: I 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million i 3. Phone: ❑ Between $1 -$5 million i 4. Address: ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million [] Subconsultant ❑ More than$15 million 5. Year Firm Established: T i i 00478-9 i SECTION 00472 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of VALID } County of being first duly sworn, disposes and says that: (Name/so 7. They ar ., l.cc - of � � the Bidder that (Title) e of (NamCompany) has submitted the attached bid; 2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) iv (Title) STATE OF FLORIDA } COUNTY OF INDIAN RIVER}SS: The foregoing instrument was acknowledged before me this y (Date) b : � � � � who is,�ersopallylcno�wn to me or who has produced as identification and who did(did not)take an oath." rrae�rat�� � Wt+�tk�0 >'Y F� ��. DEB® WEST otary(print& sign name) L MY COMMISSION#FF904578 Commission No.-CI o rXp1YES.October 03,2019 ��OF FLOP lR.fl+r�+ft�'iS'43t!`c.YfyfF3�.h5'�;, I, 00472-1 F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00472-NONCOLLUSION AFFIDAVIT OF PRIME BIDDER.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 I CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT T i Deo, ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) i The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: I (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to I any person for influencing or attempting to influence an officer or employee of any federal agency, a l Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and I submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Business _tom . 61 / By: AWO Date: 1 Authorized Signature. Title: )" I i I 00474-1 i I F:\Public Works\ENGINEERING DIVISION PROJECTS\1 12343rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00474-CERTIFICATION for DISCLOSURE OF LOBBYING i ACTIVITIES.doc i I TATE OF FLG1-UDA FPARTAIQ•IT OF Tr'2MSPORTATION r .'.75-0.0-.'.1 DISCLOSURE OF LOBBYING ACTIVITIES PRCCUREUENT Carl Is this form applicaa to Your 5171-11? YES El N:O'H', If no,then please complete section 4 !below for"•Prime" 1.Type of Federal Action: 2.Status of:Federa-Action: 3.Report Type: a_contract a_bid/offerlapplication a_initial filing b_grant b_initial award b_material change c.cooperative agreement c.post-award For Matedal Change Only: d_loan Year: Quarter e.loan guarantee Date.of last report f.loan;insurance (mmld'dlyyyy) 4.Name and Address of Reporting Entity g_If Reporting;Entity in No_4 is a Subawardee,Enter Name and ❑ Prime ❑ Subawardee Address of Prime: Tier .ifknown. Con ressionallDistrict,ifknomr4c Congressional!Ustrict,if knovin: 6.Federal Department/Agency: 7.Federal Program Name/Description: •CFDA;Number,if applicable: 8.Federal Action lNumber,if known: 9.Award Amount,if known: 10.a.Name andi Address of Lobbying Registrant lb.!Individuals:Performing Services(including address if (if individual,last name,first name,.MI)c different from No. 1 Oa) I (las€nate,Arstname,MJ): l i j 111. rnronnation requested through thiis form is authorized by tide 3'T US_G_section$352.This disclosure of robbying..activities is a SlgnatUre_ maternal representation off-ad upon which raliancewas placed by f.e Fier above when this fransacfi66 was made or entered - into-ThEs'disclosure is required pursuant to 3.1 U.S.G.1352 Print Name: Y�-- This information will be auailabte for public rnspectian_Any person who fallstofiretherequireddisclosureshaffbesubject T.itie. to,a crMl penalty of n,ol less than 59[!,690 and notmare than S-100MM!breach such failure. 'I , Telephone 110.:_ `1.1 a (mmldctl Yy�`Y.)- _ :1=;5'7(,5,, ra _i i;' e-� s;., - 'n•tt,•-.lei moi.-' '1:,;;.�,.. .,�;:_o_'r `�l`e{12t'@l��tge'<.� r. ,l..txl,.:r.t ..�_ _::a �>,ti"'. ,k�-,.y,,:,?=�'�`:•}:�:,-,r.5,_.;.n.. ,,,m, =;:�;;_t _ nze fo Local R'e mducfion ,v, _ .nl, :uc6?s-:-- ux' - 4x.:ar'w°..^ _ .kt - al,f�p..�;.,. ij:••{e",-.,;.:.........:..,: t; =+r•x ,r _ it..4,.,y. - :li':'i=iF•,:1.:. — ,.:1:,•4'°r.'"�:=�'i.��;.1i?3t1::}�.n�WC,a=tsl.�;::altr.'•'->�ifi�;=�'a Standard FDrm LL(_ ev.7-97 00474-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00474-CERTIFICATION for DISCLOSURE OF LOBBYING ACTIVITIES.doc I rte....,,•"041!14 P'pc 2 W2 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure farm shall be completed by the reporting entity,whether subawardee or prime Federal recipient,atthe initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U`_S_G. section 1352_The filing of a form is required for each payment or agreement to make payment to any lobbying entity for Influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of Member of Congress in connection with a covered Federal:action_Complete all items that apply for both the initial filing and material change report Referto the implementing guidance published by the Office of Management and Budget for additional information. 1_ identify the type of covered Federal action for which lobbying activity is and/or has been secured to infiuen ce the outcome of a covered Federal action_ 2- Identify the status of the covered Federal action. 3- Identify the appropriate classification of this report If this is,a followup report caused by a material:change to:the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this,reporting entity.for this covered Federal action_ 4- Enter the fullname,address,city,State and zipp code of the reporting entity_Include Congressional District, if known_Check the appropriate classification of the reporting entitythat designates if it Is,or expects to be,a prime or subaward recipient Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Subawards include but are notlimitedto subcontracts,subgrants and contractawards undergrants. 5- if the organization filing.the.report in item 4 checks"Subawardee,"then enter the full name,address,city,State and zip code of the prime Federal recipient.Include Congressional District,if known. 6- Enter the.name of the Federal agency making the:award or loan commitment include at least one organizational level below agency name„if known.For example,Department of Transportation,United States Coast Guard. 7- Enter the Federal program name or description for the covered.Federal action(item 1).If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan j commitments. i 8_ Enter the most appropriate Federal Identifying number available for the Federal action,identified in item 1 (e-g., Request for Proposal(RFP)number,invitation for Bid(1F8)number,grant announcement number the contract.; grant,or roan award number-,the applicationtproposal control number assigned bythe Federal agency)-include prefixes,e_g_,"RFP-DE-90-001.' 9- For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the awardlloan commitment for the prime entity id'entifred in item 4 or 5. i 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in!item 4 to influence the covered Federal action. (b)Enter:the full names ofthe individual(s)performing services,and include full address if differentfrom 10(a)- Enter Last Name,First Name,and Middle Initial(MI). 11-The certifying.official shall sign and date the form,print hisdher name,title,and telephone number_ Acoonimg id the Paperwork Reduction Act.as amended.mpersans are required to resixind la.amifec5on of irrronnalron unlEss.R displays a valid OM6 Contror l lumber The valid ONG control numberfortHs in.`orma5an colCedion is OA4B No.6348#746.Public reporting burdenforthis colfection of infarmafion is estirnated to averaga 16 minutes per response,rndudng time for reviewing insbuc&m,searching wasEirig data sources, gathering and marntatning lhedata needed.and completing and reuie ring fhe eolrecEan ofinfonnaffan.Send com,rents regarding the burden esiicnatearanyotheraspectd'fthis.coitecticn ofinrarrrrarran,ir.wAudng suggestiarrsfbrreducing this burden,iD the Office of hlanagernent and Budget,Paperwork Reduction Project(6346{]M} ,Washington.DC 26-63. 00474-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Do8uments\00474-CERTIFICATION for DISCLOSURE OF LOBBYING ACTIVITIES.doc SECTION 00476 Certification Regarding Debarment, Suspension, Ineligibility and'Voluntary Exclusion--Primary Covered Transactions The Bidder certifies that, the firm or any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds. (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency; (b) have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property (c) are not presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity' with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) have not within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier,or vendor who_is_debarred,_su_spe_nded,_declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation." Company Name: 4{ddt� 10 Authorized By: (Sign) :- (Print N e) Title: _ Date: 00476-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00476-Certification Regarding Debarment.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275M-13 CERTIFICATION OF NON SEGREGATION & EQUAL OPPORTUNITY OFFICE 07105 NON DISCRIMINATION SECTION 1: PROJECT IDENTIFICATION 1.Financial Project No. 2.F.A.P.No. 3.FDOT LAP Contract No. 4.county 5.District or Name of Local A enc 6.Prime Contractor's Name l 7.Com an Na of Contractor,,,Supplier,Rental Com or A enc Rfihmifflnq this certification 8.FEID No of Co.in Box 7 SECTIO 2: CERTIFICATION STATEMENTS i CERTIFICATION OF CERTIFICATION OF NONSEGREGATED FACILITIES NON DISCRIMINATION As a federally assisted construction contractor, I As a contractor, sub recipient or subcontractor on a hereby certify:the following for t his company: Federally funded Contract, this company certifies that it A. This company does not maintain or provide shall not discriminate on the basis of race, color, national . any segregated facilities for employees at origin,or sex in the performance of such contracts. any of our establishments and we do not The contractor shall carry out applicable requirements of permit our employees to perform their 49 CFR Part 26 in the award and administration of DOT services at any location, under our control, assisted contracts. The company agrees that a failure to where segregated facilities are maintained. carry out these requirements is a material breach of B. Agreement that a breach of this certification contract,which may result in the contract's termination or is a violation of the equal opportunity clause such other remedy as the recipient deems appropriate. In this contract Each subcontract, rental agreement and or material supplier agreement this company subsequently enters C. We will obtain and retain identical into for this contact will require this same Certification. certifications from proposed subcontractors prior to the award of subcontracts exceeding It is the policy of this company to assure that applicants $10,000 which are not exempt from the are employed, and that employees are treated during provisions of the equal opportunity clause. employment, without regard to their race, religion, sex, As used in this certification,the terms "segregated color, national origin, age or disability. Actions include: facilities" means any waiting rooms, work areas, employment, upgrading, demotion, or transfer; restrooms and washrooms, restaurants and recruitment or recruitment advertising; layoff or termination; rates of pay and other .forms of fountains, recreation or entertainment area, compensation; and selection for training, including transportation, and housing facilities provided for employees which are segregated by explicit apprenticeship, pre apprenticeship, and/or on-the-job directives or are in fact segregated on the basis of training. race, color, religion or national origin because of This certification extends to the project identified above habit,local custom,or any other reason. and affirms our commitment to insure nondiscrimination and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions of FHWA-1273. Compliance with Title VI of the Civil Rights Act and the provisions of the American Disabilities Act of 1990 are inco orated in this certification. 9.Name first/last of corporate Official signing Certification 10.Job Title of person named in Box 9 11.Signature of Cetg&q Officlal 12.Date of Si gnature -� Lam` �-�-•-----..-__ Y G b� Cr �� i j I 00490-1 I 275-030.13 EQUAL OPPORTUNITY OFFICE 07109 Certification of Non Segregation & Non Discrimination Instructions for Completing Form This form is provided to contractors on federally assisted road and bridge construction projects to affirm their commitmer'. to nondiscrimination and non segregated facilities during the term of a contract. Box 1: Fin.Proj No.—The Financial Project Number Box 2: FAP No.—The Federal Aid Project Number assigned to federally funded projects or'non-FAP' Box 3: FDOT LAP Contract No.—The project's Local Area Project('LAP')number Box 4: County—County or counties project work is being performed in Box 5: District or Local Agency—The Department's District Number Designation where the project is located Districts are 1-7, and the Turnpike District or the name of the city,county or entity administering the contract Box 6: Prime Contractor Name—The name of the prime contractor. Box 7: Company Name of Contractor,Supplier,Rental Company or Agency Submitting this certification—name of company submitting the certification Box 8: FEW No.—Federal identification Number of company named in Box 7 Box 9: Name(first,last(of corporate official signing certification.—First name, last name Box 10:Job Title of person named in Box 9—job title Box 11:Signature of Certifying Official—signature of person named in-Box 9 Box 12: Date of signature—Month/day/year of signature 00490-2 i i SECTION 00492 i' I BUY AMERICA CERTIFICATE OF COMPLIANCE 1 �A 4 s 911 Aq FW,Pr LqA+, rCOMPLIANCE The bidder hereby certifies that it will comply with the requirements of 23 C.F.R. 635.410, as amended, and utilize only iron or steel manufactured in the United States, or components made with iron or steel that meet the Buy America requirements. Bidder acknowledges that it will be required to produce Buy America certifications) from the producer(s) of the steel or iron or components prior to incorporating any such materials into the work or project. f Company Name: 1 Authorized By: ,€'. (Sign) (Print Naroe) Title\ 5` Date: l i I i I i i i 00492-1 I F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00492-BUY AMERICA CERTIFICATE OF COMPLIANCE.doc SECTION 00494 DRUG FREE WORKPLACE CERTIFICATION �. I The undersigned Bidder, in accordance with Florida Statute 287 087 hereby certifies that 'i 0� does: I; (Name of Busine i' 1. Publish a statement notifying employees that the unlawful manufacture, distribution, j dispensing, possession, or use of a controlled substance is prohibited in the workplace 1 and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under this bid a copy of the statement specified in subsection (1). i, 4. In the statement specified in subsection (1), notify the employees that, as a condition of i working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. i 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. S it i Bidders Signature — I Date j . i i i 00494-1 F\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport or West\Admim\bid documents\Master Contract Documents\00494-DRUG FREE WORKPLACE CERTIFICATION.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-06 LAP CERTIFICATION OF CURRENT CAPACITY PRODUCTION SUPPORT 12109 Page 1 of 2 CONFIDENTIAL I I i �.` Fill in your FDOT Vendor Number For bids to be received on � � (Letting Date) VF___,__—_____—_ � (Only applicable to FDOT pre-qualified contractors) CERTIFICATE I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY(maximum capacity rating less total uncompleted work). The total uncompleted work as shown on 7p the"Status of Contracts on Hand"report(page 2) I I further certify that the"Status of Contracts on Hand"report(page 2)was prepared as follows: 1. If the letting is before the 25th day of the month, the certificate and report reflect the uncompleted work as of the 15th day of the month, last preceding the month of the letting. 2. If the letting is after the 25th day of the month,the certificate and report reflects the uncompleted work in progress as of the 15th day of the month of the letting. 3. All new contracts(and subcontracts)awarded earlier than five days before the letting date are included in the report and charged against our total rating. I certify that the information above is correct. 71 ME OF FIRM Sworn to and subscribed this 12- day By: of E 20 Title i I i i I I I II 00496-1 i i 525-01445 STATUS OF CONTRACTS ON HAND PRODUCTION 5UPP0RT 2 og Page 2 cF 2 (Furnish complete information about all your contracts,whether prime or subcontracts; whether in progress or awarded, but not yet begun;and regardless of whom contracted with.) 1 2 3 4 5 6 UNCOMPLETED AMOUNT TO BE DONE PROJECTS CONTRACT(OR AMOUNT BALANCE OF BY YOU OWNER, LOCATION AND DESCRIPTION SUBCONTRACT) SUBLET CONTRACT AMOUNT TO OTHERS AMOUNT AS PRIME AS CONTRACTOR SUBCONTRACTOR Go CD CD CAd NOTE: Columns 2 and 3 to show total contract(or subcontract)amounts. Column 4 to be difference TOTALS 0.00 $0.00 between columns 2 and 3. Amount in columns 5 or 6 to be uncompleted portion of amount in column 4. All , amounts to be shown to nearest$100. The Contractor may consolidate and list as a single item all contracts which,individually,do not exceed 3%of total,and which,in the aggregate,amount to less than TOTAL UNCOMPLETED WORK ON 20%of the total. HAND TO BE DONE BY YOU $0.00 (TOTAL COLUMNS 5 AND 6) - ------- ---- - - - ---.-- -- - - - - ------ ---- - SECTION 00500 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 700-010- CERTIFICATION OF SUBLET WORK CONSTRUCTIC 10i TO: THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Date: t e.,ti 4 .1 , General Info ,¢ (Seal) Request No,: Prime Contractor Contractor FAP No.: \acs By: Fin. Proj. 1D: � ._ _ Cont. No.: E.I.D.# IF CORPORATION,AFFIX SEAL Count eL-, <�\i 114tQ_ V ~ Address L Total Contract Amount y Total Work Subcontractor Name •. Total Amt c 1- FEID# Subcontract to Whom Work Description �: z ,Z> Sublet p:� All pertinent provisions and requirements of the prime contract including but not limited to Required Contract Total Provisions Federal-Aid Construction Contracts(FHWA-1273)and Special Provisions-Specific Equal Opportunity Responsibilities(Per 23 CFR-6333 of Federal-Aid Policy Guide)will be part of the subcontract. It is agreed that an State of Florida •, ` Executed or a certified copy of the subcontract will be submitted upon request,to the State of Florida Department of County of Transportation. All sublets will be in continued compliance with all Contract provisions and that the Contractor will r continue to perform the minimum percentage of Contract work with its bwn organization,as required by said Sworn to and subscribed before me this day Contract. It is recognized and agreed that,as prime contractor,the undersigned remains responsible for the proper .s � performance of all requirements of said contract does not relieve or release the undersigned and his surety or either of QXUA , Z{,(0by �r 0 of them of any liability under the contract bond. The Contractor shall send a copy of this form to the subcontractor/ / ( S QJff{i Ertlflcaflcn 0 subordinate(with a copy of FHWA-1273 on Federal-Aid Projects)and the Surety Company. The Prime certify that ��{;� 2oravP�ecn v�� I In firms or individuals,debarred or suspended by the FHWA or the Department,are not being used as subcontractors. DEBORAH Notate 11bIIC MY COMMISSION 9FF9ST 0 �� oPP EXPIRES.October 03,2019 1 A false statement or omission made in connection with this certification is sufficient cause for suspension, lin 111 k9 cFw I—+ revocation,or denial of qualification to bid,and a determination of non responsibility,and may subject the person Commission Expires and/or entity making the false statement to any and all civil and criminal penalties available pursuant to applicable personally Known , OR Produced Identification Federal and State Law. Type of Identification Produced Instructions for Form: The contractor must provide enough information through a Schedule"A"spreadsheet to determine which pay-item(s)are being sublet,the amounts, and cost. For sublet calculations,the amount will be calculated based on the actual contract unit price(s)unless there is a partial sublet. For partial sublets, use the unit prices from the actual sub-contract. 1) Enter the Date of the certification of sublet work was prepared. 2) Enter the sequential number of the request starting with number 1. 3) Enter the Federal Aid Project number for the Prime Contractor if any. 4) Enter the Financial Project Identification number of the Contract. 5) Enter the Contract number of the Contract with the Department. 6) Enter the County name where the work is being performed. 7) Enter the Name of the Prime Contractor. 8) Enter the FEID number of the Prime Contractor. 9) Enter the Original Contract dollar amount(round to nearest whole dollar). 10) Enter a"Y"in the space marked Change if any information on the line has changed since the previous certification of sublet work was prepared. Otherwise,leave blank. 11) Enter the Subcontractor names. Enter all the subcontractor(s)regardless of their tier. 12) Enter the tier number for the subcontractor. If the subcontractor works directly for the Prime Contractor, enter a"'I". If he works one level below, enter a"2"and so on. 13) Enter the FEID number of the Subcontractor(s). 14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor. 15) Enter a short description of the work to be performed. 16) Enter a"P" if any pay-item for the sublet is a partial sublet. 17) Enter the DBE status for the subcontractor: "D"for DBE,"N"for non-DBE. 18) The Department may require subcontractor to be prequalified with the Department as described in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain certain classes of work-that-require specific expertise. 19) One(1)copy of this form shall be submitted to the District Office by the contractor. 20) To be signed by principal of the firm or someone with the delegated authority and notarized. 00500-2 BOARD OF COUNTY COMMISSIONERS ��►vER o z *FLOR►O�'* January 17, 2017 via Email Timothy Rose Contracting, Inc. Attn: Mr. Timothy Rose 1360 S.W. Old Dixie Highway Suite 106 Vero Beach, FL 32962 NOTICE OF AWARD Reference: Indian River County Bid No.2017013 43rd Avenue Sidewalk Improvements from Aviation Boulevard to Airport Drive West Dear Mr. Rose: It is my pleasure to inform you that on January 17,2017,the Board of County Commissioners awarded the above- referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Public Construction Bond (unrecorded)in the amount of 100%of the contract amount($497,113.24). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance indicating coverage required by Article 5 of the General Conditions (section 00700 of the bid documents) and Supplemental Conditions (Section 00800 of the bid documents). Certificate(s)must name Indian River County as additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255.05(1)(a),Florida Statutes,you are required to execute a Public Construction Bond for the above referenced project. Please submit the Bond,the Certificate(s)of Insurance and two fully-executed copies of the enclosed agreement to this office at the address provided below no later than Wednesday, February 1,2017. 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, Jennifd Hyde Purchasing Manager Office of Management and Budget *Purchasing Division 1800 271'Street,Vero Beach,Florida 329609(772)226-1416•Fax:(772)770-5140 E-mail:purchasing@ircgov.com SECTION 00520 -Agreement (Public Works) TABLE OF CONTENTS Title PPac�e ARTICLE1 -WORK. ........ . .. ........ ...... .... ... ..... . . . .. .. .. ..... .. .... .... . ........... .. .. ....... ..2 ARTICLE2-THE PROJECT ... ... .... . .... ... . . .......... .. .. . ....... . ... .... . .. .. .... ........................2 ARTICLE3—ENGINEER ... . ..... .... .. . ..... . .. .... ... .. ................. ... .. .... .............. . .. . ... .. ....2 ARTICLE4- CONTRACT TIMES......... ... . ..... .. .... .. ..... ....... ........... . ...... ... ..... ......................2 ARTICLE S- 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......... ... . . . ... ..... .. . . .. .... ... . .. ... ..... ................. .... ..... . .. .8 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] Agreement 00520-1 F'\Purchasing\Bids\2016-2017 FY(2017000)\2017013 43rd Ave Sidewalks\Agreement.doc i SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Timothy Rose Contracting Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows. ARTICLE 1 -WORK 1 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows. The project consists of the construction of an 8 foot wide concrete sidewalk along the east side of 43rd Avenue from Aviation Boulevard to Airport Drive West. The sidewalk improvements will be approximately 0.69 miles in length. The work will also include minor shoulder work, ditch grading, drainage piping with drainage structures, signing and pavement markings. ARTICLE 2 -THE PROJECT 201 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 43R1 AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST County Project Number: 1123 FM Number: 431725-2-58-01 Bid Number: 2017013 Project Address 43`d Avenue, Vero Beach,,Florida 32960 ARTICLE 3 —ENGINEER 301 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. Agreement 00520-2 F\Purchasing\Bids\2016-2017 FY(2017000)\2017013 43rd Ave Sidewalks\Agreement doc 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 1201h calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14 07 of the General Conditions on or before the 150th calendar day after the date when the Contract Times commence to run 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,099.00 for each calendar day that expires after the time specified in paragraph 4 02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,099.00 for each calendar day that expires after the time specified in paragraph 4 02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5 01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ 497J 13.24 Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 601 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 Agreement 00520-3 F'\Purchasing\Bids\2016-2017 FY(2017000)\2017013 43rd Ave Sidewalks\Agreement.doc 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 (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; 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), 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. 604 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 Agreement 00520-4 F\Purchasing\Bids12016-2017 FY(2017000)\2017013 43rd Ave SidewalWAgreement.doc 605 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. ARTICLE 7 - INDEMNIFICATION 701 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 Agreement 00520-5 F'\Purchasing\Bids\2016-2017 FY(2017000)\2017013 43rd Ave Sidewalks\Agreement.doc 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. 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 A. The Contract Documents consist of the following- 1. This Agreement(pages 00520-1 to 00520-10, inclusive), 2 Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4 Sample Certificate of Liability Insurance (page 00620-1), 5 Contractor's Application for Payment(pages 00622-1 to 00622-6, inclusive); 6. Certificate of Substantial Completion 00630-1 to 00630-2, inclusive), 7 Contractor's Final Certification of Work (pages 00632-1 to 000632-2, inclusive); 8 Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work(00634-1), 9. General Conditions (pages 00700-1 to 00700-44, inclusive), 10 Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 11 Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions). 12 Drawings consisting of a cover sheet and sheets numbered 1 through 19, inclusive, with each sheet bearing the following general title 43rd AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST; 13 Addenda (numbers to , inclusive), Agreement 00520-6 F'\Purchasing\Bids\2016-2017 FY(2017000)\2017013 43rd Ave SidewalkslAgreemenl.doc 14 Appendices to this Agreement (enumerated as follows) Appendix A—Title VI/Nondiscrimination Policy Statement Appendix B— Indian River County Fertilizer Ordinances Appendix C—Federal Required Contract Provisions Appendix D— FHWA 1273 Appendix E— Permits Appendix F— Indian River County Traffic Engineering Division, Special Conditions for Right-of-Way Construction 15 CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); i 16. Bid Bond (pages 00430-1), 17 Sworn Statement Under Section 105 08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive), 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive), 19 Qualifications Questionnaire (pages 00456-1 to 00456-4, inclusive), 20. List of Subcontractors (page 00458-1); 21 The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto a) Written Amendments; b) Work Change Directives, c) Change Order(s) 22 DBE Bid Package Information (pages 00470-1 to 00470-9, inclusive); 23. Non-Collusion Affidavit (page 00472-1 24 Certification for Disclosure of Lobbying Activities on Federal-Aid Contracts (pages 00474-1 to 00474-3, inclusive); 25 Certificate Regarding Debarment, .Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions (page 00476-1 26. Certification of Non Segregation & Non Discrimination (pages 00490-1 to 00490-2, inclusive), 27 Buy America Certificate of Compliance (page 00492-1), 28 Drug Free Workplace Certification (page 00494-1), 29 LAP Certifcation Capacity/Status of Contracts on Hand (pages 00496-1 to 00496-2, inclusive), Agreement 00520-7 F'\Purchasing\Bids\2016-2017 FY(2017000)\2017013 43rd Ave SidewaIWAgreement.doc 30. Certification of Sublet Work (pages 00500-1 to 00500-2, inclusive), 31 USDOL Wage Determination— FL160213; ARTICLE 10 - MISCELLANEOUS 1001 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions 1002 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 1006 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes The Contractor shall comply with Florida's Public Records Law Specifically, the Contractor shall. (1) Keep and maintain public records required by the County to perform the service Agreement 00520-8 F\Purchasing\Bids\2016-2017 FY(2017000)12017013 43rd Ave Sidewalks\Agreement doc Custodian of Public Records provide the (2) Upon request from the County's p County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C 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] Agreement 00520-9 F'\Purchasing\Bids\2016-2017 FY(2017000)\2017013 43rd Ave SidewalksWgreement 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 January 17 2017 (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 Timothy Rose Contracting, Inc. By, �pr1MlSS ; J se E Flescher, an .oJ�;•' ,•�;• (Contractor) ' N B to• � s* , ' � � PORALL) B Jason wn, County inistrat r i g -- ? tt $� C +sy• APPROVED AS TO FOR ID Eb .F......•.► SUFF42. By d`Dylan Reingold, Count ttorney Address for giving notices 1%0 SW QIdD �lvv t, Jeffrey R. Smith, Clerk of Court and Comptroller eZ License No.CGC Q`5 Zc 4(�� Attest: t (Where applicable) e uty Clerk (SEAL) Agent for service of process: Designated Representative Name: James W. Ennis, P.E , PMP Designated Representative Title County Engineer Name:::G— o��.�r� 1801 27th Street Title? 2x Vero Beach, Florida 32960 Address- (772) 226-1221 3 Facsimile (772) 778-9391 37-A I Phone: 1 Z- 'T O Facsimile:-D2.M14.Z$$X (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign ) * * END OF SECTION Agreement 00520-10 F\Purchasing\Bids\2016-2017 FY(2017000)\2017013 43rd Ave SidewaIWAgreement doe i Page 1 of 5 General Decision Number: FL160213 04/15/2016 FL213 Superseded General Decision Number: FL20150213 State: Florida Construction Type: Highway County: Indian River County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 1 04/15/2016 * ELEC0915-004 12/07/2015 Rates Fringes i_ ELECTRICIAN. .. . . . . . . . . . . . . . . . . . . .$ 26.53 10.07 ---------------------------------------------------------------- SUFL2013-031 08/19/2013 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.68 0.00 CEMENT MASON/CONCRETE FINISHER, Includes Form Work. . . . .$ 15.01 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) . . . . .$ 15.57 0.00 HIGHWAY/PARKING LOT STRIPING: Painter. . . . .. . . . . . . . . . .. . . . . . . . .$ 12.13 0.00 IRONWORKER, ORNAMENTAL. .. . . . . . . . .$ 13.48 0.00 IRONWORKER, REINFORCING. . . . . . . . . .$ 15.38 0.00 IRONWORKER, STRUCTURAL. . . . . . . . . ..$ 16.42 0.00 LABORER (Traffic Control Specialist) . . .. . . . . . . . . . . . . . . . . . .$ 11.79 0.00 http_//www.wdol.gov/wdol/scafiles/davisbacon/FL213.dvb?v=1 8/3/2016 Page 2 of 5 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor. . . . . . . . . . . . . . . . . . . . . .$ 14.05 0.00 LABORER: Common or General. . . . . .$ 10.69 0.00 i LABORER: Flagger. . . . . . . . . . . . . . . .$ 13.09 0.00 i LABORER: Grade Checker. . . . . . . . . .$ 14.66 0.00 LABORER: Mason Tender - Cement/Concrete. . . . . . . . . . . . . . . . . .$ 12.58 0.00 LABORER: Pipelayer. . . . . . . . . . . . ..$ 12.44 0.00 OPERATOR: Backhoe/Excavator/Trackhoe. . . . . ..$ 14.96 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . .. . . . .$ 12.88 0.00 OPERATOR: Broom/Sweeper. . . . . . . . .$ 12.91 0.00 OPERATOR: Bulldozer. . . . . . . . . . .. .$ 15.23 0.00 OPERATOR: Concrete Finishing Machine. . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.44 0.00 OPERATOR: Crane. . . . . . . . . . . . .. . . .$ 22.04 0.00 OPERATOR: Curb Machine. . . . . . . . . .$ 18.45 0.00 OPERATOR: Drill. . . . . . . . . . . . . . . . .$ 13.04 0.00 OPERATOR: Forklift. . . . . . . . . . . . . .$ 10.43 0.00 OPERATOR: Gradall. . . . . . . . . . . . . . .$ 14.71 0.00 OPERATOR: Grader/Blade. . . . . . . . . .$ 18.20 0.00 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 13.14 0.00 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 17.52 0.00 OPERATOR: Milling Machine. . . . . . .$ 16.04 0.00 OPERATOR: Oiler. . . . . . . . . . . . . . . . .$ 16.67 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 15.47 0.00 OPERATOR: Piledriver. . . . . . . . . . . .$ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) . . . . . . . . . . . . . . .$ 15.97 0.00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 12.50 0.00 OPERATOR: Scraper. . . . . . . . . . . . . . .$ 12.21 0.00 http://www.wdol.gov/wdol/scafiles/davisbacon/FL213.dvb?v=l 8/3/2016 Page 3 of 5 i OPERATOR: Screed. . . . . . . . . . . . . . . .$ 14.14 0.00 OPERATOR: Trencher. . . . . . . . . . . . . .$ 14.25 0.00 PAINTER: Spray. . . . . . . . . . . . . . . . . .$ 19.57 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation. . . . . .$ 15.11 0.00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 11.86 0.00 TRUCK DRIVER: Flatbed Truck. . . . .$ 14.28 0.00 TRUCK DRIVER: Lowboy Truck. . . . . .$ 16.25 0.00 TRUCK DRIVER: Slurry Truck. . . . . .$ 11.96 0.00 TRUCK DRIVER: Water Truck. . . . . . .$ 13.57 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . _ ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. http://www.wdol.gov/wdol/scafiles/davisbacon/FL213.dvb?v=1 8/3/2016 i I Page 4 of 5 I i Union prevailing wage rates are updated to reflect all rate �! changes in the collective bargaining agreement (CBA) governing this classification and rate. i Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and j the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which i these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. I i ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted i http://www.wdol.gov/wdol/scafiles/davisbacon/FL213.dvb?v=1 8/3/2016 I Page 5 of 5 i because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 I 2.) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: i Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, i etc.)- that the requestor considers relevant to -the-issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: I Administrative Review Board j U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdoUscafiles/davisbacon/FL213.dvb?v=1 8/3/2016 t SECTION 00550 - Notice to Proceed Dated TO: (BIDDER) ADDRESS: Contract For: 43RD AVENUE SIDEWALK IMPROVMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST IRC Project No: 1123 FM Number: 431725-2-58-01 IRC Bid No. 2017013 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 120 calendar days for Substantial Completion of this project and 150 calendar days for Final Completion. In accordance with Article 4 of the Agreement_the_date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance.shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. Also, before you may start any Work at the Site, you must: (add other requirements,if applicable) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) 00550-Notice to Proceed REV 1-4-11 00550-1 F:\PublicWorksXENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport or West\AdmimWd documentsWaster Contract Documents\00550-Notice to Proceed REV 1-4-11.doc Rev 05101 3120170005662 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2998 PG: 1123,2/1/2017 3:37 PM Public Work F.S.Chapter 255.05(1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WrTH 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 WrTH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.OS(2)OR SECTION 713.29 FLORIDA STATUTES. BOND No: 5227184 CONTRACTOR NAME: Timothy Rose Contracting, Inc. CONTRACTOR ADDRESSi 1360 Old Dixie Hwy SW, Suite 106 Vero Beach, FL 32962 CONTRACTOR PHONE NO: (772)564-7800 SURETY COMPANY NAME: Westfield Insurance Company SURETY PRINCIPAL One Park Circle, P.O. Box 5001 BUSINESS ADDRESS: Westfield Center, OH 44251-5001 SURETY PHONE NO: (904)6614700 OWNER NAME: Indian River County, a political subdivision of the State of Florida OWNER ADDRESS: 1800 27th Street Vero Beach, FL 32960 OWNER PHONE NO: (772)226-1416 OBLIGEE NAME- OI owleactint eeilty to dltL.ant from the OWP^tae caahadla6 public erettyl OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNTt $497,113.24 CONTRACT NO: tU appllabte) DESCRIPTION OF WORK. 43rd Ave Sidewallk Improvements from Aviation Boulevard to Airport Drive West PROJECTLOCATIION: as per description of work LEGAL DESCRIPTION: OI applicable) FS *RTP=cR Aa edwe bond puse(el aradeea.d aubrequemn to Isla Pap leaardku e(aay pap aealber4)*4tmy be printed thwom 00610.2 00610-Pubtio Caradrw0m Bond FAPutllo Wcftc ENGINEERING DIVISION PROJECTS0225 20th Ave and loth St Intersedion inproy mentlAdnnbrtlbld docurnentoWasW Contract DoamenWO0610-Pubilc Construction Sond.doc A TRUE COPY CERTIFICATION ON LAST PAGE J.R.SMITH.CLERK BK: 2998 PG: 1124 I PUBLIC CONSTRUCTION BOND Bond No. 5227184 (enter bond number) BY THIS BOND,We Timothy Rose Contracting, Inc. ,as Principal and Westfield Insurance Company ,a corporation,as Surety, are bound to Indian River County,FL herein called Owner, in the sum of$ 497,113.24 . 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 January 17, 2017 , between Principal and Owner for construction of 43rd Ave Sidewalk Improvements Aviation Blvd to Airport Dr Wqsthe 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 Z ,�5(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 January 18,2017 ' ,'• ' Timothy Rose Contracting,Inc. `•h ,��I�IL"iferJ�r� of Prin i Y�� :°�� ��° ``i ••••neneee•••c. �i r3 As Attorney i F Cabo1Y •for Westifeld Insurance Company :, G3 l�. r { •e•r•'' �� (Na-me of Surety) :aiSs, i 0081 q•3 00510-Public Construction Bond RNPublie WorkNENGINEERING DIVISION PROJECTSID225 20th Ave and loth Sl intersection improwmenMdrnWbW documentsWlasler Contract Docurnents100610.Pubtlo construction Bond.doo A TRUE COPY CERTIFICATION ON LAST PAGE J.R.SMITH,CLERK 12/12/16 L-401 UV!b LC�. K. N)n U%ZsU L. Accrual Basis As of November 30, 2016 Nov 30,16 ASSETS Current Assets Checking/Savings PNC Money Market 20,078 09 PNC Operating Account 671,946.43 Total Checking/Savings 692,024 52 Accounts Receivable Accounts Receivable 758,635.24 Total Accounts Receivable 758,635.24 Other Current Assets Costs in excess of billings 21,529 00 Employee loan receivable 4,25000 Invstmnt Morgan Stanley Smith B Cash-Morgan Stanley Investment 4,27794 Equities-Morgan Stanley SB 114,623 43 Total Invstmnt Morgan Stanley Smith B 118,901 37 Undeposited Funds 1,038,465.65 Total Other Current Assets 1,183,146.02 Total Current Assets 2,633,805.78 Fixed Assets 1999 Kenworth Tractor 15,000.00 Accum Dep-All Assets -2,338,210.16 Construction Equipment 1,804,142.08 Furniture&Fixtures 17,535 66 Laser 4,39440 Office Equipment 33,966.20 Vehicles 978,108 60 Total Fixed Assets 514,936.78 Other Assets Security Deposits 51745 Total Other Assets 51745 TOTAL ASSETS 3,149,260.01 LIABILITIES&EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 1,282,641 52 Total Accounts Payable 1,282,641 52 Credit Cards 1st Bank Card 1296 -6,263.21 1st Bank Card 9557 -3,34495 American Expres 88006 217,751 99 American Express CC -303,691 95 PNC Visa#4490 Control -16,28016 Total Credit Cards -111,828.28 Other Current Liabilities Loans From Shareholders -30000 Total Other Current Liabilities -300.00 Total Current Liabilities 1,170,513.24 Page 1 Name of Job Where Located We Resurfacing 71st St-CR510 Vero Beach Harbor Point Vero Beach �r Street Reonstruction & Paving Sebastian Cav Corp Parking Lots Sebastian Outback Steakhouse Vero Beach -St Rd 60 Go Line Vero Beach - 16th St Sarno Road Melbourne 8th Street Vero Beach Bike Paths Melbourne Rowing Club Vero Beach St Francis Animal Hospital Vero Beach 12/12/16 L=P Cd901EU4,. Z; �J)uu%�,;tia�,, Accrual Basis As of November 30, 2016 Nov 30, 16 Long Term Liabilities N/P Advance Acceptance-GPS 4,72632 N/P Ally-2015 Chev Tahoe 36,880 48 N/P Ally Silverado 15-846.74 _ 46,610 30 N/P Ally 15 Silverado(836.13) 36,345 82 N/P Ally 16 Silverado(835.71) 51,042.54 N/P GE Capital-Bobcat E351 T4 23,262.65 N/P GE Capital-Bobcat T630 39,634 46 N/P GE Capital 9766086-001 23,030 38 N/P Komatsu Financial-WA270-7 125,581.25 N/P PNC-$506.61 21,521 41 N/P TD Bank-215 Nissan Van 14,212.10 N/P Volvo Financial Svcs Loader 40,694 09 PNC-#**68244 2012 Ford truck 10,313 97 PNC-Sany SY135C 55,762.67 PNC#8087 2006 Wheel Loader 1,25439 PNC Bomag Mixer2/MPH100S/#85809 766.22 PNC JD DW544J2613575-1-9 -118.42 PNC Mortgage-Euclid Street 117,629 92 Total Long Term Liabilities 649,150 55 Total Liabilities 1,819,663.79 Equity "Retained Earnings 1,888,183.21 Capital Stock 500.00 Opening Balance Equity -330,76936 Paid In Capital 277,897 49 Shareholder Distribution -273,43500 Unrealized Gain(Loss)on Inves 12,351 36 Net Income -245,131 48 Total Equity 1,329,596.22 TOTAL LIABILITIES&EQUITY 3,149,260 01 r #FFgOAV% itis`P°mac ��' ON coQ pctoba 03,2019 o< FX1'1FFS• , HI�` Page 2 2016 - 2017 LOCAL BUSINESS TAX INDIAN RIVER COUNTY, FLORIDA MUST BE DISPLAYED IN A CONSPICUOUS PLACE TYPE OF 509 CONTR-EXCAVATION 512 CO NTR-G E N E RAL/CE RTI FIE D ACCOUNT# 11970 BUSINESS 571 CONTR-UNGRND UTILS/REGISTERED RECEIPT# 5125407.000 EXPIRES SEPTEMBER 30, 2017 BUSINESS 1360 SW OLD DIXIE HWY 106 ADDRESS VERO BEACH, FL 32962 AMOUNT 40.00 PENALTY 0.00 TRANSFER 0.00 TOTAL 40.00 NAME TIMOTHY ROSE CONTRACTING INC MAILING ROSE,TIMOTHY WILLIAM This receipt is in addition to and not in lieu of any other ADDRESS 1360 SW OLD DIXIE HWY STE 106 license required by law or municipal ordinance and is VERO BEACH, FL 32962-6444 subject to regulations of zoning,health and any other lawful authority Owner must notify the Tax Collector's Office of any changes in business name, ownership, location address or mailing address. CAROLE JEAN JORDAN,CFC TAX COLLECTOR Paid 08/12/2016 40.00 000-00012419 INDIAN RIVER COUNTY,FLORIDA V l/VVI LV I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:772-286-4334 CONTANAME:CT Tani Jacobson Stuart Insurance,Inc. Fax: 772-286-9389 PHONE FAX 3070 S W Mapp A/C No 772.286-4334 Ext): A/C No): 772-286-9389 Palm Cit FL 34990 E-MAIL City, ADDRESS:tjacobson@stuartinsurance.net Rick Halcomb,CIC,ARM PRODUCER CUSTOMER ID#:TIMOR-1 INSURERS)AFFORDING COVERAGE NAIC# INSURED Timothy Rose INSURER A:Westfield Insurance 24112 Contracting, Inc. INSURER B. 1360 Old Dixie Hwy SW,Ste 106 Vero Beach,FL 32962 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. /NSR LTR TYPE OF INSURANCE INSR DDL EXP UBDR POLICY NUMBER MMIDPOLIDYIYYYY MMIDDYIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CMM6079889 06/06/2016 06/06/2017 PREMISES Ea occurrence AMAGE TO RENTED $ 500,00 CLAIMS-MADE Fx_1 OCCUR MED EXP(Any one person) $ 5,000 X Contractual Liab PERSONAL BADV INJURY $ 1,000,00 X Incl XCU GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 17 POLICY X J OT- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO CMM6079889 06/06/2016 06/06/2017 BODILY INJURY $ 1,000,00 BODILURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE' X HIREDAUTOS (Per accident) $ X NON-OWNED AUTOS $ X PIP 10000 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,00 A _ CMM6079889 06106/2016 06/06/2017 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION VVC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER _ ANY PROPRIETOR/PARTNER./EXECUTIVE❑ N I A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ q Contractors Equip CMM6079889 06/06/2016 06/06/2017 Rented 50,000 Equipment $1000 ded DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Grading of Land/Site Prep - State of Florida 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. 1801 27th St Vero Beach,FL 32960 AUTHORIZED REPRESENTATIVE—__ ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD _— -1 OP ID TJ A�,,_� ®o CERTIFICATE OF LIABILITY INSURANCE DA01/24/2017TE Yi 01/24/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tani Jacobson Stuart Insurance,Inc. NAME: 3070 S W Mapp (A/CC,No Ext):772-286-4334 FA c Ne: 772-286-9389 Palm City,FL,CIC, E-MAIL tjacobson@stuartinsurance.net Rick Halcomb,CIC,ARM PRODUCER CUSTOMER ID p:TIMOR-1 INSURER(S)AFFORDING COVERAGE NAIC# INSURED Timothy Rose INSURER Westfield Insurance 24112 Contracting, Inc. INSURER B 1360 Old Dixie Hwy SW, Ste 106 Vero Beach, FL 32962 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. INSR DDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY X CMM6079889 06/06/2016 06106/2017 PREMISES Ea occurrence $ 500,000 CLAIMS-MADE Fx_1 OCCUR MED EXP(Any one person) $ 5,00 X Contractual Liab PERSONAL&ADV INJURY $ 1,000,00 X Incl XCU GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 17 POLICY X IPFc LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 A X ANY AUTO CMM6079889 06/06/2016 06106/2017 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULEDAUTOS PROPERTY DAMAGE X HIRED AUTOS (PER ACCIDENT) $ X NON-OWNEDAUTOS S X PIP 10000 $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3,000,00 EXCESSLIAB CLAIMS-MADE AGGREGATE $ 3,000,00 A CMM6079889 06/06/2016 06106/2017 DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION WC STATU- —70TH- AND EMPLOYERS'LIABILITY Y/N T RY IMIJER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE1 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ A Contractors Equip 71CMM6079889 06106/2016 06/06/2017 Rented 50,000 Equipment $1000 ded DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101 Addltioral Remarks Schedule,if more space Is required) RE: Bid No 2017013,43rd Ave Sidewalk Improvements from Aviation Boulevard to Airport Drive West.--Indian River County is additional insured with respect to general liability for ongoing and completed operations when required by written contract. CERTIFICATE HOLDER CANCELLATION IRCPD-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 Purchasing Division 1800 27th Street AUTHORIZED REPRESENTATIVE Vero Beach, FL 32960 �-- ©1988-2009 ACORD CORPORATION. All rights reserved ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) A�D CERTIFICATE OF LIABILITY INSURANCE 1/17/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER SUNZ Insurance Solutions, LLC ID (Essential) NAME: Jennifer Hau er C/o Essential HR, Inc. dba First Star HR PHONE E 972_404-0295 (AJC No: 4455 LBJ Freeway, Suite 1080 E-MAIL Dallas, TX 75244 ADDRESS. 'ennifer.hau er firststarhr.com INSURERS AFFORDING COVERAGE NAIC 4 I, INSURER A. SUNZ Insurance Company 34762 INSURED INSURER B. Essential HR Inc dba FirstStar HR INSURER C. 4455 LBJ Freeway INSURER D. Suite 1080 INSURER E. Dallas TX 75244 INSURER F. COVERAGES CERTIFICATE NUMBER: 33794672 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. 1POLICY EFF POLICY EXP �TR TYPE OF INSURANCE IN DL SUER POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE 1-1OCCURDAMAGE (RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY D PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY P AUTOS ONLY AUTOS (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION WCPE00000 88404 10/1/2016 10/1/2017____,7PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE WCPE0000018403 10/1/2015 10/1/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 11 yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Coverage provided for all leased employees but not subcontractors of-Timothy Rose Contracting,Inc 1360 SW OLD DIXIE HWY SUITE 106 Effective date: 10/1/2013 Re Indian River County Bild No 2017013 43rd Avenue Sidewalk Improvements from Aviation Boulevard to Airport Drive West CERTIFICATE HOLDER CANCELLATION 62200099 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 Glen J Distefano ©1988-2015 ACORD CORPORATION All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 33794672 1 1 Master Essential HR dba First Star HR I Natalie Matthews 1 1/17/2017 12 01 33 PM (CDT) I Page 1 of 1 SECTION 00622 - Contractor's Application for Payment 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST Application for Payment No. For Work Accomplished through the period of through . To: Indian River County(OWNER) From: (CONTRACTOR) Bid No.: 2017013 Project No.: 1123 FM No.: 431725-2-58-01 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ i 2. Net change by Change Orders and Written Amendments (+ or-): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ j 5. Retainage (per Agreement): IN, 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: } i I 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 00622-1 ('\Public WorkstENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WesNAdmimtbid documentsWaster Contract Documents\00622- Contractor's Application for Payment-03-10 rev.doc Rev 05101 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 j 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: i Commission No.: j Commission Expiration: Please remit payment to: Contractor's Name: Address: [The remainder of this page was left blank intentionally] 00622-Contractor's Application for Payment-03-10 rev 00622-2 PAPublic Works\ENGINEERING DIVISION PROJECTSM23 43rd Ave Sidewalk Improvements 26th SL to Airport Dr West\Admim\bid documentsWaster Contract Documents\00622- Contractors Application for Payment-03-10 rev.doc Rev.05101 Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, i , 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. j TO BE EXECUTED BY CORPORATE SURETY: Attest: i I Secretary Corporate Surety i i Business Address BY: Print Name: Title: i (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 j 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 00622-3 F'\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim%id documentsWaster Contract Documents\00622- Contractor's Application for Payment-03-10 rev.doc Rev.05101 I i Page 4 of 5 I i CERTIFICATION OF ENGINEER: i I 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. I Dated I 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 j knowledge, this statement of work performed and/or materials supplied appears to be i 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] I I I i ! i I I I i i 00622-Contractor's Application for Payment-03-10 rev 00622-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\D0622- Contractor's Application for Payment-03-10 rev.doc Rev.05101 i 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): i 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 isnot included (attach additional pages as necessary): 00622-Contractor's Application for Payment-03-10 rev 00622-5 F\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WesMdmim\bid documents\Master Contract Documents\00622- Contractor's Application for Payment-03-10 rev.doc Rev.05101 PROJECT NAME:43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST Project No.1123 Payment Application No.Fli • PREVIOUS BALANCE TO SCHEDULED VALUE APPLICATION THIS PERIOD I TOTAL COMPLETED % MATERIALS FINISH Item No. Description Unit I Quantity Unit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL i SUBTOTAL SUBTOTAL 0.00 0.00 0.00 0.00 0.00 0.00 FORCE ACCOUNT 1 LS ', N GRAND TOTAL TOTAL 0.00 AMOUNT COMPLETED TO DATE 50.00 MATERIALS STORED TO DATE SO.00 SUB-TOTAL MATERIALS STORED AND COMPLETED TO y DATE 50.00 m M RETAINAGE AT 10% S0.00 0 rn TOTAL COMPLETED AND STORED LESS RETAINAGE $0.00 N - S' LESS PREVIOUS PAYMENT 50.00 rn AMOUNT DUE CONTRACTOR 50.00 F.\Public Works\ENGINEERING DMSION PROJECrS\111343rd Ave Sidevrelk Imp—menta 26th St.W Airport Dr West\Admim\bid documents\Mertes Cannot Documents\00622-C-tnctor's Appllmti-lar Payment Spreadsheet Enmple.doc i I SECTION 00630 -Certificate of Substantial Completion i i Date of Issuance: 20 OWNER: Indian River County CONTRACTOR: CONTRACT FOR: 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST Project No.: 1123 OWNER's Bid No. 2017013 Project Description: 431 Avenue Sidewalk Improvements from Aviation Boulevard to j Airport Drive West j This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: I I i I j I To, OWNER And To- CONTRACTOR I The Work to which this Certificate applies has been inspected by authorized representatives of j OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on I I DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 30 calendar days of the above date of Substantial Completion. li I 00630-Certificate of Substantial Completion REV 04-07 00630-1 I P\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th SL to Airport Dr WesMdmim\bid documentsxMaster Contract Documents\00630-Certificate of Substantial Completion REV 04.07.doc 1 I i The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] i 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. I Executed by ENGINEER on: (Date). ENGINEER: By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER: INDIAN RIVER COUNTY By: (Authorized Signature) ** END OF SECTION 00630-Certificate of Substantial Completion REV 04-07 00630-2 F\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport or West\Admim\bid documents\Master Contract Documents\00630-Certificate of Substantial Completion REV 04-07.doc SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK i (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST IRC PROJECT NO: 1123 STATE OF COUNTY OF ' I Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes who on oath i says: That he is the CONTRACTOR with whom Indian River County, Florida, a political i subdivision of said state, did on the day of 120 , enter into a contract for the performance of certain work, more particularly described as follows: I I 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: 'i Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 4 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\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00632-Contractor's Final Certification REV 04-07.doc - i 5. The Work is complete and ready for final acceptance by the OWNER. I 6, CONTRACTOR hereby certifies that it has no claims against the OWNER. i (Corporate Seal) l (Contractor) By: I r Subscribed and sworn to before me this—day of 120 i i Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + i I i i 00632-2 I"Tublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00632-Contractor's Final Certification REV 04-07.doc i 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 i BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that 1 am a Florida Professional Surveyor and Mapper retained by: i i (Insert name of CONTRACTOR) Who is the CONTRACTOR for the following.Project: PROJECT NAME: 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE DIVEST INDIAN RIVER COUNTY PROJECT # 1123 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: r 1 Printed Name: I Florida Professional Surveyor and Mapper Registration Number: I Date Signed and Sealed by Professional Surveyor and Mapper: Company Name: Company Address: Telephone Number: 00634-Professional Surveyor and Mapper's Certification REV 04-07 00634-1 j F'\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00634-Professional Surveyor and Mappers Certification REV 04-07.doc Rev.06/01 i I. STANDARD I 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 j 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 101515th Street N.W.,Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 I I TABLE OF CONTENTS 1 Title page j I 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 j 2.04 Starting the Work.............................. , 2.05 Before Starting Construction..... ........................................... ............ ....... ......................................9 2.06 Preconstruction Conference.............. .................................................................................. ...........9 2.07 Initial Acceptance of Schedules.. . .... . . . ..... ........................... .. ................... ................... .........9 ARTICLE 3-CONTRACT DOCUMENTS- INTENT,AMENDING, REUSE........ .... ................ ... . ..... .............. .. ...10 3.01 Intent........ .................. .............. .. ..... .............................. ... ................ .. ......... ..... . ............ .10 3.02.Reference Standards.................... .................................................... ... .............. ................. .. ......10 i 3.03 Reporting and Resolving Discrepancies............ .................................. .................... . ...................10 3.04 Amending and Supplementing Contract Documents.. .......................... .............. ....... .............. ..10 3.05 Reuse of Documents......... .............................................................................. .................................11 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. . ...... ....................................... ......................... .......12 4.04 Underground Facilities....... . ....... ... ........................ ..... .......................... ... .. .. ..........................12 4.05 Reference Points........................... ... .... ........... ....... ...... ...... ... ....................................................13 4.06 Hazardous Environmental Condition at Site... . ............... ... ... ...... . ....... ............. .... .. ...... ....13 ARTICLE 5-BONDS AND INSURANCE................:... . ........................................ . ...... ................. .... ................ ...15 5.01 Performance, Payment and Other Bonds......... ...................... ....................... ............. ... ....... ..15 5.02 Licensed Sureties and Insurers.................................. ............................... ........................... .........15 5.03 Certificates of Insurance.................................................... . ......................... ..... ..........................15 5.04 CONTRACTOR's Liability Insurance........................................... ........................................ ...........15 i 5.05 OWNER'S Liability Insurance..................................... .. . .... ... ... ............................ .......................16 5.06 Property Insurance.................................................... ...16 j ....... ........ .. .......................................... . ... 5.07 Waiver of Rights................................................................................................................................17 5.08 Receipt and Application of Insurance Proceeds.................................................... .... ....... .............18 5.09 Acceptance of Bonds and Insurance; Option to Replace........................... ...... ................ .............18 5.10 Partial Utilization,Acknowledgment of Property Insurer.............. ....................................................18 i ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES........................ .. ..................... ..................... .........................19 6.01 Supervision and Superintendence... .................................. ... ..... . .................. .......... ................ .19 6.02 Labor; Working Hours............................................................................................................ ....19 ! 6.03 Services, Materials, and Equipment................... ................. ............................... ..........................19 6.04 Progress Schedule...... ..... ..............19 6.05 Substitutes and"Or-Equals"..... ................................................................... ..................... ..............20 6.06 Conceming Subcontractors, Suppliers, and Others ................................ .......................................21 00700-General Conditions REV 5-10-13 00700-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doe I i i 6.07 Patent Fees and Royalties................................................... .................. . ......................................22 6.08 Permits......................................... .............. ............................... ...... ....... ... . ... . ..........................22 6.09 Laws and Regulations.......................................................... . ...... ......... ..... . . ...... .............. .......22 6.10 Taxes............... .................. ..... .......................................................... ........ ............... ....................23 6.11 Use of Site and Other Areas............. ...............................................................................................23 6.12 Record Documents........................ .... ....................... .....................................................................23 6.13 Safety and Protection............................ .......................... . ...................... .. .... .. ........... ................23 6.14 Safety Representative............................................................................................... .......................24 6.15 Hazard Communication Programs......................... .................................... .....................................24 6.16 Emergencies........ ... ......................................... . ....... ..........................:.........................................24 6.17 Shop Drawings and Samples...... .......... ... ................. .. . ..... .. ....... .......... . .... ......... ................24 6.18 Continuing the Work......................................................... .... ........... ..... .. ........ ... .. . .................25 6.19 CONTRACTOR's General Warranty and Guarantee........ ............................................. ................26 6.20 Indemnification................... ........ ............................ ................................................ .......................26 �I ARTICLE7-OTHER WORK......................................... ..... .............. .............. .. .... ................. ................................27 7.01 Related Work at Site................................................................................... .....................................27 7.02 Coordination.............................. ......................... . . ............. ... . ....... . ............ ...... ....... .......... ..27 ARTICLE 8-OWNER'S RESPONSIBILITIES................ .................. ...................... . ................. ..................... ....27 8.01 Communications to Contractor..... . ...... .................. .....................................................................27 8.02 Replacement of ENGINEER............. ................. .... ...................:. .................. ...............................27 8.03 Furnish Data....................................................................................... .............. ... ............... ... .......28 8.04 Pay Promptly When Due................ .......... .. ............ .... ... .............. .................... .. . ....... .... . ..28 8.05 Lands and Easements,Reports and Tests.. .. . .................. ................................................... . ....28 8 06 Insurance.......... ......... .............. ... . .................. .................... ... . .................. .. ... ................. . ....28 8.07 Change Orders................ ................. . ............................. ................ ....................... ................. ..28 8.08 Inspections, Tests, and Approvals.......... ................................................... .................... ............. ..28 8.09 Limitations on O WNER s Responsibilities........ ...:...........................................................................28 8.10 Undisclosed Hazardous Environmental Condition....... ......................... ............ ........ ...................28 8.11 Evidence of Financial Arrangements....................................... .... ....... ............... . ....... .. ..........28 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION................................... ................ ......... ..............28 9 01 OWNER'S Representative.............................................. .............. ............................ ... ................28 9 02 Visits to Site.................................................................................. .............................................. .....28 9.03 Project Representative.......................................... ...... ....................................................................29 9.04 Clarifications and Interpretations............................................. . .......................... ........... . ..............29 9.05 Authorized Variations in Work..................................................... .....................................................29 9.06 Rejecting Defective Work..................................................................................................................29 9.07 Shop Drawings, Change Orders and Payments..... ...................................... .......................... ......29 9.08 Determination for Unit Price Work.................................. ........ .................. .............. ......................29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work.............................29 9.10 Limitations on ENGINEER's Authority and Responsibilities....................................... .....................30 ARTICLE 10-CHANGES IN THE WORK; CLAIMS........................................................... ................. ......................30 10.01 Authorized Changes in the Work............................... ....................................................................30 10 02 Unauthorized Changes in the Work....... ...................................................... ........... .....................30 10.03 Execution of Change Orders............................................................................................. .............30 10.04 Notification to Surety.......................................................................................................................31 10 05 Claims and Disputes...................................................................................................................... 31 00700-General Conditions REV 5-10-13 00700-3 F-\Public Works\ENGINEERING DIVISION PROJECTS\i 123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WesMdmim\bid documentsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK...............................................31 1101 Cost of the Work... ......... ... ............................................. .. ....... ..... .................... .. ..... ..............31 11.02 Cash Allowances............................................................................. . ............................... ...........33 11.03 Unit Price Work........................................................ ......................................................................34 ARTICLE 12-CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES...... .......................................34 12.01 Change of Contract Price.......................................................................................................... .....34 12.02 Change of Contract Times.............................................. .............. ................................................35 12.03 Delays Beyond CONTRACTOR's Control...... ....................................... ... ... ................................35 12.04 Delays Within CONTRACTOR's Control....................................................................................... 35 12.05 Delays Beyond OWNER'S and Contractor's Control.................... ................................................35 12.06 Delay Damages................................................................................................................. .............35 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK................................................................ ....... ........ .......... ................ ............... ....36 13.01 Notice of Defects.......................................................... ................................ .... ............................36 13.02 Access to Work.............................................. ......................... ......................... ................. ..........36 13 03 Tests and inspections...................... .................. ... . ............................................. ........ ...............36 13.04 Uncovering Work................................................................................................................. .......... 36 13.05 OWNER May Stop the Work...... ......... ..................... ......................................................... .........37 13.06 Correction or Removal of Defective Work............................. ........................................................37 13 07 Correction Period......... .... ... .... .... ............................................................. .................................37 13.08 Acceptance of Defective Work.......................... ................. .................................. ..... ..................37 13.09 OWNER May Correct Defective Work........... ........... ...... .................. ........................................ .38 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION...........:...........................................................38 14.01 Schedule of Values........... .............................................................................................................38 14.02 Progress Payments.......................... ...................................................................... .................. ....38 14.03 CONTRACTOR's Warranty of Title............................. .. .. ............... ....... ...... ........ ........ ...........40 14.04 Substantial Completion................................................. ..... ...........................................................40 14 05 Partial Utilization.............. ............41 ....................:................. ... .................... ................................... 14.06 Final Inspection....................................................................................... ............... .......................41 14.07 Final Payment.............. ...................................... ...........................................................................41 14.08 Final Completion Delayed.............................................................................................42 14.09 Waiver of Claims................................... ........................... ..... ............... . ... ............................ ..42 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION.................................................................................42 15.01 OWNER May Suspend Work....... .................................................................................................42 15.02 OWNER May Terminate for Cause.................................. ................................. ...........................43 15.03 OWNER May Terminate For Convenience....................................................................................43 15.04 CONTRACTOR May Stop Work or Terminate.................... ..........................................................44 ARTICLE 16-DISPUTE RESOLUTION......................................................................................................................44 16.01 Methods and Procedures................................................................................................................44 ARTICLE17-MISCELLANEOUS................................................................................................................................44 17.01 Giving Notice...................................................................................................................................44 17.02 Computation of Times............................................................ ........................................:...............44 17.03 Cumulative Remedies....................................... ......... ...................................................................44 17.04 Survival of Obligations.......... .......................... ..............................................................................44 17.05 Controlling Law............................................................................................... ....... .............. .........44 00700-General Conditions REV 5-10-13 00700-4 F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Lnprovements 26th SL to Airport Dr WesMdmim\bid documemsWaster Contract Documents\00700-General Conditions REV 5-10-13.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY Price or the Contract Times, issued on or after the j Effective Date of the Agreement. 1.01 Defined Terms 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of i A. Wherever used in the Contract Documents Contract Price or Contract Times, or both, or other and printed with initial or all capital letters, the terms relief with respect to the terms of the Contract. A i listed below will have the meanings indicated which demand for money or services by a third party is not a are applicable to both the singular and plural thereof. Claim. i 1. Addenda—Written or graphic instruments 11. Contract--The entire and integrated issued prior to the opening of Bids which clarify, written agreement between the OWNER and correct, or change the Bidding Requirements or the CONTRACTOR concerning the Work. The Contract Contract Documents. supersedes prior negotiations, representations, or i agreements,whether written or oral. 2. Agreement—The written instrument which is evidence of the agreement between OWNER and 12. Contract Documents--The Contract CONTRACTOR covering the Work. Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which 3. Application for Payment--The form pertain to the Contract Documents), CONTRACTOR's acceptable to ENGINEER which is to be used by Bid (including documentation accompanying the Bid CONTRACTOR during the course of the Work in and any post Bid documentation submitted prior to the requesting progress or final payments and which is to Notice of Award) when attached as an exhibit to the be accompanied by such supporting documentation Agreement, the Notice to Proceed, the Bonds, these i as is required by the Contract Documents. General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are 4. Asbestos--Any material that contains more specifically identified in the Agreement, together i more than one percent asbestos and is friable or is with all Written Amendments, Change Orders, Work releasing asbestos fibers into the air above current Change Directives, Field Orders, and ENGINEER's action levels established by the United States Occupa- written interpretations and clarifications issued on or tional Safety and Health Administration. after the Effective Date of the Agreement. Approved Shop Drawings and the' reports and drawings of 5. Bid—The offer or proposal of a bidder subsurface and physical conditions are not Contract submitted on the prescribed form setting forth the Documents. Only printed or hard copies of the items prices for the Work to be performed. listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and 6. Bidding Documents--The Bidding the like that may be furnished by OWNER to Requirements and the proposed Contract Documents CONTRACTOR are not Contract Documents. (including all Addenda issued prior to receipt of Bids). 13. Contract Price--The moneys payable by 7. Bidding Requirements—The OWNER to CONTRACTOR for completion of the Advertisement or Invitation to Bid, Instructions to Work in accordance with the Contract Documents as Bidders, Bid security form, if any, and the Bid form stated in the Agreement (subject to the provisions of with any supplements. paragraph 11.03 in the case of Unit Price Work). 8. Bonds--Performance and payment bonds 14. Contract Times--The number of days or and other instruments of security. the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so 9. Change Order--A document recommend- that it is ready for final payment as evidenced by i ed by ENGINEER which is signed by CONTRACTOR ENGINEER's written recommendation of final pay- and OWNER and authorizes an addition, deletion, or ment. revision in the Work or an adjustment in the Contract I 00700-General Conditions REV 5-10-13 00700-5 F-\Public Works\ENGINEERING DIVISION PROJECTS\l 123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\tetaster Contract Documents\00700-General Conditions REV 5-10-13.dac f i i 15. CONTRACTOR--The individual or entity with whom OWNER has entered into the Agreement. 26. Liens-Charges, security interests, or encumbrances upon Project funds, real property, or 16. Cost of the Work-See paragraph 11.01.A personal property. for definition. 27. Milestone--A principal event specified in 17. Drawings--That part of the Contract the Contract Documents relating to an intermediate Documents prepared or approved by ENGINEER completion date or time prior to Substantial Comple- which graphically shows the scope, extent, and tion of all the Work. character of the Work to be performed by CONTRACTOR. Shop Drawings and other 28. Notice of Award--The written notice by CONTRACTOR submittals are not Drawings as so OWNER to the apparent successful bidder stating that defined. upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, 18. Effective Date of the Agreement--The OWNER will sign and deliver the Agreement. date indicated in the Agreement on which.it becomes effective, but if no such date is indicated, it means the 29. Notice to Proceed--A written notice given date on which the Agreement is signed and delivered by OWNER to CONTRACTOR fixing the date on by the last of the two parties to sign and deliver. which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the 19. ENGINEER-The individual or entity Work under the Contract Documents. named as such in the Agreement. 30. OWNER--The individual, entity, public 20 EntGINEER�s Consultant A., individual „ body, or authority with whom CONTRACTOR has entity having a ,GntraGt with ENGINEER to furnish entered into the Agreement and for whom the Work is services as ENGIA EER's independent w afessional to be performed. w;o- -ide^+fi„ as� the SupplemeRt@Fy 31. Partial Utilization-Use by OWNER of a Conditions. substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) 21. Field Order--A written order issued by prior to Substantial Completion of all the Work. ENGINEER which requires minor changes in the Work but which does not involve a change in the 32. PCBs-Polychlorinated biphenyls. Contract Price or the Contract Times. 33. Petroleum-Petroleum, including crude oil 22. General Requirements--Sections of or any fraction thereof which is liquid at standard Division 1 of the Specifications. The General conditions of temperature and pressure (60 degrees Requirements pertain to all sections of the Specifica- Fahrenheit and 14.7 pounds per square inch tions. absolute), such as oil, petroleum,fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other 23. Hazardous Environmental Condition--The non-Hazardous Waste and crude oils. presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such 34. Project-The total construction of which quantities or circumstances that may present a the Work to be performed under the Contract substantial danger to persons or property exposed Documents may be the whole, or a part as may be thereto in connection with the Work. indicated elsewhere in the Contract Documents. 24. Hazardous Waste-The term Hazardous 35. Project Manual-The bound documentary Waste shall have the meaning provided in Section information prepared for bidding and constructing the 1004 of the Solid Waste Disposal Act (42 USC Work. A listing of the contents of the Project Manual, Section 6903)as amended from time to time. which may be bound in one or more volumes, is contained in the table(s)of contents. 25. Laws and Regulations; Laws or Regulat- ions-Any and all applicable laws, rules, regulations, 36. Radioactive Material-Source, special ordinances, codes, and orders of any and all govern- nuclear, or byproduct material as defined by the mental bodies, agencies, authorities, and courts Atomic Energy Act of 1954 (42 USC Section 2011 et having jurisdiction. seq.)as amended from time to time. 00700-General Conditions REV 5-10-13 00700-6 l"Tublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or West\Admim\bid documents\Master Contract Documents\00700- General Conditions REV 510-13.doc I 46. Underground Facilities--All underground 37. Resident Project Representative--The pipelines, conduits, ducts, cables, wires, manholes, authorized representative of ENGINEER who may be vaults, tanks, tunnels, or other such facilities or assigned to the Site or any part thereof. attachments, and any encasements containing such facilities, including those that convey electricity, gases, 38. Samples--Physical examples of steam, liquid petroleum products, telephone or other materials, equipment, or workmanship that are communications, cable television, water, wastewater, representative of some portion of the Work and which storm water, other liquids or chemicals, or traffic or establish the standards by which such portion of the other control systems. Work will be judged. 47. Unit Price Work--Work to be paid for on 39. Shop Drawings--All drawings, diagrams, the basis of unit prices. illustrations schedules, and other data or information which are specifically prepared or assembled by or for 48. Work--The entire completed construction CONTRACTOR and submitted by CONTRACTOR to or the various separately identifiable parts thereof re- illustrate some portion of the Work. quired to be provided under the Contract Documents. Work includes and is the result of performing or 40. Site--Lands or areas indicated in the providing all labor, services, and documentation Contract Documents as being furnished by OWNER necessary to produce such construction, and upon which the Work is to be performed, including furnishing, installing, and incorporating all materials rights-of-way and easements for access thereto, and and equipment into such construction, all as required such other lands furnished by OWNER which are by the Contract Documents. designated for the use of CONTRACTOR. - 49. Work Change Directive--A written 41. Specifications--That part of the Contract statement to CONTRACTOR issued on or after the Documents consisting of written technical descriptions Effective Date of the Agreement and signed by of materials, equipment, systems, standards, and OWNER and recommended by ENGINEER ordering j workmanship as applied to the Work and certain an addition, deletion, or revision in the Work, or I administrative details applicable thereto. responding to differing or unforeseen subsurface or i _ physical conditions under which the Work is to be 42. Subcontractor--An individual or entity performed or to emergencies. A Work Change having a direct contract with CONTRACTOR or with Directive will not change the Contract Price or the any other Subcontractor for the performance of a part Contract Times but is evidence that the parties expect of the Work at the Site. that the change ordered or documented by a Work Change Directive will be incorporated in a subse- 43. Substantial Completion--The time at quently issued Change Order following negotiations by which the Work (or a specified part thereof) has the parties as to its effect, if any,on the Contract Price progressed to the point where, in the opinion of or Contract Times. ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract 50. Written Amendment—A written statement Documents, so that the Work (or a specified part modifying the Contract Documents, signed by thereof) can be utilized for the purposes for which it is OWNER and CONTRACTOR on or after the Effective intended. The terms "substantially complete" and Date of the Agreement and normally dealing with the "substantially completed"as applied to all or part of the nonengineering or nontechnical rather than strictly Work refer to Substantial Completion thereof. construction-related aspects of the Contract Docu- ments. 44. Supplementary Conditions--That part of the Contract Documents which amends or 1.02 Terminology supplements these General Conditions. A. Intent of Certain Terms.or Adjectives 45. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a 1. Whenever in the Contract Documents the direct contract with CONTRACTOR or with any terms "as allowed," "as approved," or terms of like Subcontractor to furnish materials or equipment to be effect or import are used, or the adjectives incorporated in the Work by CONTRACTOR or any "reasonable," "suitable," "acceptable," "proper," Subcontractor "satisfactory," or adjectives of like effect or import are used to describe an action or determination of 00700-General Conditions REV 5-10-13 00700-7 I'APublic Works\ENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00700- General Conditions REV 5-1b-13.doc ENGINEER as to the Work, it is intended that such materials, er-eg4prreril, -_.hall —e-aR to furnish action or determination will be solely to evaluate, in and instal4 said services, materials, or general, the completed Work for compliance with eg iprAen} ^^mnlete and ready fer intended the requirements of and information in the Contract use. Documents and conformance with the design concept of the completed Project as a functioning 4. When "furnish," "install," "perform," or whole as shown or indicated in the Contract "provide" is not used in connection with services, Documents (unless there is a specific statement materials, or equipment in a context clearly indicating otherwise). The use of any such term or requiring an obligation of CONTRACTOR, adjective shall not be effective to assign to ENGI- "provide"is implied. NEER any duty or authority to supervise or direct the performance of the Work or any duty or E. Unless stated otherwise in the Contract Docu- authority to undertake responsibility contrary to the ments, words or phrases which have a well-known provisions of paragraph 9.10 or any other provision technical or construction industry or trade meaning are of the Contract Documents. used in the Contract Documents in accordance with such recognized meaning. B. Day 1. The word "day" shall constitute a ARTICLE 2-PRELIMINARY MATTERS calendar day of 24 hours measured from midnight to the next midnight. 2.01 Delivery of Bonds C. Defective A. When CONTRACTOR delivers the executed 1. The word"defective,"when modifying Agreements to OWNER, CONTRACTOR shall also the word "Work," refers to Work that is deliver to OWNER such Bonds as CONTRACTOR unsatisfactory, faulty, or deficient in that it does may be required to furnish. not conform to the Contract Documents or does not meet the requirements of any inspection, 2.02 Copies of Documents reference standard, test, or approval referred to in the Contract Documents, or has been A. OWNER shall furnish to CONTRACTOR up damaged prior to ENGINEER's recom- to ten copies of the Contract Documents. Additional mendation of final payment (unless responsi- copies will be furnished upon request at the cost of bility for the protection thereof has been reproduction. assumed by OWNER at Substantial Completion in accordance with paragraph 2.03 Commencement of Contract Times, Notice 14.04 or 14.05). to Proceed D. Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- 1. The word 44nish,"\when—used in ment or, if a Notice to Proceed is given, on the day GorIneotion with seFViGes, materials, er indicated in the Notice to Proceed. A Notice to Pro- it, shall mean to supply and delive may be given at any time within 30 days after the seriiGes, material-;—r Rent to the Effective Date of the Agreement. In no event will the Site (or seme other speGified loGatiori) ready for Contract Times commence to run later than the use or iristallatien and iR usable or i ninetieth day after the day of Bid opening or the GOnciffitoon. thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2. The wend"instar"when—used—iR GOnnestien with services, materials,' er 2.04 Starting the Work iI it shall moan to put into or h_e in final—position said sewiGes, materials, e A. CONTRACTOR shall start to perform the equipment GGFnplete and ready for Work on the date when the Contract Times com- use. mence,to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to 3. The words "perferm" or " re ride" run. when used in Gonneotion—Jnrith --- 00700-General Conditions REV 5-10-13 00700-8 RNPublic WorWENGINEE RING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admlm\bld documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc i 2.05 Before Starting Construction 2.06 Preconstruction Conference j I A. CONTRACTOR's Review of Contract Docu- A. Within 20 days aftef thn, tract Times start j ments: Before undertaking each part of the Work, to run, but befere aRy W9Fk at the Site is stu ted,a CONTRACTOR shall carefully study and compare theG1A1„. , Contract Documents and check and verify pertinent and etheFs as appropriate well be held tG establish a figures therein and all applicable field measurements. weFking UlPiderstandiRq among the parties as te the CONTRACTOR shall promptly report in writing to Werk and to diSGUSS the sGhedules refeFFed to in para- ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and and ether submittals, pNGessin 9 °� pp:;oafions-fb shall obtain a written interpretation or clarification from Payment, and maintaining requiFed reGGF ENGINEER before proceeding with any Work affected i thereby; however, CONTRACTOR shall not be liable 2.07 Initial Acceptance of Schedules to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the A. Unless otherwise provided in the Contract Contract Documents unless CONTRACTOR knew or Documents, at least ten days before submission of the j reasonably should have known thereof. first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri- B. Preliminary Schedules: Within ten days after ate will be held to review for acceptability to ENGI- the Effective Date of the Agreement(unless otherwise NEER as provided below the schedules submitted in specified in the General Requirements), CONTRAC- accordance with paragraph 2.05.6. CONTRACTOR TOR shall submit to ENGINEER for its timely review: shall have an additional ten days to make corrections j and adjustments and to complete and resubmit the i 1. a preliminary progress schedule schedules. No progress payment shall be made to indicating the times(numbers of days or dates) CONTRACTOR until acceptable schedules are for starting and completing the various stages submitted to ENGINEER. of the Work, including any Milestones specified in the Contract Documents; 1. The progress schedule will be acceptable to ENGINEER if it provides an 2. a preliminary schedule of Shop orderly progression of the Work to completion Drawing and Sample submittals which will list within any specified .Milestones and the each required submittal and the times for sub- Contract Times. Such acceptance will not miffing, reviewing, and processing such impose on ENGINEER responsibility for the submittal; and progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or f 3. a preliminary schedule of values for relieve CONTRACTOR from CONTRACTOR's all of the Work which includes quantities and full responsibility therefor. j prices of items which when added together equal the Contract Price and subdivides the 2. CONTRACTOR's schedule of Shop Work into component parts in sufficient detail to Drawing and Sample submittals will be serve as the basis for progress payments acceptable to ENGINEER if it provides a during performance of the Work. Such prices workable arrangement for reviewing and j will include an appropriate amount of overhead processing the required submittals. I and profit applicable to each item of Work. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form the Site is .{,.rt.d, GONTQAGTOR uRd OWNER shall and substance if it provides a reasonable eas#—deliver t9 the otheF,with -sepies—to—each allocation of the Contract Price to component add;tieRal insured identified On the SupplernentaFy parts of the Work. GendefiaRs> I ey'deRne of n...u au Ge whish oi4hor f th m eany I �...�� .r-rrvr r-��crro AFflGIe 5. f I 00700-General Conditions REV 510.13 00700-9 F\Public WorkstENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St,to Airport Dr WestMmimlbid documentsWaster Contract Documentsl00700- General Conditions REV 510-13.doc undertake responsibility inconsistent with the ARTICLE 3-CONTRACT DOCUMENTS: INTENT, provisions of the Contract Documents AMENDING, REUSE 3.03 Reporting and Resolving Discrepancies 3.01 Intent A. Reporting Discrepancies A. The Contract Documents are comple- 1. If, during the performance of the menta • what is called for b one is as binding as if Work CONTRACTOR discovers an conflict �Y� Y 9 Y , called for by all. error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract B. It is the intent of the Contract Documents to Documents and any provision of any Law or describe a functionally complete Project(or part there- Regulation applicable to the performance of the of) to be constructed in accordance with the Contract Work or of any standard, specification, manual Documents. Any labor, documentation, services, or code, or of any instruction of any Supplier, materials, or equipment that may reasonably be CONTRACTOR shall report it to ENGINEER in inferred from the Contract Documents or from writing at once. CONTRACTOR shall not prevailing custom or trade usage as being required to proceed with the Work affected thereby(except produce the intended result will be provided whether in an emergency as required by paragraph or not specifically called for at no additional cost to 6.16.A) until an amendment or supplement to OWNER. the Contract Documents has been issued by one of the methods indicated in paragraph C. Clarifications and interpretations of the 3.04; provided, however, that CONTRACTOR Contract Documents shall be issued by ENGINEER shall not be liable to OWNER or ENGINEER for as provided in Article 9. failure to report any such conflict, error, ambiguity, or discrepancy unless CON- 3.02 Reference Standards TRACTOR knew or reasonably should have known thereof. A. Standards, Specifications, Codes, Laws, and I Regulations B. Resolving Discrepancies 1. Reference to standards, specifica- 1. Except as may be otherwise tions, manuals, or codes of any technical specifically stated in the Contract Documents, society, organization, or association, or to Laws the provisions of the Contract Documents shall or Regulations, whether such reference be take precedence in resolving any conflict, error, specific or by implication, shall mean the stan- ambiguity, or discrepancy between the dard, specification, manual, code, or Laws or provisions of the Contract Documents and: Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement a. the provisions of any standard, if there were no Bids), except as may be specification, manual, code, or instruction otherwise specifically stated in the Contract (whether or not specifically incorporated by Documents. reference in the Contract Documents);or 2. No provision of any such standard, b. the provisions of any Laws or specification, manual or code, or any instruction Regulations applicable to the performance of a Supplier shall be effective to change the of the Work(unless such an interpretation of duties or responsibilities of OWNER, the provisions of the Contract Documents CONTRACTOR, or ENGINEER, or any of their would result in violation of such Law or subcontractors, consultants, agents, or employ- Regulation). ees from those set forth in the Contract Documents, nor shall any such provision or 3.04 Amending and Supplementing Contract instruction be effective to assign to OWNER, Documents ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or A. The Contract Documents may be amended to authority to supervise or direct the performance provide for additions, deletions, and revisions in the of the Work or any duty or authority to Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written 00700-General Conditions REV 5-10-13 00700-10 PkPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Or West\Admim\bid documentslMaster Contract Documents\00700- General Conditions REV 5-10-13.doc if I Amendment; (ii) a Change Order; or (iii) a Work B. Upon reasonable written request, OWNER Change Directive. shall furnish CONTRACTOR with a current statement i of record legal title and legal description of the lands B. The requirements of the Contract Documents upon which the Work is to be performed and may be supplemented, and minor variations and OWNER's interest therein as necessary for giving I deviations in the Work may be authorized, by one or notice of or filing a mechanic's or construction lien more of the following ways: (i) a Field Order; (ii) against such lands in accordance with applicable i ENGINEER's approval of a Shop Drawing or Sample; Laws and Regulations. or (iii) ENGINEER's written interpretation or clarifi- cation._ C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for 3.05 Reuse of Documents temporary construction facilities or storage of materials and equipment. A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or 4.02 Subsurface and Physical Conditions furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire A. Reports and Drawings: The Supplementary ! any title to or ownership rights in any of the Drawings, Conditions identify: Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of 1. those reports of explorations and ENGINEER or ENGINEER's Consultant, including tests of subsurface conditions at or contiguous electronic media editions; and (ii) shall not reuse any to the Site that ENGINEER has used in of such Drawings, Specifications, other documents, or preparing the Contract Documents; and copies thereof on extensions of the Project or any other project without written consent of OWNER and 2. those drawings of physical ENGINEER and specific written verification or conditions in or relating to existing surface or j adaption by ENGINEER. This prohibition will survive subsurface structures at or contiguous to the final payment, completion, and acceptance of the Site (except Underground Facilities) that ENGI- Work, or termination or completion of the Contract. NEER has used in preparing the Contract Nothing herein shall preclude CONTRACTOR from Documents. retaining copies of the Contract Documents for record purposes. B Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" ARTICLE 4-AVAILABILITY OF LANDS; contained in such reports and drawings, but such SUBSURFACE AND PHYSICAL CONDITIONS; reports and drawings are not Contract Documents REFERENCE POINTS Such "technical data" is identified in the Supplementa- ry Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or 4.01 Availability of Lands make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or 1. the completeness of such reports restrictions not of general application but specifically and drawings for CONTRACTOR's purposes, related to use of the Site with which CONTRACTOR including, but not limited to, any aspects of the must comply in performing the Work. OWNER will means, methods, techniques, sequences, and obtain in a timely manner and pay for easements for procedures of construction to be employed by permanent structures or permanent changes in CONTRACTOR, and safety precautions and existing facilities. If CONTRACTOR and OWNER are programs incident thereto; or unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price 2. other data, interpretations, opinions, or Contract Times, or both, as a result of any delay in and information contained in such reports or OWNER's furnishing the Site, CONTRACTOR may shown or indicated in such drawings; or make a Claim therefor as provided in paragraph 10.05. 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" OD700-General Conditions REV 5-10-13 00700-11 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th Sl.to Airport Dr WestlAdmim\bid documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc ! or any such other data, interpretations, a. such condition must meet any one or opinions, or information. more of the categories described in para- graph 4.03.A; and 4.03 Differing Subsurface or Physical Conditions b. with respect to Work that is paid for A. Notice: If CONTRACTOR believes that any on a Unit Price Basis, any adjustment in subsurface or physical condition at or contiguous to Contract Price will be subject to the the Site that is uncovered or revealed either: provisions of paragraphs 9.08 and 11.03. i 1. is of such a nature as to establish 2. CONTRACTOR shall not be entitled that any "technical data" on which CONTRAC- to any adjustment in the Contract Price or TOR is entitled to rely as provided in paragraph Contract Times if: 4.02 is materially inaccurate;or a. CONTRACTOR knew of the 2. is of such a nature as to require a existence of such conditions at the time change in the Contract Documents; or CONTRACTOR made a final commitment to OWNER in respect of Contract Price and 3. differs materially from that shown or Contract Times by the submission of a Bid indicated in the Contract Documents; or or becoming bound under a negotiated contract; or 4. is of an unusual nature, and differs materially from conditions ordinarily b. the existence of such condition could encountered and generally recognized as inher- reasonably have been discovered or ent in work of the character provided for in the revealed as a result of any examination, Contract Documents; investigation, exploration, test, or study of the Site and contiguous areas required by � then CONTRACTOR shall, promptly after becoming the Bidding Requirements or Contract aware thereof and before further disturbing the Documents to be conducted by or for CON- subsurface or physical conditions or performing any TRACTOR prior to CONTRACTOR's Work in connection therewith (except in an emergency making such final commitment; or as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. c. CONTRACTOR failed to give the i CONTRACTOR shall not further disturb such written notice within the time and as re- condition or perform any Work in connection therewith quired by paragraph 4.03.A. (except as aforesaid)until receipt of written order to do so. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the B. ENGINEER's Review: After receipt of written amount or extent, if any, of any adjustment in notice as required by paragraph 4.03.A, ENGINEER the Contract Price or Contract Times, or both, a Will promptly review the pertinent condition, determine Claim may be made therefor as provided in the necessity of OWNER's obtaining additional paragraph 10.05. However, OWNER, exploration or tests with respect thereto, and advise ENGINEER, and ENGINEER's Consultants OWNER in writing (with a copy to CONTRACTOR) of shall not be liable to CONTRACTOR for any ENGINEER's findings and conclusions. claims, costs, losses, or damages (including but not limited to all fees and charges of C. Possible Price and Times Adjustments engineers, architects, attorneys, and other professionals and all court or arbitration or other 1. The Contract Price or the Contract dispute resolution costs) sustained by Times, or both, will be equitably adjusted to the CONTRACTOR on or in connection with any extent that the existence of such differing other project or anticipated project. subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost 4.04 Underground Facilities of, or time required for, performance of the Work; subject, however, to the following: A. Shown or Indicated:The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and 00700-General Conditions REV 510-13 00700-12 R%Public WorkskENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or WeslWdmim\bld documents\Master Contract Documenls\00700- General Conditions REV 510-13.doc i I data furnished to OWNER or ENGINEER by the be made in the Contract Price or Contract I owners of such Underground Facilities, including Times, or both, to the extent that they are OWNER, or by others. Unless it is otherwise attributable to the existence or location of any expressly provided in the Supplementary Conditions: Underground Facility that was not shown or indicated or not shown or indicated with 1. OWNER and ENGINEER shall not reasonable accuracy in the Contract be responsible for the accuracy or com- Documents and that CONTRACTOR did not pleteness of any such information or data; and know of and could not reasonably have been expected to be aware of or to have anticipated. 2. the cost of all of the following will be If OWNER and CONTRACTOR are unable to included in the Contract Price, and CONTRAC- agree on entitlement to or on the amount or TOR shall have full responsibility for: extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or a. reviewing and checking all such CONTRACTOR may make a Claim therefor as information and data; provided in paragraph 10.05. b. locating all Underground Facilities 4.05 Reference Points I shown or indicated in the Contract Documents, A. OWNER shall provide engineering surveys to establish reference points for construction which in c. coordination of the Work with the ENGINEER's judgment are necessary to enable owners of such Underground Facilities, CONTRACTOR to proceed with the Work. CON- including OWNER, during construction, and TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established d. the safety and protection of all such reference points and property monuments, and shall Underground Facilities and repairing any make no changes or relocations without the prior damage thereto resulting from the Work. written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or B. Not Shown or Indicated property monument is lost or destroyed or requires relocation because of necessary changes in grades or 1. If an Underground Facility ° is locations, and shall be responsible for the accurate uncovered or revealed at or contiguous to the replacement or relocation of such reference points or Site which was not shown or indicated, or not property monuments by professionally qualified shown or indicated with reasonable accuracy in personnel. the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and 4.06 Hazardous Environmental Condition at Site before further disturbing conditions affected thereby or performing any Work in connection A. Reports and Drawings: Reference is made to therewith (except in an emergency as required the Supplementary Conditions for the identification of by paragraph 6.16.A), identify the owner of those reports and drawings relating to a Hazardous such Underground Facility and give written Environmental Condition identified at the Site, if any, notice to that owner and to OWNER and ENGk that have been utilized by the ENGINEER in the NEER. ENGINEER will promptly review the preparation of the Contract Documents. Underground Facility and determine the extent, if any, to which a change is required in the B. Limited Reliance by CONTRACTOR on Contract Documents to reflect.and document Technical Data Authorized. CONTRACTOR may rely the consequences of the existence or location upon the general accuracy of the "technical data" of the Underground Facility. During such time, contained in such reports and drawings, but such CONTRACTOR shall be responsible for the reports and drawings are not Contract Documents. safety and protection of such Underground Such "technical data" is identified in the Facility. Supplementary Conditions. Except for such reliance on such"technical data,"CONTRACTOR may not rely 2. If ENGINEER concludes that a upon or make any Claim against OWNER, change in the Contract Documents is required, ENGINEER or any of ENGINEER's Consultants with a Work Change Directive or a Change Order respect to: will be issued to reflect and document such consequences. An equitable adjustment shall 00700-General Conditions REV 5-10-13 00700-13 F•1Public Works%ENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th Sl.to Airport Dr West\Admim\bid documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc I 1. the completeness of such reports CONTRACTOR, either party may make a Claim and drawings for CONTRACTOR's purposes, therefor as provided in paragraph 10.05. including, but not limited to, any aspects of the means, methods, techniques, sequences and F If after receipt of such written notice procedures of construction to be employed by CONTRACTOR does not agree to resume such Work CONTRACTOR and safety precautions and based on a reasonable belief it is unsafe, or does not programs incident thereto;or agree to resume such Work under such special condi- tions,then OWNER may order the portion of the Work 2. other data, interpretations, opinions that is in the area affected by such condition to be and information contained in such reports or deleted from the Work. If OWNER and CON- shown or indicated in such drawings; or TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract 3. any CONTRACTOR interpretation of Price or Contract Times as a result of deleting such or conclusion drawn from any "technical data" portion of the Work, then either party may make a or any such other data, interpretations, opinions Claim therefor as provided in paragraph 10.05. or information. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in C. CONTRACTOR shall not be responsible for accordance with Article 7. any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated G. To the fullest extent permitted by Laws and in Drawings or Specifications or identified in the Regulations, OWNER shall indemnify and hold Contract Documents to be within the scope of the harmless CONTRACTOR, Subcontractors, ENGI- Work. CONTRACTOR shall be responsible for a NEER, ENGINEER's Consultants and the officers, Hazardous Environmental Condition created with any directors, partners, employees, agents, other materials brought to the Site by CONTRACTOR, consultants, and subcontractors of each and any of Subcontractors, Suppliers, or anyone else for whom them from and against all claims, costs, losses, and CONTRACTOR is responsible. damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other D. If CONTRACTOR encounters a Hazardous professionals and all court or arbitration or other Environmental Condition or if CONTRACTOR or dispute resolution costs) arising out of or relating to a anyone for whom CONTRACTOR is responsible Hazardous Environmental Condition, provided that creates a Hazardous Environmental Condition, such Hazardous Environmental Condition: (i) was not CONTRACTOR shall immediately: (i) secure or shown or indicated in the Drawings or Specifications otherwise isolate such condition; (ii) stop all Work in or identified in the Contract Documents to be included connection with such condition and in any area within the scope of the Work, and (ii) was not created affected thereby (except in an emergency as required by CONTRACTOR or by anyone for whom by paragraph 6.16); and (iii) notify OWNER and ENGI- CONTRACTOR is responsible. Nothing in this para- NEER (and promptly thereafter confirm such notice in graph 4.06.E shall obligate OWNER to indemnify any writing). OWNER shall promptly consult with individual or entity from and against the consequences ENGINEER concerning the necessity for OWNER to of that individual's or entity's own negligence. retain a qualified expert to evaluate such condition or take corrective action, if any. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold E. CONTRACTOR shall not be required to harmless OWNER, ENGINEER, ENGINEER's resume Work in connection with such condition or in Consultants, and the officers, directors, partners, any affected area until after OWNER has obtained any employees, agents, other consultants, and required permits related thereto and delivered to subcontractors of each and any of them from and CONTRACTOR written notice: (i) specifying that such against all claims, costs, losses, and damages condition and any affected area is or has been (including but not limited to all fees and charges of rendered safe for the resumption of Work; or (ii) engineers, architects, attorneys, and other specifying any special conditions under which such professionals and all court or arbitration or other Work may be resumed safely. If OWNER and dispute resolution costs) arising out of or relating to a CONTRACTOR cannot agree as to entitlement to or Hazardous Environmental Condition created by on the amount or extent, if any, of any adjustment in CONTRACTOR or by anyone for whom Contract Price or Contract Times, or both, as a result CONTRACTOR is responsible. Nothing in this of such Work stoppage or such special conditions paragraph 4.06.F shall obligate CONTRACTOR to under which Work is agreed to be resumed by indemnify any individual or entity from and against the 00700-General Conditions REV 5-10-13 00700-14 FAPublic Works%ENGINEERING DIVISION PROJECTSl1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestAdmim\bid documentslMaster Contract Documents100700- General Conditions REV 5-10-13.doc consequences of that individual's or entity's own negli- limits and coverages so required. Such surety and gence. insurance companies shall also meet such additional requirements and qualifications as may be provided in I. The provisions of paragraphs 4.02, 4.03, and the Supplementary Conditions. 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the 5.03 Certificates of Insurance Site. A. CONTRACTOR shall deliver to OWNER,with copies to each additional insured identified in the ARTICLE 5- BONDS AND INSURANCE Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- 5.01 Performance, Payment, and Other Bonds TRACTOR is required to purchase and maintain. A. GONTRAGTOR shall furnish perfGrmaRG to eaGh additiGnal insured identified in the Supple and payment Bonds, eaGh in an aFAGURt at easteual d ester! {)„f`ONTRAG manGe and payment of all CONTRACTOR's TOR eF aRy Gther additional ipsuwedl) A44ieh OWNER ebligatiens under the Gentraet DeGaments. Thes is requiFed tG purGhase and MaiRtaiR. RnnAs shall remain i effect at least unto! ene yea after thr—he date when final nn„montT,t benen m_,es due 5.04 CONTRACTOR's Liability Insurance eXGept as nreyided nthepmese by Laws yr Re uluuv ,.. or by the QentFaGt DGGUrnents. GONTRAGTOR shall A. CONTRACTOR shall purchase and maintain also fUFRiSh SUGh GtheF Bonds as are requiped by the such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise B. All Bonds shall be in the form prescribed by out of or result from CONTRACTOR's performance of the Contract Documents except as provided otherwise the Work and CONTRACTOR's other obligations by Laws or Regulations, and shall be executed by under the Contract Documents, whether it is to be per- such sureties as are named in the current list of"Com- formed by CONTRACTOR, any Subcontractor or panies Holding Certificates of Authority as Acceptable Supplier, or by anyone directly or indirectly employed Sureties on Federal Bonds and as Acceptable by any of them to perform any of the Work, or by Reinsuring Companies" as published in Circular 570 anyone for whose acts any of them may be liable: (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the 1. claims under workers' compensation, Treasury. All Bonds signed by an agent must be disability benefits, and other similar employee accompanied by a certified copy of such agent's benefit acts; authority to act. 2. claims for damages because of C. If the surety on any Bond furnished by CON- bodily injury, occupational sickness or disease, TRACTOR is declared bankrupt or becomes insolvent or death of CONTRACTOR's employees; or 1ts right to do business is terminated in any state where any part of the Project is located or it ceases to 3. claims for damages because of meet the requirements of paragraph 5.01.13, bodily injury, sickness or disease, or death of CONTRACTOR shall within 20 days thereafter any person other than CONTRACTOR's substitute another Bond and surety, both of which employees; shall comply with the requirements of paragraphs 5.01.6 and 5.02. 4. claims for damages insured by reasonably available personal injury liability 502 Licensed Sureties and Insurers coverage which are sustained: (i) by any person as a result of an offense directly or indirectly A. All Bonds and insurance required by the related to the employment of such person by Contract Documents to be purchased and maintained CONTRACTOR, or(ii) by any other person for by OWNER or CONTRACTOR shall be obtained from any other reason; surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is 5. claims for damages, other than to the located to issue Bonds or insurance policies for the Work itself, because of injury to or destruction 00700-General Conditions REV 5-1 D-13 00700-15 F\Public WorksIENGINEERING DIVISION PROJECTSN123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestlAdmimlbid documentsWaster Contract Documentsk0070D- General Conditions REV 5-10-13.doc of tangible property wherever located, including replacing defective Work in accordance with loss of use resulting therefrom, and paragraph 13.07; and 6 claims for damages because of 7. with respect to completed operations bodily injury or death of any person or property insurance, and any insurance coverage written damage arising out of the ownership, mainte- on a claims-made basis, remain in effect for at nance or use of any motor vehicle. least two years after final payment (and CONTRACTOR shall furnish OWNER and B. The policies of insurance so required by this each other additional insured identified in the paragraph 5.04 to be purchased and maintained shall: Supplementary Conditions, to whom a certificate of insurance has been issued, 1. with respect to insurance required by evidence satisfactory to OWNER and any such paragraphs 5.04.A.3 through 5.04.A.6 inclusive, additional insured of continuation of such include as additional insureds (subject to any insurance at final payment and one year customary exclusion in respect of professional thereafter). liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or 5.05 OWNER's Liability Insurance entities identified in the Supplementary Condi- tions, all of whom shall be listed as additional A. in additi^n to the inswraRGe r d to he insureds, and include coverage for the respec- , tive officers, directors, partners, employees, e-and agents, and other consultants and subcontractors of each and any of all such as will pFoteGt OWNER againsts additional insureds, and the insurance afforded Whi^h may nri-o undo the GGRtFaG to these additional insureds shall provide DeGUments. primary coverage for all claims covered thereby; 5.06 Property Insurance 2. include at least the specific A. URless otherwise previded in thp. Supple- coverages and be written for not less than thepurGhase and limits of liability provided in the Supplementary maintain prope.�, ii,_ upen the Werk at the Site Conditions or required by Laws or Regulations, in the ameuRt of the fu!! , I --Gest t;e,zm rte"`" i whichever is greater; pmvided in the Supplementary Genditiens-Gp-requifed 3. include completed operations by Laws and Regulatiens). This insaranee shall: insurance; 1. insiYde the interests of ^gip 4. include contractual liability insurance GONTR GT-OR,'Subsontrar tars, ENGINEER, covering CONTRACTOR's indemnity €NGINEER's Gensultants, and any athe� obligations under paragraphs 6.07, 6.11, and individuals - or entities identified in the 6.20; Supplementary Conditions, and the d+reetors, partners, employees, agents-,--and 5. contain a provision or endorsement ether .,ensultants and SubcG„t,a t^r f eaGh that the coverage afforded will not be canceled, and any of thou eaGh of_.chem is d^Grto materially changed or renewal refused until at have an insurable interest and shall be listed as least thirty days prior written notice has been an additional inSUFed; given to OWNER and CONTRACTOR and to each other additional insured identified in the 2. be written GR a Builders-R' k skr Supplementary Conditions to whom a certificate of insurance has been issued (and the fGFM that shall at least iRGIu a ,, va,- fnr ru,,�ar certificates of insurance furnished by the CON- TRACTOR pursuant to paragraph 5.03 will so rary buildings, false waik, and materials and provide); equipment in tFansit, and shall insupe against a Icxt the follo���inn perils ..aures f Ince• fi .....the following N.., vr�v�-mom 6. remain in effect at least until final lightning, extended GaveFage, theft, vandalism payment and at all times thereafter when CON- , TRACTOR may be correcting, removing, or 00700-General Conditions REV 5-10-13 00700-16 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or West\Admim\bid documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc fG;GerRent of-Lavers and-RegulatiORS, eater Work to the extent of any deductible amounts that are damage, and stage otheF perils er Gause" identified in the Supplementary Conditions. The risk lessors may be spenifisally req,rredl by the of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes 3. +nelu expenses-;-G;,Ted-in the property insurance coverage within the limits of such Fep-aiF errep!uce^ e^t of u^y i^s:.�rec' prep yr amounts, each may purchase and maintain it at the purchaser's own expense, engineers and arehiten+s\• , E. if CONTRACTOR reguests in urt'cri ig_ha �. GGver materials and-equ+pmen Site or at aRGther li:)Gathon that was- _,es previded under paragraph 5.96, agreed to in w�ting by OWNER pric)F to being OWNER shall, possible,'f Judd neh r inserperate dem' +g ,at-saGl} a , the Gast thereof will be Gharged to materials and equipment have been iRGluded in age-Order of Wratten Dm m t D er to emmenGement of the Worka R-rreRd.,rel��T,vr-cv-Go,Trn-rc............... ... ,. ENGINE the Site, OWNER shall in writing advise Q_Q_N1Tt7AG ��. ...�..�� ..... shall ..y ...:vim-T-i v-tv TOR ,.rhe+her nnE)tE;h e r !nSUFanE;e ;;as been n--ef4he:WGrIE PrGGHred by OWNER. A/NGD O by o� rQ-r'�T 5.07 Waiver of Rights 6. include testing and start, nd �i� A. OWNS and GONTRACT-O7 intend that all 7. be iTa rnent is made unless n+hen QT n 1 t will—pretest OWNER, CONTRACTOR, writiRg by OWNER, and 9wbG()nt,actefS, ENGINEER, €NGIN€ER's Consul ENGINEER with 30 days written Ge aGh and all other individuals er entities ideRtified in tants, ether additional t he listed_as insureds s„ranse has been iss ,$uer additienal s -r —,and-#ire efGef- s, c tv partners - peer, agents, andether wnsaI+cr+ 7 B. OWNER shall purchase andl aiRtai s h and subGentr FS Of e@Gh and any of then4)4n-,uoh ' boiler and-maGhineFy iRSUranGe er nal propertyge feF all insuranGe as may be Fequored by the SupplemeRta I ssec and damages^ui sed by the perils f lasaGevwed-thereb . r411 socia pelisies the iRterests of Q ER, CONTRACTOR Pfevlc.,n�ns to thp.P Gt that in the event of a,r " ENGINEER, €NGIN€ER's-GGnsu anoess eF damage the insurers will ha te-ne-9g4ts-of tants, and any ether individuals n. entitiesidentified einn reGaveiy against any of the insuFeds or additienal the-Supplementary insureds thereunder. OWNER and CONTRACTOR deemed to have aR insuFahle interest and shall be waive all rights against eaGh other li i , G. All the pnlinies of !ns,uranGe (and the e._tiF each and a y of them for 5.96 will Gent * . . i oF endeFsement that the any other prapeFty ORSUraRGe appliGable tG the Wedc and;-in-additien, waive all sash rights-against Ghanged GF FeRewal refused unfil-;;t least 2-0 days pFie SubGentraetGFS, ENGINEER, ENGINEEWs vVritte.n nA_t4r_,e_ has been given te OWNER A'nd CON Consultants, and all otheF individuals E)F entities ie chem a ertifinate of in „rause has been issued .d as insureds rds additional iRsureds (and h GF \ t'mac-'—vmffi vc.TT Will Gentain waiver provisions in aGGE)FdanGe with diFeGters, paFtners, employees, agents, dot;er paragraph 5.0 D. OWNER shall not be responsible for purchas- ing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of to the pFereeds ef iRsuFanGe held by OWNER as CONTRACTOR, Subcontractors, or others in the 00700-General Conditions REV 5-10-13 00700-17 FAPut'llc Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WesMldmimUd doeumentsWaster Contract Documents\00700- General Conditions REV 5-10-13.doc trustee er-a hewrise-payable under any nGI;ey_se B. OWN€k-asf�dur--4a issued. adjust and settle any lesswith the insurers Ane of the part e in interest shall ehieet in within 15 R- OWN€R waives all rights against days after t to nWNE GONTRASaOR, Su n+r Gters, ENGINEER, ade EN GINEE 's Consultants, and the efR er , r' } , OWNER as fidUGiaFy shall Tface sezcrcmen}=l 'ne q employees, gents, nd other GGRS1611taRtrJ iRSWfnrc in annnrrla-.. ... with .,UGhc.rm-ver'-nt--as the and subGGntraGtE)rs of eaGh and any of them fOR parties in interest may reaGh. If HE) SUGh agreern amenn the parties inrinterest is re eh crvWNER- co Toss due}n business intern rn+in +h Ince with the of use, 9F ether GOnsequential less extending insurers and, if required in WF;tiRg by any-par" beyond direGt physiGai less GF damage to interest OWNER as FduGiary�hall give bGn4-fqr-#te O141NE 's property er the VVE) k ..a„ eri My arising out or resulting from fire or other per"! whether or FIGtinsured by OWNER;and 5.09 Acceptance of Bonds and Insurance; Option to Replace 7 less or damage to the a� leted Pro arisi,-��, A. if either 0-%A.1NIF-=R or CONTRACTOR has an fireether' resulting from insured-peril to be maintained GR the GG)Mpleted purGhased and maintained by the other party in aGGOF or part thereof by (l1AlNE during partial r♦se f utilization pursuant to p2ragraph 14.05, afte with the GontraGt DeGuMeRtS, the I Substantial Completion pursuant to par@gFaph 60 RGtpfy the other party in writing within 10 days afte 14,04 or offer final paymepursnt antG receipt of the—certificates—ter ether evideRGe paragraph 14.97. aragraph 2.05 . OWN€1i @Rd CONTRACTOR shall eaGh provide to the other -QW -R $t7Gh additional information in re&p G of su ute- g- Geve g-any-less, damage Gr Gensequential-less wed--as44e--9ther may reasonably request. 1# referred to in paragraph S 07 R c;h GOntain �at_narlydoec__,�nt..nUrnhase.or main+rigin ;-q LL�hc provisions to fhAt'i. antloss, the G either `"''"' not any SUGh loss, or GeRseq ial insurers will have no damage, onsur rights f eee.venv against party in writing Of SUGh failure to purGhase prior to the CONTRACTOR, Subcontractors, ENGINEER, or start of the Work, or of suGh failure to maintaln pFiE)F to €N GIN EE '_ C;Gnsultants and the of erg di +urs any Ghange in the rectuired--Goverage. Wi}trout partners, employees, agents,and Other GGIRSUlt prejudice to any other right OF remedy, the othe d subGGntraGtGFS of eaGh and any of them. may e!eGt t oma" PFOteGt SUGh other party's interests at the expense o 5.08 Receipt and Application of Insurance the party who was required to provide SUGh Goverage, Proceeds and a Change Order shall beissuedto adjust the ContraGt PFiGe aGGGrdingly. A. Any insured less under the policies Gf uired by paragraph 5.96 will be adjusted 510 Partial Utilization,Acknowledgment of vvith-AWP!€R and made payable to OWNER as Property Insurer fiduciary-for the insureds, as their interests maY subjeot to the requirements-of any appliGable A. If OWNER finds it necessary to occupy or use mortgage Clause and of paragraph �08 13OWNER a portion or portions of the Work prior to Substantial shall deposit in a separate aGG061pt an, -oney---'�G Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence agreement as the parties in interest may FeaGh. If R9- before the insurers providing the property insurance other speGial agreement is reaGhed, the damaged pursuant to paragraph 5.06 have acknowledged notice Work shall bB repaired at replaGed, the morieys-so thereof and in writing effected any changes in cover- FeGeived applied on aGGOunt thereof, and the Work necessitated thereby. The insurers providing the and the G96t thereof c;overed by an appropriate- property insurance shall consent by endorsement on Change Order or Written Amendment. the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. 00700-General Conditions REV 5-10-13 00700-18 FAPublic WorkskENGiNEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestiAdmim\bid documentslMaster Contract Documents\00700- General Conditions REV 5-10-13.doc i i i I I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- 6.01 Supervision and Superintendence quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, A. CONTRACTOR shall supervise, inspect, and equipment, labor, transportation, construction I direct the Work competently and efficiently, devoting equipment and machinery, tools, appliances, fuel, such attention thereto and applying such skills and power, light, heat, telephone, water, sanitary facilities, expertise as may be necessary to perform the Work in temporary facilities, and all other facilities and accordance with the Contract Documents. CON- incidentals necessary for the performance, testing, TRACTOR shall be solely responsible for the means, start-up, and completion of the Work. methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be B. All materials and equipment incorporated into responsible for the negligence of OWNER or the Work shall be as specified or, if not specified, shall ENGINEER in the design or specification of a specific be of good quality and new, except as otherwise means, method, technique, sequence, or procedure of provided in the Contract Documents. All warranties j construction which is shown or indicated in and and guarantees specifically called for by the Specifica- expressly required by the Contract Documents. CON- tions shall expressly run to the benefit of OWNER. If TRACTOR shall be responsible to see that the required by ENGINEER, CONTRACTOR shall furnish completed Work complies accurately with the Contract satisfactory evidence (including reports of required i Documents. tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be B. At all times during the progress of the Work, stored, applied, installed, connected, erected, CONTRACTOR shall assign a competent resident protected, used, cleaned, and conditioned in superintendent thereto who shall not be replaced accordance with instructions of the applicable without written notice to OWNER and ENGINEER Supplier, except as otherwise may be provided in the except under extraordinary circumstances. The Contract Documents. superintendent will be CONTRACTOR's representative at the Site and shall have authority to 6.04 Progress Schedule act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be A. CONTRACTOR shall adhere to the progress binding on CONTRACTOR. schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as 6.02 Labor, Working Hours provided below. i A. CONTRACTOR shall provide competent, 1. CONTRACTOR shall submit to suitably qualified personnel to survey, lay out, and ENGINEER for acceptance (to the extent indi- construct the Work as required by the Contract Docu- cated in paragraph 2.07) proposed adjustments ments. CONTRACTOR shall at all times maintain in the progress schedule that will not result in good discipline and order at the Site. changing the Contract Times (or Milestones). Such adjustments will conform generally to the B. Except as otherwise required for the safety or progress schedule then in effect and additional- protection of persons or the Work or property at the ly will comply with any provisions of the General Site or adjacent thereto, and except as otherwise Requirements applicable thereto. stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and 2. Proposed adjustments in the CONTRACTOR will not permit overtime work or the progress schedule that will change the Contract performance of Work on Saturday, Sunday, or any Times (or Milestones) shall be submitted in legal holiday without OWNER's written consent(which accordance with the requirements of Article 12. will not be unreasonably withheld) given after prior Such adjustments may only be made by a written notice to ENGINEER. Change Order or Written Amendment in accor- dance with Article 12. i I I 00700-General Conditions REV 5-10-13 i 00700-19 P%Public Works4ENGINEERING DIVISION PROJECM1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documentsWasler Contract Documents\00700- General Conditions REV 5-10-13.doc I i 6.05 Substitutes and"Or-Equals" b. CONTRACTOR shall submit suffi- cient information as provided below to allow I A. Whenever an item of material or equipment is ENGINEER to determine that the item of specified or described in the Contract Documents by material or equipment proposed is using the name of a proprietary item or the name of a essentially equivalent to that named and an particular Supplier, the specification or description is acceptable substitute therefor. Requests for intended to establish the type, function, appearance, review of proposed substitute items of and quality required. Unless the specification or material or equipment will not be accepted description contains or is followed by words reading by ENGINEER from anyone other than that no like, equivalent, or "or-equal" item or no CONTRACTOR. substitution is permitted, other items of material or equipment or material or equipment of other Suppliers c. The procedure for review by ENGI- may be submitted to ENGINEER for review under the NEER will be as set forth in paragraph circumstances described below. 6.05.A.2.d; as supplemented in the General Requirements and as ENGINEER may 1. "Or-Equal" Items: If in ENGINEER's decide is appropriate under the sole discretion an item of material or equipment circumstances. proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so d. CONTRACTOR shall first make that no change in related Work will be required, written application to ENGINEER for review it may be considered by ENGINEER as an of a proposed substitute item of material or "or-equal" item, in which case review and equipment that CONTRACTOR seeks to approval of the proposed item may, in furnish or use. The application shall certify ENGINEER's sole discretion, be accomplished that the proposed substitute item will without compliance with some or all of the perform adequately the functions and requirements for approval of proposed substi- achieve the results called for by the general tute items. For the purposes of this paragraph design, be similar in substance to that 6.05.A.1, a proposed item of material or specified, and be suited to the same use as equipment will be considered functionally equal that specified. The application will state the to an item so named if: extent, if any, to which the use of the pro- posed substitute item will prejudice a. in the exercise of reasonable CONTRACTOR's achievement of Substan- judgment ENGINEER determines that: (i) it tial Completion on time, whether or not use is at- .least equal in quality, durability, of the proposed substitute item in the Work appearance, strength, and design will require a change in any of the Contract characteristics; (ii) it will reliably perform at Documents(or in the provisions of any other least equally well the function imposed by direct contract with OWNER for work on.the the design concept of the completed Project Project) to adapt the design to the proposed as a functioning whole,and; substitute item and whether or not incorporation or use of the proposed substi- b. CONTRACTOR certifies that: (i) tute item in connection with the Work is sub- there is no increase in cost to the OWNER; ject to payment of any license fee or royalty and (ii) it will conform substantially, even All variations of the proposed substitute with deviations, to the detailed requirements item from that specified will be identified in of the item named in the Contract the application, and available engineering, Documents. sales, maintenance, repair, and replacement services will be indicated. The 2. Substitute Items application will also contain an itemized esti- mate of all costs or credits that will result a. If in ENGINEER's sole discretion an directly or indirectly from use of such item of material or equipment proposed by substitute item, including costs of redesign CONTRACTOR does not qualify as an and claims of other contractors affected by I "or-equal" item under paragraph 6.05.A..1, it any resulting change, all of which will be will be considered a proposed substitute considered by ENGINEER in evaluating the I item. proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. 00700-General Conditions REV 5-10-13 00700-20 FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th SL to Airport Dr WesMdmimlbid documentslMaster Contract Documents\007D0- General Conditions REV 5-10-13.doc I I I I replacement, against whom OWNER may have B. Substitute Construction Methods or Proce- reasonable objection. CONTRACTOR shall not be dures: If a specific means, method, technique, se- required to employ any Subcontractor, Supplier, or quence, or procedure of construction is shown or other individual or entity to furnish or perform any of indicated in and expressly required by the Contract the Work against whom CONTRACTOR has reason- Documents, CONTRACTOR may furnish or utilize a able objection. substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. B. If the Supplementary Conditions require the CONTRACTOR shall submit sufficient information to identity of certain Subcontractors, Suppliers, or other allow ENGINEER, in ENGINEER's sole discretion, to individuals or entities to be submitted to OWNER in determine that the substitute proposed is equivalent to advance for acceptance by OWNER by a specified that expressly called for by the Contract Documents. date prior to the Effective Date of the Agreement, and The procedure for review by ENGINEER will be similar if CONTRACTOR has submitted a list thereof in to that provided in subparagraph 6.05.A.2. accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to C. Engineer's Evaluation: ENGINEER will be make written objection thereto by the date indicated allowed a reasonable time within which to evaluate for acceptance or objection in the Bidding Documents each proposal or submittal made pursuant to para- or the Contract Documents) of any such Subcon- graphs 6.05.A and 6.05.B. ENGINEER will be the tractor, Supplier, or other individual or entity so sole judge of acceptability. No"or-equal"or substitute identified may be revoked on the basis of reasonable will be ordered, installed or utilized until ENGINEER's objection after due investigation. CONTRACTOR review is complete,which will be evidenced by either a shall submit an acceptable replacement for the Change Order for a substitute or an approved Shop rejected Subcontractor, Supplier, or other individual or Drawing for an "or equal." ENGINEER will advise entity, and the Contract Price will be adjusted by the CONTRACTOR in writing of any negative difference in the cost occasioned by such determination. replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance D. Special Guarantee: OWNER may require by OWNER of any such Subcontractor, Supplier, or CONTRACTOR to furnish at CONTRACTOR's ex- other individual or entity, whether initially or as a pense a special performance guarantee or other replacement, shall constitute a waiver of any right of surety with respect to any substitute. OWNER or ENGINEER to reject defective Work. E. ENGINEER's Cost Reimbursement. C. CONTRACTOR shall be fully responsible to ENGINEER will record time required by ENGINEER OWNER and ENGINEER for all acts and omissions of and ENGINEER's Consultants in evaluating substitute the Subcontractors, Suppliers, and other individuals or proposed or submitted by CONTRACTOR pursuant to entities performing or furnishing any of the Work just paragraphs 6.05.A.2 and 6.05.13 and in making as CONTRACTOR is responsible for changes in the Contract Documents (or in the CONTRACTOR's own acts and omissions. Nothing in provisions of any other direct contract with OWNER the Contract Documents shall create for the benefit of for work on the Project)occasioned thereby. Whether any such Subcontractor, Supplier, or other individual or not ENGINEER approves a substitute item so pro- or entity any contractual relationship between OWNER posed or submitted by CONTRACTOR, CON- or ENGINEER and any such Subcontractor, Supplier TRACTOR shall reimburse OWNER for the charges or other individual or entity, nor shall it create any of ENGINEER and ENGINEER's Consultants for obligation on the part of OWNER or ENGINEER to evaluating each such proposed substitute. pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or F. CONTRACTOR's Expense: CONTRACTOR entity except as may otherwise be required by Laws shall provide all data in support of any proposed and Regulations. substitute or"or-equal"at CONTRACTOR's expense. D. CONTRACTOR shall be solely responsible 6.06 Conceming Subcontractors, Suppliers, for scheduling and coordinating the Work of Subcon- and Others tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a A. CONTRACTOR shall not employ any direct or indirect contract with CONTRACTOR. Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in E. CONTRACTOR shall require all Subcontrac- paragraph 6.06.13), whether initially or as a tors, Suppliers, and such other individuals or entities 00700-General Conditions REV 5-10-13 00700-21 F;\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th Sl.to Airport Dr WestlAdmim\bid documentsWaster Contract Documents\00700- General Conditions REV 5-10-13.doc performing or furnishing any of the Work to commu- (including but not limited to all fees and charges of nicate with ENGINEER through CONTRACTOR, engineers, architects, attorneys, and other professionals and all court or arbitration or other F. The divisions and sections of the Specifica- dispute resolution costs) arising out of or relating to tions and the identifications of any Drawings shall not any infringement of patent rights or copyrights incident control CONTRACTOR in dividing the Work among to the use in the performance of the Work or resulting Subcontractors or Suppliers or delineating the Work to from the incorporation in the Work of any invention, be performed by any specific trade. design, process, product, or device not specified in the Contract Documents. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an 6.08 Permits appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds A. Unless otherwise provided in the Supple- the Subcontractor or Supplier to the applicable terms mentary Conditions, CONTRACTOR shall obtain and and conditions of the Contract Documents for the pay for all construction pen-nits and licenses. OWNER benefit of OWNER and ENGINEER. Whenever any shall assist CONTRACTOR, when necessary, in such agreement is with a Subcontractor or Supplier obtaining such permits and licenses. CONTRACTOR who is listed as an additional insured on the property shall pay all governmental charges and inspection insurance provided in paragraph 5.06, the agreement 1 fees necessary for the prosecution of the Work which between the CONTRACTOR and the Subcontractor are applicable at the time of opening of Bids, or, if or Supplier will contain provisions whereby the there are no Bids, on the Effective Date of the Subcontractor or Supplier waives all rights against Agreement. CONTRACTOR shall pay all charges of OWNER, CONTRACTOR, ENGINEER, ENGINEER's utility owners for connections to the Work, and Consultants, and all other individuals or entities OWNER shall pay all charges of such utility owners identified in the Supplementary Conditions to be listed for capital costs related thereto, such as plant as insureds or additional insureds (and the officers, investment fees. directors, partners, employees, agents, and other consultants and subcontractors of each and any of 609 Laws and Regulations them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or A. CONTRACTOR shall give all notices and causes of loss covered by such policies and any other comply with all Laws and Regulations applicable to the property insurance applicable to the Work. If the performance of the Work. Except where otherwise insurers on any such policies require separate waiver expressly required by applicable Laws and forms to be signed by any Subcontractor or Supplier, Regulations, neither OWNER nor ENGINEER shall be CONTRACTOR will obtain the same. responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations. 6.07 Patent Fees and Royalties B. If CONTRACTOR performs any Work know- A. CONTRACTOR shall pay all license fees and ing or having reason to know that it is contrary to Laws royalties and assume all costs incident to the use in or Regulations, CONTRACTOR shall bear all claims, the performance of the Work or the incorporation in costs, losses, and damages (including but not limited the Work of any invention, design, process, product, to all fees and charges of engineers, architects, or device which is the subject of patent rights or attorneys, and other professionals and all court or copyrights held by others. If a particular invention, arbitration or other dispute resolution costs) arising out design, process, product, or device is specified in the of or relating to such Work; however, it shall not be Contract Documents for use in the performance of the CONTRACTOR's primary responsibility to make Work and if to the actual knowledge of OWNER or certain that the Specifications and Drawings are in ENGINEER its use is subject to patent rights or accordance with Laws and Regulations, but this shall copyrights calling for the payment of any license fee or not relieve CONTRACTOR of CONTRACTOR's royalty to others, the existence of such rights shall be obligations under paragraph 3.03. disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, C. Changes in Laws or Regulations not known at CONTRACTOR shall indemnify and hold harmless the time of opening of Bids (or, on the Effective Date OWNER, ENGINEER, ENGINEER's Consultants, and of the Agreement if there were no Bids) having an the officers, directors, partners, employees or agents, effect on the cost or time of performance of the Work and other consultants of each and any of them from may be the subject of an adjustment in Contract Price and against all claims, costs, losses, and damages or Contract Times. If OWNER and CONTRACTOR 00700-General Conditions REV 5-10-13 00700-22 FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or West\Admim\bid documents\Master Contrail Documents\00700- General Conditions REV 5-10-13.doc i i are unable to agree on entitlement to or on the or occupant against OWNER, ENGINEER, or amount or extent, if any, of any such adjustment, a any other party indemnified hereunder to the Claim may be made therefor as provided in paragraph extent caused by or based upon 10.05. CONTRACTOR's performance of the Work. 6.10 Taxes B. Removal of Debris During Performance of the Work. During the progress of the Work CONTRAC- A. CONTRACTOR shall pay all sales, consum- TOR shall keep the Site and other areas free from j er, use, and other similar taxes required to be accumulations of waste materials, rubbish, and other paid by CONTRACTOR in accordance with debris. Removal and disposal of such waste mated- the Laws and Regulations of the place of the als, rubbish, and other debris shall conform to applica Project which are applicable during the ble Laws and Regulations. performance of the Work. C. Cleaning: Prior to Substantial Completion of B. OWNER qualifies for state and local sales tax the Work CONTRACTOR shall clean the Site and exemption in the purchase of all material and make it ready for utilization by OWNER. At the com- equipment. pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment 6.11 Use of Site and Other Areas and machinery, and surplus materials and shall I restore to original condition all property not designated A. Limitation on Use of Site and OtherAreas for alteration by the Contract Documents. I 1. CONTRACTOR shall confine D. Loading Structures: CONTRACTOR shall not construction equipment, the storage of load nor permit any part of any structure to be loaded materials and equipment, and the operations of in any manner that will endanger the structure, nor workers to the Site and other areas permitted shall CONTRACTOR subject any part of the Work or by Laws and Regulations, and shall not adjacent property to stresses or pressures that will unreasonably encumber the Site and other endanger it. areas with construction equipment or other materials or equipment. CONTRACTOR shall 6.12 Record Documents assume full responsibility for any damage to any such land or area, or to the owner or A. CONTRACTOR shall maintain in a safe place occupant thereof, or of any adjacent land or at the Site one record copy of all Drawings, Specifica- areas resulting from the performance of the tions, Addenda, Written Amendments, Change Work. Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order 2. Should any claim be made by any and annotated to show changes made during such owner or occupant because of the construction. These record documents together with performance of the Work, CONTRACTOR shall all approved Samples and a counterpart of all i promptly settle with such other party by approved Shop Drawings will be available to ENGI- negotiation or otherwise resolve the claim by NEER for reference. Upon completion of the Work, arbitration or other dispute resolution these record documents, Samples, and Shop proceeding or at law. Drawings will be delivered to ENGINEER for OWNER. 3. To the fullest extent permitted by 6.13 Safety and Protection Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, A. CONTRACTOR shall be solely responsible j ENGINEER, ENGINEER's Consultant, and the for initiating, maintaining and supervising all safety officers, directors, partners, employees, agents, precautions and programs in connection with the and other consultants of each and any of them Work. CONTRACTOR shall take all necessary from and against all claims, costs, losses, and precautions for the safety of, and shall provide the damages (including but not limited to all fees necessary protection to prevent damage, injury or loss and charges of engineers, architects, attorneys, to: and other professionals and all court or arbitration or other dispute resolution costs) 1. all persons on the Site or who may arising out of or relating to any claim or action, be affected by the Work; legal or equitable, brought by any such owner 00700-General Conditions REV 5-10-13 00700-23 F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WesAAdmimWd documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc 2. all the Work and materials and equip- 6.15 Hazard Communication Programs ment to be incorporated therein, whether in storage on or off the Site;and A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data 3. other property at the Site or adjacent sheets or other hazard communication information thereto, including trees, shrubs, lawns, walks, required to be made available to or exchanged be- pavements, roadways, structures, utilities, and tween or among employers at the Site in accordance Underground Facilities not designated for with Laws or Regulations. removal, relocation, or replacement in the course of construction. 6.16 Emergencies B. CONTRACTOR shall comply with all applica- A. In emergencies affecting the safety or protec- ble Laws and Regulations relating to the safety of tion of persons or the Work or property at the Site or persons or property, or to the protection of persons or adjacent thereto, CONTRACTOR is obligated to act to property from damage, injury, or loss; and shall erect prevent threatened damage, injury, or loss. and maintain all necessary safeguards for such safety CONTRACTOR shall give ENGINEER prompt written and protection. CONTRACTOR shall notify owners of notice if CONTRACTOR believes that any significant adjacent property and of Underground Facilities and changes in the Work or variations from the Contract other utility owners when prosecution of the Work may Documents have been caused thereby or are required affect them, and shall cooperate with them in the as a result thereof. If ENGINEER determines that a protection, removal, relocation, and replacement of change in the Contract Documents is required be- their property. All damage, injury, or loss to any cause of the action taken by CONTRACTOR in property referred to in paragraph 6.13.A.2 or 6.13.A.3 response to such an emergency, a Work Change caused, directly, or indirectly, in whole or in part, by Directive or Change Order will be issued. CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed 6.17 Shop Drawings and Samples by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be A. CONTRACTOR shall submit Shop Drawings remedied by CONTRACTOR (except damage or loss to ENGINEER for review and approval in accordance attributable to the fault of Drawings or Specifications with the acceptable schedule of Shop Drawings and or to the acts or omissions of OWNER or ENGINEER Sample submittals. All submittals will be identified as or ENGINEER's Consultant, or anyone employed by ENGINEER may require and in the number of copies any of them, or anyone for whose acts any of them specified in the General Requirements. The data may be liable, and not attributable, directly or shown on. the Shop Drawings will be complete with indirectly, in whole or in part, to the fault or negligence respect to quantities, dimensions, specified perfor- of CONTRACTOR or any Subcontractor, Supplier, or mance and design criteria, materials, and similar data other individual or entity directly or indirectly employed to show ENGINEER the services, materials, and by any of them). CONTRACTOR's duties and equipment CONTRACTOR proposes to provide and responsibilities for safety and for protection of the to enable ENGINEER to review the information for the Work shall continue until such time as all the Work is limited purposes required by paragraph 6.17.E. completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with B. CONTRACTOR shall also submit Samples to paragraph 14.07.13 that the Work is acceptable ENGINEER for review and approval in accordance (except as otherwise expressly provided in connection with the acceptable schedule of Shop Drawings and with Substantial Completion). Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as 6.14 Safety Representative catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- A. CONTRACTOR shall designate a qualified NEER to review the submittal for the limited purposes and experienced safety representative at the Site required by paragraph 6.17.E. The numbers of each whose duties and responsibilities shall be the Sample to be submitted will be as specified in the prevention of accidents and the maintaining and Specifications. supervising of safety precautions and programs. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related 00700-General Conditions REV 5-10-13 00700-24 F'\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or WesMdmim\bid documentsVMasler Contract Documents\00700- General Conditions REV 5-10-13.doc Work performed prior to ENGINEER's review and accordance with the schedule of Shop approval of the pertinent submittal will be at the sole Drawings and Sample submittals acceptable to expense and responsibility of CONTRACTOR. ENGINEER. ENGINEER's review and approval will be only to determine if the items D. Submittal Procedures covered by the submittals will, after installation or incorporation in the Work, conform to the 1. Before submitting each Shop information given in the Contract Documents Drawing or Sample, CONTRACTOR shall have and be compatible with the design concept of determined and verified: the completed Project as a functioning whole as I indicated by the Contract Documents. a. all field measurements, quantities, dimensions, specified performance criteria, 2. ENGINEER's review and approval installation requirements, materials, catalog will not extend to means, methods, techniques, numbers, and similar information with sequences, or procedures of construction respect thereto; (except where a particular means, method, technique, sequence, or procedure of con- b. all materials with respect to intended struction is specifically and expressly called for use, fabrication, shipping, handling, storage, by the Contract Documents) or to safety assembly, and installation pertaining to the precautions or programs incident thereto. The performance of the Work; review and approval of a separate item as such will not indicate approval of the assembly in c. all information relative to means, which the item functions. methods, techniques, sequences, and procedures of construction and safety 3. ENGINEER's review and approval of precautions and programs incident thereto; Shop Drawings or Samples shall not relieve and CONTRACTOR from responsibility for any variation from the requirements of the Contract d. CONTRACTOR shall also have Documents unless CONTRACTOR has in reviewed and coordinated each Shop writing called ENGINEER's attention to each Drawing or Sample with other Shop such variation at the time of each submittal as Drawings and Samples and with the required by paragraph 6.17.D.3 and ENGI- requirements of the Work and the Contract NEER has given written approval of each such Documents. variation by specific written notation thereof incorporated in or accompanying the Shop 2. Each submittal shall bear a stamp or Drawing or Sample approval; nor will any ! specific written indication that CONTRACTOR approval by ENGINEER relieve CON- has satisfied CONTRACTOR's obligations TRACTOR from responsibility for complying under the Contract Documents with respect to with the requirements of paragraph 6.17.D.1. CONTRACTOR's review and approval of that submittal. F. Resubmittal Procedures 3. At the time of each submittal, CON- 1. CONTRACTOR shall make correc- ! TRACTOR shall give ENGINEER specific tions required by ENGINEER and shall return written notice of such variations, if any, that the the required number of corrected copies of Shop Drawing or Sample submitted may have Shop Drawings and submit as required new from the requirements of the Contract Samples for review and approval. CON- Documents, such notice to be in a written com- TRACTOR shall direct specific attention in munication separate from the submittal; and, in writing to revisions other than the corrections addition, shall cause a specific notation to be called for by ENGINEER on previous made on each Shop Drawing and Sample sub- submittals. miffed to ENGINEER for review and approval of each such variation. 6.18 Continuing the Work i E. ENGINEER's Review A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or ! 1. ENGINEER will timely review and disagreements with OWNER. No Work shall be approve Shop Drawings and Samples in delayed or postponed pending resolution of any 00700-General Conditions REV 5-10-13 00700-25 l"Tublic Works\ENG INEE RING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr WestlAdmim\bid documentsWaster Contract Documents\00700- i General Conditions REV 5-10-13.doc I j I i disputes or disagreements, except as permitted by 6.20 Indemnification paragraph 15 04 or as OWNER and CONTRACTOR j may otherwise agree in writing. A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold 6.19 CONTRACTOR's General Warranty and harmless OWNER, ENGINEER, ENGINEER's Guarantee Consultants, and the officers, directors, partners, employees, agents, and other consultants and A. CONTRACTOR warrants and guarantees to subcontractors of each and any of them from and OWNER, ENGINEER, and ENGINEER's Consultants against all claims, costs, losses, and damages that all Work will be in accordance with the Contract (including but not limited to all fees and charges of Documents and will not be defective. engineers, architects, attorneys, and other CONTRACTOR's warranty and guarantee hereunder professionals and all court or arbitration or other excludes defects or damage caused by: dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such 1. abuse, modification, or improper claim, cost, loss, or damage: maintenance or operation by persons other than CONTRACTOR, Subcontractors, 1. is attributable to bodily injury, Suppliers, or any other individual or entity for sickness, disease, or death, or to injury to or whom CONTRACTOR is responsible; or destruction of tangible property (other than the Work itself), including the loss of use resulting 2. normal wear and tear under normal therefrom, and usage. , 2. is caused in whole or in part by any B. CONTRACTOR's obligation to perform and negligent act or omission of CONTRACTOR, complete the Work in accordance with the Contract any Subcontractor, any Supplier, or any Documents shall be absolute. None of the following individual or entity directly or indirectly will constitute an acceptance of Work that is not in employed by any of them to perform any of the accordance with the Contract Documents or a release Work or anyone for whose acts any of them of CONTRACTOR's obligation to perform the Work in may be liable, regardless of whether or not accordance with the Contract Documents: caused in part by any negligence or omission of an individual or entity indemnified hereunder or 1. observations by ENGINEER; whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless 2. recommendation by ENGINEER or of the negligence of any such individual or payment by OWNER of any progress or final entity. payment; B. In any and all claims against OWNER or 3. the issuance of a certificate of Sub- ENGINEER or any of their respective consultants, stantial Completion by ENGINEER or any agents, officers, directors, partners, or employees by payment related thereto by OWNER; any employee (or the survivor or personal representative of such employee) of CONTRACTOR, 4. use or occupancy of the Work or any any Subcontractor, any Supplier, or any individual or part thereof by OWNER; entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts 5. any acceptance by OWNER or any any of them may be liable, the indemnification failure to do so; obligation under paragraph 6.20.A shall not be limited in any way by.any limitation on the amount or type of 6. any review and approval of a Shop damages, compensation, or benefits payable by or for Drawing or Sample submittal or the issuance of CONTRACTOR or any such Subcontractor, Supplier, a notice of acceptability by ENGINEER; or other individual or entity under workers' compen- sation acts, disability benefit acts, or other employee 7. any inspection, test, or approval by benefit acts. others;or C The indemnification obligations of CON- 8. any correction of defective Work by TRACTOR under paragraph 6.20.A shall not extend to OWNER. the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, 00700-General Conditions REV 5-10-13 00700-26 FAPublic Works1ENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WeshAdmimUd documentsWaster Contract Documents\00700- General Conditions REV 5-10-13.doc i I employees, agents, and other consultants and comparable provisions for the benefit of subcontractors of each and any of them arising out of: CONTRACTOR in said direct contracts between OWNER and such utility owners and other 1. the preparation or approval of, or the contractors. failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, C. If the proper execution or results of any part of designs,or Specifications;or CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR 2. giving directions or instructions, or shall inspect such other work and promptly report to failing to give them, if that is the primary cause ENGINEER in writing any delays, defects, or deficien- of the injury or damage. cies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to ARTICLE 7-OTHER WORK so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and 7.01 Related Work at Site deficiencies in such other work. A. OWNER may perform other work related to 7.02 Coordination the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work A. If OWNER intends to contract with others for performed by utility owners. If such other work is not the performance of other work on the Project at the noted in the Contract Documents,then: Site, the following will be set forth in Supplementary Conditions: I 1. written notice thereof will be given to CONTRACTOR prior to starting any such other 1. the individual or entity who will have work; and authority and responsibility for coordination of the activities among the various contractors will 2. if OWNER and CONTRACTOR are be identified; unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in 2. the specific matters to be covered by the Contract Price or Contract Times that such authority and responsibility will be should be allowed as a result of such other itemized; and work, a Claim may be made therefor as provided in paragraph 10.05. 3. the extent of such authority and responsibilities will be provided. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and B Unless otherwise provided in the each utility owner (and OWNER, if OWNER is per- Supplementary Conditions, OWNER shall have sole forming the other work with OWNER's employees) authority and responsibility for such coordination. 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 ARTICLE 8-OWNER'S RESPONSIBILITIES other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, 801 Communications to Contractor fitting, and patching of the Work that may be required to properly connect or otherwise make its several A. Except as otherwise provided in these parts come together and properly integrate with such General Conditions, OWNER shall issue all communi- other work. CONTRACTOR shall not endanger any cations to CONTRACTOR through ENGINEER. work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work 8.02 Replacement of ENGINEER with the written consent of ENGINEER and the others whose work will be affected. The duties and A. In case of termination of the employment of responsibilities of CONTRACTOR under this ENGINEER, OWNER shall appoint an engineer to paragraph are for the benefit of such utility owners and whom CONTRACTOR makes no reasonable other contractors to the extent that there are OD700-General Conditions REV 5-10-13 00700-27 FAPubIlc Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr Wesl\Admim\bid documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc i I objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.10 Undisclosed Hazardous Environmental Condition i 8.03 Furnish Data A. OWNER's responsibility in respect to an A. OWNER shall promptly furnish the data undisclosed Hazardous Environmental Condition is required of OWNER under the Contract Documents. set forth in paragraph 4.06. i 8.04 Pay Promptly When Due 8.11 Evidence of Financial Arrangements A. OWNER shall make payments to CONTRAC- A. If and to the extent OWNER has agreed to TOR promptly when they are due as provided in furnish CONTRACTOR reasonable evidence that paragraphs 14.02.0 and 14.07.C. financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, 8.05 Lands and Easements, Reports and Tests OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs ARTICLE 9-ENGINEER'S STATUS DURING 4.01 and 4 05. Paragraph 4.02 refers to OWNER's CONSTRUCTION identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical 9.01 OWNER'S Representative conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that A. ENGINEER will be OWNER's representative have been utilized by ENGINEER in preparing the during the construction period. The duties and I Contract Documents. responsibilities and the limitations of authority of ENGINEER as OWNER's representative during 8.06 Insurance construction are set forth in the Contract Documents and will not be changed without written consent of A. OWNER's responsibilities, if any, in respect to OWNER and ENGINEER. j purchasing and maintaining liability and property insur- ance are set forth in Article 5. 9.02 Visits to Site f 8.07 Change Orders A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construc- A. OWNER is obligated to execute Change tion as ENGINEER deems necessary in order to I Orders as indicated in paragraph 10.03. observe as an experienced and qualified design professional the progress that has been made and the 8.08 Inspections, Tests, and Approvals quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained A. OWNER's responsibility in respect to certain during such visits and observations, ENGINEER, for inspections, tests, and approvals is set forth in the benefit of OWNER, will determine, in general, if paragraph 13.03.B. the Work is proceeding in accordance with the Con- tract Documents. ENGINEER will not be required to 8.09 Limitations on OWNER's Responsibilities make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. A. The OWNER shall not supervise, direct, or ENGINEER's efforts will be directed toward providing have control or authority over, nor be responsible for, for OWNER a greater degree of confidence that the CONTRACTOR's means, methods, techniques, se- completed Work will conform generally to the Contract quences, or procedures of construction, or the safety Documents. On the basis of such visits and precautions and programs incident thereto, or for any observations, ENGINEER will keep OWNER informed failure of CONTRACTOR to comply with Laws and of the progress of the Work and will endeavor to guard Regulations applicable to the performance of the OWNER against defective Work. Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in B. ENGINEER's visits and observations are accordance with the Contract Documents. subject to all the limitations on ENGINEER's authority 00700-General Conditions REV 5-10-13 00700-28 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th SL to Airport Or WesMdmim\bid documents\Master Contract Documents\D0700- General Conditions REV 5-10-13.doc and responsibility set forth in paragraph 9 10, and to agree on entitlement to or on the amount or extent, particularly, but without limitation, during or as a result if any, of any adjustment in the Contract Price or of ENGINEER's visits or observations of Contract Times, or both, as a result of a Field Order, CONTRACTOR's Work ENGINEER will not a Claim may be made therefor as provided in supervise, direct, control, or have authority over or be paragraph 10.05. responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, 9.06 Rejecting Defective Work or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply A. ENGINEER will have authority to disapprove with Laws and Regulations applicable to the or reject Work which ENGINEER believes to be performance of the Work. defective,or that ENGINEER believes will not produce a completed Project that conforms to the Contract 9.03 Project Representative Documents or that will prejudice the integrity of the design concept of the completed Project as a A. If OWNER and ENGINEER agree, ENGI- functioning whole as indicated by the Contract NEER will furnish a Resident Project Representative Documents. ENGINEER will also have authority to to assist ENGINEER in providing more extensive require special inspection or testing of the Work as observation of the Work. The responsibilities and provided in paragraph 13 04, whether or not the Work authority and limitations thereon of any such Resident is fabricated, installed, or completed. Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary 9.07 Shop Drawings, Change Orders and Conditions. If OWNER designates another represen- Payments tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the A. In connection with ENGINEER's authority as responsibilities and authority and limitations thereon of to Shop Drawings and Samples,see paragraph 6 17. such other individual or entity will be as provided in the Supplementary Conditions. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.04 Clarifications and Interpretations C. In connection with ENGINEER's authority as A. ENGINEER will issue with reasonable to Applications for Payment,see Article 14. promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents 9.08 Determinations for Unit Price Work as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably A. ENGINEER will determine the actual quanti- ! inferable from the Contract Documents. Such written ties and classifications of Unit Price Work performed clarifications and interpretations will be binding on by CONTRACTOR. ENGINEER will review with OWNER and CONTRACTOR. If OWNER and CON- CONTRACTOR the ENGINEER's preliminary TRACTOR are unable to agree on entitlement to or on determinations on such matters before rendering a the amount or extent, if any, of any adjustment in the written decision thereon (by recommendation of an Contract Price or Contract Times, or both, that should Application for Payment or otherwise). ENGINEER's be- allowed as a result of a written clarification or written decision thereon will be final and binding interpretation, a Claim may be made therefor as (except as modified by ENGINEER to reflect changed provided in paragraph 10.05. factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the 9.05 Authorized Variations in Work provisions of paragraph 10.05. A. ENGINEER may authorize minor variations in 9.09 Decisions on Requirements of Contract the Work from the requirements of the Contract Documents and Acceptability of Work Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compati- A. ENGINEER will be the initial interpreter of the ble with the design concept of the completed Project requirements of the Contract Documents and judge of as a functioning whole as indicated by the Contract the acceptability of the Work thereunder. Claims, Documents. These may be accomplished by a Field disputes and other matters relating to the acceptability Order and will be binding on OWNER and also on of the Work, the quantities and classifications of Unit CONTRACTOR, who shall perform the Work involved Pdce Work, the interpretation of the requirements of promptly If OWNER and CONTRACTOR are unable the Contract Documents pertaining to the 00700-General Conditions REV 5-10-13 00700-29 P\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr west\Admim\bid documents\Master Contract Documents1007D0- General Conditions REV 5-10-13.doc i performance of the Work, and Claims seeking and approvals, and other documentation required to changes in the Contract Price or Contract Times will be delivered by paragraph 14.07.A will only be to be referred initially to ENGINEER in writing, in determine generally that their content complies with accordance with the provisions of paragraph 10.05, the requirements of, and in the case of certificates of with a request for a formal decision. inspections, tests, and approvals that the results certified indicate compliance with, the Contract B. When functioning as interpreter and judge Documents. under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not E. The limitations upon authority and responsibil- be liable in connection with any interpretation or ity set forth in this paragraph 9.10 shall also apply to decision rendered in good faith in such capacity. The ENGINEER's Consultants, Resident Project Repre- j rendering of a decision by ENGINEER pursuant to this sentative, and assistants. I paragraph 9.09 with respect to any such Claim, dispute, or other matter(except any which have been ARTICLE 10-CHANGES IN THE WORK; CLAIMS waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by , OWNER or 10.01 Authorized Changes in the Work CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or A. Without invalidating the Agreement and by Laws or Regulations in respect of any such Claim, without notice to any surety, OWNER may, at any time dispute,or other matter, or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a 9.10 Limitations on ENGINEER's Authority and Change Order, or a Work Change Directive. Upon Responsibilities receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be ` A. Neither ENGINEER's authority or respon- performed under the applicable conditions of the sibility under this Article 9 or under any other provision Contract Documents (except as otherwise specifically of the Contract Documents nor any decision made by provided). ENGINEER in good faith either to exercise or not I exercise such authority or responsibility or the B. If OWNER and CONTRACTOR are unable to undertaking, exercise, or performance of any authority agree on entitlement to, or on the amount or extent, if or responsibility by ENGINEER shall create, impose, any,of an adjustment in the Contract Price or Contract or give rise to any duty in contract, tort, or otherwise Times, or both, that should be allowed as a result of a owed by ENGINEER to CONTRACTOR, any Subcon- Work Change Directive, a Claim may be made tractor, any Supplier, any other individual or entity, or therefor as provided in paragraph 10.05. to any surety for or employee or agent of any of them. 10.02 Unauthorized Changes in the Work i B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for A. CONTRACTOR shall not be entitled to an CONTRACTOR's means, methods, techniques, se- increase in the Contract Price or.an extension of the quences, or procedures of construction, or the safety Contract Times with respect to any work performed precautions and programs incident thereto, or for any that is not required by the Contract Documents as failure of CONTRACTOR to comply with Laws and amended, modified, or supplemented as provided in Regulations applicable to the performance of the paragraph 3.04, except in the case of an emergency Work. ENGINEER will not be responsible for as provided in paragraph 6.16 or in the case of CONTRACTOR's failure to perform the Work in uncovering Work as provided in paragraph 13.04.6. accordance with the Contract Documents. 10.03 Execution of Change Orders C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any A. OWNER and CONTRACTOR shall execute Subcontractor, any Supplier, or of any other individual appropriate Change Orders recommended by ENGI- or entity performing any of the Work. NEER(or Written Amendments)covering: D. ENGINEER's review of the final Application 1. changes in the Work which are: (i) for Payment and accompanying documentation and all ordered by OWNER pursuant to paragraph maintenance and operating instructions, schedules, 10.01.A, (ii) required because of acceptance of guarantees, Bonds, certificates of inspection, tests defective Work under paragraph 13.08.A or 00700-General Conditions REV 5-10-13 00700-30 I'APublic WorksXENGINEE RING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Or Wesl\AdmimWd documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc ! i i I i 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 j 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 I 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 j 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 j 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 Contract date of such decision or within 60 days after Documents (including, but not limited to, Contract Substantial Completion, whichever is later Price or Contract Times) is required by the provisions (unless otherwise agreed in writing by OWNER of any Bond to be given to a surety, the giving of any and CONTRACTOR), to exercise such rights or j such notice will be CONTRACTOR's responsibility. remedies as the appealing party may have with The amount of each applicable Bond will be adjusted respect to such Claim, dispute, or other matter to reflect the effect of any such-change. in accordance with applicable Laws and Regulations. 10.05 Claims and Disputes C. If ENGINEER does not render a formal A. Notice: Written notice stating the general decision in writing within the time stated in paragraph nature of each Claim, dispute, or other matter shall be 10.05 B, a decision denying the Claim in its entirety delivered by the claimant to ENGINEER and the other shall be deemed to have been issued 31 days after party to the Contract promptly (but in no event later receipt of the last.submittal of the claimant or the last than 30 days) after the start of the event giving rise submittal of the opposing party, if any. thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be D. No Claim for an adjustment in Contract Price delivered to the ENGINEER and the other party to the or Contract Times (or Milestones) will be valid if not Contract within 60 days after the start of such event submitted in accordance with this paragraph 10.05. (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for ARTICLE 11 -COST OF THE WORK; CASH an adjustment in Contract Price shall be prepared in ALLOWANCES; UNIT PRICE WORK accordance with the provisions of paragraph 12.01.6. A Claim for an adjustment in Contract Time shall be j prepared in accordance with the provisions of 11.01 Cost of the Work paragraph 12.02.6. Each Claim shall be accom- panied by claimant's written statement that the adjust- A. Costs Included: The term Cost of the Work ment claimed is the entire adjustment to which the means the sum of all costs necessarily incurred and claimant believes it is entitled as a result of said event. paid by CONTRACTOR in the proper performance of The opposing party shall submit any response to the Work. When the value of any Work covered by a 00700-General Conditions REV 5-10-13 ! 00700-31 FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr West\Admim\bid documents\Master Contract Documents\00700- ! General Conditions REV 5-10-13.doc Change Order or when a Claim for an adjustment in advice of ENGINEER, which bids, if any, will be Contract Price is determined on the basis of Cost of acceptable. If any subcontract provides that the the Work, the costs to be reimbursed to Subcontractor is to be paid on the basis of Cost CONTRACTOR will be only those additional or of the Work plus a fee, the Subcontractor's incremental costs required because of the change in Cost of the Work and fee shall be determined the Work or because of the event giving rise to the in the same manner as CONTRACTOR's Cost Claim. Except as otherwise may be agreed to in of the Work and fee as provided in this para- writing by OWNER, such costs shall be in amounts no graph 11.01. higher than those prevailing in the locality of the Project, shall include only the following items, and 4. Costs of special consultants shall not include any of the costs itemized in para- (including but not limited to engineers, graph 11.01.13. architects, testing laboratories, surveyors, attorneys, and accountants) employed for 1. Payrel; GGStS for employees in + services specifically related to the Work. diFeGt employ of GONTRACTOR in the peFfbF 5. Supplemental costs including the following: eFinterdnts, ferernen; a. The proportion of necessary trans- and otherv- pefsGne!-en loyed-Ml time at t,h portation, travel, and subsistence expenses of Sete Payroll tS for employees Rot erne! ,ed CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. the basis of theirs-cane—op of nn the Werk. Payroll Gests shall inGlude, but net be limited , b. Cost, including transportation and salaries and wages plus the GOSt of fringe maintenance, of all materials, supplies, equip- benefits, inGlude-serial-seG ment, machinery, appliances, office, and GGntributiGRs, uRempley„-rent, —exGise;- and temporary facilities at the Site, and hand tools not owned by the workers,which are consumed end-retirent benefits, 'benuses, sink-leave, in the performance of the Work, and cost, less VaGation and holiday ay appliGable therete. market value, of such items used but not con- The expen&es „f ^erferming Work eutside e,f sumed which remain the property of CON- regulaFwGrking hGyrs, an Saturday, Sunday, or legal shall be inGluded in the above te the extent , the ., rized by OWNER, C. Rentals of all construction equip- ment and machinery, and the parts thereof 2. Cost of all materials and equipment whether rented from CONTRACTOR or others furnished and incorporated in the Work, includ- in accordance with rental agreements approved ing costs of transportation and storage thereof, by OWNER with the advice of ENGINEER, and and Suppliers' field services required in the costs of transportation, loading, unloading, connection therewith. All cash discounts shall assembly, dismantling, and removal thereof. accrue to CONTRACTOR unless OWNER All such costs shall be in accordance with the deposits funds with CONTRACTOR with which terms of said rental agreements. The rental of to make payments, in which case the cash any such equipment, machinery, or parts shall discounts shall accrue to OWNER. All trade cease when the use thereof is no longer discounts, rebates and refunds and returns necessary for the Work. from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR d. Sales, consumer, use, and other shall make provisions so that they may be similar taxes related to the Work, and for which obtained. CONTRACTOR is liable, imposed by Laws and Regulations. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by e. Deposits lost for causes other than Subcontractors. If required by OWNER, CON- negligence of CONTRACTOR, any Sub- TRACTOR shall obtain competitive bids from contractor, or anyone directly or indirectly subcontractors acceptable to OWNER and employed by any of them or for whose acts any CONTRACTOR and shall deliver such bids to of them may be liable, and royalty payments OWNER, who will then determine, with the- and fees for permits and licenses. 00700-General Conditions REV 5-10-13 00700-32 F\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc paragraph 11.01.A.4, all of which are to be f. Losses and damages (and related considered administrative costs covered by the expenses) caused by damage to the Work, not CONTRACTOR's fee. compensated by insurance or otherwise, sus- tained by CONTRACTOR in connection with 2. Expenses of CONTRACTOR's pdnci- the performance of the Work (except losses pal and branch ' offices other than and damages within the deductible amounts of CONTRACTOR's office at the Site. property insurance established in accordance with paragraph 5.06.1)), provided such losses 3. Any part of CONTRACTOR's capital and damages have resulted from causes other expenses, including interest on than the negligence of CONTRACTOR, any CONTRACTOR's capital employed for the Subcontractor, or anyone directly or indirectly Work and charges against CONTRACTOR for employed by any of them or for whose acts any delinquent payments. of them may be liable. Such losses shall include settlements made with the written 4. Costs due to the negligence of CON- consent and approval of OWNER. No such TRACTOR, any Subcontractor, or anyone losses, damages, and expenses shall be directly or indirectly employed by any of them or included in the Cost of the Work for the for whose acts any of them may be liable, purpose of determining CONTRACTOR's fee. including but not limited to, the correction of defective Work, disposal of materials or g. The cost of utilities, fuel, and sanitary equipment wrongly supplied, and making good facilities at the Site, any damage to property. h. Minor expenses such as telegrams, 5. Other overhead or general expense long distance telephone calls,telephone service costs of any kind and the costs of any item not at the Site, expressage, and similar petty cash specifically and expressly included in items in connection with the Work. paragraphs 11.01.A and 11.01:6. i. When the Cost of the Work is used to C. CONTRACTOR's Fee: When all the Work is determine the value of a Change Order or of a performed on the basis of cost-plus, CONTRACTOR's Claim, the cost of premiums for additional fee shall be determined as set forth in the Agreement. Bonds and insurance required because of the When the value of any Work covered by a Change changes in the Work or caused by the event Order or when a Claim for an adjustment in Contract giving rise to the Claim. Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth j.When all the Work is performed on the in paragraph 12.01.C. basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is D Documentation: Whenever the Cost of the required by the Contract Documents to Work for any purpose is to be determined pursuant to purchase and maintain. paragraphs 11.01.A and 11.01.13, CONTRACTOR will establish and maintain records thereof in accordance B. Costs Excluded: The term Cost of the Work with generally accepted accounting practices and shall not include any of the following items: submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting 1. Payroll costs and other compensation data. of CONTRACTOR's officers, executives, princi- pals (of partnerships and sole proprietorships), 11.02 Cash Allowances general managers, engineers, architects, estimators, attorneys, auditors, accountants, A. It is understood that CONTRACTOR has in- purchasing and contracting agents, expediters, cluded in the Contract Price all allowances so named timekeepers, clerks, and other personnel in the Contract Documents and shall cause the Worts employed by CONTRACTOR, whether at the so covered to be performed for such sums as may be Site or in CONTRACTOR's principal or branch acceptable to OWNER and ENGINEER. office for general administration of the Work CONTRACTOR agrees that: and not specifically included in the agreed upon schedule of job classifications referred to in 1. the allowances include the cost to paragraph 11.01.A.1 or specifically covered by CONTRACTOR (less any applicable trade 00700-General Conditions REV 5-10-13 00700-33 F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or West\Admim\bid documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc discounts) of materials and equipment required additional expense or OWNER believes that by the allowances to be delivered at the Site, OWNER is entitled to a decrease in Contract and all applicable taxes; and Price and the parties are unable to agree as to the amount of any such increase or decrease. 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses ARTICLE 12-CHANGE OF CONTRACT PRICE; contemplated for the allowances have been CHANGE OF CONTRACT TIMES included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will 12.01 Change of Contract Price be valid. A. The Contract Price may only be changed by a B. Prior to final payment, an appropriate Change Change Order or by a Written Amendment. Any Order will be issued as recommended by ENGINEER Claim for an adjustment in the Contract Price shall be to reflect actual amounts due CONTRACTOR on based on written notice submitted by the party making account of Work covered by allowances, and the Con- the Claim to the ENGINEER and the other party to the tract Price shall be correspondingly adjusted. Contract in accordance with the provisions of para- graph 10.05. 11.03 Unit Price Work B. The value of any Work covered by a Change A. Where the Contract Documents provide that Order or of any Claim for an adjustment in the all or part of the Work is to be Unit Price Work, initially Contract Price will be determined as follows: the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the 1. where the Work involved is covered unit price for each separately identified item of Unit by unit prices contained in the Contract Price Work times the estimated quantity of each item Documents, by application of such unit prices to as indicated in the Agreement. The estimated the quantities of the items involved (subject to quantities of items of Unit Price Work are not guaran- the provisions of paragraph 11.03); or teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Deter- 2. where the Work involved is not cov- minations of the actual quantities and classifications of ered by unit prices contained in the Contract 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 CONTRACTOKs 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 00700-General Conditions REV 5-10-13 00700-34 Rkl`ublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr Wes(XAdmim\bid domments\Master Contract Documents\00700- General Conditions REV 5-10-13.doc i i a. for costs incurred under .para- 12.03 Delays Beyond CONTRACTOR's Control graphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; A. Where CONTRACTOR is prevented from j completing any part of the Work within the Contract b. for costs incurred under paragraph Times (or Milestones) due to delay beyond the control 11.01.A.3, the CONTRACTOR's fee shall of CONTRACTOR, the Contract Times (or be five percent; Milestones)will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor c. where one or more tiers of subcon- as provided in paragraph 12.02.A. Delays beyond the tracts are on the basis of Cost of the Work control of CONTRACTOR shall include, but not be plus a fee and no fixed fee is agreed upon, limited to, acts or neglect by OWNER, acts or neglect the intent of paragraph 12.01 C.2.a is that of utility owners or other contractors performing other the Subcontractor who actually performs work as contemplated by Article 7, fires, floods, the Work, at whatever tier, will be paid a The epidemics, abnormal weather conditions, or acts of of 15 percent of the costs incurred by such God. Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher Fier 12.04 Delays Within CONTRACTOR's Control Subcontractor and CONTRACTOR will each be paid a fee of five percent of the A. The Contract Times(or Milestones)will not be amount paid to the next lower tier Subcon- extended due to delays within the control of tractor; CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be d. no fee shall be payable on the deemed to be delays within the control of CONTRAC- basis of costs itemized under paragraphs TOR. 11.01.A.4, 11.01.A.5, and 11.01.6; 12.05 Delays Beyond OWNER's and e. the amount of credit to be allowed CONTRACTOR's Control by CONTRACTOR to OWNER for any change which results in a net decrease in A. Where CONTRACTOR is prevented from i cost will be the amount of the actual net completing any part of the Work within the Contract decrease in cost plus a deduction in Times (or Milestones) due to delay beyond the control j CONTRACTOR's fee by an amount equal of both OWNER and CONTRACTOR, an extension of to five percent of such net decrease; and the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be f. when both additions and credits are CONTRACTOR's sole and exclusive remedy for such j involved in any one change, the adjustment delay. in CONTRACTOR's fee shall be computed I on the basis of the net change in 12.06 Delay Damages accordance with paragraphs 12.01.C.2.a through'12.01.C.2.e, inclusive. A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any 12.02 Change of Contract Times Supplier, or any other person or organization,or to any surety for or employee or agent of any of them, for A. The Contract Times (or Milestones) may only damages arising out of or resulting from: be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the 1. delays caused by or within the control Contract Times (or Milestones) shall be based on of CONTRACTOR; or j written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract 2. delays beyond the control of both in accordance with the provisions of paragraph 10.05. OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal B. Any adjustment of the Contract Times (or weather conditions, acts of God, or acts or Milestones) covered by a Change Order or of any neglect by utility owners or other contractors Claim for an adjustment in the Contract Times (or performing other work as contemplated by Milestones)will be determined in accordance with the Article 7. provisions of this Article 12. f 00700-General Conditions REV 5-10-13 ! 00700-35 i FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr West\Admim\bid documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc B. Nothing in this paragraph 12.06 bars a 3 as-$ Ienrriss ^nom !;y-prGvWed-ire change in Contract Price pursuant to this Article 12 to the GeRtraet-DeeWmeRts- compensate CONTRACTOR due to delay, interference, or disruption directly attributable to C. If Laws or Regulations of any public body actions or inactions of OWNER or anyone for whom having jurisdiction require any Work (or part thereof) OWNER is responsible. specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for ARTICLE 13-TESTS AND INSPECTIONS; arranging and obtaining such inspections, tests, or CORRECTION, REMOVAL OR ACCEPTANCE OF approvals, pay all costs in connection therewith, and DEFECTIVE WORK furnish ENGINEER the required certificates of inspec- tion or approval. 13.01 Notice of Defects D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in A. Prompt notice of all defective Work of which connection with any inspections, tests, or approvals OWNER or ENGINEER has actual knowledge will be required for OWNER's and ENGINEER's acceptance given to CONTRACTOR. All defective Work may be of materials or equipment to be incorporated in the rejected, corrected, or accepted as provided in this Work; or acceptance of materials, mix designs, or Article 13. equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation 13 02 Access to Work in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to A. OWNER, ENGINEER, ENGINEER's Con- OWNER and ENGINEER. sultants, other representatives and personnel of OWNER, independent testing laboratories, and E. If any Work (or the work of others) that is to governmental agencies with jurisdictional interests will be inspected, tested, or approved is covered by CON- have access to the Site and the Work at reasonable TRACTOR without written concurrence of ENGI- times for their observation, inspecting, and testing. NEER, it must, if requested by ENGINEER, be uncov- CONTRACTOR shall provide them proper and safe ered for observation. conditions for such access and advise them of CONTRACTOR's Site safety procedures and F. Uncovering Work as provided in paragraph programs so that they may comply therewith as 13.03.E shall be at CONTRACTOR's expense unless applicable. CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and 13.03 Tests and Inspections ENGINEER has not acted with reasonable prompt- ness in response to such notice. A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required 13.04 Uncovering Work inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate A. If any Work is covered contrary to the written required inspections or tests. request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation B. OWNER shall empley and pay fGF-tand replaced at CONTRACTOR's expense. senriges of an ii;denendent testing Iab Fatory to B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- 4 for inspe^tions tests or appFevals. TOR, at ENGINEER's request, shall uncover, expose, Govered by paFagraphr, 13.93.G and . or otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question, furnishing all neces- th.,t gg^t^ incurred in ban e^tien with sary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all paragraph 13.04.13 shall be paid as previded iR Claims, costs, losses, and damages (including but not said paFagraph 43.04.B; and limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or 00700-General Conditions REV 5-10-13 00700-36 P\Public Works\ENGINEERING DIVISION PROdECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestlAdmim\bid documentsWiaster Contract Documents\00700- General Conditions REV 5-10-13.doe i ; arbitration or other dispute resolution costs)arising out Con#aGt9GGL4meRts oF by any speGifiG PF9ViSiGn-Gfge of or relating to such uncovering, exposure, observa- CgntFaGt IDGG61ments-,��rk is fGURd te be tion, inspection, and testing, and of satisfactory defect;• or if the repair Gf any damagesto the land replacement or reconstruction (including but not OF aFeas mavadale f8F GONTRAGTOR's use hit limited to all costs of repair or replacement of work of OWNER eF-Pe mitt a h„ I ^,.,s and Regi ll^+inns a$ j others); and OWNER shall be entitled to an Goi temnlate.d in n^ raph a 11 n is found + be appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in instrusta paragraph 10.05..If, however, such Work is not found (ii)-GerreGt SUGh-defeGt, e-VVeFk or, if the defest;V to be defective, CONTRACTOR shall be allowed an has^s been neje„ted by O.A NEP' +eemGre 'ter fr9m Work rc ti increase in the Contract Price or an extension of the the RrGjest and replaGe-it with yrr, that is not Contract Times (or Milestones), or both, directly defective, r„d (iii) satisfaraterily GerFe P4epa+--of attributable to such uncovering, exposure Femove and replaGe aRY mage to r.ther VVerh + th observation, inspection, testing, replacement, and weak of others o s4eS4WRg there i reconstruction. If the parties are unable to agree as to fram If CONTRACTOR does not promptly comply the amount or extent thereof, CONTRACTOR may with the terms of such instructions, or in an make a Claim therefor as provided in paragraph emergency where delay would cause serious risk of 10.05. loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected 13.05 OWNER May Stop the Work Work removdd and replaced, and all Claims, costs, losses, and damages (including but not limited to all A. if the VVo fees and charges of engineers, architects, attorneys, fails t0 SUPPly SUffiGieRt skilled wGi:kers or suitableand other professionals and all court or arbitration or materials Gr equipment, or fails to perfoFm thp Wnrk other dispute resolution costs)arising out of or relating suGh a way that the GOmpleted Work Will GGRf9FM t9_ to such correction or repair or such removal and the C;E)RtFaGt DOGUMeRtS, OWNER may order GON replacement (including but not limited to all costs of TRACTOR te step the Werk, eF any pertion , repair or replacement of work of others)will be paid by until the ause fGr SUGh, Greer has bee ;i ,,,ate '' CONTRACTOR. hewever, this right of(l1 NEP to Nsterehe} Werk shall i Ret giVe rise to any duty en the partom^ QWIi ER to B. fn-speGial GiFG6Mst es :'here w art, uln„ ex raise this right for the benefit of CONTRACTOR item of equipment i nh+�in_..GGnt�-r{' eus sePAGe �C .,. .,^y.., .moo,-a-,--,--�r a v , any other iRdividual befGre Substaptia14�' � F of all the �A��he Gr entity, or any surety forOF employee agent of Gerrestien--peried-#Gr}hot item may start tG rim from an aRy o them. earlier date if so provided r1 in th SAS,Fitten Amendment.. 13.06 Correction or Removal of Defective Work C. Where defective Work (and damage to other A. CONTRACTOR shall correct all defective Work resulting therefrom) has been corrected or i Work, whether or not fabricated, installed, or removed and replaced under this paragraph 13.07, completed, or, if the Work has been rejected by ENGI- the correction period hereunder with respect to such NEER, remove it from the Project and replace it with Work will be extended for an additional period of one Work that is not defective. CONTRACTOR shall pay year after such correction or removal and replacement all Claims, costs, losses, and damages (including but has been satisfactorily completed. not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all D. CONTRACTOR's obligations under this j court or arbitration or other dispute resolution costs) paragraph 13.07 are in addition to any other obligation arising out of or relating to such correction or removal or warranty. The provisions of this paragraph 13.07 (including but not limited to all costs of repair or shall not be construed as a substitute for or a waiver replacement of work of others). of the provisions of any applicable statute of limitation or repose. 13.07 Correction Period i 13.08 Acceptance of Defective Work A. if within one vee after the dateofvuhvtvntrrnI GampletieR OF SUGh I9R9eF pei;iod of time as may be A. If, instead of requiring correction or removal nreeorihed by Laws or Regulat;G^s-er by the } f and replacement of defective Work, OWNER (and, � rior to ENGINEER's recommendation of final pa y- 00700 p y- 00700-General Conditions REV 5-10-13 I 00700-37 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr Wesl\Admim\bid documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc i i ment, ENGINEER) prefers to accept it, OWNER may C. All Claims, costs, losses, and damages do so CONTRACTOR shall pay all Claims, costs, (including but not limited to all fees and charges of losses, and damages (including but not limited to all engineers, architects, attorneys, and other fees and charges of engineers, architects, attorneys, professionals and all court or arbitration or other and other professionals and all court or arbitration or dispute resolution costs) incurred or sustained by other dispute resolution costs) attributable to OWNER in exercising the rights and remedies under OWNER's evaluation of and determination to accept this paragraph 13.09 will be charged against CON- such defective Work (such costs to be approved by TRACTOR, and a Change Order will be issued ENGINEER as to reasonableness)and the diminished incorporating the necessary revisions in the Contract value of the Work to the extent not otherwise paid by Documents with respect to the Work; and OWNER CONTRACTOR pursuant to this sentence. If any shall be entitled to an appropriate decrease in the such acceptance occurs prior to ENGINEER's recom- Contract Price. If the parties are unable to agree as to mendation of final payment, a Change Order will be the amount of the adjustment, OWNER may make a issued incorporating the necessary revisions in the Claim therefor as provided in paragraph 10 05. Such Contract Documents with respect to the Work, and claims, costs, losses and damages will include but not OWNER shall be entitled to an appropriate decrease be limited to all costs of repair, or replacement of work in the Contract Price, reflecting the diminished value of of others destroyed or damaged by correction, Work so accepted. If the parties are unable to agree removal, or replacement of CONTRACTOR's as to the amount thereof, OWNER may make a Claim defective Work. therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an D. CONTRACTOR shall not be allowed an appropriate amount will be paid by CONTRACTOR to extension of the Contract Times (or Milestones) OWNER. because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's 13.09 OWNER May Correct Defective Work rights and remedies under this paragraph 13.09. A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct ARTICLE 14- PAYMENTS TO CONTRACTOR AND defective Work or to remove and replace rejected COMPLETION Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract 14.01 Schedule of Values Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, A. The schedule of values established as provid- OWNER may, after seven days written notice to ed in paragraph 2.07.A will serve as the basis for CONTRACTOR, correct and remedy any such progress payments and will be incorporated into a deficiency. form of Application for Payment acceptable to ENGI- NEER. Progress payments on account of Unit Price B. In exercising the rights and remedies under Work will be based on the number of units completed. this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial 14.02 Progress Payments action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the A. Applications for Payments Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, 1. At least 20 days before the date appliances, construction equipment and machinery at established for each progress payment(but not the Site, and incorporate in the Work all materials and more often than once a month), equipment stored at the Site or for which OWNER has CONTRACTOR shall submit to ENGINEER for paid CONTRACTOR but which are stored elsewhere, review an Application for Payment filled out and CONTRACTOR shall allow OWNER, OWNER's signed by CONTRACTOR covering the Work representatives, agents and employees, OWNER's completed as of the date of the Application and other contractors, and ENGINEER and ENGINEER's accompanied by such supporting Consultants access to the Site to enable OWNER to documentation as is required by the Contract exercise the rights and remedies under this Documents. If payment is requested on the paragraph. basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location 00700-General Conditions REV 5-10-13 00700-38 P\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documentsWaster Contract Documents\00700- General Conditions REV 5-10-13.doc i agreed to in writing, the Application for Payment subsequent nt tests called for in the Contract shall also be accompanied by a bill of sale, Documents, to a final determination of invoice, or other documentation warranting that quantities and classifications for Unit Price OWNER has received the materials and equip- Work under paragraph 9.08, and to any ment free and clear of all Liens and evidence other qualifications stated in the that the materials and equipment are covered recommendation); and by appropriate property insurance or other arrangements to protect OWNER's interest c. The conditions precedent to I therein, all of which must be satisfactory to CONTRACTOR's being entitled to such OWNER. payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to 2. Beginning with the second observe the Work. Application for Payment, each Application shall include an affidavit of CONTRACTOR stating 3. By recommending any such that all previous progress payments received payment ENGINEER will not thereby be on account of the Work have been applied on deemed to have represented that: (i) inspec- account to discharge CONTRACTOR's tions made to check the quality or the quantity legitimate obligations associated with prior of the Work as it has been performed have Applications for Payment. been exhaustive, extended to every aspect of the Work in progress, or involved detailed 3. The amount of retainage with respect inspections of the Work beyond the responsi- to progress payments will be as stipulated in bilities specifically assigned to ENGINEER in the Agreement. the Contract Documents; or (ii) that there may not be other matters or issues between the B. Review of Applications parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER 1. ENGINEER will, within 10 days after to withhold payment to CONTRACTOR. receipt of each Application for Payment, either indicate in writing a recommendation of 4. Neither ENGINEER's review of payment and present the Application to CONTRACTOR's Work for the purposes of OWNER or return the Application to recommending payments nor ENGINEER's CONTRACTOR indicating in writing recommendation of any payment, including final ENGINEER's reasons for refusing to payment, will impose responsibility on recommend payment. In the latter case, CON- ENGINEER to supervise, direct, or control the TRACTOR may make the necessary Work or for the means, methods, techniques, corrections and resubmit the Application. sequences, or procedures of construction, or i the safety precautions and programs incident ' 2. ENGINEER's recommendation of thereto, or for CONTRACTOR's failure to any payment requested in an Application for comply with Laws and Regulations applicable to Payment will constitute a representation by CONTRACTOR's performance of the Work. ENGINEER to OWNER, based on Additionally, said review or recommendation will ENGINEER's observations on the Site of the not impose responsibility on ENGINEER to executed Work as an experienced and qualified make any examination to ascertain how or for ' design professional and on ENGINEER's what purposes CONTRACTOR has used the review of the Application for Payment and the moneys paid on account of the Contract Price, accompanying data and schedules, that to the or to determine that title to any of the Work, best of ENGINEER's knowledge, information materials, or equipment has passed to and belief: OWNER free and clear of any Liens. a. the Work has progressed to the point 5. ENGINEER may refuse to recom- indicated; mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to b. the quality of the Work is generally in make the representations to OWNER referred accordance with the Contract Documents to in paragraph 14.02.6.2. ENGINEER may (subject to an evaluation of the Work as a also refuse to recommend any such payment functioning whole prior to or upon or, because of subsequently discovered Substantial Completion, to the results of any evidence or the results of subsequent 00700-General Conditions REV 5-10-13 00700-39 FAPublic Works\ENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestWdmlmXbid documentslMaster Contract Documents\00700- General Conditions REV 5-10-13.doc I i inspections or tests revise or revoke an such ENGINEER OWNER must give P � Y payment recommendation previously made, to CONTRACTOR immediate written notice (with such extent as may be necessary in a copy to ENGINEER) stating the reasons for ENGINEER's opinion to protect OWNER from such action and promptly pay CONTRACTOR loss because: any amount remaining after deduction of the amount so withheld. OWNER shall promptly �l a. the Work is defective, or completed pay CONTRACTOR the amount so withheld, or Work has been damaged, requiring any adjustment thereto agreed to by OWNER correction or replacement; and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons b. the Contract Price has been reduced for such action. by Written Amendment or Change Orders; 3. If it is subsequently determined that c. OWNER has been required to correct OWNER's refusal of payment was not justified, f defective Work or complete Work in accor- the amount wrongfully withheld shall be treated dance with paragraph 13.09;or as an amount due as determined by paragraph 14.02.C.1. d. ENGINEER has aGtual knewledge of the GGGUrrenGe of any of the events nnurner- 14.03 CONTRACTOR's Warranty of Title a . A. CONTRACTOR warrants and guarantees C. Payment Becomes Due that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated 1 Ten days after nresentatinn of the in the Project or not,will pass to OWNER no later than AppNsation-fer Payment to QWNER v.rith the time of payment free and clear of all Liens. €A'GINE€R'sreGGFrimendatieR, the arnewRt Fe(39m eery 14.04 Substantial Completion paragraph 14.020) beGOFne , and when due.fill be paid by OWNER to�'nnf`'T ITRAQR A. When CONTRACTOR considers the entire v Work ready for its intended use CONTRACTOR shall D. Reduction in Payment notify OWNER and ENGINEER in writing that the entire Work is substantially complete(except for items 1. OWNER may refuse to make specifically listed by CONTRACTOR as incomplete) payment of the full amount recommended by and request that ENGINEER issue a certificate of ENGINEER because: Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall a. claims have been made against make an inspection of the Work to determine the OWNER on account of CONTRACTOR's status of completion. If ENGINEER does not consider performance or furnishing of the Work; the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons b. Liens have been filed in connection therefore. if ENGINEER GE)Rsiders the ).Ata with the Work, except where substantially-Gemplete, ENGINEERwill prepare and j CONTRACTOR has delivered a specific deliveF to OWNER a tentatiVe GeFtifiGate of SubstaRtia_l I Bond satisfactory to OWNER to secure the Gempletion whiGh shall fix the-date-ef S;bstaatial I satisfaction and discharge of such Liens; Gernpletien. There shall be ^*^^hed to the Gertiftsate a tentative list of items to be Gerripleted Gr E;erFeGted c. there are other items entitling OWN- befe,Fe final payment. OWNER shall e seven days ER to a set-off against the amount after FeGeipt of the tentative Ge;tif Gate during ,hiGh to recommended; or make written c�bjesti9; zG ENGINEER as te-any p;evis,e,s of the Gertifisate er attas#�ed Inst. I#-after d. OWNER has actual knowledge of the ^^nsideFin^ -c ENGINEER RGl de � occurrence of any of the events enumerated that the Aheirk is not—substantially—GOMplete in paragraphs 14.02.B.5.a through ENGINEER will within 14 d,, - I issiE)R of the 14 02.B.5.c or paragraph 15.02.A. rn writing, stating the Feasens therefer. if, a€ter 2. If OWNER refuses to make payment Gensideratiera-ef OWNER's bjeGto^s, €PIG;-NEER of the full amount recommended by Geflsiders the WaFk substantially—GOmplete, 00700-General Conditions REV 5-10-13 00700-40 F%Public WorkstENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documenls100700- General Conditions REV 5-10-13.doc ENGINEER ,.,in ,,; iR said 14 ys exeGHte and tially complete and request ENGINEER to issue a certificate of Substantial Completion for that Gertifioate of t+al� tiGn 10vith a Fevised part of the Work. Within a reasonable time tentative—list of items to h mpleted OF GGFFBGted) after either such request, OWNER, ,.ting such GhaRges from th�te4#ative.-sertt#� CONTRACTOR, and ENGINEER shall make as ENGINEER believes justified after noncideration o an inspection of that part of the Work to any ebjestions from OWNER. At the time of delivee¢ determine its status of completion. If of the tentative GertiF to of c„hsta eR}pletieR ENGINEER does not consider that part of the ENG," WEER ,yill deliver to (Q) lE Work to be substantially complete, ENGINEER Top a written reGorn vision—o will notify OWNER and CONTRACTOR in responsibilities—peRdiRg final—payment—between writing giving the reasons therefor. If OWNER and CONTRACTOR with FespeGt tO , ENGINEER considers that part of the Work to Gperation,safer —and—pFE)test Gnof the WGT4, be substantially complete, the provisions of maiiRtenanse,, beat, n utilitie , is�suranGe, and waFFantie paragraph 14.04 will apply with respect to ;ani—guaFaRtees. toss OWNER and certification of Substantial Completion of that nSO,TRACTO agree—ether Mise in writing and sq part of the Work and the division of ;nform ENGINEER On vKi ing p Gr to En GINEER's responsibility in respect thereof and access 4—,suing the definitive s thereto. tiee,ENGINEER's aforesaid r endatiG4i-w&� 2. No occupancy or separate operation paymeR of part of the Work may occur prior to compliance with the requirements of paragraph B. OWNER shall have the right to exclude 5.10 regarding property insurance. CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- 14.06 Final Inspection TRACTOR reasonable access to complete or correct items on the tentative list. A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is 14.05 Partial Utilization complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will A. Use by OWNER at OWNER's option of any notify CONTRACTOR in writing of all particulars in substantially completed part of the Work which has which this inspection reveals that the Work is specifically been identified in the Contract Documents, incomplete or defective. CONTRACTOR shall or which OWNER, ENGINEER, and CONTRACTOR immediately take such measures as are necessary to agree constitutes a separately functioning and usable complete such Work or remedy such deficiencies. part of the Work that can be used by OWNER for its intended purpose without significant interference with 14.07 Final Payment CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial A. Application for Payment Completion of all the Work subject to the following conditions. 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed 1. OWNER at any time may request all corrections identified during the final CONTRACTOR in writing to permit OWNER to inspection and has delivered, in accordance use any such part of the Work which OWNER with the Contract Documents, all maintenance believes to be ready for its intended use and and operating instructions, schedules, guaran- substantially complete If CONTRACTOR tees, Bonds, certificates or other evidence of agrees that such part of the Work is insurance certificates of inspection, marked-up substantially complete, CONTRACTOR will record documents (as provided in paragraph certify to OWNER and ENGINEER that such 6.12), and other documents, CONTRACTOR part of the Work is substantially complete and may make application for final payment follow- request ENGINEER to issue a certificate of ing the procedure for progress payments. Substantial Completion for that part of the Work. CONTRACTOR at any time may notify 2. The final Application for Payment OWNER and ENGINEER in writing that shall be accompanied (except as previously CONTRACTOR considers any such part of the delivered) by: (i) all documentation called for in Work ready for its intended use and substan- the Contract Documents, including but not 00700-General Conditions REV 5-10-13 00700-41 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or West\Admim\bid documents\Masler Contract Documents\00700- General Conditions REV 5-10-13.doc i limited to the evidence of insurance required by assompaa-ying--desunae Ttatien, the amount subparagraph 5.04 B.7; (ii) consent of the reGGIMmended by ENGINEER will beseme due surety, if any, to final payment; and (iii) and-when due, will be paid 'Dy QWNER to complete and legally effective releases or CONTRACT waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection 14.08 Final Completion Delayed with the Work. A. If, through no fault of CONTRACTOR, final 3. In lieu of the releases or waivers of completion of the Work is significantly delayed, and if Liens specified in paragraph 14.07.A.2 and as ENGINEER so confirms, OWNER shall, upon receipt approved by OWNER, CONTRACTOR may of CONTRACTOR's final Application for Payment and furnish receipts or releases in full and an recommendation of ENGINEER, and without terminat- affidavit of CONTRACTOR that: (i)the releases ing the Agreement, make payment of the balance due and receipts include all labor, services, for that portion of the Work fully .completed and material, and equipment for which a Lien could accepted. If the remaining balance to be held by be filed; and (ii) all payrolls, material and OWNER for Work not fully completed or corrected is equipment bills, and other indebtedness less than the retainage stipulated in the Agreement, connected with the Work for which OWNER or and if Bonds have been furnished as required in OWNER's property might in any way be paragraph 5.01, the written consent of the surety to responsible have been paid or otherwise satis- the payment of the balance due for that portion of the fled. If any Subcontractor or Supplier fails to Work fully completed and accepted shall be submitted furnish such a release or receipt in full, CON- by CONTRACTOR to ENGINEER with the Application TRACTOR may furnish a Bond or other for such payment. Such payment shall be made ! collateral satisfactory to OWNER to indemnify under the terms and conditions governing final OWNER against any Lien. payment, except that it shall not constitute a waiver of Claims. B. Review of Application and Acceptance 14.09 Waiver of Claims 1. If, on the basis of ENGINEER's observation of the Work during construction A. The making and acceptance of final payment and final inspection, and ENGINEER's review will constitute: of the final Application for Payment and accompanying documentation as required by 1. a waiver of all Claims by OWNER the Contract Documents, ENGINEER is against CONTRACTOR, except Claims arising satisfied that the Work has been completed from unsettled Liens, from defective Work and CONTRACTOR's other obligations under appearing after final inspection pursuant to the Contract Documents have been fulfilled, paragraph 14.06, from failure to comply with the ENGINEER will, within ten.days after receipt of Contract Documents or the terms of any special the final Application for Payment, indicate in guarantees specified therein, or from writing ENGINEER's recommendation of CONTRACTOR's continuing obligations under payment and present the Application for the Contract Documents;and Payment to OWNER for payment. At the same time ENGINEER will also give written notice to 2. a waiver of all Claims by CONTRAC- OWNER and CONTRACTOR that the Work is TOR against OWNER other than those acceptable subject to the provisions of previously made in writing which are still paragraph 14.09. Otherwise, ENGINEER will unsettled. return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final ARTICLE 15-SUSPENSION OF WORK AND payment, in which case CONTRACTOR shall TERMINATION 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 1. Thirtydaysafter-the-preseRtatisa-te suspend the Work or any portion thereof for a period OWNER of the AppliGatiGR for Payment and of not more than 90 consecutive days by notice in 00700-General Conditions REV 510-13 00700-42 F"\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk improvements 26th St.to Airport Dr WP0Admim\bid documents\Master Contract Documents10070D- General Conditions REV 5-10.13.doc i writing to CONTRACTOR and ENGINEER which will will be paid to CONTRACTOR. If such claims, costs, fix the date on which Work will be resumed. CON- losses, and damages exceed such unpaid balance, TRACTOR shall resume the Work on the date so CONTRACTOR shall pay the difference to OWNER. fixed. GONTRAGTOR shall be allGwed @R adjustm Such claims, costs, losses, and damages incurred by st OWNER will be reviewed by ENGINEER as to their Times, 6r beth, direGtly attributable te any s reasonableness and, when so approved by cusp im+a,,,m;e,efbF ENGINEER, incorporated in a Change Order. When as-provided in paragraph 10.05. exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the 15.02 OWNER May Terminate for Cause lowest price for the Work performed. A. The occurrence of any one or more of the C. Where CONTRACTOR's services have been following events will justify termination for cause: so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against 1. CONTRACTOR's persistent failure CONTRACTOR then existing or which may thereafter to perform the Work in accordance with the accrue. Any retention or payment of moneys due Contract Documents (including, but not limited CONTRACTOR by OWNER will not release CON- to, failure to supply sufficient skilled workers or TRACTOR from liability. suitable materials or equipment or failure to adhere to the progress schedule established 15.03 OWNER May Terminate For Convenience under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without 2. CONTRACTOR's disregard of Laws cause and without prejudice to any other right or or Regulations of any public body having remedy of OWNER, elect to terminate the Contract. jurisdiction; In such case, CONTRACTOR shall be paid (without duplication of any items): 3. CONTRACTOR's disregard of the authority of ENGINEER;or 1. for completed and acceptable Work executed in accordance with the Contract 4. CONTRACTOR's violation in any Documents prior to the effective date of substantial way of any provisions of the termination, including fair and reasonable sums Contract Documents. for overhead and profit on such Work; B. if one or more of the events identified in 2. for expenses sustained prior to the paragraph 15.02.A occur, OWNER may, after giving effective date of termination in performing CONTRACTOR (and the surety, if any) seven days services and furnishing labor, materials, or written notice, terminate the services of equipment as required by the Contract CONTRACTOR, exclude CONTRACTOR from the Documents in connection with uncompleted Site, and take possession of the Work and of all Work, plus fair and reasonable sums for CONTRACTOR's tools, appliances, construction overhead and profit on such expenses; equipment, and machinery at the Site, and use the same to the full extent they could be used by 3. for all claims, costs, losses, and CONTRACTOR(without liability to CONTRACTOR for damages (including but not limited to all fees trespass or conversion), incorporate in the Work all and charges of engineers, architects, attorneys, materials and equipment stored at the Site or for and other professionals and all court or which OWNER has paid CONTRACTOR but which arbitration or other dispute resolution costs) in- are stored elsewhere, and finish the Work as OWNER curred in settlement of terminated contracts may deem expedient. In such case, CONTRACTOR with Subcontractors, Suppliers, and others;and shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the 4. for reasonable expenses directly Contract Price exceeds all claims, costs, losses, and attributable to termination. damages (including but not limited to all fees and charges of engineers,.architects, attorneys, and other B. CONTRACTOR shall not be paid on account professionals and all court or arbitration or other of loss of anticipated profits or revenue or other eco- dispute resolution costs)sustained by OWNER arising nomic loss arising out of or resulting from such out of or relating to completing the Work, such excess termination. 00700-General Conditions REV 5-10-13 00700-43 RxPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West%dmim\bid documents\Master Contract Documents\DD70D- General Conditions REV 5-10-13.doc ; i person to the individual or to a member of the firm or 15 04 CONTRACTOR May Stop Work or to an officer of the corporation for whom it is intended, Terminate or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known A. If, through no act or fault of CONTRACTOR, to the giver of the notice. the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other 17 02 Computation of Times i public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is A. When any period of time is referred to in the . submitted, or OWNER fails fbr 30 days to pay G9N Contract Documents by days, it will be computed to TIR-ACTOR any sum !y-detern*ed}�-bei,then exclude the first and include the last day of such CONTRACTOR may, upon seven days written notice period. If the last day of any such period falls on a to OWNER and ENGINEER, and provided OWNER Saturday or Sunday or on a day made a legal holiday or ENGINEER do not remedy such suspension or by the law of the applicable jurisdiction, such day will failure within that time, terminate the Contract and be omitted.from the computation. recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the 17.03 Cumulative Remedies Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an A. The duties and obligations imposed by these Application for Payment within 30 days after it is General Conditions and the rights and remedies avail- submitted, 9F OWNER has failed fer 30 days to pay able hereunder to the parties hereto are in addition to, CONTRACTOR any sum finally determined to he d, and are not to be construed in any way as a limitation CONTRACTOR may, seven days after written notice of, any rights and remedies available to any or all of to OWNER and ENGINEER, stop the Work until them which are otherwise imposed or available by payment is made of all such amounts due Laws or Regulations, by special warranty or CONTRACTOR, including interest thereon. The guarantee, 'or by other provisions of the Contract j provisions of this paragraph 15.04 are not intended to Documents, and the provisions of this paragraph will j preclude CONTRACTOR from making a Claim under be as effective as if repeated specifically in the paragraph 10 05 for an adjustment in Contract Price Contract Documents in connection with each or Contract Times or otherwise for expenses or particular duty, obligation, right, and remedy to which damage directly attributable to CONTRACTOR's they apply. stopping the Work as permitted by this paragraph. 17.04 Survival of Obligations I ARTICLE 16-DISPUTE RESOLUTION A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as 16.01 Methods and Procedures all continuing obligations indicated in the Contract Documents, will survive final payment, completion, A. Dispute resolution methods and procedures, if and acceptance of the Work or termination or comple- any, shall be as set forth in the Supplementary tion of the Agreement. Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 17.05 Controlling Law i and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may A. This Contract is to be governed by the law of the otherwise have under the Contract Documents or by state in which the Project is located. Laws or Regulations in respect of any dispute. 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 00700-General Conditions REV 5-10-13 00700-44 F•\Public Works\ENGIN EE RING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc ! I I i SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS - i 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 i Performance, Payment and Other Bonds SC—5 01 Certificates of Insurance SC—5.03 I I CONTRACTOR'S Liability Insurance SC—5.04 j 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 i i 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 1 OWNER May Stop the Work SC— 13.05 ! Correction Period SC— 13.07 Progress Payments SC— 14.02 j Substantial Completion SC — 14.04 i i 00800-i 00800-Supplementary Conditions 05-13 rev 00800 iFAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents100800-Supplementary Conditions 05-13 rev.doc - � I I Final Payment SC — 14,07 OWNER May Suspend Work SC — 15.01 I 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 1 1 � I +++ END OF THIS SUPPLEMENTARY CONDITIONS INDEX+++ i - I i' 1 . I i i i i I i 1 i 00800-ii j 00800-Supplementary Conditions 05-13 rev 00800 iiF:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contrail Documents\00800-Supplementary Conditions 05-13 rev.doo SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC-1.00 Introduction I These Supplementary Conditions amend or supplement the Standard General Conditions of the l Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract j Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. i The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. SC-1.01 Defined Terms j SC-1.01.A.20. Delete paragraph GC 1.01.A.20 in its entirety. SC-1.02 Terminology SC-1.02.D.1, 2, and 3 Delete paragraphs GC-1.02.D.1, 2, and 3 in their entirety and insert the following paragraphs in their place: D. Furnish, Install, Perform, Provide 1. The word "furnish" shall mean to supply and deliver services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install' shall mean to put into use or place in final position services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide" shall mean to furnish and install services, materials, or equipment complete and ready for intended use. SC-2.05 Before Starting Construction SC-2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its place: C. Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. SC-2.06 Preconstruction Conference SC-2.06 Delete paragraph GC-2.06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work, the Project Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2.05.13, procedures 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. 00800-1 00800-Supplementary Conditions 05-13 rev 00800 1 F-1Public WorkstENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documentsWaster Contract Documents\00800-Supplementary Conditions 05-13 rev.doc i 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 j Holidays, Sick &Vacation Benefits Actual Retirement Benefits Actual Rates based on the National Council on j 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.). I I SC-3.06 Coordination of Plans, Specifications, and Special Provisions SC-3.06 Add the following new paragraphs immediately after paragraph GC-3.05: SC-3.06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows: 1. Written Interpretations 2. Addenda 3. Specifications 4. Supplementary Conditions to the General Conditions 5. General Conditions 6. Approved Shop Drawings 7. Drawings 8. Referenced Standards. B. Written/computed dimensions shall govern over scaled dimensions. SC-4.02 Subsurface and Physical Conditions SC-4.02 Add the following new paragraphs immediately after paragraph GC-4.02.B: 00800-2 00800-Supplementary Conditions 05-13 rev 00800 2F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestWdmim\bid documents\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc i C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: Roadway Soil Survey: No Soil Survey Available j i SC-5.01 Performance, Payment and Other Bonds i SC-5.01.A. Delete paragraph GC-5.01.A in its entirety and insert the following paragraphs in its place: ' Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. 1. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. 2. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. 3. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. SC-5.03 Certificates of Insurance SC-5.03 Delete the second sentence of paragraph GC-5.03 in its entirety. SC-5.04 CONTRACTOR's Liability Insurance SC-5.04 Add the following new paragraphs immediately after paragraph GC-5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations C. Contractual Liability d. Independent Contractors e. Explosion f. Collapse I 00800-3 00800-Supplementary Conditions 05-13 rev 00800 3F1PubIic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documenls100600-Supplementary Conditions 05-13 rev.doc g. Underground 3 Business Auto Liability Coverage shall provide minimum limits of liability of$1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Owned Autos b. Hired Autos C. Non-Owned Autos. 4. 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. I 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. Indian River County, Florida SC-5.06 OWNER's Liability Insurance SC-5.05 Delete paragraph GC-5.05.A in its entirety. SC-5.06 Property Insurance SC-5.06 Delete paragraphs GC-5.06.A, B, and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 00800-4 00800-Supplementary Conditions 05-13 rev 00800 4P1Public WorksIENG[NEERING DIVISION PROJECTSl1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestVldmimlbid documentslMaster Contract Documents100900-Supplementary Conditions 05-13 rev.doc i 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); i 4. cover materials and equipment stored at the Site or at another location that was I 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 i 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. I 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. i i 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 SC-5.07 Waiver of Rights SC-5.07 Delete GC-5.07(paragraphs A, B, and C) in its entirety. SC-5.08 Receipt and Application of Insurance Proceeds SC-5.08 Delete GC-5.08(paragraphs A and B) in its entirety. SC-5.09 Acceptance of Bonds and Insurance; Option to Replace SC-5.09 Delete GC-5.09(paragraph A)in its entirety. SC-6.02 Labor; Working Hours SC-6.02.A. Add the following paragraphs immediately after paragraph GC-6.02.A: i 00800-5 00800-Supplementary Conditions 05-13 rev 00800 5F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid doouments\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc 1. The Contractor shall utilize the U S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of all persons employed by the'Contractor during the term of the Contract to perform employment duties within Florida and all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the Contract with the Department. SC-6.02.13. Add the following paragraphs immediately after paragraph GC-6.02.B: 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. 2. Indian River County Holidays are: New Year's Day, Martin Luther King, Jr. Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager. 3. The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of emergency upon specific permission of the ENGINEER. I SC-6.06 Concerning Subcontractors, Suppliers, and Others SC-6.06.C. Add the following sentence at the end of paragraph GC-6.06.C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC-6.08 Permits SC-6.08 Add the following paragraphs immediately after paragraph GC-6.08.A: 1. The OWNER has obtained the following permits (copies of these permits are contained in Appendix"A"): A. St. Johns River Water Management District -General Permit 146056-1 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 00800-6 00800-Supplementary Conditions 05-13 rev 00800 6F-XPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 28th St.to Airport Dr WesltAdmimlbid documentsWasler Contract Documents\00800-Supplementary Conditions 05-13 rev.doc the permits at no extra cost to the OWNER. 3. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC-11.01 Cost of the Work SC-11.01.A.1. Delete paragraph GC-11.01.A.1 in its entirety, and insert the following sentences in its place: 1. CONTRACTOR will receive payment for actual costs of direct labor and burden (see SC-2.06.13) for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro-rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project ! supervisory personnel, direct labor or foremen hereunder. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. i I SC-13.03 Test and Inspections SCA 3.03.B. 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: I 1. inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.13 shall be paid as provided in said paragraph 13.04.6; 3. tests otherwise specifically provided in the Contract Documents. 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 i 00800-7 00800-Supplementary Conditions 05-13 rev 00800 7F:\Public Works\ENGINEERING DIVISION PROJECTS\112343rd Ave Sidewalk Improvements 26th St.to Airport Dr Wesl\Admim\bid documents\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc I 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. I SC-13.07 B. Delete paragraph GC-13.07.B in its entirety and insert the following sentence in its place B. In special circumstances where a particular item of equipment is placed in continuous 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-14.02.6.5. Delete paragraph GC-14.02.B.5.d in its entirety and insert the following paragraph in its place: d. ENGINEER has actual knowledge of the occurrence of any of the events s enumerated in paragraph 15.02.A; or SC-14.02.B.5. Add the following sentences at the end of paragraph GC-14.02.B.5.- e. C-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: 00800-8 00800-Supplementary Conditions 05-13 rev 00800 8F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr Wast\Admim\bid documents\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc 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 SC-14.07 Final Payment SC-14.07.C.1. Delete paragraph GC-14.07.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act", Florida Statutes section 218.70, et. seq. SC-15.01 OWNER May Suspend Work 00800-9 00800-Supplementary Conditions 05-13 rev 00800 9F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr Wes0Admim\bid documents\Master Contract Documents\00800-Supplementary Conditions 05-13 rev.doc SC-15 01.A Delete the last sentence in paragraph GC-15.01.A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times, directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10.05. CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be,paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension. SC-15.02 OWNER May Terminate For Cause SC-15.02.A.5 and SC-15.02.A.6 Add the following new paragraphs immediately after paragraph GC-15.02.A.4: 5. CONTRACTOR's violation of Section 02225 —"Erosion Control and Treatment of Dewatering Water From the Construction Site." 6. CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers. SC-15.04 CONTRACTOR May Stop Work or Terminate SC-15.04 Delete the following text from the first sentence of paragraph GC-15.04.A: or OWNER fails for 30 days to pay CONTRAGTOR any surn finally determined to be due� SC-15.04 Delete the following text from the second sentence of paragraph GC-15.04.A: OF OWNER has failed for 30 days to pay CONTRACTOR any sum finally deteFmined to e fie; SC-16 DISPUTE RESOLUTION SCA 6.02 Mediation SC-16 Add the following new paragraph immediately after paragraph GC-16.01. SCA 6.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. SC-17 Miscellaneous SC-17.06 Liens Add the following new paragraphs immediately after paragraph GC17.05: SC-17.06 Liens 00800-10 00800-Supplementary Conditions 05-13 rev 00800 10FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport or West\Admim\bid documents\Master Contract Documents\00600-Supplementary Conditions 05-13 rev.doc 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: i "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. I I i I ++END OF SUPPLEMENTARY CONDITIONS++ i i i I i c i i I i I 00800-11 00800-Supplementary Conditions 05-13 rev 00800 11 I'Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th SL to Airport Dr West'Admim\bid documentslMaster Contract Documentsk00800-Supplementary Conditions 05-13 rev.doc I i I j SECTION 00942 - Change Order Form No. j DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County i CONTRACTOR Project: 43R1 AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST OWNER's Project No. 1123 OWNER'S Bid No. 2017013 FM No.: 431725-2-58-01 You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net Increase(Decrease)from $ Net change from previous Change previous Change Orders No. Orders No to (days) to Substantial Completion: Final Completion: Contract Price prior to this $ Contract Time prior to this Change Change Order: Order: (days or dates) Substantial Completion: Final Completion: Net increase(decrease)of this $ Net increase (decrease)this Change Order: Change Order: (days or dates) Substantial Completion: Final Com letion: Contract Price with all approved $ Contract Time with all approved Change Orders: Change Orders: (days or dates) Substantial Completion: Final Completion. ACCEPTED: RECOMMENDED: APPROVED: By: By: By: CONTRACTOR,(Signature) ENGINEER(Signature) OWNER (Signature) Date: Date: Date: 00942-Change Order Form REV 04-07 00942-1 F\Public WorksIENGINEERING DIVISION PROJECTW 123 43rd Ave Sidewalk Improvements 26th St.to Airport or West\Admimlbid documents\Master Contract Documents=942-Change Order Form REV 04-07.doc Rev 05101 SECTION 00946 - Field Order Form Field Change No.: DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: 43R1 AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST OWNER's Project No. 1123 OWNER'S Bid No. 2017013 FM No.: 431725-2-58-01 Field Activity Description: t 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00946-Field Order Form REV 04-07.doc SECTION 0094.8 -Work Change Directive No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST OWNER's Project No. 1123 OWNER'S Bid No. 2017013 FM No.: 431725-2-58-01 You are directed to proceed promptly with the following changes: Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices Contract Times II Unit Prices n Contractor's Records II Lump Sum II Engineer's Records Q Other: II 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\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\00948-Work Change Directive Rev 06-2013.doc i DIVISION 1 GENERAL REQUIREMENTS ; I TITLE SECTION NO. _ I 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 j CONTROLS 01520 E PROTECTION Or THE WORK AND PROPERTY 01541 ACCESS ROADS, PARKINGS AREAS AND USE OF PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS 01610 AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION. 01820 F-\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\DIVISION 1 GENERAL REQUiREMENTS.doc i 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 bythe ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CONTRACTOR's expense. D. In addition to these Specifications all work must comply with the requirements of the local governing agency, St.Johns River Water Management District, Department of Environmental Protection, Army Corps of Engineers, Indian River Farms Water Control District, and all other applicable State or Federal agencies' specifications and permits. In the event of a conflict, the more stringent specification or requirement shall govern. E. 'Before performing any work outside the designated limits of the work site, secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained. Follow all requirements of any said permits or authorization. Give the ENGINEER and appropriate owner ten (10)days minimum notice before commencing construction operations outside the designated limits of the work site. 01009-1 01009-Special Provisions F:\Pub1icWorks\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestlAdmim\bid documents\Master Contract Documents\01009-Special Provisions.doc i 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. i a + + END OF SECTION + + i i i 01024— 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01024-Force Account.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 1.1 GENERAL A. The CONTRACTOR will furnish all construction staking for the project. All staking from control will be under the supervision of a Florida Registered Land Surveyor. B. Develop and make all detail surveys and measurements needed for construction including but not limited to, slope stakes, batter boards, piling layouts and all other working lines, elevations and cut sheets. C. Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work. D. Provide all material required for benchmarks, control points, batter boards, grade stakes, and other items. E. Be solely responsible for all locations, dimensions and levels. No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings. F. Safeguard all points, stakes, grademarks, monuments and benchmarks made or established on the Work, and reestablish same, if disturbed. Rectify all Work improperly installed because of not maintaining, not protecting or removing without authorization such established points, stakes, marks and monuments. G. When requested by the ENGINEER, provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR. Do no excavation or embankment work until all cross-sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER. H. The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. 1.2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR , A. Prior to commencing work, the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents. Immediately notify the ENGINEER upon discovery of any errors, inaccuracies or omissions in the survey data. The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or existing site information is correct and accurate,without any reasonably inferable errors, inaccuracies or omissions. 1050-1 01050 Field Engineering F 1Public WorkstENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WesMdmim\bid documents\Master Contract DocumentsN01050-Field Engineering.doc I SECTION 01050 FIELD ENGINEERING AND LAYOUT j 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, j benchmarks, reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land Surveyor 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 la Florida Registered Surveyor and Mapper. 1_3 STATION BOARDS A. CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet. 1.4 LAYOUT OF STRIPING Establish by instrument, and mark the finished surface, the points necessary for striping finished roadway in conformance with Section 5-7 of FDOT Standard Specifications. + + END OF SECTION + + 1050-2 01050 Field Engineering RkPublic WorksIENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St to Airport Dr WestVldmim\bid documentslMaster Contract Documents101050-Feld Engineering.doc i SECTION 01091 REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization or body, it shall be construed to mean the latest standard, code, specification or ' tentative specification adopted and published at the date of advertisement for bids, unless noted otherwise in the Technical Specifications or on the Drawings. When a reference standard is specified, comply with requirements and recommendations stated in that standard, except when they are modified by the Contract Documents, or when applicable laws, ordinances, rules, regulations or codes establish stricter standards. The list of specifications presented in Paragraph B is hereby made a part of the Contract, the same as if repeated herein in full. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED.SPEC. Federal Specifications 01091-1 01091 Reference Standards F\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr WesMdmim\bid documents\Master Contract Documents\01091-Reference Standards.doc f I SECTION 01091 ` I � REFERENCE STANDARDS CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection I DNR Department of Natural'Resources NCPI National Clay Pipe'Institute NEMA National Electrical Manufacturers Association NEC National Electric Code i NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute i FDOT/DOT Florida Department of Transportation U. L., Inc. Underwriter's Laboratories, Inc. SSPC Steel Structures Painting Council i SJRWMD St. Johns River Water Management District I 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\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01091-Reference Standards.doc I SECTION 01215 GENERAL QUALITY CONTROL 1.1 DESCRIPTION OF REQUIREMENTS A. Definitions: Specific quality control requirements for the work are indicated throughout the Contract Documents. The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products. The term "Quality Control" includes, but is not necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance. I , 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 j 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 i compliance. 1.3 QUALITY ASSURANCE A. General Workmanship Standards: It is a requirement that each category of tradesman or installer performing the work be pre-qualified,to the extent of being familiar with.the applicable and recognized quality standards for his category of work, and being capable of workmanship complying with those standards. 1.4 PRODUCT DELIVERY-STORAGE-HANDLING Handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and losses (and resulting delays), thereby ensuring highest quality results as the performance of the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at the project site prior to installation. 01215-1 01215 General Quality Control F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\o1215 General Quality.doc SECTION 01215 GENERAL QUALITY CONTROL 1.5 PROJECT PHOTOGRAPHSNIDEOS A. The CONTRACTOR shall make provisions, at his expense,for photographs and video tapes of all work areas just prior to construction, and for unusual conditions during construction.The photographs and videos shall show pertinent physical features along the line of construction. The purpose of the videos is to determine any damage to private or,public property during construction. The video must be performed by a professional videographer. B. Pre-Construction Photographs and Video: 1. Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction. These photographs and videos shall be a standard DVD format and shall be narrated. 2. The photographs and video shall include, but not be limited to,the following items shown in a clear manner: 1) All existing features within the right-of-way. 2) All existing features within the temporary construction easement. 3) All existing features within permanent easements. 4) All existing features adjacent to any construction. 3. Detail of the photographs and video shall be such that the following examples shall be clear and visible: 1) Cracks in walls. 2) Condition of fencing. 3) Condition of planted areas and types of vegetation. 4) Condition of sodded areas. 5) Conditions of sprinkler systems and associated controls and wiring. 6) Condition of signs. 7) Conditions of lighting and associated wiring. 8) Significant detail of any pre-existing damages physical features shall be shown. The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers. 9) These photographs and video record shall be presented and approved by the Owner prior to the Notice to Proceed. A copy shall be kept in the Contractor's field office. 10)Payment— No additional payment will be made for this work. + + END OF SECTION + + 01215-2 01215 General Quality Control F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01215 General Quality.doc SECTION 01220 PROGRESS MEETINGS 1.1 SCOPE A. Date.and Time: 1. .Regular Meetings: As mutually agreed upon by ENGINEER and CONTRACTOR. 2. Other Meetings: On call. B. Place: CONTRACTOR'S office at Project site or other mutually agreed upon location. C. ENGINEER shall prepare agenda, preside at meetings, and prepare and distribute a transcript of proceedings to all parties. D. CONTRACTOR shall provide data required and be prepared to discuss all items on agenda. i 1.2 MINIMUM ATTENDANCE A A. CONTRACTOR B. SUBCONTRACTOR: When needed for the discussion of a particular agenda item, CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting. C. CONSTRUCTION COORDINATION MANAGER D. OWNER'S representative, if required. E. Utility Representatives F. Others as appropriate. G. Representatives present for each party shall be authorized to act on their behalf. 1.3 AGENDA Agenda will include, but will not necessarily be limited to, the following: 1. Transcript of previous meeting. 2. Progress since last meeting. 3. Planned progress for next period. 4. Problems, conflicts and observations. 5. Change Orders. 6. Status of Shop Drawings. 7. Quality standards and control. 8. Schedules, including off-site fabrication and delivery schedules. Corrective measures, if required. 9. Coordination between parties. 10. Safety concerns. 11. Other business. + + END OF SECTION + + 01220-1 01220 Progress Meetings F-\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr West\Admim\bid documents\Master Contract Documents\01220-Progress Meetings.doc i SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL REQUIREMENTS i A. No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand. B. Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports. This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules. 1.2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised (updated) progress schedules on a monthly basis the CONTRACTOR shall: A. Indicate the progress of each activity to the date of submission. B. Show changes occurring since the previous submission listing: 1. Major changes in scope. 2. Activities modified since the previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement, submit the initial schedules to the ENGINEER. The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt. If required by the ENGINEER, resubmit revised schedules on or before the seventh day after receipt of the review copy. If required by the ENGINEER, submit revised monthly progress schedules with that month's application for payment. 01310-1 01310 Construction Schedule F\Pubtic WorksIENGINEERING DMSION PROJECTS\1123 43rd Ave"Sidewalk Improvements 26th St.to Airport Dr West\AdmWbid documents\Master Contract Documents\01310-Construction Schedule.doc i SECTION 01310 CONSTRUCTION SCHEDULES 1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and all reviewed revisions (updated) to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 4. OWNER (two copies). 5. ENGINEER I i B. In the cover letter, instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedules. + + END OF SECTION + + i 01310-2 , 01310 Construction Schedule F-\Public WorkskENGINEERING DIVISION PROJECTSkI123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestMmimUd documents\Master Contract Documents\01310-Construction Schedule.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS 1.1 SCOPE A. Submit shop drawings, product data and samples as required by or inferred by the Drawings and Specifications. Submittals shall ,conform to the requirements of Article 6.17 of the General Conditions, Section 00700, j 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 01340-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admlm\bid documents\Master Contract Documents\01340-Submittal of Shop Drawings.doc i SECTION 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. I 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 01340-2 I FVublic WorkslENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestVidmimlbid documents\Master Contract Documents\01340-Submittal of Shop Drawings.doc SECTION 0134.0 SUBMITTAL, OF SHOP DRAWINGS 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS, PRODUCT DATA AND SAMPLES j A. Submit to: I Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 i i 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 j indicating the following: 1. OWNER'S Name 2. Project Name 3. Project Number 4. Transmittal Number 5. Section Number D. All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER. The foll wing is a sample Submittal Form i that the CONTRACTOR may use: [The remainder of this page has been left blank intentionally] I 01340-Submittal of Shop Drawings 01340-3 F-kPublic Works\ENGINEERING DIVISION PROJECTSN 123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestkAdmimtbid documents\Master Contract Documents\01340-Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWING'S CONTRACTOR SUBMITTALS SUBMITTAL NO. Contractor: Date Sent to County No. Copies Sent to County [],Original Submittal ❑ Re-Submittal Project Name: 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST Project No.: 1123 ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description: Sub-Contractor: Remarks: Reviewing Agency:ncy: (As checked below) Date Received Date Returned No. Copies Ret'd ❑ I R C Engineering.Div. ❑ I R C Utilities Services Remarks: IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 1801 27th Street No. Copies Ret'd Vero Beach, FI. 32960 Remarks: Distribution of Copies: IRC Engineering Division Office File Field Office File 01340-Submittal of Shop Drawings 01340-4 F1Public WorksIENGINEERING DIVISION PROJECTSN 123 43rd Ave Sldewalk Improvements 26th St to Airport Dr West\Admimlbid documentslMaster Contract Documents101340-Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS E. All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR. F. Assign a number to each submittal starting with No. 1 and thence numbered consecutively. Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal, the suffix "B" for the second resubmittal, etc. G. Initially submit to ENGINEER a minimum of six (6) copies of all submittals that are on 11-inch by 17-inch or smaller sheets (no less than 8 1/2-inch x 11-inch), and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11-inch by 17-inch. H. 'After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations: 1. Approved 2. Approved as Noted 3. Approved as Noted - Resubmit 4. Revise and Resubmit 5. Not Approved I. If a submittal is acceptable, it will be marked "Approved" or "Approved as Noted". Three (3) prints or copies of the submittal will be returned to CONTRACTOR. J. Upon return of a submittal marked "Approved" or "Approved as Noted", 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 Noted" 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 Noted - Resubmit." L. If a submittal is unacceptable, three (3) copies will be returned to CONTRACTOR with one of the following notations: 1. 'Revise and Resubmit" 2. "Not Approved" 01340-Submittal of Shop Drawings 01340-5 FlPublic WorksIENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk improvements 26th St.to Airport Dr WestlAdmimlbid documents\Master Contract Documents\01340-Submittal of Shop Drawings.doc J SECTION 01340 SUBMITTAL OF SHOP DRAWINGS i 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. i N. Work requiring Shop Drawings shall not be performed without an ENGINEER "Approved" or"Approved as Noted" Shop Drawings. O. Submit Shop Drawings well in advance of the need for the material or equipment for construction and with bmple 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 requiring Shop Drawings which have ' not yet received approval by the ENGINEER shall not be installed on the project. 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 i 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 + + i i 01340-Submittal of Shop Drawings 01340-6 F-\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01340-Submittal of Shop Drawings.doc I I i 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\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01520-Construction Facilities.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet these requirements. Upon completion of work, remove the facilities from the premises. 1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contract, but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public,workmen, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract. in dry weather, spray dusty areas daily with water in order to control dust. Take necessary steps to prevent the tracking of mud onto adjacent streets and highways. 1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities, services, and controls and legally dispose of them as soon as the work is complete. The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER. + + END OF SECTION + + 01520-2 F:\Pubfic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr Wesl\AdmimWd documents\Master Contract Documents\01520-Construction Facilities.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials,which are subjectto 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 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. 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. 01541-1 F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01541 -Protection of Property.doc SECTION 01541 PROTECTION OF THE WORD AND PROPERTY B. Do not store or park materials or equipment within the drip line of trees that are to remain. 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 43rd Avenue and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality. The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way. 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 adjacent to the limits of the Work. 01541-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01541-Protection of Property.doc i 1 SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 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 orthe 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. 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, 01541-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01541 -Protection of Property.doc SECTION 015 .1 PROTECTION OF THE WORK AND PROPERTY 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. i 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 facilities 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 dam- aged 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. 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 informatioh 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. 01541-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01541-Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY i 1.7 ADJUSTMENTS OF UTILITY CASTINGS COVERS AND BOXES I 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. i i i i i i i + + END OF SECTION + + I 01541-5 F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01541-Protection of Property.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS i 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 + + j 01550 Access Roads 01550-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01550- Access Roads.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1.1 GENERAL A. Make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the Work. B. Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours. Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not be delivered to OWNER except where otherwise directed. C. If necessary to move stored materials and equipment during construction, CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation. 1.2 DELIVERY A. Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation. B. Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following: 1. Work of other contractors, or OWNER. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. OWNER'S use of premises. C. Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER. D. Do not have products delivered to site until required storage facilities have been provided. E. Haveroducts delivered to site in manufacturer's original, unopened, labeled p g � p , containers. Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work. I i i, 01610-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documentsWaster Contract Documents\01610-Transportation and Handling of Materials and Equipment.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT F. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts, and to facilitate assembly. G. Immediately on delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quantities are correct. 3. Containers and packages are intact, labels are legible. 4. Products are properly protected and undamaged. 1.3 PRODUCT HANDLING A. Provide equipment and personnel necessary to handle products, including those provided by OWNER, by methods to prevent soiling or damage to products or packaging. B. Provide additional protection during handling as necessary to prevent scraping, marring or otherwise damaging products or surrounding surfaces. C. Handle products by methods to prevent bending or overstressing. D. Lift heavy components only at designated lifting points. E. Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them. Do not drop, roll or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. + + END OF SECTION + + i o1610-2 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01610-Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1.1 GENERAL A. Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications. B. Make all arrangements and provisions necessary for the storage of materials and `. equipment. Place all excavated materials, construction equipment, and materials and equipment to be incorporated into the Work, so as not to injure any part of the Work or existing facilities, and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. C. -Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER. D. Store materials and equipment which are to become the property of the OWNER I to facilitate their inspection and insure preservation of the quality and fitness of the Work, including proper protection against damage by extreme temperatures and moisture. E. Do not use lawns, grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control ! of such premises. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. G. Do not open manufacturer's containers until time of installation unless recommended by the manufacturer or otherwise specified. H. When appropriate store materials on wood blocking so there is no contact with the ground. I + + END OF SECTION + + i i 01611-1 01611-Storage of Material FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestlAdmim\bid documents\Master Contract Documents\01611 -Storage of Materials.doc SECTION 01630 SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and Or-Equals," of the General Conditions, and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents. 1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select product meeting that standard by any manufacturer, fabricator, supplier or distributor-(hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. B. For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equivalent," submit a request for a substitution for any product or manufacturer which is not specifically named. D. For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted, there is no option and no sub- stitution 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 Condi- tions, 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:\PublieWorks\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\AdmimWd documents\Master Contract Documents\01630-Substitutions.doc r SECTION 01630 SUBSTITUTIONS c. Samples, if appropriate. d. Name and address of similar projects on which product was used, and date of installation. 2. For construction methods (if specified): a. Detailed description of,proposed method. b. Drawings illustrating method. 3. Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product, manufacturer or method specified. C. In making Request for Substitution, CONTRACTOR represents that: 1. CONTRACTOR has investigated proposed substitution, and determined 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 orextension bf 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. i 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. 01630-2 01630 Substitutions F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01630-Substitutions.doc i SECTION 01630 SUBSTITUTIONS 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. 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 allowthe 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. 01630-3 01630 Substitutions FA1Pubfic Works\ENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01630-Substitutions.doc SECTION 01630 SUBSTITUTIONS 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 + + 01630-4 01630 Substitutions FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documentsWtaster Contract Documents\01630-Substitutions.doc i 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: j 1. Tear down and remove all temporary buildings and structures; 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbish from any grounds occupied; and 4. Leave the roads, all parts of the premises, and adjacent property affected by construction operations, in a neat and satisfactory condition. E. Restore or replace any public or private property damaged by construction work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of the operations. To this end, the CONTRACTOR shall restore all highway, roadside, and landscaping work within any right-of-way, platted or prescriptive. Acceptable materials, equipment, and methods shall be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new-appearing condition. 01710 Site Cleanup 01710-1 F\Public Works\ENGINEERING DIVISION PROJECM1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\01710-Site Cleanup.doc l SECTION 01710 SITE CLEANUP AND RESTORATION 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, INDIAN RIVER FARMS WATER CONTROL DISTRICT(if applicable) 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 + + i. 01710 Site Cleanup 01710-2 P\Public Works\ENGINEERING DIVISION PROJECTSN 123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestWdmim\bid documentsWtaster Contract Documents\01710-Site Cieanup.doc f 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. i i � I it I i I i 001820-Post Final Inspection rev 05-13 001820-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\001820-Post Final Inspection rev 05-13.doc it DIVISION 2 TECHNICAL PROVISIONS SECTION NO. 00001 Technical Specifications SECTION NO. 00004 Scope of Work SECTION NO. 00101 Mobilization SECTION NO. 00102 Maintenance of Traffic SECTION NO. 00104 Prevention, Control, and Abatement of Erosion and Water Pollution SECTION NO. 00110 Clearing and Grubbing SECTION NO. 00120 Earthwork and Related Operations for LAP (Off-System) SECTION NO. 00286 Turnout Construction SECTION NO. 00334 Superpave Asphalt for LAP (Off-System) SECTION NO. 00344 Concrete for LAP (Off-System) SECTION NO. 00425 Inlets, Manholes and Junction Boxes SECTION NO. 00430 Pipe Culverts SECTION NO. 00515 Metal Pedestrian/Bicycle Railings, Guiderails, and Handrails SECTION NO, 00520 Concrete Gutter, Curb Elements and Traffic Separator SECTION NO. 00522 Concrete Sidewalk and Driveways SECTION NO. 00527 Detectable Warnings SECTION NO. 00570 Performance Turf I SECTION NO, 00580 Landscape Installation for LAP (Off-System) SECTION NO. 00700 Highway Signing SECTION NO. 00706 Retroflective Pavement Markers and Bituminous Adhesive SECTION NO. 00711 Thermoplastic Pavement Markings I F:\PublioWorks\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-06.doc SECTION 1 - Technical Specifications STANDARD SPECIFICATIONS A. All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, July 2016, and Supplemental Specification, Special Provisions and addenda thereto, except as modified and supplemented hereinafter. Reference to Article numbers herein-after apply to the FDOT Standard Specifications, and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative. Wherever the Specifications, Supplementals, etc. may refer to the "Owner", "Department", "State of*Florida Department of Transportation", or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida. Wherever the word "Owner's Engineer", "District Engineer", "Engineer", "Project Engineer", etc., appears, it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department, Engineering Division acting directly or through duly authorized representatives. Wherever the word "Resident Engineer" appears, it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work. The work to be performed for utility work (if any) shall conform to the applicable technical specifications of Indian River County Department of Utility Services, Water, Wastewater, Utility Standards dated December 1, 2015 or the current version. I The work to be performed per line items 700 through 711 shall conform to the Manual on Uniform Traffic Control Devices, the F.D.O.T Standard Specifications and the Indian River County Typical Drawings for Pavement Markings, Signing Geometrics Revised March, 2012. SECTION 4 - SCOPE OF WORK Section 4-3.9 Value Engineering Incentive is deleted in its entirety. SECTION 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction with the following modifications. PART 1 - GENERAL 1.01 The work specified in this section shall include: A. Record/As-Built Drawings shall be done and conform to Section 108 of the Technical Specifications and included in Mobilization. B. Field engineering and layout shall be in conformance to Section 01050, Field Engineering and Layout of Division 1, General Requirements. 01025-1 Technical Specifications F-Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i C. Public Construction Bond shall be done and conform to Section 00610— Public Construction Bond D. Trench Safety Compliance (Over 5')shall,be done and comply to Section 00454 —Sworn Statement under the Florida Trench Safety Act E. Trench Safety Compliance (Shoring)shall be done and comply to Section 00454 —Sworn Statement under the Florida Trench Safety Act PART 2 - 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. I 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 i i A. During the construction operation,the CONTRACTOR shall maintain records 1 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 i 01025-2 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc 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. 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(AutoCad Civil 3D 2013) and shall utilize the digital design drawings as prepared by the Project Engineer as a base for the Record/As-Built drawings. It is the responsibility of the Surveyor to request these files from the Contractor or Project Owner in order to produce the Record/As-Built drawing set. G. ALL improvements proposed to be constructed as shown on the approved construction plans shall be field measured upon completion and shown on the Record/As-Built survey. Any improvements that appear in both plan and profile views shall show the Record/As-Built information in both views. H. The following items are required to be shown on all Indian River County project Record/As-Built drawings submitted to the County: DRAINAGE: 1. Right-of-way Swale/Drainage — All culvert inverts, elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of Swale. 2. Pipe Culvert/PVC Sleeves —All inverts, pipe size, stations and offsets. 3. Outfalls —All pipe inverts, pipe size, elevations and station offsets, weir box elevations, weir elevation, bleeder elevation and sizes. 4. Roadway/Off Site Drainage — All inverts, elevations and station offsets; manhole top elevation; grate top elevations. 5. Retention Ponds — Provide perimeter elevations, grade breaks, depths and calculated pond areas at control elevation and grade breaks above and below water surface. Show as-built of typical cross section as shown on design plan. ROADWAY: 1. Stations and offsets related to controlling baseline and elevations of all structures, side street and major driveway radius returns (edge of pavement), bends and/or change in direction of roadway alignment, minimum of 1000' intervals along roadway alignment. 01025-3 Technical Specifications R\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specification s.doc I 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. WATER, FORCE, AND RECLAIMED WATER MAINS: ' I 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 I elevation shall be obtained at one-hundred (100) foot intervals. Contractor I 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. size and type used to construct sewer_mains_._______ _ 4. Show length (center of manhole to end of stub) distances from known reference points or baseline offsets, and elevation of stub-outs. 5. Show which services have twenty (20) foot length of DIP at water main crossings. 6. Show station and offset location of sanitary services' at property line. Particular care in dimensioning needed in special situations, i.e., cul-de-sacs and locations where services are not perpendicular to wye. 7. Show invert elevation of sanitary service at property line. 8. Any and all necessary dedicated easement locations, identified by O.R. Book and Page Number. 01025-4 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i ill i PUMP / LIFT STATION: i Record Drawings shall show elevations for the top and bottom and diameter of wet well along with invert of effluent line. Record Drawings should also indicate the make, model number, horsepower, impeller and condition point of pumps selected and installed, shape of wet well, location of control panel, location of pump out connection, float level settings, any deviation from the plans, and serial number(s) of the pump(s). i SURVEY CONTROL I 1. Install/re-establish: -It shall be the contractor's responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472, Florida Statutes, to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction. 2. New roadway alignment control points (survey baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State plane coordinates and elevations for all control points. 3. If shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s),vertical control (bench marks), property corners destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes,Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the j 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 i 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 Civil 3D 2013 AND PDF format or ._..incurrent version-as-agreed-b_y_the_ENGINEER.. ____ __ __. __ _ - _ C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record drawing(s). Said drawing(s) shall clearly state type of survey, positional tolerances, adhere and be certified to by a registered Professional Surveyor and ! Mapper in the state of Florida, any standards set forth by Florida Statutes, Administrative code and Minimum Technical Standards for As-Built/Record surveys. D. All Record/As-Built drawings are subject to review and approval by County Surveyor. I i 01025-5 Technical Specifications P\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\AdmimUd documents\Master Contract Documents\Technical Specifications.doc i i I i 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. i 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. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 101-1 - Mobilization — Per Lump Sum [The remainder of this page was left blank intentionally] i I I 01025-6 Technical Specifications P\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc I Board of Professional Surveyors and Mappers Record As-Built Survey Checklist Lic. Name Date: Project Name: 43 RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST Project No.: 1123 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 trap. ❑ (f) Measurement and computation records support accuracy statement (closure calculations or redundant measurements, if applicable.) (2) Other More Stringent Requirements: ❑ (a) Met more stringent requirements set by federal, state, or local governmental agencies. (3) Other Standards and/or Requirements that Apply to All Surveys, Maps, and/or Survey Products: ❑ (a) REGULATORY OBJECTIVE: In order to avoid misuse of a survey and map, the surveyor and mapper must adequately communicate the survey results to the public through a map, report, or report with an attached map. (b) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective, surveyors and mappers must meet the following minimum standards of accuracy, completeness, and quality: ❑ (c) Type survey stated on map and report: As-Built Survey Hydrographic Survey Boundary Survey Mean High Water Line Survey Condominium Survey Quantity Survey Construction Layout Survey Record Survey Control Survey Specific or Special Purpose 01025-7 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifiications.doc j Survey Topographic Survey ❑ (d) Name, certificate of authorization number, and street and mailing address of the business entity on the map and report. j ❑ (e) Name and license number of the surveyor and mapper in responsible charge. Q (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." ❑ 0) 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. i ❑ (k) Additions or deletions to survey maps or reports by other than the signing j 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. ❑ (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. 01025-8 Technical Specifications R\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr j West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc ❑ (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) 01025-9 Technical Specifications F;\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\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 with the following modifications. A. GENERAL PROVISIONS-DESCRIPTION: The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. It shall include the construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences, businesses, etc., along the project; the furnishing, installing and maintaining of traffic control and safety devices during construction, the control of dust through the use of calcium chloride if necessary, and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans. The term, Maintenance of Traffic, as used herein, shall include all of such facilities, devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section. B. BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall present his Maintenance of Traffic Plan at the pre-construction conference. The Maintenance of Traffic Plan shall indicate the type and location of all signs, lights, barricades, striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen. The plan will indicate conditions and setups for each phase of the Contractor's activities. When the project plans include or specify a specific Maintenance of Traffic Plan, alternate proposals will be considered when they are found to be equal to or better than the plan specified. In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. The cost of all work included in the Maintenance-of--T-raffic-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. 01025-10 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i C TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design Construction, Maintenance and Utility Operations On The State Highway System, Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers or other safety devices will be required where unusual, complex or particularly hazardous conditions exist. The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (�MUTCD). D. TRAFFIC CONTROL DEVICES WARNING DEVICES AND BARRIERS - INSTALLATION: The responsibility for installation and maintenance of adequate traffic control devices, warning devices and barriers, for the protection of the travel.in public and workmen, as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove,turn or cover any devices or barriers which do not apply to existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. - - I E. NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F. Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 43rd Avenue at all times. The Contractor shall maintain one lane of traffic at all times during Airport West Drive N. cross drain culvert constructions. G. In addition to above, the Contractor shall comply with INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION in Appendix F. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 102-1 - Maintenance of Traffic— Per Lump Sum 01025-11 Technical Specifications F:\PubIicWorks\ENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admimlbid I documents\Master Contract Documents\Technical Specifications.doc SECTION 104 - PREVENTION CONTROL AND ABATEMENT OF EROSION AND WATER POLLUTION The work specified in this item shall conform to Section 104 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction with the following modifications. PART 1 — GENERAL 1.1 SCOPE A. This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area. Pollution control measures shall prevent polluted or turbid waters from being discharged from the construction site or work area to undeveloped portions of the site or offsite, including but not limited to Multiple Separate Storm Sewer Systems (MS4s) and Waters of the State. B. The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense. The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area. Note that state regulations do not allow mixing stormwater and dewatering groundwater in the same release = separate and independent discharges are required. C. Pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project's construction. The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures, when in the sole opinion of the OWNER,they are warranted. If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution, beyond those specified in the Drawings, the Project's approved Stormwater Pollution Prevention Plan (SWPPP), or herein, implement additional best management practices .as necessary, in accordance with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control"of the Florida Erosion and Sediment Control Inspector's Manual and other references as may be applicable or required by regulatory permits. D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section. Alternatively,the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section. If the OWNER halts the CONTRACTOR's Work as a result of failure to comply with this Section, the Contract time clock will continue to run. E. In addition to these Specifications, comply with Chapter 4 - "Best Management Practices for Erosion and Sedimentation Control"and Chapter 5—"Best Management Practices for Dewatering" of the Florida Erosion and Sediment Control Inspector's Manual. In the event of a conflict between the referenced chapters and these Specifications, the more stringent requirement shall prevail. 01025-12 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i i F. Submit to SJRWMD a "Notice to District of Dewatering Activity" (SJRWMD Form No. 40C-2.900(12)) prior to commencement of dewatering in accordance with F.A.C.40C- 2.042(9). Provide a copy of the Notice to Indian River County. 1.2 PERMITS A. The OWNER has obtained certain permits for this project and they are listed in paragraph 6.08.13 of the EJCDC Standard General Conditions of the Construction Contract(General Conditions). Per paragraph 6.08.0 of the General Conditions, apply for and obtain all other required federal, state, and local permits, licenses, sampling, and tests. B. Provide copies of all approved permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER. If there is a conflict between any permit requirement and these Specifications or requirements between permits, the more stringent specification or requirement shall govern. C. Pay for all required water quality sampling and laboratory tests. i 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans, permits, and these Specifications; and the installed system has been examined by the OWNER for compliance. B. From time to time, the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER. If at any time, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of the project down that is not in compliance, and it shall remain shut-down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and- treatment system plans, specifications, contract documents, and permits. C. Schedule construction to minimize erosion and stormwater runofffrom 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. Include polyacrylamide application in the Project's SWPPP. 01025-13 Technical Specifications FA1Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\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 until the system is no longer needed. If a water quality violation occurs, immediately cease all work contributing to the water quality violation and correct the problem. Immediately report all water quality violations to the OWNER. Immediately report the discharge of any hazardous substance to the State Warning Point at 800-320-0519 or 850-413-9911. E. Discharge shall not violate State or local water quality standards in receiving waters, nor cause injury to the public health or to public or private property, nor to the Work completed or in progress. The receiving point for water from construction operations shall be approved by the applicable owner, regulatory agency, and the ENGINEER. The receiving point shall be shown on the Project SWPPP. F. Promptly repair all damage at no cost to the OWNER. 1.4 SUBMITTALS A. Shop Drawings: Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340. B. Approved Stormwater Pollution Prevention Plan. C. "Contractor's Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From Construction Activities" 1.5 STORMWATER TREATMENT AND EROSION CONTROL SYSTEM RESPONSIBILITY I A. Prepare a site-specific design of the erosion and stormwater pollution control system. Install and maintain all erosion and stormwater pollution control devices under the supervision of a State Certified Stormwater, Erosion, and Sedimentation Control Inspector. Maintain the erosion and stormwater pollution control devices until in the ENGINEER's sole opinion, the devices are no longer necessary (such time not to extend past the date the OWNER formally accepts the project as complete). Before beginning construction, submit to Indian River County, Florida Department of Environmental Protection (FDEP)and other applicable regulatory agencies for review and approval, a Stormwater Pollution Prevention Plan (SWPPP), prepared by the _certified-erosion control subcontractor.__Construction shall not begin until the SWPPP has been approved by Indian River County, FDEP, and all applicable regulatory agencies. Submit the approved SWPPP to the ENGINEER before beginning construction. Include in the SWPPP, the "Contractor's Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From Construction Activities" (located at the end of this Section). 1.6 "POLLUTION"AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. With respect to this Section and as may be further defined in paragraphs 1.6.13, 1.6.C, and 1.6.D, "pollution" is the presence in off-site waters of any substances, 01025-14 Technical Specifications RNPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc I contaminants, or manmade or human-induced impairment of off-site waters or alteration of the chemical, physical, biological, or radiological integrity of off-site water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property. Pollutants to be removed include but are not limited to, sediment and suspended solids, solid and sanitary wastes, phosphorus, nitrogen, pesticides,oil and grease,concrete truckwashout, stucco mixer , washout, curb machine washout, washout from other construction equipment, construction chemicals, and construction debris. j. d B. When the.Discharge.is Directly Into an Existing Water Body An existing water body (including ditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time,the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is at least 29 nephelometric turbidity units(NTUs) higher than the turbidity of the background water upstream of the discharge point(s). !i [See Fla.Administrative Code 62-302.5301 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 i turbidity of the immediate receiving water. The ENGINEER or OWNER shall determine the locations where the turbidity is measured. C. When the Discharge is not Directly Into an Existing Water Body In some instances, dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such as by overland flow. If the discharge water's TSS and turbidity measurements exceed pre-construction background values by 20 percent j for TSS and 29 NTUs for turbidity, then the discharge is defined to be polluted. D. When Pollution Always Occurs The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6.5 or greater than 8.5, or whenever any of the following is present in the discharge water: (1) Hazardous waste or hazardous materials in any quantity, (2) Any petroleum product or by-product in any quantity, (3) Any chemical in any quantity, or (4) Concentrated pollutants. E. Above paragraphs 1.6.13, 1.6.C, and 1.6.D do not in any way, limit the types of conditions in which pollution may be determined to occur. 1.7 PENALTIE$_FOR NONCOMPLIANCE WITH THIS SECTION A. In addition to the OWNER's specific remedies, if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site,the OWNER may report the violations to Indian River County Stormwater Enforcement, SJRWMD, FDEP, Indian River Farms Water Control District (or other F. S. Chapter 298 Drainage District, as appropriate), and other pertinent regulatory or enforcement agencies. i i PART 2 - MATERIALS AND INSTALLATION I 01025-15 Technical Specifications I FAPublic WorksIENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i 2.1 GENERAL A. Polyacrylamide:As required in Paragraph 1.3.C, place polyacrylamide(PAM) on bare ground to reduce the potential for erosion and cover it with hay,jute, or mulch. PAM may also be used in water bodies to remove turbidity. In all cases, use the anionic form of polyacrylamide that does not stick to fish gills. For PAM information and its proper application, a contact is Applied Polymer Systems, Inc., (678) 494-5998, www.siltstop.com. B. Staked Silt Fences: 1. General: Use silt fences to control runoff from the construction site where the soil has been disturbed. 2. Installation: Install per the manufacture's recommendations and as specified herein. In general, install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric. All supporting posts shall be on the down-slope side of the fencing. Place the bottom of the fabric 6-inches minimum, under compacted soil to prevent the flow of sediment underneath the fence. Place silt fences away from the toe of slopes. Otherwise, install in accordance with FDOT Index No. 102. 3. Product: All material shall be new and unused. Use FDOT Types III through IV j silt fences where large sediment loads are anticipated, where slopes are 1:2 (vertical: horizontal)or steeper, or as directed by the ENGINEER; otherwise use FDOT Type II silt fence. C. Turbidity Barriers: 1. General: Use turbidity barriers to control sediment contamination of rivers, lakes, ponds, canals, etc. 2. Installation: Install per the manufacturer's recommendations and per FDOT Index No. 103 unless directed otherwise by the ENGINEER. 3. Product: All material shall be new and unused. The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow. Use staked turbidity barriers in water less than one-foot deep. Use floating turbidity barriers in water I one-foot or deeper. i I D. Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags: 1. Filter bags shall be manufactured using a polypropylene non-woven geotextile and sewn by a double-needle machine, using a high strength nylon thread. The bag shall have a fill spout large enough to accommodate a 4-inch pump discharge hose. Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many filter bags as required, at no additional cost to the OWNER. Legally dispose of the bags offsite, at no cost to the OWNER. If the bags are placed on aggregate to facilitate filtration efficiency, do not use limerock aggregate—use j non-calcareous rock. 3. Product: The filter bag shall be supplied with lifting straps. j I 01025-16 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc I I i i a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental, Inc. (1-800-448-3636). b. "DANDY DEWATERING BAG" supplied by Dandy Products, Irr- (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. "GUTTER BUDDY," 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 wails. The colored restraint i chord shall also serve as a visual means of indicating when the sack should be emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required,at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. a. "SILTSACK"(regularflow), supplied by ACF Environmental, Inc. (1-800- 448-3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579- 8819). C. Or equivalent. G. Construction Site_Egress.Driveways:- Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels. Construct a crushed rock driving surface at the vehicle exit point(s). Locate the site egress driveways a minimum of 25 feet from all drainage inlets or pipes. Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area. Provide wash-down stations as required to wash vehicle tires and retain all washwater on-site. Do not use limerock. H. Rock and Stone for Erosion Control and Pollution Control and Treatment: 1. Crushed Limerock: Limerock shall not be used under any circumstance. 01025-17 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i 2. Acceptable Material: FDOT#4 non-calcareous aggregate,washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction, Section 901. I. Hay Bales: Hay bales shall not be used. PART 3 - EXECUTION A. Design, construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities. B. Apply polyacrylamide in strict accordance with the polyacrylamide j manufacturer/supplier's recommendations and specifications. C. REPAIR ALL EROSION DAMAGE — At no additional cost to the OWNER and regardless of the state of completion of the Work, immediately clean all dirt and debris from all pipes and drainage structures; and repair all flooding, washouts, and all other erosion damage to the Work. This responsibility shall not end until Final Acceptance of the Work by the OWNER. Included is damage caused by erosion of any kind (e.g. wind, waves, stormwater runoff, hurricanes, etc.) including Acts of God. Restore all erosion damaged areas to design grades and elevations. Also, refer to General Conditions 6.13.B. Item of Payment j Payment for the work specified in this item shall be made under: Bid Item No. 104-1 — Erosion & Water Pollution Control — Per Lump Sum [The remainder of this page was left blank intentionally] 01025-18 Technical Specifications F:\Pubric Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admlm\bid documents\Master Contract Documents\Technical Specifications.doc i CONTRACTOR'S AFFIDAVIT REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM CONSTRUCTION ACTIVITIES This sworn statement is submitted to Indian River County for the following project (list project name and site address): 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST, VERO BEACH, FLORIDA 32960 STATE OF COUNTY OF Personally before me the undersigned authority, appeared who upon oath duly administered, stated as follows: 1. This sworn statement is submitted by the CONTRACTOR, whose business address is and (if applicable) its Federal Identification No.(FEIN) is 2. My name is and my relationship to the entity named above is 3. CONTRACTOR understands and agrees that in addition to complying with the terms and conditions of the Stormwater Management System Permit issued by Indian River County, Permittee is responsible for complying with the terms and conditions of the following as applicable to the site: (a) -State of-Florida Generic Permit-forStormwater--Discharge from targe-an-d Small -= Construction Activities (for projects one acre or larger), (b) Stormwater Pollution Prevention Plan (regardless of project size), (c) St. Johns River Water Management District permit(s) (regardless of project size), (d) . Florida Department of Environmental Protection permit(s) (regardless of project size), (e) All other permits required for this project not specifically listed herein, and (f) All Codes and Ordinances of Indian River County. 01025-19 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documentsWaster Contract Documents\Technical Specifications.doc i 4. CONTRACTOR understands and agrees that "pollution" as defined by Florida Statutes Chapter 403.031(7) includes: ". . . the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human-induced impairment of air or waters or alteration of the chemical, physical, biological, or i radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law." 5. CONTRACTOR understands and agrees that in addition to the definition set forth in Item 4 above, "pollution" is also defined by Florida Administrative Code 62-302.530 and as may be further defined in the Indian River County permit(s). 6. CONTRACTOR understands that Indian River County requires the design, installation, and maintenance of proper erosion control measures at all times UNTIL Final Acceptance of the Project by the OWNER. 7. CONTRACTOR understands that there are civil and criminal penalties for pollution listed in Florida Statutes Ch. 403.141 and Ch. 403.161 and that there are other penalties listed in Indian River County's permits, including but not limited to, Indian River County issuing a Cease and Desist Order for the project. CONTRACTOR understands that it may be liable for these and other penalties if offsite pollution occurs as a result of activities associated with the Project. j 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one 1,21,%, days of any transfer of ownership or control of the real property at which the permitted activity, facility, or system is located or authorized, the Permittee shall notify in writing, both the Indian River County Engineering Division and the Indian River County Stormwater Division of the transfer. Permittee shall provide the name, mailing address, and telephone number of the transferee and a copy of the instrument effectuating the transfer. Said notification is in addition to notifying the County Attorney's Office as required by County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Permittee must provide (1) the information required in Item 8(a); (2) a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit; and (3) a new "Permittee's Affidavit"form properly executed by the transferee. Upon proper receipt of these items the County shall transfer the permit to the transferee. (c) Permittee is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility, system, or activity is located or authorized. However, the transfer shall not be effective prior to the sale or legal transfer. (d) An "Illicit Discharge Sign" must be present at the site at the time of transfer. Replacement or additional signs may be obtained from the Indian River County Public Works Department at a cost of$30.00 per sign. 01025-20 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestlAdmim\bid documents\Master Contract Documents\Technical Specifications.doc i f I 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 i; CONTRACTOR: i' Authorized Signature: i Printed Name: i Date: Work Telephone: Mobile Telephone: I 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 i My Commission expires: i + + END OF SECTION + + j i i i i i i 01025-21 Technical Specifications P\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk improvements 26th St.to Airport Dr WestWdmim\bid documents\Master Contract Documents\Technical Specifications.doc i SECTION 110 - CLEARING AND GRUBBING i i The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction with the following modifications. ii 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. I 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 01025-22 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc I I castings for catch basins, manholes, or other structures shall be carefully removed and stored in the County's Storage Yard if they are deemed salvageable by the Engineer. The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner. Any culverts, structures or any material excavated or removed from the project site under clearing and grubbing deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the Contractor. Where required, suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground. The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications. H. No additional payment will be made, nor will additional work, or change orders be authorized for work needed to remove, relocate, protect, or otherwise account for in the construction of the work depicted in the plans, for any feature, or item that would be apparent from a careful inspection of the site and review of the plans, even though such feature or item is not specifically called out in the plans. It is therefore essential the contractor make such inspection and review. I. The unit price bid for this item shall include the cost of all labor, tools, and equipment necessary to excavate, remove, and dispose of those items as directed by the Engineer and where designated on the Drawings. The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item. I Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 110-1-1 - Clearing and Grubbing — Per Lump Sum i EARTHWORK AND RELATED OPERATIONS FOR LAP (OFF-SYSTEM). (REV 1-23-12)(FA 2-27-12) SECTION 120 EARTHWORK AND RELATED OPERATIONS FOR LAP(OFF-SYSTEM) 120-1 Description. 120-1.1 General: Perform earthwork and related operations based on the type of work specified in the Contract and the Earthwork Categories as defined below. Meet the applicable requirements for materials, equipment and construction as specified. Earthwork and related operations consists of excavation for the construction of the roadway, excavation for structures and pipe, constructing backfill around structures and pipe, and constructing embankments as required for the roadway, ditches, and channel changes. 120-1.2 Earthwork Categories: Performance of.Earthwork Operations will fall into one of the following Earthwork Categories: 120-1.2.1 Earthwork Category 1: Includes the earthwork and related operations associated with the construction of sidewalks and bike paths along with any drainage structures associated with these facilities. 01025-23 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i 120-1.2.2 Earthwork Category 2: Includes the earthwork and related operations associated with the construction of turn lanes and other non-mainline traffic lanes, widening, roadway shoulders, concrete box culverts,- retaining walls, and other drainage structures on the non-mainline pavement. 120-1.2.3 Earthwork Category 3: Includes the earthwork and related operations associated with the construction of new mainline pavement, along with concrete box culverts, retaining walls, and other drainage structures on the mainline pavement. 120-2 Classes of Excavation. 120-2.1 Excavation of Unsuitable Material: Excavation of unsuitable material consists of the removal of muck, clay, rock or any other material that is unsuitable in its original position and that is excavated below the finished grading template. For stabilized bases and sand bituminous road mixes, the finished grading template is the top of the finished base, shoulders and slopes. For all other bases and rigid pavement, the finished grading template is the finished shoulder and slope lines and bottom of completed base or rigid pavement. 120-2.2 Lateral Ditch Excavation: Lateral ditch excavation consists of all excavation of inlet and outlet ditches to structures and roadway, changes in channels of streams, and ditches parallel to the roadway right-of-way. Dress'lateral ditches to the grade and cross- section shown in the plans. 120-2.3 Channel Excavation: Channel excavation consists of the excavation and satisfactory disposal of all materials from the limits of the channel as shown in the plans. 120-2.4 Excavation for Structures and Pipe: Excavation for structures consists of the excavation for bridge foundations, box culverts, pipe culverts,storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 120-3 Excavation Requirements. 120-3.1 Excavation and Replacement of Unsuitable Materials: Where rock, muck, clay, or other material within the limits of the roadway is unsuitable in its original position, excavate such material to the cross-sections shown in the plans or indicated by the Engineer, and backfill with suitable material. Shape backfill materials to the required cross-sections. Where the removal of plastic soils below the finished earthwork grade is required, meet a construction tolerance of plus or minus 0.2 foot in depth and plus or minus 6 inches (each side) in width. 120-3.2 Lateral Ditch Excavation: Excavate inlet and outlet ditches to structures and roadway, changes in channels of streams and ditches parallel to the roadway. Dress lateral ditches to the grade and cross-section shown in the plans. 120-3.3 Channel Excavation: Excavate and dispose of all materials from the limits of the channel as shown in the plans. Excavate for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 120-3.4 Excavation for Structures and Pipe. 120-3.4.1 Requirements for all Excavation: Excavate foundation pits to permit the placing of the full widths and lengths of footings shown in the plans, with full horizontal beds. Do not round or undercut corners or edges of footings. Perform all excavation to foundation materials, satisfactory to the Engineer, regardless of the elevation shown on the plans. Perform all excavation in stream beds to a depth at least 4 feet below the permanent 01025-24 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc bed of the stream, unless a firm footing can be established on solid rock before such depth Is reached, and excavate to such additional depth as may be necessaryto eliminate any danger of undermining. Wherever rock bottom is secured, excavate in such manner as to allow the solid rock to be exposed and prepared in horizontal beds for receiving the masonry. Remove all loose and disintegrated rock or thin strata. Have the Engineer inspect and approve all foundation excavations prior to placing masonry. 120-3.4.2 Earth Excavation: 120-3.4.2.1 Foundation Material other than the Rock: When masonry is to rest on an excavated surface other than rock, take special care to avoid disturbing the bottom of the excavation, and do not remove the final foundation material to grade until just before placing the masonry. In case the foundation material is soft or mucky, the Engineer may require excavation to a greater depth and to backfill to grade with approved material. i 120-3.4.2.2 Foundation Piles: Where foundation piles are used, complete the excavation of each pit before driving the piles.After the driving is completed, remove all loose and displaced material, leaving a smooth, solid, and level bed to receive the masonry. 120-3.4.2.3 Removal of Obstructions: Remove boulders, logs, or any unforeseen obstacles encountered in excavating. 120-3.4.3 Rock Excavation: Clean all rock and other hard foundation material, remove all loose material, and cut all rock to a firm surface. Either level, step vertically and horizontally, or serrate the rock, as may be directed by the Engineer.Clean out all seams, and fill them with concrete or mortar. 120-3.4.4 Pipe Trench Excavation: Excavate trenches for pipe culverts and storm sewers to the elevation of the bottom of the pipe and to a width sufficient to provide adequate working room. Remove soil not meeting the classification .specified as suitable I backfill material in 120-8.3.2.2 to a depth of 4 inches below the bottom of the pipe elevation. Remove rock, boulders or other hard lumpy or unyielding material to a depth of 12 inches below the bottom of the pipe elevation. Remove muck or other soft material to a depth necessary to establish a firm foundation.Where the soils permit, ensure that the trench sides are vertical up to at least the mid-point of the pipe. For pipe lines placed above the natural ground line, place and compact the embankment, prior to excavation of the trench, to an elevation at least 2 feet above the top of the pipe and to a width equal to four pipe diameters, and then excavate the trench to the required grade. 120-4 Disposal of Surplus and Unsuitable Material. 120-4.1 Ownership of Excavated Materials: Dispose of surplus and excavated materials as shown in the plans or, if the plans do not indicate the method of disposal, take ownership of the materials and dispose of them outside the right-of-way. 120-4.2 Disposal of Muck on Side Slopes: As an exception to the provisions of 120-4.1, when approved by the Engineer, muck(A-8 material) may be placed on the slopes, or stored alongside the roadway, provided there is a clear distance of at least 6 feet between the roadway grading limits and the muck, and the muck is dressed to present a neat appearance. In addition, this material may also be disposed of by placing it on the slopes where, in the opinion of the Engineer, this will result in an aesthetically pleasing appearance and will have no detrimental effect on the adjacent developments. Where the Engineer permits the disposal of muck or other unsuitable material inside the right-of-way limits, do not place such material in a manner which will impede the inflow or outfall of any channel or of side ditches. The Engineer will determine the limits adjacent to channels within which such materials may be disposed. 01025-25 Technical Specifications P\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim%id documents\Master Contract Documents\Technical Specifications.doc i 120-4.3 i Disposal of Paving s� h p g iVlater�al . Unless otherwise noted, take ownership of paving materials, such as paving brick, asphalt block, concrete slab, sidewalk, curb and gutter, etc., excavated in the removal of existing pavements, and dispose of them outside the right-of-way. If the materials are to remain the property of the Agency, place them in neat piles as directed. Existing limerock base that is removed may be incorporated in the stabilized portion of the subgrade. If the construction sequence will allow, incorporate all existing limerock base into the project as allowed by the Contract Documents. 120-4.4 Disposal Areas: Where the Contract Documents require disposal of excavated materials outside the right-of-way, and the disposal area is not indicated in the Contract Documents, furnish the disposal area without additional compensation. Provide areas for disposal of removed paving materials out of sight of the project and at least 300 feet from the nearest roadway right-of-way line of any road. If the materials are buried, disregard the 300 foot limitation. 120-5 Materials for Embankment. 120-5.1 General Requirements for Embankment Materials:Construct embankments using suitable materials excavated from the roadway or delivered to the jobsite from authorized borrow pits. Construct the embankment using maximum particle sizes as follows: • In top 12 inches: 3 1/2 inches (in any dimension). ® 12 to 24 inches: 6 inches (in any dimension). ® In the depth below 24 inches: not to exceed 12 inches (in any dimension) or the compacted thickness of the layer being placed, whichever is less. Spread all material so that the larger particles are separated from each other to minimize voids between them during compaction. Compact around these rocks in accordance with 120- 7.2. When and where approved by the Engineer, larger rocks(not to exceed 18 inches in any dimension) may be placed outside the one to two slope and at least 4 feet or more below the bottom of the base. Compact around these rocks to a firmness equal to that of the supporting soil. Where constructing embankments adjacent to bridge end bents or abutments, do not place rock larger than 3 1/2 inches in diameter within 3 feet of the location of any end-bent piling. 120-5.2 Use of Materials Excavated From the Roadway and Appurtenances: Assume responsibility for determining the suitability of excavated material for use on the project in accordance with the applicable Contract Documents. Consider the sequence of work and maintenance of traffic phasing in the determination of the availability of this material. 120-5.3 Authorization for Use of Borrow: Use borrow only when sufficient quantities of suitable material are not available from roadway and drainage excavation, to properly construct the embankment, subgrade, and shoulders, and to complete the backfilling of structures and pipe. Do not use borrow material until so ordered by the Engineer, and then only use material from approved borrow pits. 120-5.3.1 Haul Routes for Borrow Pits: Provide and maintain, at no expense to the Agency, all necessary roads for hauling the borrow material. Where borrow area haul roads or trails are used by others, do not cause such roads or trails to deteriorate in condition. Arrange for the use of all non-public haul routes crossing the property of any railroad. Incur any expense for the use of such haul routes. Establish haul routes which will direct 01025-26 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport or West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc construction vehicles away from developed areas when feasible, and keep noise from hauling operations to a minimum. Advise the Engineer in writing of all proposed haul routes. 120-5.3.2 Borrow Material for Shoulder Build-up: When so indicated in the plans, furnish borrow material with a specific minimum bearing value, for building up of j existing shoulders. Blend materials as necessary to achieve this specified minimum bearing value prior to placing the materials on the shoulders. Take samples of this borrow material at the pit or blended stockpile. 120-5.4 Materials Used at Pipes, Culverts, etc.: Construct embankments over and around pipes, culverts, and bridge foundations with selected materials. i 120-6 Embankment Construction. 120-6.1 General: Construct embankments in sections of not less than 300 feet in length or for the full length of the embankment. 120-6.2 Dry Fill Method: 120-6.2.1 General: Construct embankments to meet compaction requirements in 120-7 and in accordance with the acceptance program requirements in 120-9. Restrict the compacted thickness of the last embankment lift to 6 inches maximum. As far as practicable, distribute traffic over the work during the construction of embankments so as to cover the maximum area of the surface of each layer. Construct embankment in the dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 120-6.2.1.1 For A-3 and A-2-4 Materials with up to 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted e thickness of 12 inches. Ensure the percentage of fines passing the No. 200 US Standard sieve in the A-2-4 material does not exceed 15%. 120-6.2.1.2 For A-1 Plastic materials(As designated in FDOT Design Standard Index 505) and A-2-4 Materials with greater than 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted thickness of 6 inches. 120-6.2.1.3 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, sumps and siphons. When normal dewatering does not adequately remove the water, the Engineer may require the embankment material to be placed in the water or in low swampy ground in accordance with 120-7.2.4. , 120-6.2.2 Placing in Unstable Areas:Where depositing the material in water, or in low swampy ground that will not support the weight of hauling equipment, construct the embankment by dumping successive loads in a uniformly distributed layer of a thickness not greater than necessary to support the hauling equipment while placing subsequent layers. j Once sufficient material has been placed so that the hauling equipment can be supported, construct the remaining portion of the embankment in layers in accordance with the applicable provisions of 120-7.2.4 and 120-7.2.6. 120-6.2.3 Placing on Steep Slopes:When constructing an embankment on a hillside sloping more than 20 degrees from the horizontal, before starting the fill, deeply plow or cut into steps the surface of the original ground on which the embankment is to be placed. i I I i 01025-27 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc 120-6.2.4 Placing Outside Standard Minimum Slope: Where material that is unsuitable for normal embankment construction is to be used in the embankment outside the standard minimum slope (approximately one to two), place such material in layers of not more than 18 inches in thickness, measured loose. The Contractor may also place material which is suitable for normal embankment, outside such standard minimum slope, in 18 inch layers. Maintain a constant thickness for suitable material placed within and outside the standard minimum slope, unless placing in a separate operation. 120-6.3 Hydraulic Method: 120-6.3.1 Method of Placing: When the hydraulic method is used, as far as practicable, place all dredged material in its final position in the embankment by such method. Place and compact any dredged material that is re-handled, or moved and placed in its final position by any other method, as specified in 120-7.2.The Contractor may use baffles or any form of construction he may select, provided the slopes of the embankments are not steeper than indicated in the plans. Remove all timber used for temporary bulkheads or baffles from the embankment, and fill and thoroughly compact the holes thus formed.When placing fill on submerged land, construct dikes prior to beginning of dredging, and maintain the dikes throughout the dredging operation. 120-6.3.2 Excess Material: Do not use excess material placed outside the prescribed slopes, below the normal high-water level,to raise the fill. Remove only the portion of this material required for dressing the slopes. 120-6.3.3 Protection of Openings in Embankment: Leave openings in the embankments at the bridge sites. Remove any material which invades these openings or existing channels without additional compensation to provide the same depth of channel as existed before the construction of the embankment. Do not excavate or dredge any material j within 200 feet of the toe of the proposed embankment. 120-7 Compaction Requirements. 120-7.1 Moisture Content: Compact the materials at a moisture content such thatthe specified density can be attained. If necessary to attain the specified density, add waterto the material, or lower the moisture content by manipulating the material or allowing it to dry, as is appropriate. 120-7.2 Compaction of Embankments: 120-7.2.1 Earthwork Category 1 and 2 Density Requirements:The Engineer will accept a minimum density of 95% of the maximum density as determined by AASHTO T- 99 Method C for all earthwork items requiring densities. 120-7.2.2 Earthwork Category 3 Density Requirements: The Engineer will accept a minimum of 100%of the maximum density as determined byAASHTO T-99 Method ' C for all densities required under category 3. Except for embankments constructed by the i hydraulic method as specified in 120-6.3, and for the material placed outside the standard minimum slope as specified in 120-6.2.4, and for other areas specifically excluded herein, compact each layer of the material used in the formation of embankments to the required density stated above. Uniformly compact each layer using equipment that will achieve the required density, and as compaction operations progress, shape and manipulate each layer as necessary to ensure uniform density throughout the embankment. 120-7.2.3 Compaction Over Unstable Foundations:Where the embankment material is deposited in water or on low swampy ground, and in a layer thicker than 12 inches 01025-28 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc (as provided in 120-6.2.2), compact the top 6 inches (compacted thickness) of such layer to the density as specified in 120-9.5. 120-7.2.4 Compaction Where Plastic Material Has Been Removed: Where ' unsuitable material is removed and the remaining surface is of the A-4, A-5, A-6, or A-7 Soil I Groups, as determined by the Engineer, compact the surface of the excavated area by rolling with a sheepsfoot roller exerting a compression of at least 250 psi on the tamper feet, for the full width of the roadbed (subgrade and shoulders). Perform rolling before beginning any backfill, and continue until the roller feet do not penetrate the surface more than 1 inch. Do not perform such rolling where the remaining surface is below the normal water table and I covered with water. Vary the procedure and equipment required for this operation at the discretion of the Engineer. 120-7.2.5 Compaction of Material To Be Used In Base, Pavement, or Stabilized Areas: Do not compact embankment material which will be incorporated into a pavement, base course, or stabilized subgrade, to be constructed as a part of the same Contract. 120-7.2.6 Compaction ofGrassed ShoulderAreas: Forthe upper6 inch layer j of all shoulders which are to be grassed, since no specific density is required, compact onlyto the extent directed. 120-7.2.7 Compaction of Grassed Embankment Areas: For the outer layer of all embankments where plant growth will be established,do not compact. Leave this layer in a loose condition to a minimum depth of 6 inches for the subsequent seeding or planting operations. 120-7.3 Compaction of Subgrade: If the plans do not provide for stabilizing, compact the subgrade in both cuts and fills to the density specified in 120-9.5. For undisturbed soils,do not apply density requirements where constructing narrowwidening strips or paved shoulders 5 feet or less in width. Where trenches for widening-strips are not of sufficient width to permit he use of standard andara compaction equipment, perform compaction using vibratory ropers,trench I rollers, or other type compaction equipment approved by the Engineer. Maintain the required density until the base or pavement is placed on the subgrade. 120-8 Backfilling Around Structures and Pipe. 120-8.1 Requirements for all Structures: 120-8-1.1 General: Backfill around structures and pipe in the dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 129-8.1.2 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps, wellpoints and header pipe and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches,-using sand blankets,perforated pipe- __ drains, sumps and siphons. 120-8.1.3 Backfill Materials: Backfill to the original ground surface or subgrade surface of openings made for structures, with a sufficient allowance for settlement. The Engineer may require that the material used for this backfill be obtained from a source entirely apart from the structure. Do not allow heavy construction equipment to crossover culvert or storm sewer pipes until placing and compacting backfill material to the finished earthwork grade or to an elevation at least 4 feet above the crown of the pipe. i, I 01025-29 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk improvements 26th St.to Airport Dr WestWdmim\bid documents\Master Contract Documents\Technical Specirications.doc �' 120-8.1.4 Use of A-7 Material: In the backfilling of trenches, A-7 material may be used from a point 12 inches above the top of the pipe up to the elevation shown on the FDOT Design Standards as the elevation for undercutting of A-7 material. 120-8.1.5 Time of Placing Backfill: Do not place backfill against any masonry or concrete abutment, wingwall, or culvert until the Engineer has given permission to do so, and in no case until the masonry or concrete has been in place seven days or until the j specified 28-day compressive strength occurs. 120-8.1.6 Placement and Compaction:When the backfill material is deposited in water, compact per 120-8.2.5 and 120-8.3.4. Place the material in horizontal layers not exceeding 6 inches compacted thickness, in depth above water level, behind abutments, wingwalls and end bents or end rest piers, and around box culverts and all structures including pipe culverts. The Engineer may approve placing material in thicker lifts of no more than 12 inches compacted thickness above the soil envelope if a test section demonstrates the required density can be achieved. Approval will be based on five passing density tests overthe test section consisting of a lift of backfill from structure to structure.The Engineerwill identify the test section with the compaction effort and soil classification in the Agency Logbook. In case of a change in compaction effort or soil classification, construct a new test section. The Engineer reserves the right to terminate the Contractor's use of thick lift construction and have him revert to the 6 inch compacted lifts whenever it is determined that satisfactory results are not being obtained. 120-8.2 Additional Requirements for Structures Other than Pipe: 120-8.2.1 Density: Where the backfill material is deposited in water, obtain a 12 inch layer of comparatively dry material, thoroughly compacted by tamping, before the Engineer verifies layer and density requirements. Meet the requirements of the density Acceptance Criteria. 120-8.2.2 Box Culverts: For box culverts over which pavement is to be constructed, compact around the structure to an elevation not less than 12 inches above the top of the structure, using rapid-striking mechanical tampers. 120-8.2.3 Other Limited Areas: Compact in other limited areas using mechanical tampers or approved hand tampers, until the,cover over the structure is at least 12 inches thick. When hand tampers are used, deposit the materials in layers not more than 4 inches thick using hand tampers suitable for this purpose with a face area of not more than 100 int. Take special precautions to prevent any wedging action against the masonry, and step or terrace the slope bounding the excavation for abutments and wingwalls if required by the Engineer. 120-8.2.4 Culverts and Piers: Backfill around culverts and piers on both sides simultaneously to approximately the same elevation. -- 120-8.2.5-Compaction-Under-Wet-Conditions: Where wet conditions do not permit the use of�mechanical tampers, compact using hand tampers. Use only A-3 material for the hand tamped portions of the backfill. When the backfill has reached an elevation and condition such as to make the use of the mechanical tampers practical, perform mechanical tamping in such manner and to such extent as to transfer the compaction force into the sections previously tamped by hand. 120-8.3 Additional Requirements for Pipe 15 Inches Inside Diameter or Greater: 120-8.3.1 General: Trenches for pipe may have up to four zones that must be backfilled. 01025-30 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc ® Lowest Zone: The lowest zone is backfilled for deep undercuts up to within 4 inches of the bottom of the pipe. Y Bedding Zone: The zone above the Lowest Zone is the Bedding Zone. Usually it will be the backfill which is the 4 inches of soil below the bottom of the pipe. When rock or other hard material has been removed to place the pipe, the Bedding Zone will be the 12 inches of soil below the bottom of the pipe. i Cover Zone: The next zone is backfill that is placed after the pipe has been laid and will be called the Cover Zone. This zone extends to 12 inches above the top of the pipe. The Cover Zone and the Bedding Zone are considered the Soil Envelope for the pipe. • Top Zone: The Top Zone extends from 12 inches above the top of the pipe to the base or final grade. 120-8.3.2 Material: 120-8.3.2.1 Lowest Zone: Backfill areas undercut below the Bedding ' Zone of a pipe with coarse sand, or other suitable granular material, obtained from the grading operations on the project, or a commercial material if no suitable material is available. 120-8.3.2.2 Soil Envelope: In both the Bedding Zone and the Cover Zone of the pipe, backfill with materials classified as A-1,A-2, or A-3. Material classified as A- 4 may be used if the pipe is concrete pipe. 120-8.3.2.3 Top Zone: Backfill the area of the trench above the soil envelope of the pipe with materials allowed on Design Standard, Index No. 505. 120-8.3.3 Compaction: 120-8.3.3.1 Lowest Zone: Compact the soil in the Lowest Zone to approximately match the density of the soil in which the trench was cut. 120-8.3.3.2 Bedding Zone: If the trench was not undercut below the bottom of the pipe, loosen the soil in the bottom of the trench immediately below the approximate middle third of the outside diameter of the pipe. if the trench was undercut, place the bedding material and leave it in a loose condition below the middle third of the outside diameter of the pipe. Compact the outer portions to meet the density requirements of the Acceptance Criteria. Place the material in lifts no greater than 6 inches (compacted thickness). 120-8.3.3.3 Cover Zone: Place the material in 6 inches layers (compacted thickness), evenly deposited on both sides of the pipe, and compact with mechanical tampers suitable for this purpose. Hand tamp material belowthe pipe haunch that cannot be reached by mechanical tampers. Meet the requirements of the density Acceptance r Criteria. 120-8.3.3.4 Top Zone: Place the material in layers not to exceed 12 Inches in compacted thickness. Meet the-requirements of the-density-Acceptance-Criteria.- 120-8.3.4 he density-Acceptance Criteria.-120-8.3.4 Backfill Under Wet Conditions:Where wet conditions are such that dewatering by normal pumping methods would not be effective,the procedure outlined below may be used when specifically authorized by the Engineer in writing. Granular material may be used below the elevation at which mechanical tampers would be effective, but only material classified as A-3. Place and compact the material using timbers or hand tampers until the backfill reaches an elevation such that its moisture content will permit the use of mechanical tampers.When the backfill has reached such elevation, use normally acceptable backfill material. Compact the material using mechanical tampers in such manner and to such extent as to transfer the compacting force into the material previously tamped by hand. 01025-31 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i 120-9 Acceptance Program. 120-9.1 Density over 105%: When a computed dry density results in a value greater than 105%of the applicable Proctor maximum dry density,the Engineer will perform a second j density test within 5 feet. If the second density results in a value greater than 105%, investigate the compaction methods, examine the applicable Maximum Density and material description. If necessary, the Engineer will test an additional sample for acceptance in accordance with AASHTO T 99, Method C. 120-9.2 Maximum Density Determination:The Engineer will determine the maximum density and optimum moisture content-by sampling and testing the material in accordance with the specified test method listed in 120-9.3. i 120-9.3 Density Testing Requirements: Compliance with the requirements of 120-9.5 will be determined in accordance FM 1-T 238. The in-place moisture content will be determined for each density in accordance with FM 5-507(Determination of Moisture Content by Means of a Calcium Carbide Gas Pressure Moisture Tester), or ASTM D 4643 (Laboratory Determination of Moisture Content of Granular Soils By Use of a Microwave Oven). 120-9.4 Soil Classification: The Engineer will perform soil classification tests in accordance with AASHTO T-88, and classify soils in accordance with AASHTO M-145 (Standard Specification for Classification of Soils and Soil-Aggregate Mixtures for Highway Construction Purposes) in order to determine compliance with embankment utilization J requirements. i 120-9.5 Acceptance Criteria- The Engineer will accept a minimum density in accordance with 120-7.2 with the following exceptions: 1) embankment constructed by the hydraulic method as specified in 120-6.3; 2) material placed outside the standard minimum slope as specified in 120- q 6.2.4; 3) other areas specifically excluded herein. 120-9.6 Frequency: The Engineer will conduct sampling and testing at a minimum frequency listed in the table below. Test Name Frequency Maximum Density One per soil type Density 1 per 500' RDWY Alt Lift Soil Classification One per Maximum Density 120-10 Maintenance and Protection of Work. j While construction is in progress, maintain adequate drainage for the roadbed at all times. Maintain a shoulder at least 3 feet wide adjacent to all pavement or base construction in order to provide support for the edges. Maintain and protect all earthwork construction throughout the life of the Contract, and take all reasonable precautions to prevent loss of material from the roadway due to the action of wind or water. Repair any slides, washouts, settlement, subsidence, or other mishap which may occur prior to final acceptance of the work. Maintain all channels excavated as a part of the Contract work against natural shoaling or other encroachments to the lines, grades, and cross-sections shown in the plans, until final acceptance of the project. 01025-32 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West Admim\bid documentsWtaster Contract Documents\Technical Specifications.doc 120-11 Construction. 120-11.1 Construction Tolerances: Shape the surface of the earthwork to conform to the lines, grades, and cross-sections shown in the plans. In final shaping of the surface of earthwork, maintain a tolerance of 0.3 foot above or below the plan cross-section with the following exceptions: 1. Shape the surface of shoulders to within 0.1 foot of the plan cross-section. 2. Shape the earthwork to match adjacent pavement, curb, sidewalk, structures, etc. 3. Shape the bottom of ditches so that the ditch impounds no water. i 4. When the work does not include construction of base or pavement, shape the entire roadbed (shoulder point to shoulder point)to within 0.1 foot above or below the plan cross-section. Ensure that the shoulder lines do not vary horizontally more than 0.3 foot from the true lines shown in the plans. 120-11.2 Operations Adjacent to Pavement: Carefully dress areas adjacent to j pavement areas to avoid damage to such pavement. Complete grassing of shoulder areas I prior to placing the final wearing course. Do not manipulate any embankment material on a pavement surface. When shoulder dressing is underway adjacent to a pavement lane being used to maintain traffic, exercise extreme care to avoid interference with the safe movement of traffic. i 120-12 Method of Measurement. 120-12.1 Excavation: Excavation will be paid for by volume, in cubic yards, calculated by the method of average end areas, unless the Engineer determines that another method of calculation will provide a more accurate result. The material will be measured in its original position by field survey or by photogrammetric means as designated by the Engineer. Measurement for payment will include the excavation of unsuitable material, lateral ditch ` excavation, channel excavation, and excavation for structures and pipe. Payment will not be made for excavation or embankment beyond the limits shown in the plans or authorized by the Engineer. 120-12.2 Embankment: Measurement will be made on a loose volume basis, as measured in trucks or other hauling equipment at the point of dumping on the road. Payment will not be made for embankment beyond the limits shown in the plans or authorized by the j Engineer. 120-13]Basis of Payment. 120-13.1 General: Prices and payments for the work items included in this Section will be full compensation for all work described herein, including excavating, dredging, hauling, placing, and compacting; dressing the surface of the earthwork; and maintaining and protecting the complete earthwork. 120-13.2 Excavation: The total quantity of all excavation specified under this Section will be paid for at the Contract unit price for Excavation. No payment will be made for the excavation of any materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials excavated outside the lines and grades given by the Engineer, unless specifically authorized by the Engineer. 120-13.3 Embankment:The total quantity of embankment specified in this Section will be paid for at the Contract unit price for embankment. No payment will be made for materials which are used for purposes other than those shown in the plans or designated by the 01025-33 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i Engineer. No payment will be made for materials placed outside the lines and grades given by the Engineer. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 120-1 — Regular Excavation — Per Cubic Yard Bid Item No. 120-6 — Embankment (Compacted in Place) — Per Cubic Yard SECTION 286 —TURNOUT CONSTRUCTION The work specified in this item shall conform to Section 286 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. i Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 286-2 —Turnout Construction -Asphalt— Per Ton SUPERPAVE ASPHALT FOR LAP (FF-SYSTEM). (REV 1-26-15) (FA 1-29-15) I SECTION 334 SIIPERPAVE ASPHALT FOR LAP(OFF-SYSTEM) 334-1 Description. 334-1.1 General: Construct a Superpave asphalt pavement(consisting of either Hot Mix Asphalt (HMA) or Warm Mix Asphalt (WMA)) based on the type of work specified in the Contract and the Asphalt Work Categories as defined below. Meet the applicable requirements for plants, equipment, and construction requirements as defined below. Use an asphalt mix, either HMA or WMA, which meets the requirements of this specification. 334-1.2 Asphalt Work Mix Categories: Construction of asphalt pavement will fall into one of the following work categories: 334-1.2.1 Asphalt Work Category 1: Includes the construction of shared use paths and miscellaneous asphalt. - - 334=1.2:2 Asphalt Work Category-2: Includes the construction of new asphalt turn lanes, paved shoulders and other non-mainline pavement locations. 334-1.2.3 Asphalt Work Category 3: Includes the construction of new mainline asphalt pavement lanes, milling and resurfacing. 334-1.3 Mix Types: Use the appropriate asphalt mix as shown in Table 334-1. 01025-34 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\AdmimUd documents\Master Contract Documents\Technical Specifications.doc i ' Table 334-1 Asphalt Mix Types Asphalt Work Category Mix Types Traffic Level ESALs millions 1 Type SP-9.5 A <0.3 Structural Mixes: Types SP-9.5 or SP-12.5 2 Friction Mixes: Types FC-9.5 or FC- B 0.3 to <3 12.5 Structural Mixes: Types SP-9.5 or 3 SP-12.5 C >3 j Friction Mixes: Types FC-9.5 or FC- 12.5 !i A Type SP or FC mix one traffic level higher than the traffic level specified in the Contract may be substituted, at no additional cost(i.e. Traffic Level B may be substituted for Traffic Level A, etc.). Traffic levels are as defined in Section 334 of the Florida Department of Transportation's (FDOT's) Specifications. 334-1.4 Gradation Classification:The Superpave mixes are classified as fine and are defined in 334-3.2.2. The equivalent AASHTO nominal maximum aggregate size Superpave mixes are as follows: Type SP-9.5, FC-9.5 9.5 mm Type SP-12.5, FC-12.5 12.5 mm 334-1.5 Thickness: The total pavement thickness of the asphalt pavement will be based on a specified spread rate or plan thickness as shown in the Contract Documents. Before paving, propose a spread rate or thickness for each individual layer meeting the requirements of this specification,which when combined with other layers(as applicable)will equal the plan spread rate or thickness. When the total pavement thickness is specified as ff plan thickness, the plan thickness and individual layer thickness will be converted to spread 1 1' rate using the following equation: i Spread rate (lbs/yd2) = t x Gmm x 43.3 II where: t = Thickness (in.) (Plan thickness or individual layer thickness) j Gmm = Maximum specific gravity from the mix design For target purposes only, spread rate calculations shall be rounded to the nearest whole number. 334-1.5.1 Layer Thicknesses: Unless otherwise called for in the Contract Documents, the allowable layer thicknesses for asphalt mixtures are as follows: j Type SP-9.5, FC-9.5 3/4 to 1-1/2 inches Type SP-12.5, FC-12.5 1-1/2 to 2-1/2 inches 334-1.5.2 Additional Requirements: The following requirements also apply to asphalt mixtures: H I 01025-35 Technical Specifications F:1Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i I 1. When construction includes the paving of adjacent shoulders (less than or equal to 5 feet wide), the layer thickness for the upper pavement layer and shoulder shall be the same and paved in a single pass, unless otherwise called for in the Contract Documents. 2. For overbuild layers, use the minimum and maximum layer thicknesses as specified above unless called for differently in the Contract Documents. On variable thickness overbuild layers,the minimum allowable thickness may be reduced by 1/2 inch,and the maximum allowable thickness will be as specified below, unless called for differently in the Contract Documents. Type SP-9.5...........................................3/8 to 2 inches Type SP-12.5.........................................1/2 to 3 inches 3.Variable thickness overbuild layers may be tapered to zero thickness provided the contract documents require a minimum of 1-1/2 inches of mix placed over the variable thickness overbuild layer. 334-1.6 Weight of Mixture: The weight of the mixture shall be determined as provided in 320-3.2 of the FDOT Specifications. 334-2 Materials. 334-2.1 Superpave Asphalt Binder: Unless specified elsewhere in the Contract or in 334-2.3.3, use a PG 67-22 asphalt binder from the FDOT's Approved Products List(APL). If the Contract calls for an alternative asphalt binder, meet the requirements of FDOT Specifications Section 336 or 916, as appropriate. 334-2.2 Aggregate: Use aggregate capable of producing a quality pavement. For Type FC mixes, use an aggregate blend that consists of crushed granite, crushed Ooiitic limestone, other crushed materials(as approved by FDOT forfriction courses per Rule 14-103.005, Florida Administrative Code), or a combination of the above. Crushed limestone from the Oolitic formation may be used if it contains a minimum of 12% silica material as determined by FDOT Test Method FM 5-510 and FDOT grantsapproval of the source prior to its use.As an exception, mixes that contain a minimum of 60%crushed granite may either contain: 1. Up to 40% fine aggregate from other sources; or, 2. A combination of up to 20% RAP and the remaining fine aggregate from other sources. A list of aggregates approved for use in friction courses may be available on the FDOT's State Materials Office website. The URL for obtaining this information, if available, is: ftp://ftp.dot.state.fl.us/fdot/smo/website/sources/frictioncourse.pdf. 334-2.3 Reclaimed Asphalt Pavement(RAP) Material: 334-2.3.1 General requirements: RAP may be used as a_component of the asphalt mixture, provided the RAP meets the following requirements: 1. When using a PG 76-22 (PMA), or PG 76-22 (ARB) asphalt binder, limit the amount of RAP material used in the mix to a maximum of 20% by weight of total aggregate. As an exception, amounts greater than 20% RAP by weight of total aggregate can be used if no more than 20% by weight of total asphalt binder comes from the RAP material. 2. Provide stockpiled RAP material that is reasonably consistent in characteristics and contains no aggregate particles which are soft or conglomerates of fines. 3. Provide RAP material having a minimum average asphalt binder content of 4.0% by weight of RAP. As an exception, when using fractionated RAP, the minimum average asphalt binder content for the coarse portion of the RAP shall be 2.5% by i i 01025-36 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport or West\Admim\bid ' documents\Master Contract Documents\Technical Specifications.doc i i I weight of the coarse portion of the RAP. The coarse portion of the RAP shall be the portion of the RAP retained on the No. 4 sieve.The Engineer may sample the stockpile to verify that this requirement is met. j 4. Use a grizzly or grid over the RAP cold bin, in-line roller crusher, screen, or other suitable means to prevent oversized RAP material from showing up in the completed recycle mixture. If oversized RAP material appears in the completed recycle mix, take the appropriate corrective action immediately. If the appropriate corrective actions are j not immediately taken, stop plant operations. 334-2.3.2 Material Characterization:Assume responsibility for establishing the ii asphalt binder content, gradation, and bulk specific gravity(GQ of the RAP material based on a representative sampling of the material. 334-2.3.3 Asphalt Binder for Mixes with RAP: Select the appropriate asphalt binder grade based on Table 334-2. The Engineer reserves the right to change the asphalt binder type and grade during production based on characteristics of the RAP asphalt binder. Table 334-2 Asphalt Binder Grade for Mixes Containing RAP Percent RAP Asphalt Binder Grade 0 - 15 PG 67-22 16- 30 PG 58-22 > 30 PG 52-28 334-3 Composition of Mixture. 334-3.1 General: Compose the asphalt mixture using a combination of aggregates, mineral filler, if required, and asphalt binder material. Size, grade and combine the aggregate fractions to meet the grading and physical properties of the mix design. Aggregates from various sources may be combined. ! 334-3.2 Mix Design: 334-3.2.1 General: Design the asphalt mixture in accordance with AASHTO R 35-12, except as noted herein. Submit the proposed mix design with supporting test data indicating compliance with all mix design criteria to the Engineer. Prior to the production of any asphalt mixture, obtain the Engineer's conditional approval of the mix design. If required by the Engineer, send representative samples of all component materials, including asphalt binder to a laboratory designated by the Engineer for verification. As an exception to these requirements, use a currently approved FDOT.Mix Design. Warm mix technologies(additives,foaming techniques, etc.) listed on the Department's website may be used in the production of the mix. The URL for obtaining this information,is:http://www.dot.state.fl.us/statematerialsoffice/quality/programs/warmmixasphaIt/ index.shtm. The Engineerwill consider any marked variations from original test data for a mix design or any evidence of inadequate field performance of a mix design as sufficient evidence that the properties of the mix design have changed, and at his discretion, the Engineer may no longer allow the use of the mix design. i 334-3.2.2 Mixture Gradation Requirements: Combine the aggregates in proportions that will produce an asphalt mixture meeting all of the requirements defined in this specification and conform to the gradation requirements at design as defined in AASHTO M 323-12, Table 3. Aggregates from various sources may be combined. i 01025-37 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid i documents\Master Contract Documents\Technical Specifications.doc i 334-3.2.2.1 Mixture Gradation Classification: Plot the combined mixture gradation on an FHWA 0.45 Power Gradation Chart. Include the Control Points from AASHTO M323-12, Table-3, as well as the Primary Control Sieve (PCS) Control Point from AASHTO M323-12,Table 4. Fine mixes are defined as having a gradation that passes above or through the primary control sieve control point. 334-3.2.3 Gyratory Compaction: Compact the design mixture in accordance with AASHTO T312-12,with the following exceptions: use the number of gyrations at Ndesign as designed in Table 334-3. Table 334-3 Gyratory Com action Requirements Traffic Level Ndes; n Number of Gyrations A 50 B 65 C 75 334-3.2.4 Design Criteria: Meet the requirements for nominal maximum aggregate size as defined in AASHTO M323-12, as well as for relative density, VMA, VFA, and dust-to-binder ratio as specified in AASHTO M323-12, Table 6. Ninitial and Nmaximum requirements are not applicable. 334-3.2.5 Moisture Susceptibility: Test 4 inch specimens in accordance with FDOT Test Method FM 1-T 283. Provide a mixture having a retained tensile strength ratio of at least 0.80 and a minimum tensile strength (unconditioned) of 100 pounds per square inch. If necessary, add a liquid anti-stripping agent from the FDOT's APL or hydrated lime in order to meet these criteria. In lieu of moisture susceptibility testing, add a liquid anti-stripping agent from the FDOT's APL. Add 0.5% liquid anti-stripping agent by weight of asphalt binder. 334-3.2.6 Additional Information: In addition to the requirements listed above, provide the following information on each mix design: 1. The design traffic level and the design number of gyrations (Ndesign). 2. The source and description of the materials to be used. 3. The FDOT source number and the FDOT product code of the aggregate components furnished from an FDOT approved source (if required). 4. The gradation and proportions of the raw materials as intended to be combined in the paving mixture. The gradation of the component materials shall be representative of the material at the time of use. Compensate for any change in aggregate gradation caused by handling and processing as necessary. 5.A single percentage of the combined mineral aggregate passing each specified sieve. Degradation of the aggregate due to processing(particularly material passing the No. 200 sieve) should be accounted for and identified. 6.The bulk specific gravity(Gsb)value for each individual aggregate and RAP component. 7.A single percentage of asphalt binder by weight of total mix intended to be incorporated in the completed mixture, shown to the nearest 0.1%. 8. A target temperature for the mixture at the plant(mixing temperature) and a target temperature for the mixture at the.roadway (compaction temperature). Do not 01025-38 Technical Specifications R\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i i exceed a target temperature of 330°F for PG 76-22 (PMA) and PG 76-22 (ARB) asphalt binders, and 315°F for unmodified asphalt binders. 9. Provide the physical properties achieved at four different asphalt binder contents. One shall be at the optimum asphalt content, and must conform to all specified physical requirements. 10. The name of the mix designer. 11. The ignition oven calibration factor. 12. The warm mix technology, if used. 334-4 Process Control. Assume full responsibility for controlling all operations and processes such that the requirements of these Specifications are met at all times. Perform any tests necessary at the plant and roadway to control the process. 334-5 General Construction Requirements. 334-5.1 Weather Limitations: Do not transport asphalt mix from the plant to the roadway unless all weather conditions are suitable for the paving operations. 334-5.2 Limitations of Paving Operations: 334-5.2.1 General: Spread the mixture only when the surface upon which it is to be placed has been previously prepared, is intact, firm, dry, clean, and the tack, with acceptable spread rate, is properly broken. Ensure all granular base materials are properly rimed and all asphalt base materials are properly tacked, prior to paving. I 334-5.2.2 Air Temperature: Place the mixture only when the air temperature in the shade and away from the artificial heat meets the requirements of Table 334-4. The minimum ambient temperature requirement may be reduced by 5°F when using a warm mix technology, if mutually agreed to by both the Engineer and the Contractor. Table 334- 4 Ambient Air Temperature Requirements for Paving Layer Thickness or Asphalt Binder Type Minimum Temperature °F <1 inch 50 Any mixture > 1 inch containing a PG asphalt binder with a 45 high temperature designation > 76°C Any mixture > 1 inch containing a PG asphalt binder with a 40 high temperature designation < 76°C 334-5.3 Mix Temperature: Heat and combine the ingredients of the mix in such a manner as to produce a mixture with a temperature at the plant and at the roadway, within a range of plus or minus 30°F from the target temperature as shown-on the mix.design. Reject all loads outside of this range. For warm mix asphalt, the Contractor may produce the first five loads of the production day and at other times when approved by the Engineer, at a hot mix asphalt temperature not to exceed .330°F for purposes of heating the asphalt paver. For these situations, the upper tolerance of+30°F does not apply. 334-5.4 Transportation of the Mixture: Transport the mix in trucks of tight construction, which prevents the loss of material and the excessive loss of heat and previously cleaned of all foreign material. After cleaning, thinly coat the inside surface of the truck bodies with soapy water or an asphalt release agent as needed to prevent the mixture from adhering to the beds. Do not allow excess liquid to pond in the truck body. Do not use a 01025-39 Technical Specifications R\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport or West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i release agent that will contaminate, degrade, or alter the characteristics of the asphalt mix or is hazardous or detrimental to the environment. Petroleum derivatives (such as diesel fuel), solvents, and any product that dissolves asphalt are prohibited. Provide each truck with a tarpaulin or other waterproof cover mounted in such a manner that it can cover the entire load when required. When in place, overlap the waterproof cover on all sides so it can be tied down. Cover each load during cool and cloudy weather and at any time it appears rain is likely during transit with a tarpaulin or waterproof cover. Cover and tie down all loads of friction j course mixtures. 334-5.5 Preparation of Surfaces Prior to Paving: 334-5.5.1 Cleaning: Clean the surface of all loose and deleterious material by the use of power brooms or blowers, supplemented by hand brooming where necessary. 334-5.5.2 Patching and Leveling Courses: As shown in the plans, bring the existing surface to proper grade and cross-section by the application of patching or leveling courses. 334-5.5.3 Application over Surface Treatment:Where an asphalt mix is to be placed over a surface-treatment, sweep and dispose of all loose material from the paving area. 334-5.5.4 Tack Coat: Use a rate of application as defined in Table 334-5. Control the rate of application to be within plus or minus 0.01 gallon per square yard of the target application rate. The target application rate may be adjusted by the Engineer to meet specific field'conditions. Determine the rate of application as needed to control the operation. When using PG 52-28, multiply the target rate of application by 0.6. Table 334-5 Tack Coat Application Rates Asphalt Mixture Type Underlying Pavement Surface Target Tack Rate al/ d2 Newly Constructed Asphalt Layers 0.03 minimum Base Course, Structural Course, Milled Surface or Oxidized and 0.06 Dense Graded Friction Course Cracked Pavement Concrete Pavement 0.08 334-5.6 Placing Mixture: 334-5.6.1 Alignment of Edges: With the exception of pavements placed adjacent to curb and gutter or othertrue edges, place all pavements by the stringline method to obtain an-accurate, uniform-alignment of the pavement-edge. -Control--the unsupported pavement edge to ensure that it will not deviate more than plus or minus 1.5 inches from the stringline. 334-5.6.2 Rain and Surface Conditions: Immediately cease transportation of asphalt mixtures from the plant when rain begins at the roadway. Do not place asphalt mixtures while rain is falling, or when there is water on the surface to be covered. Once the rain has stopped and water has been removed from the tacked surface to the satisfaction of the Engineer and the temperature of the mixture caught in transit still meets the requirements as specified in 334-5.3, the Contractor may then place the mixture caught in transit. 01025-40 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc I 334-5.6.3 Checking Depth of Layer: Check the depth of each layer at frequent intervals to ensure a uniform spread rate that will meet the requirements of the Contract. 334-5.6.4 Hand Work: In limited areas where the use of the spreader is impossible or impracticable, spread and finish the mixture by hand. 334-5.6.5 Spreading and Finishing: Upon arrival, dump the mixture in the approved paver, and immediately spread and strike-off the mixture to the full width required, and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard, or the specified thickness, is secured. Carry a uniform amount of mixture ahead of the screed at all times. 334-5.6.6 Thickness Control: Ensure the spread rate is within 10% of the target spread rate, as indicated in the Contract. When calculating the spread rate, use, at a minimum, an average of five truckloads of mix.When the average spread rate is beyond plus or minus 10% of the target spread rate, monitor the thickness of the pavement layer closely and adjust the construction operations. If the Contractor fails to maintain an average spread rate within plus or minus 10% of the target spread rate for two consecutive days, the Engineer may elect to stop the construction operation at any time until the issue is resolved. When the average spread rate for the total structural or friction course pavement thickness exceeds the target spread rate by plus or minus50 pounds per square yard for layers greater than or equal to 2.5 inches or exceeds the target spread rate by plus or minus 25 pounds per square yard for layers less than 2.5 inches, address the unacceptable pavement in accordance with 334-5.10.4, unless an alternative approach is agreed upon by the Engineer. 334-5.7 Leveling Courses: 334-5.7.1 Patching Depressions: Before spreading any leveling course,fill all depressions in the existing surface as shown in the plans. 334-5.7.2 Spreading Leveling Courses: Place all courses of leveling with an asphalt paver or by the use of two motor graders, one being equipped with a spreader box. Other types of leveling devices may be used upon approval by the Engineer. 334-5.7.3 Rate of Application: When using Type SP-9.5for leveling, do not allow the average spread of a layer to be less than 50 pounds per square yard or more than 75 pounds per square yard. The quantity of mix for leveling shown in the plans represents the average for the entire project; however, the Contractor may vary the rate of application throughout the project as directed by the Engineer. When leveling in connection with base widening, the Engineer may require placing all the leveling mix prior to the widening operation. 334-5.8 Compaction: For each paving or leveling train in operation,furnish a separate set of rollers, with their operators. When density testing for acceptance is required, select equipment, sequence, and coverage of rolling to meet the specified density requirement. Regardless of the rolling procedure used, complete the final rolling before the surface temperature of the pavement drops to the extent that effective compaction may not be achieved or the rollers begin to damage the pavement. j When density testing for acceptance is not required, use a rolling pattern approved by the Engineer.. Use hand tamps or other satisfactory means to compact areas which are inaccessible to a roller, such as areas adjacent to curbs, headers, gutters, bridges, manholes, etc. 01025-41 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Or West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i 334-5.9 Joints. 334-5.9.1 Transverse Joints: Construct smooth transverse joints, which are within 3/16 inch of a true longitudinal profile when measured with a 15 foot manual straightedge meeting the requirements of FDOT Test Method FM 5-509.These requirements are waived for transverse joints at the beginning and end of the project and at the beginning and end of bridge structures, if the deficiencies are caused by factors beyond the control of the Contractor such as no milling requirement, as determined by the Engineer. When smoothness requirements are waived, construct a reasonably smooth transitional joint. 334-5.9.2 Longitudinal Joints: For all layers of pavement except the leveling course, place each layer so that longitudinal construction joints are offset 6 to 12 inches laterally between successive layers. Do not construct longitudinal joints in the wheel paths. I The Engineer may waive these requirements where offsetting is not feasible due to the sequence of construction. j 334-5.10 Surface Requirements: Construct a smooth pavement with good surface texture and the proper cross slope. 334-5.10.1 Texture of the Finished Surface of Paving Layers: Produce a finished surface of uniform texture and compaction with no pulled, torn, raveled, crushed or loosened portions and free of segregation, bleeding, flushing, sand streaks, sand spots, or ripples. Correct any area of the surface that does not meet the foregoing requirements in accordance with 334-5.10.4. In areas not defined to be a density testing exception per 334-6.4.1, obtain for the Engineer, three 6 inch diameter roadway cores at locations visually identified by the Engineer to be segregated. The Engineer will determine the density of each core in accordance with FDOT Test Method FM 1-T 166 and calculate the percent Gmm of the segregated area using the average Gmb of the roadway cores and the representative PC Gmm for the questionable material. If the average percent Gmm is less than 90.0, address the segregated area in accordance with 334-5.10.4. 334-5.10.2 Cross Slope: Construct a pavement surface with cross slopes in compliance with the requirements of the Contract Documents. 334-5.10.3 Pavement Smoothness: Construct a smooth pavement meeting the requirements of this Specification. Furnish a 15 foot manual and a 15 foot rolling straightedge meeting the requirements of FDOT Test Method FM 5-509. 334-5.10.3.1 Straightedge Testing: 334-5.10.3.1.1 Acceptance Testing: Perform straightedge testing in the outside wheel path of each lane for the final (top) layer of the pavement. Test all pavement lanes where the width is constant using a rolling straightedge and document all deficiencies on a form approved by the Engineer. Notify the Engineer of the location and time of all straightedge testing a minimum of 48 hours before beginning testing. i I 334-5.10.3.1.2 Final(Top)Pavement Layer:At the completion of all paving operations, straightedge the final (top) layer either behind the final roller of the paving train or as a separate operation. Address all deficiencies in excess of 3/16 inch in accordance with 334-5.10.4, unless waived by the Engineer. Retest all corrected areas. 334-5.10.3.1.3 Straightedge Exceptions:Straightedge testing will not be required in the following areas: shoulders, intersections,tapers, crossovers, sidewalks, i shared use paths, parking lots and similar areas, or in the following areas when they are less than 250 feet in length:turn lanes, acceleration/deceleration lanes and side streets. The limits 01025-42 Technical Specifications RNPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid d ocu ments\M aster Contract Documents\Technical Specifications.doc I i of the intersection will be from stop bar to stop bar for both the mainline and side streets. In the event the Engineer identifies a surface irregularity in the above areas that is determined to be objectionable, straightedge and address all deficiencies in excess of 3/8 inch in accordance with 334-5.10.4. 334-5.10.4 Correcting Unacceptable Pavement: Correct deficiencies in the pavement layer by removing and replacing the full depth of the layer,extending a minimum of 50 feet on both sides (where possible) of the defective area for the full width of the paving lane, at no additional cost. 334-6 Acceptance of the Mixture. 334-6.1 General: The asphalt mixture will be accepted based on the Asphalt Work Category as defined below: 1. Asphalt Work Category 1 —Certification by the Contractor as defined in 334- 6.2. 2. Asphalt Work Category 2 — Certification and process control testing by the Contractor as defined in 334-6.3. 3. Asphalt Work Category 3 — Process control testing by the Contractor and acceptance testing by the Engineer as defined in 334-6.4. 334-6.2 Certification by the Contractor: On Asphalt Work Category 1 construction, the Engineer will accept the mix on the basis of visual inspection. Submit a Notarized i Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project meets the requirements of the Specifications.The Engineer may run independent tests to determine the acceptability of the material. 334-6.3 Certification and Process Control Testing by the Contractor: On Asphalt Work Category 2 construction, submit a Notarized Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project meets the requirements of the Specifications, along with supporting test data documenting all process control testing as described in 334-6.3.1. If required by the Contract, j utilize an Independent Laboratory as approved by the Engineer for the process control testing. j The mix will also require visual acceptance by the Engineer. In addition,the Engineer may run independent tests to determine the acceptability of the material. Material failing to meetthese j acceptance criteria will be addressed as directed by the Engineer such as but not limited to acceptance at reduced pay, delineation testing to determine the limits of the questionable material, removal and replacement at no cost to the agency, or performing an Engineering analysis to determine the final disposition of the material. 334-6.3.1 Process Control Sampling and Testing Requirements: Perform process control testing-at a frequency.of once per-day-Obtain the samples in accordance with FDOT Method FM 1-T 168. Test the mixture at the plant for gradation (P-8 and P_200) and asphalt binder content(Pb). Measure the roadway density with 6 inch diameter roadway cores at a minimum frequency of once per 1,500 feet of pavement with a minimum of three cores per day. Determine the asphalt binder content of the mixture in accordance with j FDOT Method FM 5-563. Determine the gradation of the recovered aggregate in accordance with FDOT Method FM 1-T 030. Determine the roadway density in accordance with FDOT Method FM 1-T 166. The minimum roadway density will be based on the percent of the maximum specific gravity(Gmm)from the approved mix design. if the Contractor or Engineer suspects that the mix design Gmm is no longer representative of the asphalt mixture being 01025-43 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i produced, then a new Gmm value will be determined from plant-produced mix, in accordance with FDOT Method FM 1-T 209, with the approval of the Engineer. Roadway density testing will not be required in certain situations as described in 334-6.4.1. Assure that the asphalt binder content, gradation and density test results meet the criteria in Table 334-4. Table 334-4 Process Control and Acce tance Values Characteristic Tolerance Asphalt Binder Content (percent) Target t 0.55 Passing No. 8 Sieve (percent) Target ± 6.00 Passing No. 200 Sieve (percent) Target t 2.00 Roadway Density (daily average) Minimum 90.0% of Gmm 334-6.4 Process Control Testing by the Contractor and Acceptance Testing by the Engineer: On Asphalt Work Category 3, perform process control testing as described in 334-6.3.1. In addition, the Engineer will accept the mixture at the plant with respect to gradation (P-s and P_20o)and asphalt binder content(Pb). The mixture will be accepted on the roadway with respect to density. The Engineer will sample and test the material as described in 334-6.3.1. The Engineer will randomly obtain at least one set of samples per day. Assure that the asphalt content, gradation and density test results meet the criteria in Table 334-4. Material failing to meet these acceptance criteria will be addressed as directed by the Engineer such as but not limited to acceptance at reduced pay, delineation testing to determine the limits of the questionable material, removal and replacement at no cost to the agency, or performing an Engineering analysis to determine the final disposition of the material. - 334-6.4.1 Acceptance Testing Exceptions:When the total quantity of any mix type in the project is less than 500 tons, the Engineer will accept the mix on the basis of visual inspection. The Engineer may run independent tests to determine the acceptability of the material. Density testing for acceptance will not be performed on widening strips or shoulders with a width of 5 feet or less,variable thickness overbuild courses, leveling courses, any asphalt layer placed on subgrade(regardless of type), miscellaneous asphalt pavement, shared use paths, crossovers, or any course with a specified thickness less than 1 inch or a specified spread rate less than 100 pounds per square yard. Density testing for acceptance Will not be performed on asphalt courses placed on bridge decks or approach slabs; compact these courses in static mode only. In addition, density testing for acceptance will not be performed on the following areas when they are less than 1,000 feet continuous in length: turning lanes, acceleration lanes, deceleration lanes, shoulders, parallel parking lanes, or ramps. Density testing for acceptance will not be performed in intersections.The limits of the intersection will be from stop bar to stop bar for both the mainline and side streets. Compact these courses in accordance with a standard rolling procedure approved by the Engineer. In the event that the rolling procedure deviates from the approved procedure, placement of the mix will be stopped. 334-7 Method of Measurement. For the work specified under this Section, the quantity to be paid for will be the weight of the mixture, in tons. 01025-44 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i The bid price for the asphalt mix will include the cost of the liquid asphalt and the tack coat application as specified in 334-5.5.4. There will be no separate payment or unit price adjustment for the asphalt binder material in the asphalt mix. 334-8 Basis of Payment. 334-8.1 General: Price and payment will be full compensation for all the work specified under this Section. I i CONCRETE FOR LAP (OFF-SYSTEM). (REV 12-20-11) (FA 2-27-12) SECTION 344 CONCRETE FOR LAP (OFF-SYSTEM) 344-1 Description. 344-1 General: Construct concrete based on the type of work as described in the Contract and the concrete work categories as defined below. 344-1.2 Work Categories: Construction will fall into one of the following concrete work categories: 344-1.2.1 Concrete Mork Category 1: Includes the construction of sidewalks, curb and gutter, ditch and slope pavement, or other non-reinforced cast-in- place elements. 344-1.2.2 Concrete Work Category 2: Includes the construction of precast concrete including concrete barriers, traffic railing barriers, parapets, sound barriers, inlets, manholes, junction boxes, pipe culverts, storm sewers, box culverts, prestressed concrete poles, concrete bases for light poles, highway sign foundations, retaining wall systems,traffic separators or other structural precast elements. 344-1.2.3 Concrete Work Category 3: Includes the work associated with the placement and/or construction of structural cast-in-place concrete meeting the requirements of this section. i 344-2 Materials. 344-2.1 General: Use concrete composed of a mixture of Portland cement, aggregates, and water,with or without chemical or mineral admixtures that meet the following requirements: 344-2.1.1 Portland Cement: Portland cements meeting the requirements of AASHTO M-85 or ASTM C-150 is required. Different brands of cement, cement of the same brand from different facilities or different types of cement shall be stored separately and shall not be mixed. 344-2.1.2 Coarse and Fine Aggregates: Aggregates shall meet ASTM C 33. Source approval by the FDOT is not required. 344-2.1.3 Water: Water shall meet the requirements of ASTM C 1602. 344-2.1.4 Chemical Admixtures: Chemical admixtures shall be listed on the FDOT Qualified Products List.Admixtures may be added at the dosage rates recommended by the manufacturer. 01025-45 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport or West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc 344-2.1.5 Pozzolans and Slag: Pozzolans and Slag shall meet the requirements of Table 344-1. Fly ash shall not include the residue resulting from the burning of municipal garbage or any other refuse with coal, or the burning of industrial or municipal garbage in incinerators. Table 344-1 Type or Class Test Method Exceptions Class C Fly Ash ASTM C 618 Not to be used with Types IP or IS cements. Class F Fly Ash ASTM C 618 Not to be used with Types IP or IS cements. Petroleum Coke ASTM C 618 Not to be used with Types IP or IS cements. Class F Bark Ash Class F ASTM C 618 Not to be used with Types IP or IS cements. Silica Fume ASTM C 1240 Metakaolin ASTM C 618 Slag ASTM C 989 Use only ground granulated blast-furnace slag grade 100 or 120. Ultra Fine..Fly Ash ASTM C 618 Not to be used with Types IP or IS cements. 344-3 Production,Mixing and Delivery of Concrete. 344-3.1 Concrete Production Requirements: 344-3.1.1 Category 1: Use a concrete production facility that is certified by the National Ready Mixed Concrete Association (NRMCA) or listed on the FDOT list of non- structural concrete producers. Concrete production facilities listed on the FDOT Producers with Accepted QC Programs list for structural concrete may also be used for Category 1. 344-3.1.2 Category 2: Use a prestressed and or precast facility listed on the FDOT Producers with Accepted QC Programs for precast or prestressed concrete. 344-3.1.3 Category 3: Use a structural concrete facility listed on the FDOT Producers with Accepted QC Programs for structural concrete. 344-3.2 Classes of Concrete: Meet the requirements of Table 344-2. Table 344-2 Minimum Target Target Minimum Total Maximum Water Class Strength (28 Slump Range Air Content Cementitious to Cementitious day) (psi) (inches) (inches) Range (/o) Materials Material Ratio Content Ib/ d3 Ib/Ib Cate o 1 Class NS 2,500 N/A NIA N/A N/A N/A Cateq qory 3 3,000 3 ± 1.5 1.0 to 6.0 470 0.53 Pavement 3,000 2 ± 1.5 1.0 to 6.0 470 0.50 II 3,400 3 ± 1.5 1.0 to 6.0 470 0.53 II (Bridge 4,500 3 ± 1.5 1.0 to 6.0 611 0.44 Deck III 5,000 3 ± 1.5 1.0 to 6.0 611 0.44 III Seal 3,000 8 ± 1.5 1.0 to 6.0 611 0.53 IV 5,500 3 ± 1.5 1.0 to 6.0 658 0.41 IV(Drilled 4,000 8.5 ± 1.5 0.0 to 6.0 658 0.41 Shaft V(Special) 6,000 3 ± 1.5 1.0.to 6.0 752 0.37 01025-46 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i i V 6,500 3TV, 1.0 loo 6.0 752 0.37 VI 8,500 3 1.0 6.0 752 0.37 344-3.3 Contractors Quality Control: For Categories 1 and 2, assume full responsibility for controlling all operations and processes such that the requirements of these Specifications are met at all times. For Category 3, furnish a Quality Control (QC) plan to identify to the Engineer how quality will be ensured at the project site. During random inspections, the Engineer will use this document to verify that the construction of the project is in agreement with the QC plan. 344-3.4 Concrete Mix Design: Before producing any Category 1 or Category 2, submit the proposed mix designs to the Engineer on a form provided by the Engineer. For Category 3, submit to the Engineer for approval, FDOT approved mix designs. Do not use concrete mix designs without prior approval of the Engineer. Materials may be adjusted provided that the theoretical yield requirement of the approved mix design is met. Show all required original approved design mix data and batch adjustments on an Engineer approved concrete delivery ticket. 344-3.5 Delivery: For Category 3, the maximum allowable transit time of concrete is 90 minutes. Furnish a delivery ticket on a form approved by the Engineer with each batch of concrete before unloading at the placement site. Record material quantities incorporated into the mix on the delivery ticket. Ensure that the Batcher responsible for producing the concrete signs the delivery ticket certifying that the batch was produced and delivered in accordance with these requirements. Sign the delivery ticket certifying that the concrete was placed in accordance with these requirements. 344-3.6 Placing Concrete: 344-3.6.1 Concreting in Cold Weather: Do not mix or place concrete when the air temperature at placement is below 45T. During the curing period, if NOAA predicts the ambient temperature to fall below 35°F for 12 hours or more or to fall below 30°F for more than 4 hours, enclose the structure in such a way that the air temperature within the enclosure can be kept above 50°F for a period of 3 days after placing the concrete or until the concrete reaches a minimum compressive strength of 1,500 psi. Assume all risks connected with the placing and curing of concrete. Although the Engineer may give permission to place concrete, the Contractor is responsible for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the Agency. 344-3.6.2 Concreting in Hot Weather: For Category 3, hot weather concreting is defined as the production, placing and curing of concrete when the concrete temperature at placing exceeds 86°F but is less than 100°F. Unless the specified hot weather concreting measures are in effect, reject concrete exceeding 86°F at the time of placement. Regardless of special measures taken, reject concrete exceeding 100°F. Predict the concrete temperatures at placement time and implement hot weather measures to avoid production shutdown. - 344-3.7 Mixers: For Category 3 concrete, do not place concrete from a truck mixer that does not have a current FDOT mixer identification card. 344-3.8 Small Quantities of Concrete:With approval of the Engineer, small quantities of concrete, less than 3 cubic yards placed in one day and less than 0.5 cubic yards placed in 01025-47 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i a single placement may be accepted using a pre-bagged mixture. The Engineer may verify that the pre-bagged mixture is prepared in accordance with the manufacturer's recommendations and will meet the requirements of this Specification. 344-3.9 Sampling and Testing: 344-3.9.1 Category 1: The Engineer may sample and test the concrete to verify its quality. The minimum 28 day compressive strength requirement for this concrete is 2,500 psi. i 344-3.9.2: Category 2: No sampling and testing is required for category 2. 344-3.9.3 Category 3: The Engineer will randomly select a sample from each 200 cubic yards or one day's production to determine plastic properties and to make three 4 x I 8 inch cylinders for testing by the Engineer at 28 days to ensure that the design compressive strength has been met for the class of concrete as specified in Table 344-2. 344-3.10 Records: Ensure the following records are available for review for at least 3 years after final acceptance of the project: 1. Approved concrete mix designs. 2. Materials source (delivery tickets, certifications, certified mill test reports). 3.A copy of the scale company or testing agency report showing the observed deviations from quantities checked during calibration of the scales and meters. 4. A copy of the documentation certifying the admixture weighing/measuring devices. i 344-4 Acceptance of the'Work. 344-4.1 Category 1 Work: Category 1 work will be accepted based on certification by the batcher and contractor on the delivery ticket. 344-4.2 Category 2 Work: Certify that the precast elements were produced by a production facility on the FDOT's list of Producers with Accepted QC Programs for precast or prestressed concrete. In addition, the producer's logo shall be stamped on the element. The producer shall not use the Florida Department of Transportation QC stamp on elements used on this project. Provide a statement of certification from the manufacturer of the precast element that the element meets the requirements of this Specification. 344-4.3 Category 3 Work: Category 3 concrete will be accepted based on the Engineer's test results for plastic properties and compressive strength requirements for the class of concrete as defined in'Table 344-2. In addition, a Delivery Ticket as described in 344- 3.5 will be required for acceptance of the material at the project site. 344-4.4 Small Quantities of Concrete: Category 3 concrete meeting the definition of 344-3.8 will be accepted in accordance with 344-4.3 based on test results for plastic properties and compressive strength. 344-5 Method of Measurement. The quantities to be paid for will be the items shown in the plans, completed and accepted. 344-6 Basis of Payment. Prices and payments will be full compensation for all work and materials specified in this Section. 01025-48 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestVldmim\bid documents\Nlaster Contract Documents\Technical Specifications.doc SECTION 425 — INLETS, MANHOLES AND JUNCTION BOXES The work specified in this item shall conform to Section 425 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 425-1-521 — Inlets, DT BOT, Type C, <10' — Per Each Bid Item No. 425-1-601 — Inlets, DT BOT, Type J, <10' — Per Each SECTION 430 — PIPE CULVERTS The work specified in this item shall conform to Section 430 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 430-94-1 — Desilting Pipe, 0-24"— Per Linear Foot Bid Item No. 430-94-3 — Desilting Pipe, 37-48" — Per Linear Foot Bid Item No. 430-174-115 — Pipe Culvert, Round, 15" SD (ACMP)— Per Linear Foot Bid Item No. 430-174-118— Pipe Culvert, Round, 18" SD (ACMPI — Per Linear Foot Bid Item No. 430-174-118A— Pipe Culvert, Round, 18" SD (RCP) — Per Linear Foot Bid Item No. 430-174-124— Pipe Culvert, Round, 24" SD (ACMP) — Per Linear Foot Bid Item No. 430-174-148 — Pipe Culvert, Round, 48" SD (ACMP) — Per Linear Foot j Bid Item No. 430-175-115— Pipe Culvert, RCP, Round, 15" S/CD — Per Linear Foot Bid Item No. 430-984-123—Mitered End Section, Optional Round, 15"SD—Per Each SECTION 515 — METAL PEDESTRIAN/BICYCLE RAILINGS, GUIDERAILS, AND HANDRAILS The work specified in this section shall conform to Section 515 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. I Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 515-2-311 — Pedestrian/Bicycle Railing, Aluminum Only, 42" Type I — Per Linear Foot 01025-49 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i I SECTION 520— CONCRETE GUTTER, CURB ELEMENTS AND TRAFFIC SEPARATOR I The work specified in this item shall conform to Section 520 of the Florida i Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 520-1-10— Concrete Curb and Gutter, Type F— Per Linear Foot i SECTION 522—CONCRETE SIDEWALK AND DRIVEWAYS The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Paymen Payment for the work specified in this item shall be made under: Bid Item No. 522-2 —Concrete Sidewalk and Driveways, 6"Thick— Per Square Yard ; SECTION 527 — DETECTABLE WARNINGS I The work specified in this item shall conform to Section 527 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. i Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 527-2 — Detectable Warnings — Per Each i SECTION 570 — PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Department of I Transportation Standard Specifications for Road and Bridge Construction with the following modifications. i 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 j i E i 01025-50 Technical Specifications i F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specification s.doc grass. Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed". C. Guarantee: All sodded areas shall be guaranteed for one year after date of final acceptance. Replacement of Defective Sod: Any dead sod or sod showing (less than 95% of a square) indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed 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. D. Fertilizer: Commercial fertilizers shall comply with the Indian River County Fertilizer Ordinance 2013-012 and Supplement Ordinance 2013-014 (see Appendix B). E. Water for Grassing: Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570-3.6. F. Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6.0 - 7.0. Contractor shall apply two (2)applications. The initial shall be fertilizer and the second application shall be "weed and feed". The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre, or 10 pounds per 1,000 square feet, by a spreading device capable of uniformly distributing the material at the specified rate. Contractor shall apply applications as per manufacturer's specification. All tickets from bags shall be handed over to the County Inspector. On steep slopes, where the use of, a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches. H. Placing Sod: The sod shall be placed on the prepared surface, with edges in close 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. 01025-51 Technical Specifications F\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid do cumentsWlaster Contract Documents\Technical Specifications.doc 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 acc6ptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due,to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6"without mowing. Clippings shall be removed from sidewalk. K. Article 570-9. The first two paragraphs under this Article are deleted and the following is added: The contract unit price for performance turf shall include the costs of sod, fertilizer(2 i applications), sidewalk sweeping after mowing, mowing, pegging disposal of clippings, i water, tools, equipment, labor and all other incidentals necessary. Item of Payment Payment shall be made under: Bid Item No. 570-1-2— Performance Turf, Sod (Match Existing) - Per Square Yard LANDSCAPE INSTALLATION FOR LAP (OFF-SYSTEM). (REV 4-5-11) (FA 4-15-11) SECTION 580 LANDSCAPE INSTALLATION FOR LAP(OFF-SYSTEM) 580-1 Description. Plant trees and shrubs of the species, size, and quality indicated in the plans. The Engineer reserves the right to adjust the number and location of any of the designated types and species to be used at any of the locations shown, in order to provide for 01025-52 Technical Specifications P\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc any unanticipated effects which might become apparent after the substantial completion of other phases of the project, or for other causes. 580-2 Materials. 580-2.1 Plants: 580-2.1.1 Authority for Nomenclature; Species, etc.: For the designated authority in the identification of all plant material, refer to two publications of L.H. Bailey: "Hortus III"and "Manual of Cultivated Plants,"and ensure that all specimens are true to type, name, etc., as described therein. For the standard nomenclature, refer to the publication of the American Joint Committee on Horticultural Nomenclature, "Standardized Plant Names." 580-2.1.2 Grade Standards and Conformity with Type and Species: Only use nursery grown plant material except where specified as Collected Material. Use nursery grown plant material that complies with all required inspection, grading standards, and plant regulations in accordance with the latest edition of the Florida Department of Agriculture's "Grades and Standards for Nursery Plants". Except where a lesser grade might be specifically specified in the plans, ensure that the minimum grade for all trees and shrubs is.Florida No. 1. Ensure that all plants are the proper size and grade at the time of delivery to the site, throughout the project construction period and during any designated plant establishment period. Ensure that plant materials are true to type and species and that any plant materials not specifically covered in Florida Department of Agriculture's "Grades and Standards for Nursery Plants" conform in type and species with the standards and designations in general acceptance by Florida nurseries. Ensure that plant materials are shipped with tags stating the botanical and common name of the plant. 580-2-1.3 Inspection and Transporting: Move nursery stock in accordance with all Federal and State regulations therefor, and accompany each shipment with the required inspection certificates for filing with the Engineer. 580-2.2 Water: Water used in landscaping operations .may be obtained from any approved source. Ensure that water is free of any substance which might be detrimental to plant growth. The use of effluent water is subject to approval and must meet all Federal, State and Local requirements. 580-3 Specific Requirements for the Various PIant Designations. 580-3.1 Balled-and-Buriapped Plants (B&B), and Wired Balled-and-Burlapped (WB & B): 580-3.1.1 General: Properly protect the root ball of these plants until planting them. The Engineer may reject any plant which shows evidence of having been mishandled. Set the B&B and WB&B plants then remove the top 2/3 of all wire, rope, and binding surrounding the plant. Remove the burlap from the top 4 inches of the root ball. Do not disturb the root ball in any way. Bare root material is not allowed for substitution. At least 90 days before digging out B&B and WB&B plants, root-prune those 1 1/2 inches or greater in diameter and certify such fact on accompanying invoices. 580-3.1.2 Provisions for Wiring: For plants grown in soil of a loose texture, which does not readily adhere to the root system (and especially in the case of large plants or trees), the Engineer may require WB & B plants. For WB & B plants, before removing the plant from the excavated hole, place sound hog wire around the burlapped ball, and loop and 01025-53 Technical Specifications F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc tension it until the tightened wire netting substantially packages the burlapped ball such as to prevent disturbing of the loose soil around the roots during handling. 580-3.2 Container-Grown Plants (CG): The Engineer will not accept any CG plants with roots which have become pot-bound or for which the top system is too large for the size of the container. Fully cut and open all containers in a manner that will not damage the root system. Do not remove CG plants from the container until immediately before planting to prevent damage to the root system. .I 580-3.3 Collected Plants (Trees and Shrubs) (C): Use C plants which have a root ball according to"Florida Grades and Standards for Nursery Plants". Do not plant any C plant before the Engineer's inspection and acceptance at the planting site. 580-3.4 Collected Plants (Herbaceous)(HC): The root mass and vegetative portions of collected herbaceous plants shall be as large as the specified container-grown equivalent. Do not plant any collected plant before inspection and acceptance by the Engineer. 580-3.5 Specimen Plants (Special Grade): When Specimen (or Special Grade) plants are required, label them as such on the plant list, and tag the plant to be furnished. 580-3.6 Palms: Wrap the roots of all plants of the palm species before transporting, except if they are CG plants and ensure that they have an adequate root ball structure and mass for healthy transplantation as defined in "Florida Grades and Standards for Nursery Plants". The Engineer will not require burlapping if the palm is carefully dug from marl or heavy soil that adheres to the roots and retains its shape without crumbling. During transporting and after arrival, carefully protect root balls of palms from wind and exposure to the sun. Muck grown palms are not allowed. After delivery to the job site, if not planting the palm within 24 hours, cover the root ball with a moist material. Plant all palms within 48 hours I of delivery to the site. Move sabal and coconut palms in accordance with the "Florida Grades and Standards for Nursery Plants." 580-3.7 Substitution of Container-Grown(CG) Plants:With the Engineer's approval, the Contractor may substitute CG plants for any other root classification types, if he has met all other requirements of the Contract Documents. 580-4 Planting Requirements. 580-4.1 Layout: Prior to any excavation or planting, mark all planting beds and individual locations of palms, trees, large shrubs and proposed art and architectural structures, as shown in the plans, on the ground with a common bright orange colored spray paint, or with other approved methods, within the project limits. Obtain the Engineer's approval and make necessary utility clearance requests. 580-4.2 Excavation of Plant Holes:_..Excavate plant holes after an area.around the plant three times the size of the root ball has been tilled to a depth of the root ball. Ensure that the plant hole is made in the center of the tilled area only to the depth of the plant root ball. Where excess material has been excavated from the plant hole, use the excavated material to backfill to proper level. 580-4.3 Setting of Plants: Center plants in the hole. Lower the plant into the hole so that it rests on a prepared hole bottom such that the roots are level with, or slightly above,the level of their previous growth and so oriented such as to present the best appearance. Backfill with native soil, unless otherwise specified on the plans. Firmly rod and water-in the backfill so that no air pockets remain. Apply a sufficient quantity of water 01025-54 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport or West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc I i immediately upon planting to thoroughly moisten all of the backfilled earth. Keep plants in a moistened condition for the duration of the planting period. When so directed, form a water ring 6 inches in width to make a water collecting basin with an inside diameter equal to the diameter of the excavated hole. Maintain the water ring in an acceptable condition. 580-4.4 Special Bed Preparation: Where multiple or mass plantings are to be made in extended bedding areas, and the plans specify Special Bed Preparation, prepare the planting beds as follows: Remove all'vegetation from within the area of the planting bed and excavate the surface soil to a depth of 6 inches. Backfill the excavated area with peat, sand,finish soil layer material or other material to the elevation of the original surface.Till the entire area to provide a loose, friable mixture to a depth of at least 8 inches. Level the bed only slightly above the adjacent ground level. Then mulch the entire bedding area, in accordance with 580-8. i 580-5 Staking and Guying. 580-5.1 General: When specified in the plans, or as directed by the Engineer, stake plants in accordance with the following. Use wide plastic, rubber or otherflexible strapping materials to support the tree to stakes or ground anchors that will give as the tree moves in any direction up to 30 degrees. Do not use rope or wire through a hose. Use guy chords, hose or any other thin bracing or anchorage material which has a minimum 12 inches length of high visibility flagging tape secured to guys, midway between the tree and stakes for safety. Stake trees larger than 1 inch diameter and smaller than 2 inches diameter with a 2 by 2 inch stake, set at least 2 feet in the ground and extending to the crown of the plant. Firmly fasten the plant to the stake with flexible strapping materials as noted above. 580-5.2 Trees of 2 to 31/2 inches [50 to 90 mm] Caliper: Stake all trees, other than palm trees, larger than 2 inches caliper and smaller than 3 1/2 inches caliper with two 2 by 4 inch stakes, 8 feet long, set 2 feet in the ground. Place the tree midway between the stakes and hold it firmly in place by flexible strapping materials as noted above. 580-5.3 Large Trees: Guy all trees, other than palm trees, larger than 3 1/2 inches caliper, from at least three points, with flexible strapping materials as noted above. Anchor flexible strapping to 2 by 4 by 24 inch stakes, driven into the ground such that the top of the stake is at least 3 inches below the finished ground. 580-5.4 Special Requirements for Palm Trees: Brace palms which are to be staked with three 2 by 4 inch wood braces, toe-nailed to cleats which are securely banded at two points to the palm, at a point one third the height of the trunk. Pad the trunk with five layers of burlap under the cleats. Place braces approximately 120 degrees apart and secure them underground by 2 by 4 by 12 inch stake pads. - 580-6 Tree Protection and Root Barriers. Install tree barricades when called for in the Contract Documents or by the Engineer to protect existing trees from damage during project construction. Place barricades at the drip line of the tree foliage or as far from the base of the tree trunk as possible. Barricades shall be able to withstand bumps by heavy equipment and trucks. Maintain barricades in good condition. When called for in the Contract Documents, install root barriers or fabrics in accordance with the details shown. 01025-55 Technical Specifications FAIDublic WorksIENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc 580-7 Pruning. j Prune all broken or damaged roots and limbs in accordance with established arboriculture practices.When pruning is completed ensure that all remaining wood is alive. Do not reduce the size or quality of the plant below the minimum specified. 580-8 Mulching. j Uniformly apply mulch material, consisting of wood chips (no Cypress Mulch is allowed pine straw, compost, or other suitable material approved b the Engineer, t a ), p p � Pp Y g o I minimum loose thickness of 3 inches over the entire area of the backfilled hole or bed within two days after the planting. Maintain the mulch continuously in place until the time of final inspection. 580-9 Disposal of Surplus Materials and Debris. Dispose of surplus excavated material from plant holes by scattering or otherwise as might be directed so that it is not readily visible or conspicuous to the passing motorist or pedestrian. Remove all debris and other objectionable material from the site and clean up the j entire area and leave it in neat condition. 580-10 Contractor's Responsibility for Condition of the Plantings. Ensure that the plants are kept watered,that the staking and guying is kept adjusted as necessary, that all planting areas and beds are kept free of weeds and undesirable plant growth and that the plants are maintained so that they are healthy, vigorous, and undamaged a(t]the time of acceptance. 580-11 Plant Establ.shmeazt Period. If the Contract Documents designate a Plant Establishment Period, assume responsibility for the proper maintenance, survival and condition of all landscape items during ! such period at no additional cost. I 580-12 Method of Measurement. The quantities to be paid for will be the items shown in the plans, completed and j accepted. 580-13 Basis of Payment. Prices and payments will be full compensation for all work specified in this Section. SECTION 700 — HIGHWAY SIGNING The work specified in this item shall conform to Section 711 of the Florida Department of Transportation Standard Specifications for Road and.Bridge Construction with the following modifications. A. Signing for traffic control shall conform to the requirements of the Manual on Uniform Traffic Control Devices, the F.D.O.T, Standard Specifications and the Indian River Typical Drawings for Pavement Markings, Signing and Geometrics Revised March 2012 and manufacturer's specifications. 01025-56 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\Technical Specifications.doc i' B. Traffic Signs- All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits. Care shall be exercised by the Contractor during removal, storage and relocation so as not to damage the signs. if any damage occurs, as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation. Item of Payment l i Payment shall be made under: Bid Item No. 700-1-11 — Single Post Sign, F&I, Ground Mount, Up to 12 SF — Per Assembly Bid Item No. 700-1-50 — Single Post Sign, Relocate — Per Assembly I i SECTION 706 - RETROREFLECTIVIE PAVEMENT MARKERS AND BITUMINOUS ADHESIVE The work specified in this item shall conform to Section 706 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction with the following modifications. i A. Ali reflective pavement,markers shall be 4" x 4". Item of Payment Payment shall be made under: j Bid Item No. 706-3— Retro-Reflective Pavement Markers (Amber/Amber) — Per Each i SECTION 711 —THERMOPLASTIC PAVEMENT MARKINGS The work specified in this item shall conform to Section 711 of the Florida Department of Transportation Standard,Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 711-11-123 —Thermoplastic, Standard, White, Solid 12" for Crosswalk and Roundabout— Per Linear Foot �I Bid Item No. 711-11-125—Thermoplastic, Standard,White, Solid 24"for Stop Line and Crosswalk— Per Linear Foot Bid Item No. 711-12-123 — Thermoplastic, Refurbishment, White, Solid 12" for Crosswalk or Roundabout— Per Linear Foot i 01025-57 Technical Specifications j FAPublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admimlbid documents\Master Contract Documents\Technical Specifications.doc i Bid Item No. 711-16-101 —Thermoplastic, Standard, White, Solid 6 —Per Linear Foot Bid Item No. 711-16-201 —Thermoplastic, Standard,Yellow, Solid 6"—Per Linear Foot i I + + END OF SECTION + + i I 01025-58 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestWdmim\bid documents\Master Contract Documents\Technical Specifications.doc k i i i i I I I i P E N I"'X A Title 'VI/Nondiscrimination Policy Statement i F;\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\APPENDIX ATITLE SNEET.docx i i I j j TITLE VI/ NONDISCRIMINATION POLICY STATEMENT Indian River County Board of County Commissioners assures the Florida Department of Transportation that no person shall on the basis of race, color, national origin, sex, age, disability, family or religious i status, as provided by Title VI of the Civil Rights Act of 1964,the Civil Rights Restoration Act of 1987 and i the Florida Civil Rights Act of 1992 be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination or retaliation under any program or activity. ; I Indian River County Board of County Commissioners further agrees to the following responsibilities with respect to its programs and activities: 1. Designate a Title VI Liaison that has a responsible position within the organization and access to the Recipient's Chief Executive Officer. i 2. Issue a policy statement signed by the Chief Executive Officer,which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the Recipient's organization and to the general _public. Such information shall be published where appropriate in languages other than English. i= 3. Insert the clauses of Appendix A of this agreement in every contract subject to the Acts and the Regulations. 4. Develop a complaint process and attempt to resolve complaints of discrimination against sub- recipients. Complaints against the Recipient shall immediately be forwarded to the FDOT District j Title VI Coordinator. 5. Participate in training offered on Title VI and other nondiscrimination requirements. 6. If reviewed by FDOT or USDOT,take affirmative action to correct any deficiencies found within a reasonable time period, not to exceed ninety(90)calendar days. r. 7. Have a process to collect racial and ethnic data on persons impacted by your agency's programs. i I_ THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal funds, grants,loans,contracts,properties,discounts or other federal financial assistance under all programs and activities and is binding. The person whose signature appears below is authorized to sign this assurance on behalf of the Recipient. I I Dated: By: I seph A. Baird,County Administrator I I i I I APPENDICES A and E During the performance of this contract, the contractor, for itself, its assignees and successors in interest(hereinafter referred to as the"Contractor")agrees as follows: (1.) Compliance with Regulations:The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.)Solicitations for Subcontractors, including Procurements of Materials and Equipment: in all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race,color, national origin,sex, age, disability, religion or family status. j (4.) Information and Reports: The Contractor shall provide all information and reports required ! by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of Information,and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration,`and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive'possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies,and/or b. cancellation,termination or suspension of the contract, in whole or in part. ; (6.)Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the 2 Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter Into such litigation to protect the Interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.)Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); I and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et ' seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or i activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §,47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to I Address Environmental Justice in Minority Populations and Low-income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to i Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title Vi, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). 3 i i i i i i i i j i i i i i i i An in M DMIL P I'm Lj I A SUN Indian River Coounty toertflizer Ordinances i Appendix B F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\APPENDIX B-FERTILIZER ORDINANCES(title sheet).doc i i ORDINANCE NO.2013- n12 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 3162 ENTITLED "FERTILIZER AND LANDSCAPE, MANAGEMENT;" ADOPTING THE (FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MODEL ORDINANCE FOR FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; DIRECTING COUNTY ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WEBSITE, AND AN EFFECTIVE DATE. WHEREAS,as a result of impairment to Indian River County's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or canals within the boundaries of Indian River County, the Board of County Commissioners has determined that the use of fertilizers on lands within Indian River County creates a risk of contributing to adverse effects on surface and/or ground water; and j 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 EnArorumental Protection's .Model Ordinance for Florida-Friendly Use of Fertilizer on Urban Landscapes, but i 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 i 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 Tones, and exemptions. The ordinance requires the use of Best Management Practices which provide speck 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 storrnwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer,will help improve and maintain water and habitat quality, FUnanSWLdeWFNFRAIJN•mfx.ov80�.�mf0..4u.o.U4rNWtitYtFirLd1.Adn�er-10t3(6tnm1(doP�+SOWat Page 1 of9 ORDINANCE, NO.2013- 012 NOW, TBEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: Section 1. Enactment Authority. Article V111, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rale powers in counties to enact ordinances,not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. .Fiudings. 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"Code"). Chapter 316 of the Code is hereby adopted,as follows(new language is indicated by underline : Section 316.1. Title. This chapter shall be known as the"Indian River County Fertilizer and Landscape Mara emcnt Ordinance." i Section 316.2. Definitions. For the puzposes of this chapter,the following terms shall have the following meanings: ; "Administrator"shall mean the County Administrator,or an administrative official of the County desk nated by the County Administrator to administer and enforce the provisions of this nhapter. "Application" or"apply" shall mean the actual physical deposit o£'fertilizer to turf or landscape 1p ants. "A,pplicator" 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 Counter Commissioners. "Best Manazement ,Practices" shall mean turf and landscape practices or combination of practices based on research,field-testin and expert review,determined to be the most effective x;u ,zvkao s .a,bu.Ruh.wF a�aa .za»,r�.�r�wu?v� Page 2 of i ORDINANCE NO.201:3- _ d pxacticable on-location means, including economic and technological considerations for improving,water quality, conserving water supplies and protecting natural resources i "Chanter$5-427"shall mean The fndian River County Erxvironmental Control Act Chapter 85- 427,Special Acts,Laws of Florida. "Code Enforcement Officer sball mean any designated employee or agent of lndian River County whose duty.it.is to enforce codes and ordinances enacted by Indian River County. "Commercial Fertilizer Applicator" except as provided in §482.1562(9 Florida Statutes shall mean any person who applies fertilizer for pavment or other consideration to property not owned by the person or.firm applying the fertilizer or the employer of the applicator. "Code"shall mean The Code of Indian River County. ' I "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 1)o this Code, and his or her designecs. i "Fertilize," "fertilizing" or "fertilization" shall mean the act of applyn fertilizer to turF, specialized t,or landscape plants. i "Fertilizer33 shall mean any substance or mixture of substances that contains one or more mcognized 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. i "Heavy rain"shall mean rainfall greater than two uzches in a 24 hour period. "Institutional Fertilizer Applicator"shall mean any person other than a private,non-commercial applicator ora Commercial Fertilizer Applicator {unless such definitions also appy 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 lauds schools parks religious institutions utilities industrial or business sites and any residential properties maintained in condominium and/or common ownership "Landscape plant"shall mean=native or exotic tree shrub,or groundcover(excluding tuft "Low maintenance zone" shall mean an area a minimum of ten feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization watering mowing,etc. "Person" shall mean any natural person, business, corporation, limited li&Ljiy Corn)PP partnership, limited partnership association club organization, and/or any group of people acting as an organized entity. F:U+forMyY.L��C.5E7�F3uLUte al ewriO.A,wcs+b aroncuL'unllrv+NCaWPaM(ruCA�nmx-20130.0(4g.02%da Page 3 of 9 I ORIDINANCE IVO.201.3- 012 "Restricted Season"shall mean June 1 through September 30. I "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 standing water is present or the pressure of a person standing on the soil causes the release of free water. "Slow Release NitrWd' shall mean nitrogen in a form which delays its availabilfty for plant uptake and use after application, or which extends its availabft to the plant longer than a reference rapid or quick release product. ".Turf," "sod," or "lawn" shall mean a piece of grass-covered soil held together by the roots of the grass. i I "Urban landscape" shall mean pervious areas on residential commercial industrial,institutional highway rights-of way, or other nonagneultural 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 33.6.3. Tuning'of fertilizer application. 1 No applicator shall apply fertilizers containing nitrogen_ and/or,phosphorus to turf and/or landscape plants during the restricted Season, to saturated soils,or duri g a period in which a Flood Watch or Warning or a Tropical Storm Watch or Warning or a Hurricane Watch or Warning is in effect for any portion of Lndian River County, issued by the National Weather Service,or if heavy rain is likely. ;Section 316.4. Fertilizer-free zones, I Fertilizer shall not be applied within ten feet of any pond stream watercourse lake canal or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall.If more stringent Indian River County Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent re ations. 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 the 1p ants to become well established Caution shall be used to prevent nutrients from bein dg irecfly deposited into the water. Section 316.5. Low maintenance zones. I A voluntary ten foot low maintenance zone is strongly recommended, but not mandated froth My pond,stream,water course,lake,wetland or from the top of a seawall.A swale/berntsystern j 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 appy, this provision Page 4 of 9 j i i i O12MNAME NO.2013-012 i . does not relieve the requirement to adhere to the more stringent regvlations..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 Clic over- sprn of aquatic weed products in this zone. ' i Section 316.6. Fertilizer content and.application rates. i (a) No fertilizer containing phosphorous shall be applied to turf or landscape plants in Indian River County unlcss a soil or plant time deficiency is verified by Universit off 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 Mule 5E-1.003(2),Florida Administrative Code.Deficiency verification shall be no wore than2 years old. However, recent application of compost- manure, or top soil shall warrant more recent testing to ven.f ,y current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50%slow release nitrogen per guaranteed analysis label. (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 fertilizer products, as provided by Rule 5E-1.003(2),Florida Administrative Code,Labeling Requirements For Urban TurfFerdlizers. 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-1.003(Q,Flodda 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 aq emergency situationwwildfire etc.), or in accordance with the Stormwater Pollution prevention Plan for that site. Section 316.7. Application practices. (a) Spreader deflector shields are rewired when fertilizing via rotary(broadcaso spreaders. Deflectors must be positioned such that fertilizer granules are deflected gnax from all impervious surfaces,fertilizer-free zones and water bodies.including wetlands. (b) Fertilizer shall not be Uplied,spilled,or otherwise deposited on any impervious surfaces. i (c) Any fertilizer aped, spilled, or deposited, either intentionally or aecidentally1 on any impervious surface shall be immediately and completely removed to the greatest extent practicable. Page S of i I ORDINANCE NO,2013- 012 II (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 l container. I (e) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into ! stormwater drains,ditches,conveyances,or water bodies. Section 316.8. Management of grass clinpin�s and vegetative materials. 1 i In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or blown off into stormwater drains, ditches,conveyances,water bodies, wetlands, or sidewalks j ! or roadways.Any material that is accidentallyposited shall be immediately removed to the maximum extentpracticable. I i Section 316.9. Exemptions. � The provisions set forth above in this chapter shall not apply to: Ca) bona fide farm operations as defined in the Florida Right to Faun Act, § 823.14, Florida Statutes; i (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock, I KU (c� any lands used for bona fide scientific research,including,but not limited to,research on'e I effects of fertilizer use on urban stormwater,water gualityr,agronomics,or horticulture (d) golf courses when landscaping is performed within the provisions of the Florida De�parunent 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 apples concepts and principles embodied in the Florida Green BMPs, while maintaining the health and function of their specialized turf areas: I I (f)vegetable gardens owned by individual property owners or a community and trees grown for- their or j their edible fruit. i I Section 316.10. Training, (a) Within the time period set forth in section 316,12 of this Chapter, all Commercial Fertilizer j Applicators and Institutional Fertilizer Applicators within Indian River County shall abide by and successfully complete the six-hour tra%nang_program in the "Floridafnendly Best I F.-IAtbinyl(7Fdp1GE'lFRALIRrgfnrctw 6 QMmwudGFoSrgncn�FenrXrwyJodetfwrlxox Oen•1075(F`wolJ(Ay6�Z4leba Page 6 of 9 i I i ORDINANCE NO.2013- Management 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 applyin firs. 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 requirernents of this chapter, which pro am shall include among other things informative postings on the County website printing and_distributing informative brochures and other print materials, and speaking engagements at commuwjy associations, civic orations, etc. The program shall also include,to the extentr�acticable use of any materials from the Be Floridian program and coordination and collaboration with University.of Florida Institute of Food and Agijoulture 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 chaser. 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- fendly Best Management Practices for Protections Water Resources by the Green.Industries " offered by the Florida Department of Environmental Protection through the University of Florida Institute of Food and Agrricultm-e Sciences "Florida-friendly Landscapes" ; pxogram, or an approved equivalent progam,am, prior to obtaining an Indian River County Local Business Tax Certificate for any category of occupation which may apply aLny 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-14.117(18 ,Florida Adininistrative 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 my category of A'VJromq'4W-i0£HEMkR"mlung 2015 PrmjMnp M&} Page 7 of 9 i I I I I 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 316,13. Enforcement. This chapter may be enforced by the Code Enforcement Officer in the Public Works Department who is devoted to issues pertaining to this Chapter, pursuant to Chapter 162, Florida Statutes and §103.07 of this Code. In addition, this chapter maybe enforced by the lnvironnzen.tal. Control Officer pursuant to Chapter 8S-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 anal,to the extent applicable, Chapter 85-427, Special Acts, Laws of Florida. Funds generated by penalties,imposed tuider 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 3716.14. References to state law. Any references in this chapter to Florida Statutes,rules or regulations shall refer to such statutes, rules or re Ygu lations,as amended from time to time. Section 316.15. Applicability. This chapter shall be applicable to and shall reage ate appy and all applicators of fertilizer and areas of application of fertilizer within the area of Indian River Couurty,unless such applicator is specifically exempted; provided, however, that this chapter shall not apply within the limits of any municipality which has adopted an ordinance regulating the same subject matter. This chapter shall be prospective onlLand shall not impair an, 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 fall 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• «�� .h� ,� � F ,� .so„�,�, Page 8 of 9 I ORDINANCE NO.2013- 012 Section 6.Directing County Attorney's Office to Post Summary on Coumty 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-Mth 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 18'b 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 AXE Commissioner Bob Solari AXE Commissioner Tim Zore AYE The Chairman thereupon declared the ordinance duly passed and adopted this 20'' day of August,2013, c,v�sSl:lilcti: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,FLORIDA eBy: tI 'F '•. i;ti ;r;� ' seph .Flescher,Chairman ATTEST: Jeffrey R.Smith,Clerl Approved as to form and legal sufficiency: d ptroffer y �-- B Depu Clerk ) emgCounty Attorney EFFECTIVE DA'Z'E: This ordinance was filed with the Florida Department o t p f State on the day of ,2013. P_'1l yVh.A4Gl�CILVtr+MWlavQAtnrmn.+lOrdtmnxitfufN6zYdalflPno(im 0,&---Nis Page. of 9 i ORDINANCE NO.2013-014 I AN ORDINANCE OF THE BOARD OF COUNTY CONIN41SSIONERS 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 MAILING FINDINGS AND PROVIDING FOR SEVERABILITY, ! CODIFICATION; AND AN EFFECTIVE DATE. � I WHEREAS, the Board of County Commissioners adopted an ordinance regulating the proper use of fertilizers in order to protect the hater quality of Indian River County's naturaland constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies;and WI:IEREAS, 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 i WHEREAS, the new fertilizer regulations go into effect on October 14,2013;and I WHEREAS, in order to provide adequate time for the supply of fertilizer containing nitrogen that does not comply 4Yith 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 VI11, Si of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The j 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 I ndian 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. r•.,rr. :rxv,u:rr.>,dxrw. carr,b i.vrnfiwnr,�F rtirr_a:r�n mva r'orir.�+unh,.,.•.,<<.. Page 1 Ura i I I ' I i i i ORDINANCE NO,2013- 014 i Section 3. Amendment of Section 316.6 (Fertilizer conlent and application rates) of Chapter � 316 (Indian River Countv 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 i 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 2550% slow release nitrogen per guaranteed analysis label. As of June 1, 2014, the nitrogen content of fertilizer applied to i 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 (Applicabiliq) of Chapter 316 (Indian River County,Fertilizer and Landscape Management Ordinance) of the Code of Indian River County (the "Code"). Section 316.15 (Applicability) of Chapter 316 (Indian Riven County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.15., ApplicaMIRy. This chapter shall be applicable to and shall regulatd_-any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated area of Indian River County, unless PP rP y. such applicator is specifically exempted; pro*-,ia- heave eF, that this ^`apte shall ietaPP, , within the"milsof aRy tnuaieipality which has adopted Rn ordinanee e-subjec4 matter. This chapter shall be prospective only,and shall not impair any existing contracts. Section 5. Severability. i If any part of this ordinance is held to be invalid or unconstitutional by a court of competent j jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. I 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 Hrwnr11aJnr!'.'FSU L!'teH•'wO.0 F('uM*K.+JIrJfrvocrx•Fnblhrr:euWr;nlnnFinWi:nUnbimru.rh++ 3 Page 2 a � i f I i i i I I 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 Septen-ber , 2013, for a public hearing to be held on the 1st_ day of October 2013•,at which time it was inoved for adoption by Commissioner Solari , seconded by Commissioner O'Bryan , and adopted by the following trate: Chairman Joseph E.Flescher Aye Vice Chairman Wesley S. Davis Aye Commissioner Peter D. O'Bryan Ave Commissioner Bob Solari .Aye Commissioner Tim Zorc Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of October,2013. `1f,f.. " BOARD OF COUNTY COMMISSIONERS `�;,-4NDIAN RIVER COUNTY,FLORIDA eph E. Flescher,Chairman ATTEST, Jeffrey R.Smith,Clerk'b:'.' t Approved as to form and legal sufficiency: and Comptroller By: (1;2 -' Dep �Cier{c 4VIan Reingold,County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of ,2013. r.ere g7w:et;al�xu.vr ;� vn.,uw.rroa'<urt�rm;r:., Mc„n rH;a..n�a„mnaPage 3of3 i I I i I i I i i i I i i I I i i A N I X C 0"" Immederal Req'mnuirea uontract'd t Provisions i F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\APPENDIX C TITLE SHEET.docx i i i I ! Federal Required Contract Provisions Federal Highway Administration Funds for this project are derived from federal grants and therefore the successful contractor must comply with federal guidelines. The federal funds appropriated by the Department of Transportation(DOT), Federal Highway Administration(FHWA)will be administered through the Florida Department of Transportation(FDOT or SHA(state highway authority)). In the event of a conflict between the Federal Requirements listed in this section and other provisions of the Invitation to Bid,the Federal Requirements will govern and prevail. 1. GENERAL (1) These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. (2) Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. (3) A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. (4) A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2 (General) Section 8, paragraphs 1, 2, 3, 4, and 7; (Payment of Predetermined Minimum Wage) Section 9, paragraphs 1 and 2a through 2g. (Statements and Payroll) (5) Disputes arising out of the labor standards provisions of Section IV(except paragraph 5)and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract.Such disputes shall be resolved in accordance with the procedures of the U.S.Department of Labor (DOL)as set forth in 29 CFR 5,6,and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 2. PREQUALIFICATION. N/A, Project is not located on a State Highway System. 3. CONTRACT AWARD The contract will be awarded on the basis of the lowest responsive bid submitted by a bidder meeting the requirements of the Invitation to Bid. 4. SELECTION OF LABOR During the performance'of this contract, the contractor shall not: 1 i a. discriminate against labor from any other State, possession, or territory of the United States or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. 5. NON-DISCRIMINATION (1) Contractor Representations. During the performance of the contract,the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include,bur not be limited to the following:employment,upgrading demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form of compensation;and selection for training,including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause. (b) The contractorwill,in all solicitations or advancements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers'representative of the contractor's commitments under Section 202 of i Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The contractorwill furnish all information and reports required by Executive Order No. 11246 i of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor of purposed of investigation to ascertain i compliance with such rules, regulations and orders. (f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in party and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and other sanctions may be imposed and remedies invoked as provided in Executive Order No, 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. i (g) The contractor will include the provisions of sub-paragraphs (a) through (f) in every subcontract of purchase order unless exempted by rules, regulations or orders of the Secretary of labor issued pursuant to Section 204 of Executive Order No. 11246 of ' September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may requires the Untied States to enter into such litigation to protect the interests of the United States. 2 I I II i (h) The contractor shall keep such records as are necessary to determine compliance with the equal employment opportunity obligations. All such records must be maintained for a period of three (3) years following completion of the contract work and be available at reasonable times and places for inspection by representatives of the County, FDOT and FHWA. (2) Equal Employment Opportunity:Equal employment opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations(28 CFR 35,29 CFR 1630 and 41 CFR 60)and orders of the Secretary of Labor as modified by the provisions prescribed herein,and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO i and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the ; American Disabilities Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract,the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the County, FDOT and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating.policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment,without regard to their race, religion,sex,color,national origin,age or disability.Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation, and selection for training,including apprenticeship,pre-apprenticeship,and/or on-the-job training." (3) EEO Officer: The contractor will designate and make known to the County and FDOT an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and j responsibility to do so. (4) Dissemination of Policy:All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment.To ensure that the above agreement will be met,the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months,at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel .office emptoyees._will__be_given a thorough indoctrination by the EEO Officer,covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. C. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. 3 _ t e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings,employee handbooks, or other appropriate means. (5) Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation. An Equal Opportunity Employer. All such advertisements will be j placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants.To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals,he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women,or obligates the contractor to do the same, such implementation violates Executive Order 11246,as amended.) C. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring I minority group applicants will be discussed with employees. (6) Personnel Actions:Wages,working conditions,and employee benefits shall be established and administered, and personnel actions of every 'type, including hiring, upgrading, promotion, transfer, demotion, layoff,and termination,shall be taken without regard to race,color,religion,sex,national origin,age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working j conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. C. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.Where evidence is found,the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract,will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. (7) Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. 4 b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs,i.e.,apprenticeship,and on-the-job training programs for the geographical area of contract performance.Where feasible,25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. i C. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. (8) Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees.Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions,joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. C. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor,the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race,color, religion,sex,national origin,age or disability;making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246,as amended,and these special provisions, such contractor shall immediately notify the SHA. (9) Selection of Subcontractors,Procurement of Materials and Leasing of Equipment:The contractor shall not discriminate on the grounds of race,color, religion,sex, national origin,age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize QBE subcontractors or subcontractors with meaningful minority group and female 5 representation among their employees. Contractors shall obtain lists of DBE construction firms from FDOT. C. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. (10) Records and Reports:The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of five years following completion of the contract work and shall be available.at reasonable times and places for inspection by authorized representatives of the County, FDOT and/or the FHWA. a. The records kept by the contractor shall document the following: 1 The number of minority and non-minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions,when applicable,to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractor will submit an annual report to FDOT each July for the duration of the project, indicating the number of minority,women,and non-minority'group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision,the contractor will be required to collect and report training data. 6. CIVIL RIGHTS The following requirements will apply to the awarded contract and any sub-contracts: (1) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §623, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FHWA may issue. (2) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance. 7. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid,the execution of the contract or subcontract,or the consummation of this material supply agreement or purchase order, as appropriate,the bidder, Federal-aid construction contractor,subcontractor, material supplier,or vendor,as appropriate,certifies 6 i i that the firm does not maintain or provide for its employees any segregated facilities at any of r its establishments, and that the firm does not permit its employees to perform their services at any location,under its control,where segregated facilities are maintained.The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract.The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification,the term"segregated facilities"means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,transportation,and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). C. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of$10,000 or more and that it will retain such certifications in its j files. 8. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding$2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors,which are exempt.) (1) General a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account[except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act(40 U.S.C. 276c)j the full amounts of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment.The payment shall be computed at wage rates not less than those contained in the i wage determination of the Secretary of Labor(hereinafter"the wage determination")which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics.The wage determination(including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster(WH-1321) or Form FHWA-1495)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section,contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act(40 U.S.C.276a)on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs,which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided,that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. 7 i C. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. (2) Classification a. The County and/or MOT shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The County and/or FDOT shall approve an additional classification,wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers,when such a classification prevails in the area in which the i work is performed. C. If the contractor or subcontractors,as appropriate,the laborers and mechanics(if known)to - be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative,will approve, modify,or disapprove every additional classification action within 30 days of receipt and to advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate,the laborers or mechanics to be employed in the additional classification or their representatives,and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination.Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. f. *The U.S. Department of Labor Wage Rates applicable to this contract are listed in Wage Rate Decision Number FL213, as modified up through ten days prior to the bid opening. The Wage Tables are included in this document. Review the Wage Tables for all classifications necessary to complete the project. If needed, request additional classifications needed prior to bid opening. General guidance on the use of Wage Tables is available on the FDOT website at www.dot.state.fl.us/construction/wage.htm. The FDOT Wage Rate Coordinator may be contacted at 850-414-4251. 8 i (3) Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided,that the Secretary of Labor has found,upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (4) Apprentices and Trainees (Programs of the U.S. DOL.) and Helpers: i a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe I benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. i i 9 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau,withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman- level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program,the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate'for the work performed until an acceptable program is approved. C. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2.Any worker listed on a payroll at a helper wage rate,who is not a helper under an approved definition,shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. (5) Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section.The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs.The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 10 i i i� �I �I I (6) Withholding: The County shall upon its own action or upon written request of FDOT or an authorized representative of the DOL,withhold,or cause to be withheld,from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor,or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor,as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,trainees,and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or helper,employed orworking on the site of the work, all or part of the wages required by the contract, FDOT may,after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (7) Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic,watchman, or guard receives compensation at a rate[not less'than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. (8) Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation,of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer,mechanic,watchman,or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. (9) Withholding for Unpaid Wages and Liquidated Damages: The County or FDOT shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. 11 i i i' 9. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding$2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) (1) Compliance with Copeland Regulations(29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. (2) Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name,social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B)of the Davis Bacon Act);daily and weekly number of hours worked;deductions made;and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b,has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,that the plan or program has been communicated in writing to the laborers or mechanics affected,and show the cost anticipated or the actual cost incurred in providing benefits.Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees,and ratios and wage rates prescribed in the applicable programs. C. Each contractor and subcontractor shall furnish, each week in which any contract work is performed,to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period).The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 12 I d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: i 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; i 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal-prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section available for inspection, copying, or transcription by authorized representatives of the County, FDOT,the FHWA,or the DOL,and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the County, FDOT,the FHWA,the DOL, or all may,after written notice to the contractor,sponsor,applicant,or owner,take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 10. RECORD OF MATERIALS,SUPPLIES,AND LABOR (1) On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings,those which are constructed on a force account or direct labor basis,highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. C. furnish, upon the completion of the contract,to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to furnished materials and supplies,a final labor summary of all contract work indicating the total hours worked and the total amount earned. 13 (2) At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. 11. SUBLETTING OR ASSIGNING THE CONTRACT i (1) The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract) of the total original contract price,excluding any specialty items designated by the State.Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization"shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor,assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. i I (2) The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. i (3) The contractor shall furnish(a)a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements,and is in charge of all construction operations(regardless of who performs the work)and(b)such other of its own organizational resources(supervision,management,and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. (4) No portion of the contract shall be sublet,assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 12. SAFETY:ACCIDENT PREVENTION (1) In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635).The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines,or as the County or FDOT may determine to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. (2) It is a condition of this contract,and shall be made a condition of each subcontract,which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary,hazardous or dangerous to his/her health or safety,as determined under construction safety and health standards(29 CFR 1926)promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 333). 14 i I I (3) Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof,shall have right of entry to any site of contract performance l to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 333). 13. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully,thoroughly,and honestly as possible. Willful falsification,distortion,or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts,the following notice shall be posted,on each Federal-aid highway project(23 CFR 635)in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL.ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation;or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation;or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented, Shall be fined not more that$10,000 or imprisoned not more than 5 years or both." 14. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of$100,000 or more.) By submission of this bid or the execution of this contract,or subcontract,as appropriate,the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: (1) That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L.91-604),and under the Federal Water Pollution Control Act,as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof(40 CFR 15)is not listed,on the date of contract award, on the U.S. Environmental Protection Agency(EPA)List of Violating Facilities pursuant to 40 CFR 15.20. 15 i (2) That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (3) That the firm shall promptly notify the SHA of the receipt of any communication from the Director,Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract,and further agrees to take such action as the government may direct as a means of enforcing such requirements. 15. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION (1) Instructions for Certification—Prime Contractor: (Applicable to all Federal-aid contracts-49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below.The certification or explanation will be considered in connection with the i department or agency's determination whether to enter into this transaction. However,failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a r rson from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. if it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. i d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction, participant, person, primary covered transaction, "principal," "proposal," and"voluntarily excluded,"as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. i g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, I 16 Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,check the non procurement portion of the"Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs"(Nonprocurement List)which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. i Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred,suspended,proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them forcommission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have notwithin a 3-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (2) Instructions for Certification -Subcontracts: (Applicable to all subcontracts, purchase orders and other lower tier transactions of$25,000 or more- 49 GFR 29) 17 i a. By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other i remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. I C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as i used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. i g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. i h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available- to the- Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. I Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion j --Subcontracts and Purchase Orders: 1. The prospective lower tier participant certifies, by submission of this proposal,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. i 18 i i i I 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. i 16. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING I (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed$100,000- 49 CFR 20) (1) The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief, that: j I a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency,.a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. i (2) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. i (3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 17. BUY AMERICA All steel or iron used must be produced in the United States, in accordance with 23 CFR 635.410, as amended. All manufacturing processes, including grinding, drilling,welding, finishing or application of a coating,for such steel or iron materials, must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. If domestic steel or iron is taken outside of the United States for any process, it becomes foreign source material. If steel or iron will be a component of any manufactured product incorporated into the project, these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when'the cost of such foreign materials doe not exceed $2,500. The bidder shall complete and submit with its bid proposal a declaration certifying either compliance or noncompliance with Buy America. A certification form is attached. The contractor will also be required to provide, prior to incorporating the materials into the Project, certifications from the producer of steel or iron, or an'y produce containing steel or iron as a component, stating that all steel or iron furnished was produced entirely within the United States or was produced within the United States except for minimal quantities of foreign steel and iron valued at($insert actual value). 19 18. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (1) Policy. The contractor shall ensure that Disadvantaged Business Enterprises, as defined in 49 C.F.R. Part 26, as amended,shall have the opportunity to participate in the performance of this project. In this regard, the contractor shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts or subcontracts with respect to this Project. (2) DBE Availability Goat Percentage. The DBE Goal Percentage for this project is 9.91%. This DBE availability goal percentage is not a mandatory contract specification, but it is a guide to inform the contractor of the work that could reasonably be contracted to a DBE. (3) DBE Certification. Only DBE firm(s)certified by the FDOT Equal Opportunity Office shall be considered disadvantaged business enterprises for the purposes of this bid and any resulting contract. To verify whether a firm is certified as a DBE for the work being performed, the contractor must refer to the DBE Directory published by the FDOT Equal Opportunity Office on the Internet at: www.dot.state.fl.us/equalopportunityoffice/or through the Florida Unified Certification Program at www.bipincwebapps.com/biznetflorida/ If the Internet is not available, call the Equal Opportunity Office for verification at(850) 414-4747. (4) Anticipated DBE Participation Statement. Contractor shall complete and submit the Anticipated DBE Participation Statement prior to the pre-construction conference through the FDOT Equal Opportunity Office on the Internet. A hard copy of the Statement should also be provided the pre-construction conference. The Statement must only include companies certified as a DBE. The Statement can and should be updated when additions or deletions are made through the life of the contract. This will not become a mandatory part of the contract. i When reporting anticipated DBE utilization or actual payments,the following guidelines prescribed in the 49 C.F R. Part 26 shall apply:. a) When a DBE participates in a contract, count only the value of the work actually performed by the DBE toward DBE participation. b) Count expenditures to a DBE contractor toward DBE goals only if the DBE is .performing a commercially useful function on the project. C) Follow the DBE reporting guidelines established by FDOT. (5) Reporting. Contractor shall report monthly, through the FDOT Equal Opportunity Reporting System on the FDOT website, actual payment, retainage, DBE status and work type of all subcontractors and major suppliers. Contractor shall develop a record keeping system to monitor DBE ,participation including the following: i) number and dollar value of contracts awarded to DBE subcontractors. ii)a description of the general categories of subcontracts awarded to DBEs. iii)the specific efforts employed to identify and award subcontracts to DBEs. All records relating to DBE participation and subcontracts shall be maintained for a period of five (5)years following acceptance of final payment. All such records shall be available for inspection by the County, FDOT or the Federal Highway Administration upon request. 20 19. BID OPPORTUNITY LIST. Federal regulations require the bidder to report on all firms that bid or quote subcontracts on FDOT- assisted projects, including both DBEs and non-DBEs. The Bid Opportunity List form must be completed by all bidders identifying ALL subcontractor who quoted to bidder for this project and contract. A form Bid Opportunity List form is attached and must be submitted with the bid proposal. 20. NON-COLLUSION i Bidder shall submit the included Non-Collusion Certification with its bid proposal, certifying that the bidder has not, either directly or indirectly, entered into any,agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with its bid. Failure to submit the certification with the bid will make the bid non-responsive and not eligible for award consideration. 21. STANDARDIZED CHANGED CONDITIONS CLAUSE (1) Differing site conditions. a) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially form those ordinarily encountered and generally recognized as inherent in the work provided for in the contract re encountered at the site, the party discovery such conditions shall i promptly notify the other party in writing of the specific differingconditions before the site is disturbed and before the affected work is performed. I b) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contact, an adjustment,excluding anticipated profits,will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. i C) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. d) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (2) Suspensions of work ordered by the engineer. a) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary,or inherent to the construction industry)and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. b) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment(excluding profit)and modify the contract in writing accordingly. 21 I i i The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. C) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. i d) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. (3) Significant Changes in the Character of Work. a) The engineer reserves the right to make,in writing,at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall j not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. b) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves _ significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work, if a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. i C) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. d) The term "significant change" shall be construed to apply only to the following circumstances: 1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or 2) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that j portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 22. CHANGE ORDERS Florida Department of Transportation(FDOT)and Federal Highway Administration(FHWA)approval shall be required on all construction contract changes. All such changes shall be documented on the FHWA Approval-Major and Minor Construction Changes, Form No. 700-010-47. i 23. TIME EXTENSIONS. The County may grant an extension of Contract Time when.it add s new work items or provides for unforeseen work, provided that the additional work actually impacts the contract critical path completion schedule. The County may also grant an extension of Contract Time when a critical path item of work is delayed.by factors not reasonably anticipated or foreseeableat the time of bid or if failure of the County to 22 ! fulfill an obligation under the contract results in delays to the schedule critical path The County may consider the delays in delivery of materials or equipment that affect progress on a critical item of work as the basis for granting a time extension if such delays are beyond the control of the Contractor. Requests for time extensions due to delay in the delivery of custom manufactured equipment or fixtures will not be considered unless the contractor furnishes documentation that the order was placed in a timely manner and the lack of such equipment cased a delay in progress on a critical item. Extensions of Contract Time will not be granted for delays due to the fault or negligence of the Contractor. No allowance for inclement weather should be made in establishing the Contract Time. The County may grant time extensions on a day for day basis for delays caused only by inclement weather conditions that prevent the contractor from productively performing critical path items where: (i)the contractor is unable to work at least 50% of the day on a pre-determined critical path item due to the weather; or(ii)the contractor must make major repairs to work damaged by weather provided that the damage is not due to the contractor's failure to perform and that the contractor is unable to work at least 50%of the day on pre-determined critical path items. 24. LIQUIDATED DAMAGES Applicable liquidated damages will be assessed in the following amount: $1,099.00 per day. 25. CONTRACT CLAIMS BY CONTRACTOR Should the contractor intend to file a claim for additional monetary compensation, time or other adjustments to the contract and the County disputes the contractor's entitlement to the claim or the impact of the claim,Contractor must provide written notification to the county of contractor's intent to file a claim. This notice must be given before the contractor begins any work on which the claim is based. Failure of the contractor to notify the County before beginning work on any disputed items waives the contractor's right to claim. The contractor's notice of intent to file a claim should contain: (1) A statement as to what changed, including a description of the nature and extent of the change. (2) An indication of who directed or what caused the change. (3) A description of how the change has or will impact the contractor, including reference to any impacted critical activities on the contractor's latest accepted schedule update. (4) A statement of damages, or an estimate of damages if available, detailing the amount of compensation, time and/or other adjustment to the contract that is being requested. 26. DRUG-FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug-free workplace. The bidder shall complete and submit with its bid proposal the attached certification. Failure to include an executed certification may cause the bid proposal to be considered non-responsive. 27. SUSPENSION AND DEBARMENT The bidder shall complete and submit with its bid proposal the certification regarding debarment form included in this package, or an explanation as provided herein. The inability to provide the certification will not necessarily result in denial of participation in the project. The bidder shall submit an explanation of why it cannot provide the requested certification,which will be considered in evaluation of the bidder's bid package. However, failure by a bidder to furnish a certification or an explanation shall disqualify such bidder from this project. 23 The bidder agrees by submitting its bid that should it be awarded the contract, it will not knowingly enter into any sub-contracts for this project with a person who is debarred,suspended, declared ineligible or excluded from participation in this transaction. The bidder further agrees that it will require the same certification in all solicitations for and from all sub-contractors on the project. The certification is a material representation of fact upon which the County will rely. If it is later determined that the bidder rendered an erroneous certification, or knowingly entered into a sub-contract with a subcontractor who is debarred, suspended or ineligible, the County may terminate the contract for cause of default. 28. EQUIPMENT (1) Publicly Owned Equipment *The policy definition of publicly owned equipment is". . equipment previously purchased or otherwise acquired by the public agency involved for use in its own operations."the policy goes on to state that". . . publicly owned equipment should not normally compete with privately owned equipment on a project to be let to contract." (2). Equipment Rental Rates. Contractor shall comply with the cost principles and procedures set forth in 48 C.F.R. Part 31. Reasonable costs of renting construction equipment are allowable; but the allowability of charges of equipment rentals from any division, subsidiary of organization under common control of contractor will be determined in accordance with 48 C.F.R. Sec. 31.205-36(b)(3). 29. MATERIALS (1) Source of Supply; Convict Labor. Materials produced by convict labor are prohibited from use on this project unless specific written authority for such use is obtained from FDOT and: (i) such materials are produced by convicts on parole, supervised release, or probation from a prison. (2) No Local Preference. The contractor must furnish all materials to be incorporated in the work,and the contractor shall be permitted to select the sources from which the materials are to be obtained. The County shall not impose any requirement or enforce any procedure which operates to require the use of, or provides a price differential in favor of, articles or materials produced within the State. 30. SALVAGE CREDITS. There will be no credit to the project as a result of salvaged materials or equipment. 31. SUBCONTRACTING (1) Prime Contractor Requirement. The prime contractor shall perform at least 30 percent of contract work with its own organization.This percentage shall be of the original contract price, exclusive of specialty items, but include the cost of materials and manufactured products purchased or produced by the prime contractor. - (2) Subcontract approval. No portion of the work may be sublet, assigned, or otherwise subcontracted without the written consent of the County. Subcontract approval shall be based on satisfactory evidence that each subcontract is in writing and contains all the pertinent provisions. The approval of a subcontract does not relieve the contractor of responsibility for fulfillment of the contract. 32. ACCESS TO RECORDS (1) The Contractor agrees to provide the County, FDOT,FHWA,the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the contract for the purposes of making audits, examinations, excerpts and transcriptions. (2) The Contractor agrees to maintain all books, records,accounts and reports required under the contract for a period of not less than five years after the date of termination or expiration 24 i of the contract, except in the event of litigation or settlement of claims arising from the performance of the contract, in which case Contractor agrees to maintain same until the County, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 33. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C.§3801 et seg, and U.S. DOT regulations,"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FHWA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes,or causes to be made,a false,fictitious,or fraudulent claim, statement,submission,or certification,the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes,or causes to be made,a false,fictitious, or fraudulent claim,statement,submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FHWA,the Government reserves the right to impose the penalties of 18 U.S.C.§1001 and 49 U.S.C.§5307(n)(1)on the Contractor,to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FHWA. It is further agreed that the clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions. 34. NO OBLIGATION BY THE FEDERAL GOVERNMENT (1) Absent the express written consent by the Federal Government,the Federal Government or the Federal Highway Authority is not a,party to the contract and shall not be subject to any obligations or liabilities to the County,Contractor,or any other party(whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. i (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FHWA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 35. LOCAL HIRING PREFERENCE There shall be no local hiring preference in this project. I i 25 i GENERAL CONDITIONS AND TERMS i' Section Caption GC 1 Definitions j GC 2 Execution, Correlation and Intent GC 3 Contractor Liable and Responsible to Owner GC 4 Engineer's Status GC 5 Design, Drawings and Specifications GC 6 Materials, Labor, Equipment GC 7 Permit and Fees GC 8 Project Manager GC 9 Subcontractors and Suppliers GC 10 Contractor Meetings GC 11 Scheduling GC 12 Schedule of Values GC 13 Land for Work GC 14 Survey;Lines and Grade GC 15 Site Conditions i GC 16 Subsoil Conditions I GC 17 Surface and Subsurface Water GC 18 Contractor Work Area GC 19 Contractor-Furnished Materials, Equipment and Workmanship GC 20 Protection of the Work and Property GC 21 Utilities GC 22 Delivery Unloading and Storage GC 23 Fire Protection I i GC 24 Illumination GC 25 Dust Control GC 26 Pollution Control GC 27 Explosives and Hazardous Materials GC 28 Labor GC 29 Safety GC 30 Progress GC 31 Inspection GC 32 Testing j GC 33 Substitution i GC 34 Correction of Defective Materials or Workmanship GC 35 Correction of Work GC 36 Owner's Right to Correct or Complete Work GC 37 Changes in Work j GC 38 Use of Completed Portions I GC 39 Cleaning Up GC 40 Basic Requirements Prior to Substantial Completion 26 i i GC 41 Final Inspection and Acceptance GC 42 Extension of Time GC 43 No Damages for Delay; Exclusive Remedy GC 44 Payment Procedure GC 45 Liens GC 46 Surety or Performance Bond GC 47 Insurance GC 48 Indemnity GC 49 Dispute Resolution GC 50 Owner's Right to Terminate Contract for Cause GC 51 Suspension or Termination by Owner for Convenience GC 52 Contractor Obligations Upon Termination GC 53 Removal of Equipment GC 54 Warranty i GC 55 Royalties and Patents GC 56 Verbal Agreements GC 57 Miscellaneous Provisions SPECIAL TERMS AND CONDITIONS 1-24 i I i I i i i i i 27 i i GC 1 DEFINITIONS (a) The"Owner",the"Contractor", and the"Engineer"are treated throughout the Contract as if each were of the singular number and masculine gender. (b) "Engineer" shall be used and shall be understood to mean the professional engineer or architect consultant retained by the County or the designed staff engineer of the Public Works Department of the County. I (c) "Subcontractor" includes only those having a direct contract with the Contractor, and it includes one who furnishes material worked to a special design according to the plans and specifications of 1 this work but does not include one who merely furnishes material not so worked. (d) The term"work"means the construction services required by the Contract Documents/this Agreement and requires all labor, materials and services to be provided by the Contractor to fulfill the Contractor's obligations under this Agreement. GC 2 EXECUTION CORRELATION AND INTENT OF DOCUMENTS: The Contract Documents shall be executed in two original sets by Owner and Contractor. The Contract j Documents,are complementary,and wherever possible the provisions of the documents shall be construed in j such manner as to avoid conflicts between provisions of the various documents. In the event of any conflict among the Contract Documents, the Documents shall be construed according to the following priorities: I First Priority: Specifications(quality) Second Priority: Drawings(location) Third Priority: Special Terms i Fourth Priority: General Terms and Conditions Fifth Priority: Contract Documents Sixth Priority Invitation to Bid Seventh Priority Contractor's Bid I In any event of inconsistency, however, the latest, and more stringent, or technical, or the greater quantity requirements shall control the work to be performed by the Contractor. CG 3 CONTRACTOR RESPONSIBILITIES. a) The Contractor shall be held liable to the Owner for the performance of all work provided for ! under this Contract. These specifications make no attempt to fix the scope of the work of any subcontractor nor the responsibilities of the subcontractors. b) Contractor shall provide all labor, materials, equipment, tools, construction equipment and machinery, heat, utilities, and other facilities and services necessary for the property execution and completion of the Work. i C) Contractor shall be solely responsible for all construction means, methods, techniques, sequences, procedures and safety programs in connection with the performance of the work. Contractor shall be solely responsible for the engagement and management of any subcontractors used to perform any portion of the work. d) The Contractor shall be-liable to the Owner for materials furnished. This shall include all materials whether manufactured and/or fabricated by other persons. In the event that an agent or other representative of the Owner approved the installation or erection of any item of material and the Contractor feels the same is not fabricated in good workmanlike manner,he shall forthwith advise the Engineer and the Owner thereof in writing. e) The Contractor shall provide for each of the following activities: (1) Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. (2) Maintain a roster of subcontractors will name and contact telephone numbers for key ' 28 I I personnel. (3) Provide a safety program for the project and conduct a safety meeting prior to commencing work. i f) Any disputes which may arise in this connection between the Contractor and any subcontractor must be settled between the parties concerned. The Owner will not undertake nor be in any way responsible for the settlement of such disputes. j GC 4 ENGINEER'S STATUS. a) The Engineer will provide observation of the Contractor's activities and progress of the work. The Engineer will make complete and thorough inspections of all construction,draft change orders, and verify and certify partial and/or final payments due to the Contractor. The Engineer may, during the life of the Contract issue additional instructions, by means of drawings,minor change orders or otherwise,necessary to illustrate changes in the work. b) The Engineer shall have authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract or to protect the public and/or property. He shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. C) The Engineer will make decisions in writing on all claims of the Contractor, and on all other matters relating to the execution and progress of the work or the interpretation of the Contract documents. All such decisions of the Engineer shall be final. GC 5 DESIGN, DRAWINGS AND SPECIFICATIONS. a) The Owner through the Engineer,or the Engineer as the Owner's representative,shall furnish plans and specifications which completely represent the requirements of the work as far as practical to be performed under the Documents and shall be true developments thereof. The Owner will be responsible for the adequacy and sufficiency of the plans and specifications. The Owner or Engineer will provide the Contractor with copies of all drawings and specifications, not to exceed four (4) complete sets, for the execution of the work. b) The specifications and the drawings accompanying them are intended to describe and provide for a finished piece of work;they are intended to be complementary and what is called for by either shall be as binding as if called for by both. The Contractor understands that the work shall be complete in every detail, notwithstanding every item necessarily involved is not particularly mentioned,and the Contractorshall be held to provide all labor and material necessary for the completion of the indicated work. C) The Contractor shall,immediately upon receipt of the drawings,check all drawings furnished and shall promptly notify Owner of any illegibility,errors,omission,defect or discrepancies discovered in such drawings and shall comment as appropriate upon construction feasibility and practicality. The Contractor shall perform work only in accordance with the permitted drawings and any subsequent revisions thereto. d) If the permitted drawings change the scope of the work,the Contractor shall notify the owner and Engineer within seven (7)days of receipt of the permitted drawings and such notification shall contain a written description of the change and its impact on the cost and schedule, if any. Failure to provide such notice within seven days shall be a complete waiver by the Contractor of all additional cost and time and Contractor shall perform the work at his expense and complete the work according to schedule and in no event shall Contractor recover delay or consequential damages. e) The Contractor shall keep at the work site one (1) copy of all permitted drawings and specifications kept current with all changes and modifications and shall at all times give the Owner, the Engineer and all trades performing at the project, access thereto. 29 GC 6 MATERIALS, LABOR, EQUIPMENT. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, services, transportation and other facilities necessary for the execution and completion of the work. Unless otherwise specified, all materials incorporated in the permanent work shall be new and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. GC 7 QUALITY ASSURANCE Contractor shall develop, implement and maintain a plan for the work which quality assurance and management and control of the construction services. Contractor shall maintain an adequate inspection system and perform such inspections as will assure that the work performed conforms to the requirement of the Contract Documents. CG 7 PERMITS AND FEES, All Permits or licenses necessary for the performance of the work or required by law or ordinance, including Building permits, shall be secured, maintained, and paid for by the Contractor, unless otherwise provided in the Special Terms. Contractor shall be responsible for all governmental fees, including but not limited to utility fees and connection fees. Owner shall be responsible for obtaining any necessary easements. For construction of a building, Owner shall be responsible for all County Construction Services plan and permit review fees GC 8 PROJECT MANAGER. The Contractor shall keep during the term of this Agreement a competent Project Manager and any necessary assistants,all satisfactory to the Engineer and Owner. The Contractor shall advise the Engineer,in writing,within ten (10)days after the date of Owner's issuance of a Notice to Proceed, the name and local address of the Project Manager who will be in charge of the project, together with amount of his authority to represent the Contractor,along with the Project Manager's cell phone number. The Owner and Engineer shall be able to reach the Project Manager at his cell phone number at all working hours. The Project Manager shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed on written request in each case. The Contractor shall give i sufficient superintendence to the work using his best skill and attention. If the Contractor,in the course of the work finds any discrepancy between the plans and.the physical conditions of the locality, or any errors or omissions in plans or in the layout as given by survey points and instructions, he shall immediately inform the Engineer and the Owner,in writing,and the Engineer will promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. Neither party shall employ or hire any employee of the other party without his consent. At any time Owner may request and Contractor shall replace the individual performing as Project Manager with an individual acceptable to Owner. GC 9 SUBCONTRACTORS AND SUPPLIERS. a) Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall furnish to the Owner in writing the names of the persons or entities(including those who are to furnish materials or equipment fabricated to a special design)whom the Contractor will engage as sub- contractors or suppliers for the Project. The Contractor shall not contract with a proposed person or entity to whom the Owner has made reasonable and timely objection in writing. The Contractor understands and agrees that the Contractor alone is responsible to the Owner for all of the work under the Contract and that any review of Subcontractors, Sub-subcontractors or suppliers by the Owner or Engineerwill not in any way make the Owner responsible to any Subcontractor or Sub-subcontractor or suppliers, nor will it make the Owner responsible for the actions or omissions of any Subcontractor or Sub-subcontractor or suppliers. b) By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract and Contract Documents, including but not limited to the insurance requirements for workers' compensation and general liability coverage. The Owner shall be named as an intended Third Party Beneficiary in all Subcontractor Agreements. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement,the benefit of all rights, 30 i remedies and redress against the Contractor that the Contractor, by the Contract Documents,has against the Owner. Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement,copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which maybe at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub- subcontractors. Contractor shall include in all subcontracts a provision requiring the Subcontractor to consent to an assignment of the subcontractor to the Owner. C) All subcontracts shall provide the following exact language" Sub-contractor"expressly waives any claims for damages which it may suffer by reason of delay caused by events beyond its'control, including delays claimed to be caused by the County or its Engineer and agrees that its exclusive remedy shall be an extension of its contract time." d) The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under contract conditions identical or substantially similar to these. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in GC 37-Changes in Work. The Contractor shall afford the Owner and separate contractor's reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. e) If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acknowledgment that the Owner's or separate contractors completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. GC 10 CONTRACTOR MEETINGS The Contractor shall, at its expense,attend any and all meetings called by the Owner to discuss the work under the Contract. The Owner, or its Engineer, will distribute typed minutes of each meeting to all attendees. GC 11 SCHEDULING. a) Within ten,(10) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the Owner and to Engineer a project schedule utilizing the Critical Path Method (CPM) graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Contractor proposes for each such activity to occur and duration(dates of commencement and completion,respectively) of each such activity. The construction schedule shall be complete in all respects, covering approvals, construction and Owner occupancy, in addition to activities and interfaces with other Contractors at the work site, offsite activities such as design, fabrication, an allowance for weather delays, submittals, procurement and jobsite delivery of Contractor furnished material and equipment. Contractor agrees to complete the work and Project in accordance with the agreed construction schedule as amended by duly executed change orders. b) At the end of each calendar month, Contractor shall update and/or revise the construction schedule to show the actual progress of the work performed and the occurrence of all events which have affected the progress of performance of the work already performed or will affect the progress of the performance of the work yet to be performed, in contrast with the planned progress of performance of such work. Each such update and/or revision to the construction schedule shall be submitted to the Owner and 31 i I Engineer. Failure of the Contractor to develop, update, revise, or submit the construction schedule(s) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall be sufficient cause to terminate the Contract or to withhold payment to the Contractor until a schedule or schedule update is submitted. C) The Contractor agrees that whenever it becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met the Contractor shall notify fy the Owner and Engineer of the potential schedule change within three(3)days of a commencement of delay or knowledge of a potential delay. Prior to requesting a time extension, Contractor shall execute some or all of the following remedial actions at Contractor's sole cost and expense: 1. Increase manpower as necessary to eliminate work backlog. 2. Bncrease the number of working hours per shift,shifts per working day,working days per week, construction equipment, or any combination of the foregoing to eliminate the I backlog. 3. Reschedule the work in conformance with specification requirements. I d) Neither the Owner nor the Contractor shall be considered to own the schedule.float time. GC 12 LIQUIDATED DAMAGES. If the actual completion date for substantial completion or final completion occurs later than the time indicated in the Special Terms or later than the scheduled completion date if a duly authorized change order for time is issued, liquidated damages in the amount(s) set forth in the Special Terms shall be paid by Contractor for unexcused delay in performance of the work.. Contractor agrees that Owner's actual damages in the event of unexcused delay are difficult to ascertain and therefore the parties agree that the sums established in the Special Terms are reasonably related to what damages Owner may suffer and are enforceable liquidated damages and not penalties. GC 12 SCHEDULE OF VALUES. Within ten(10)days after the date of the Owner's issuance of a Notice to Proceed, Contractor shall submit for review and approval of Owner and Engineer, a schedule of values, by phases of work, to show a breakdown of the Contract Price corresponding to the payment request breakdown and progress schedule line items. The schedule of values must also show dollar value for each unit of work scheduled. Change Orders are to be added as separate line items. i GC 13 LAND FOR WORK. I Contractor's access to the site and storage areas shall be as shown on the plans and as designated by the Owner. Access routes may also be used by County employees and other contractors. No other access points i shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel. The Contractor is responsible for immediate cleanup of any debris deposited along the access route as a result of its construction traffic. In the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to the Work under this Contract is to be done, Contractor shall comply with all such conditions or restrictions. Any delay in the furnishing of these lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion. Owner, and its duly authorized employees and representatives, and representatives of all governmental agencies having jurisdiction over work areas or any part thereof,shall, at all reasonable times, have access to such areas and the premises used by Contractor. Contractor shall also arrange for Owner,its representatives and employees, to have access at all reasonable times to all places where equipment or materials are being manufactured, produced or fabricated for use under the Contract. GC 14 SURVEY, LINES AND GRADE Unless otherwise specified, the Engineer shall furnish all land survey control points, base lines and benchmarks for the location of the work. The Contractor shall be responsible for the preservation of all lines, points, and elevations furnished and shall bear the expense of resetting same if Contractor or any of its subcontractors move or destroy or render inaccurate any such base lines, points and elevations. From the information provided by the Engineer,the Contractor shall develop and make all detail surveys and establish 32 lines and grades as required. The Contractor shall keep the Engineer informed as to his needs for base lines or bench marks in order that the same may be furnished and all necessary measurements made for the record with a minimum of inconvenience to the Engineer or delay to the Contractor. GC 15 SITE CONDITIONS. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the work and the general and local conditions, and particularly, but without limitation, with respect to the following: conditions affecting the transportation, access, disposal, handling and storage of materials; the availability, quantity and quality of labor,water and electric power;availability and condition of roads; climatic conditions; location of underground utilities; existing site conditions, topography and ground conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; and all other matters which can in any way affect eh performance of the Contract or the cost associated therewith. Contractor's failure to assess the site conditions will not relieve it from the responsibility for properly estimating the costs and schedule of performing the work. GC 16 SUBSOIL CONDITIONS. Unless otherwise stipulated in the plans and specification,no subsoil investigations have been made. The Contractor shall satisfy itself as to all subsoil conditions. GC 17 SURFACE AND SUBSURFACE WATER The control of surface and subsurface water by Contractor shall be permitted by the proper regulatory agencies, with copies submitted to Owner. Contractor shall immediately remedy any permit violations and shall be responsible for any fines or penalties assessed by such agencies for permit violations. CG 18 CONTRACTOR WORK AREA Contractor's work area on the job site will be assigned by Owner. Contractor shall confine its office, storage, assembly, equipment and parking to the areas so assigned. Should Contractor find it necessary to use any additional land outside the work site for any purpose,Contractor shall,at its expense, provide for the ' use of any such additional land. CG 19 CONTRACTOR-FURNISHED MATERIALS EQUIPMENT AND WORKMANSHIP Contractor shall provide and use on any work only such construction plant and equipment as are capable of producing the quality and quantity of work and materials required by the drawings and specifications within the established schedule. Only new,unused materials and items of recent manufacture, of designated quality, free from defects, will be accepted. Contractor shall, if requested, furnish evidence satisfactory to the Owner as to the kind and quality of materials. Contractor shall utilize lumber, timber and other forest products produced and manufactured in Florida when such products are available and their price, fitness and quality are equal to comparable products. Upon written order of the Owner, Contractor shall discontinue operation of unsatisfactory plant,equipment and/or facilities. Owner will be the final authority for determining conformance of workmanship, materials, equipment and systems with the requirements of the Contract. (255.20) Where Contractor supplied drawings are required for planning or performance of the work, such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such as field connections for property installation. Such drawings shall be submitted by and at the expense of Contractor. At least 21 days shall be allowed for review by Owner. If drawings show variations from the contract requirements,the Contractor shall describe such variations in writing at the time of submission. Review and permission to proceed by Owner does not constitute acceptance or approval of design details, calculations, analyses, test methods or materials develop or selected by the Contractor and does not relieve Contractor from full compliance with contractual obligations. Where samples are required, samples shall be submitted by and at the expense of Contractor. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into the work without such review. At least 21 days shall be allowed for Owner's review. The Owner or Engineer shall notify the Contractor of defective or unacceptable work if the Owner discovers such. No work defect in construction or quality, or deficient in meeting any requirement of the 33 Contract, drawings or specifications,will be acceptable regardless of Owner's failure to discover such defects during construction; nor will inspection by the Engineer relieve Contractor from ensuing the quality of the work as required by the Contract. No payment, whether partial or final, shall be construed as an acceptance of defective work or improper materials. GC 20 PROTECTION OF THE WORK AND PROPERTY The Contractor shall continuously maintain adequate protection of all work from loss,theft or damage from whatever cause,and shall take all reasonable precautions to protect the property of the Owner and third parties from theft, injury or loss arising in connection with this Contract. Contractor shall comply with the requirements of the Owner and its insurance carriers and all applicable laws, codes and regulations with respect to prevention of damage. Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the premises,which, as determined by Owner,do not reasonably interfere with the performance of the work. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all adjacent property in as good condition as it was prior to beginning of the Contract. All cost in connection with any repairs or restoration necessary or required as a result of damage shall be borne by Contractor. Where practical, Contractor shall erect a temporary fence around the work site. Contractor shall prepare and maintain accurate reports of incidents of loss,theft or vandalism and shall furnish these reports to Owner wither three (3)days of each incident. Until final acceptance of the work by the Owner,the Contractor shall have full and complete charge or and shall bear all risk of loss of, and injury or damage to, the work performed under this Contract, or any portion thereof, including materials, Owner-furnished supplies and equipment, from any cause whatsoever. Contractor shall rebuild, repair, restore and make good any damages, injury, or loss to the work and to the property of the Owner or third parties,except such as may be directly due to errors in the Contract documents which the Contractor did not or could not have discovered through due diligence, or caused by agents or employees of the Owner,unless such loss or damage would be covered by any policy of insurance maintained by the Contractor. GC 21 UTILITIES The Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas, including, but not limited to: construction power, water as required throughout construction, and telephone service,if needed. Prior to final acceptance of the work,Contractor shall,at its expense,remove all temporary utilities. Contractor shall conduct its operations so as not to damage,close or obstruct any utility installation, highway, road or other property until permits therefore have been obtained. GC 22 DELIVERY UNLOADING AND STORAGE Contractor shall, at its expense, receive,unload, store in a secure place,and deliver from storage to the construction site,all materials,plant and equipment required for the performance of the Contract. Material and equipment subject to degradation by outside exposure shall be stored in a weather-tight enclosure provided by Contractor at its expense. GC 23 FIRE PROTECTION All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor._ Contractor shall provide portable fire extinguishers, properly labeled,Located and compatible with the hazard of each work area and shall instruct personnel in their use. GC 24 ILLUMINATION When any work is performed when daylight is obscured or at night, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on satisfactorily and safely. GC 25 DUST CONTROL For the duration of the contract,the Contractor shall, at its expense, maintain all excavations, roads, plant sites, borrow areas and all other work areas free from dust. Code-required or industry-accepted 34 methods of dust control suitable for the area involved and approved by Owner will be permitted. GC 26 POLLUTION CONTROL Contractor shall,at its expense, perform its work so as not to discharge into the atmosphere, any body of water, the ground or groundwater,from any source, smoke,dust or other contaminants in violation of the laws, rules and regulations of all federal,state and local air and water pollution requirements. Contractor shall, at its expense,provide suitable facilities to prevent any such discharges. Contractor shall immediately report to Owner and appropriate authorities any spill of contaminant. GC27 DEBRIS DISPOSAL All debris shall be legally disposed of at licensed disposal site(s). GC 27 EXPLOSIVES AND HAZARDOUS MATERIALS Contractor shall obtain all required federal, state and local permits and licenses and shall be responsible for the safe and proper handling,transportation, storage and use of any explosive or hazardous material brought onto or encountered with in the site. The Contractor will notify the Owner immediately if explosive or hazardous materials are encountered on the site. Contractor shall maintain and post as necessary, Material hazard Data Sheets for all applicable hazardous materials used in the course of the work. In the event that hazardous material is improperly handled or stored by the Contractor or its sub-contractors, which results in contamination of the site,Contractor shall immediately notify the Owner and the appropriate governmental authority and shall take whatever action is necessary or desirable to remediate the contamination at the Contractor's sole cost and expense. Contractor shall indemnify and hold harmless the Owner from any expense, action or liability resulting from such contamination and remedial actions. GC 28 LABOR i Contractor shall employ only competent and skilled personnel to perform the work. Contractor shall,if requested by Owner,remove from the jobsite any personnel of Contractor who is determined by Owner to be unfit or working in violation of any provision of the Contract. Contractor and all subcontractors shall be bound by and comply with all applicable Federal, State and local laws regarding labor. All work performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to the Owner. GC 29 SAFETY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor will provide to each worker on the job site the proper safety equipment for the duties being performed by the worker and will not permit any worker on the job site who fails or refuses to use the safety equipment. The Contractor shall provide and maintain all necessary watchmen, barricades, warning lights, and signs and take all necessary precautions for the protection of all persons involved in the work, the public, and all employees or representatives of Owner. All work and all equipment, machinery, materials and tools shall be in compliance with and conform to all applicable laws, ordinance, rules and regulations. GC 30 PROGRESS During construction, Contractor shall keep a marked-up and up-to-date set of drawings showing as- built conditions on that site as an accurate record of all deviations between work as shown and work as installed. These drawings shall be available to Owner and Engineer for inspection at any time. During construction, Contractor shall keep a marked-up and up-to date set of specifications showing as-is conditions on the site annotated to clearly indicate all substitutions or product selections that are incorporate into the work.These specifications shall be available to Owner and Engineer for inspection at any time. If at any time Contractor's actual progress is inadequate to meet the requirements of the Contract, Owner may so notify Contractor who shall thereupon,at its expense,take such steps as may be necessary to improve its progress to meet the approved schedule. If within a reasonable period as determined by Owner, Owner determines that Contractor is not prosecuting its work with such diligence as will assure completion with the times scheduled, the Owner may declare a default of this Contract. 35 GC 31 INSPECTION. Engineer: The Owner may provide Engineering personnel for the observation of the work. The Owner, Engineer and their representatives shall at all times have access to the work whenever it is in preparation or progress,and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, applicable laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for observation and,if the observation is by another authority than the Engineer,of the date fixed for such observation. If any work should be covered up prior to any quality inspection or test by Owner or Engineer, it must, if required by the Engineer, be uncovered for inspection and properly restored at the Contractor's expense. GC 32 TESTING Unless otherwise provided in the Contract,drawings or specifications,shop testing of material or work shall be performed by the Contractor at its expense and in accordance with the technical specifications. Should tests in addition to those required by the specifications be desired by Owner,Contractorwill be advised in reasonable time to permit such additional testing at Owner's expense, unless additional tests are required due to Contractor's work or materials having failed any initial test. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation necessary to permittests to be performed on materials or work in place, including reasonable stoppage of work during testing. GC 33 SUBSTITUTION. The naming of a specified product'of specific manufacturers for equipment or materials under the various items of specifications or as shown on the plans shall be interpreted as establishing a minimum standard of quality and performance. It shall not be construed as eliminating the selection of other than the named equipment or materials equal to those specified, unless the materials are specifically designated as not permitting substitution. Prior to proposing any substitute item,Contractor shall satisfy itself that the item proposed is equal or better to that specified,that such item will fit into the space allocated,that such item affords comparable ease of operation , maintenance and service, that the appearance, longevity and suitability for the climate are comparable, that by reason of costs savings, reduced construction time or similar demonstrable benefit,the substitution of such item will be in Owner's interest and will in no way detrimentally impact the project schedule. The burden of proof that such an item offered is equal in all respects to that specified shall be the Contractor's. Contractor shall submit drawings,samples,data and additional information as may be required by Owner. All requests for substitutions,with supporting information,shall be submitted by and atthe expense of Contractor. At least 35 days shall be allowed for Owner's review. The Owner or its Engineer shall make the determination as to the acceptability of any substitution. Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all requirements of the Contractor. Contractor shall coordinate the change with all trades and bear the expense for any changes in other parts of the work caused by any substitution. Contractor may make only two requests for substitution in the same category and Contractor shall be invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitution requests, unless otherwise approved by Owner. ---- —- -- ------ ---- -- - - GC 34 CORRECTION OF DEFECTIVE MATERIALS OR WORKMANSHIP If any material,equipment or workmanship is determined by Owner,either during performance of the work,during final quality inspection or during the warranty period,to be defective or non in compliance with the specifications and the Contract,Owner shall notify Contractor in writing that such material,equipment or work is rejected and the Owner reserve the right to withhold payment on any such item. Contractor shall,at its own expense, immediately remove and replace or correct such defective material, equipment or work by making the same strictly comply with all requirements of the drawings, specifications and contract. If Owner or Engineer deems it inexpedient to correct work that has been damaged or that was not performed in accordance with the drawings,specifications and contract,an equitable deduction from the contract price shall 36 i be made for such work. i GC 35 CORRECTION OF WORK. j The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to meet contract requirements whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. Contractor further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the drawings and specifications for a period of one year from the final certificate of occupancy for the project(or equivalent)or for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the specifications Contractor shall commence final completion of nonconforming work and correction of the work within seven (7) days of written notice by the Owner and shall perform all such work in compliance with the objective standards commonly found in the construction industry of Indian River County, Florida. If the Engineer or the Owner deems it inexpedient to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. GC 36 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK. If the Contractor should neglect to prosecute the work properly or fail to correct nonconforming work or fail to perform any provisions of this Contract,the Owner may, after three(3)calendar days written notice and opportunity to cure to the Contractor,without prejudice to any other remedy Owner may have,make good these deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor GC 37 CHANGES IN WORK. The Owner, without invalidating the Contract, may order written additions to or deductions from the work,the Contract price being adjusted accordingly. The Engineer,with the consent of the County,will have authority to make minor changes in the work not involving extra cost,and not inconsistent with the purpose of the work. If the Contractor believes that a variation or change justifies a modification in the Contract price,the Contractor may submit a request for change order at its expense. If a request for change order is made, the Contractor is not authorized to vary the work unless a written Change Order or written Construction Change Directive is issued by the Engineer and executed by the Owner. No change order shall be valid unless executed by the authorized signatoy of the Owner. The Engineer is not authorized to bind the Owner to change in contract price or time. The Contractor shall notify the Engineer within seven (7) days of any occurrence which, in the opinion of the Contractor,entitles it to an adjustment of the Contract price or a time extension. The Engineer will respond to the request for change order within ten (10)days of receipt of the Contractor's notice. For the purposes of this paragraph,a day shall be defined as any business day, Monday through Friday, excluding holidays. The Engineer and Owner may issue an executed change order authorizing any changes in the Work,adjustments in the Contract price and extensions of time. Agreement on any Change Order shall constitute a final settlement and release by Contractor of all matters relating to the change in the work which is the subject of the Change Order, including,but not limited to,all direct and indirect costs associated with such change and any and all adjustments to the Contract price and the Contract time. If a change order is not yet approved or cannot be agreed upon, the Contractor is authorized, upon issuance of a written Construction Change Directive(CDD) prepared by the Engineer and approved by the Owner, to proceed with such change on a time and material basis plus ten percent(10%). The Contractor expressly acknowledges that commencing_work without a written Change Order or Construction Change Directive executed by Owner in advance of commencement of work waives any claim by Contractor to additional sums or time. Upon approval by Engineer and Owner as to any adjustments to the contract price and/or time for changes performed under a CDD,such approval shall be recorded by the preparation of a change order. The Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a change order. The Engineer shall have the authority to order minor changes in the work which do not involve adjustment to the Contract price or time and which are not inconsistent with the intent of the contract documents. 37 i A bond rider from the Surety shall be submitted to the County with each change order that increases the Contract price. GC 38 USE OF COMPLETED PORTIONS. The Owner shall have the right to take possession of and use any substantially completed portions of j the work. Such use by Owner shall not be construed as constituting final acceptance,and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any contract provisions; provided that the Contractor shall not be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use. However, if such use increases the cost or delays the completion of remaining portions of work, Contractor shall be entitled to an equitable adjustment under the contract. GC 39 CLEANING UP. Upon completion of any portion of the work,the Contractor shall remove at his own expense from the Owner's property all temporary structures, equipment and surplus materials not required for later stages of work, rubbish, and waste materials resulting from his operations. Contractor shall make its own arrangements, at its own cost,for disposal of rubbish and waste materials. The Owner reserves the right to retain any surplus or salvage materials. CG 40 BASIC REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION The following items shall be completed as a condition precedent to substantial completion and prior to a request by the Contractor for inspection for substantial completion. In the event the Contract does not define substantial completion, the following are also conditions for-final completion and acceptance: 1. All general construction completed and the project components shall be clean and all systems fully functional. 2. All mechanical and electrical work substantially complete, fixtures in place, connected, cleaned and ready for use. 3. All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled. I 4. Issuance of all permits and certificates, inspections, and other approvals and releases by governing authorities required for Owner's occupancy and use of the project. 5. Project site shall be cleared of Contractor's excess equipment and/or supplies and material. 6. All sets of operation and maintenance manuals for all equipment shall have been submitted, as referenced in the technical specifications. 7. Manufacturers' certifications and warranties shall be delivered to Owner. 8. All operations and maintenance manuals for all equipment shall be delivered to Owner. 9. All required spare parts,as well as any special devises and tools shall be delivered to Owner. 10. All keys and blanks shall have been provided. 11. Punch list of items required to render the construction services complete, satisfactory and acceptable to the Owner. If the Contract provides for a multi-phased or multi-structure project, a punch list must be developed for each phase or structure. Contractor shall arrange a joint site and project inspection(s) with Engineer for inspection for substantial completion and development of a punch list for the completion of construction services. Said punch list shall be prepared not later than thirty (30) days after the inspection for substantial completion. Punch list items recorded as a result of inspections for substantial completion shall be corrected by the Contractor prior to any request for final inspection_and acceptance. _ If substantial completion is not obtained at the inspection called by Contractor,for reasons which are the fault of Contractor, any additional cost to Owner for the Engineer or design professional for any subsequent inspections for the purpose of determining substantial completion shall be the responsibility of the Contractor and shall be assessed against the final payment application. GC 41 FINAL INSPECTION AND ACCEPTANCE The following items shall be completed as a condition precedent to a request by Contractor for final inspection: 38 i 1. Completion of all punch list items recorded from the substantial completion inspection. 2. A complete set of mylar or paper marked-up as-builts with RECORD or AS BUILT"clearly � printed on each sheet along with one copy on AutoCAD Civil 3D 2013 on State Plane Coordinates. Contractor shall accurately and neatly transfer all deviations from progress as-builts to final as-builts. As-built records shall include drawings signed and sealed by a registered land surveyor certifying the elevation and location of improvements. Certified drawings are to show locations, lines and grade of buried pipe line four(4)inches or larger in diameter and exterior to buildings,and other buried facilities(e.g.valves,tanks,vaults,storm inlets, ducts, etc.)installed or discovered as a result of the work. Certified drawings are to show building corners, sidewalks, paved areas and the location of all above ground structures within the project site. Contractor shall sign each final record drawing and note thereon that the final as-builts are complete and accurate. 3. A complete set of marked-up specifications with"RECORD"or"AS-BUILT"clearly printed on the cover. Contractor shall accurately and neatly transfer all deviations from progress specifications to final as-builts. 4. A signed and notarized affidavit indicating that no asbestos containing materials were used or installed during the course of the work. I 5. A list of each piece of equipment having an individual value of$500 or greater. The list shall include, at a minimum, the name, make and model number, quantity installed, value of equipment. i Contractor shall inform Owner in writing that work is ready for final inspection. The Engineer will, within five (5) business days, make such inspection. When Engineer finds the work acceptable under the Contract and all contract terms and conditions fully performed, Engineer shall issue a Final Certification to Owner. GC 42 EXTENSION OF TIME. The time limit for the completion of the work as described in the Contract is of the essence of this Contract. Contractor must request an extension of the contract completion date in writing and must provide the following information within seven(7)days of commencement of the delay. Contractor acknowledges that the evaluation of time extensions will be based on the following information: 1. All schedule updates,submittals and other conditions of the Contract have been met; 2. The delay is beyond the control of the Contractor and subcontractors and due to no direct or indirect fault of the Contractor. 3: Nature of the delay. 4. Dates of commencement/and end of delay. 5. Evidence that the delayed work results in a direct delay to the schedule critical path. 6. List of tasks/work affected by the delay. 7. Anticipated extent of delay. 8. Recommended action to minimize delay. 9. The Contractor has used all the float time available for the work involved in the delay request. Time extensions for weather delays will only be considered if all float time is exhausted prior to the weather occurrence. Failure of Contractor to timely request a time extension constitutes a waiver by Contractor and a denial.of a time extension. If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner,or if any employee of the Owner or by any separate Contractor employed by the Owner or by any changes ordered in the work, by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control or by delay authorized by the Owner pending resolution of disputes,and such delay extends the Project completion date, Substantial Completion shall be extended by Change Order for such reasonable time as the Owner may determine. GC 43 NO DAMAGES FOR DELAY: EXCLUSIVE REMEDY. The Contractor expressly agrees that a change order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims(hereinafter collectively"delay")or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by the Owner, Engineer, or agents of either, and waives claims for any and all damages which it may suffer by 39 i i i reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an I extension of time is the Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to the Contractor as compensation for damages for any delays in the work, whether such delay be avoidable or unavoidable. f GC 44 PAYMENT PROCEDURE. i GC 44.1 Contractor's invoices shall reference the bid number. Submittals of estimates and invoices for payment must be directed to: Indian River County—Engineering Division. The County will not be responsible for any delay in payment at the County if Contractor submits his estimate and j invoice to any other address. GC 44.2 Initial Payment. Prior to submittal of its initial payment request, Contractor shall have submitted the following items to the Engineer: j i 1. List of Subcontractors and suppliers 2. Project schedule 3. Schedule of values 4. All current certificates of insurance 5. Designation of Contractor's Project Manager j u GC 44 3 Progress Payments. Not more than once each month,the Contractor shall prepare and submit a detailed estimate and payment request on the Contractor's Application for Payment ' provided in Section 00622,covering the percentage of the total amount of the Contract which has been completed from the startof the job up to and including the last day of the preceding month,together with such supporting evidence as may be required by the Owner and/or the Engineer.This estimate shall also include the cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. Partial Release(s)of Lien and Subcontractor Utilization Report shall be submitted with each payment requisition to verify payment(s)to subcontractors and material suppliers. GC 44.4 In accordance with the Local Government Prompt Payment Act, until the Project is determined to be 50% complete, the Owner shall withhold retainage of ten percent(10%) from each progress payment pay to the Contractor based on the Contractor's estimate and invoice as approved by , the Engineer. It is agreed that the Engineer shall have the right to finally determine the amount currently ; due to the Contractor. GC 44.5 After the Project is determined to be 50% complete, the Owner shall withhold retainage of five percent (5%) from each progress payment pay to the Contractor based on the Contractor's estimate and invoice as approved by the Engineer. It is agreed that the Engineer shall have the right to finally determine the amount currently due to the Contractor. Contractor may present to Owner a payment request for up to one-half of the retainage held by Owner. If Owner has grounds under Florida law to continue to retain all or a portion of the requested retainage, Owner may continue to hold i such retainage. I i GC 44.5 Final payment may be made to certain select .Sub-contractors whose work is ---satisfactorily-completed-priorto-the-total-completion-ofthe-Projectbut-on lyupon advance written-approval --------- of the Owner and Surety. GC 44.6 If there remain items to be completed,the Contractor and Owner shall list those items required for completion and the Contractor shall require the retainage of a sum equal to 200% of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. GC 44.7 The Contractor shall timely pay and not withhold payments to Sub-Contractors if such payments have been made to the Contractor Should this occur for any reason, the Contractor shall 40 i I i immediately return such monies to the Owner, adjusting pay requests and project bookkeeping as required. GC 44.8 Substantial Completion. Following determination by the Engineer of substantial completion,Contractor shall separately list each item of the punchlist required forfinal completion and the estimated cost of completing each item. Provided all pre-requisites for substantial completion have been met, Contractor may submit a special payment request along with the cost list for unfinished work. The County may retain a sum equal to 150%of the estimated cost of completing the unfinished items. GC 44.9 Final Payment. In case of disputed indebtedness or liens the Contractor may submit , in lieu of evidence of payment a surety or Performance Bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by a Surety or Performance bond. Upon issuance of a Final Certification by Engineer, and completion of all of the following items,Contractor may submit its final invoice. 1. Notarized and corporate sealed Final Release of Liens from all sub-contractors and suppliers. 2. Notarized and corporate sealed Final Release of Liens from Contractor. 3. Consent of surety for final payment. 4. All pre-requisites for substantial completion and final completion have been met. The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled. GC 44 10 Withheld Payments. The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect Owner if: a. Defective work or material is not remedied. b. Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties against the Contractor. C. Failure of the Contractor to make payments to sub-contractors or for material or labor. d. Damage to another Contractor. e. Contractor is in default of any contract condition. f. Contractor fails to submit information required by this Contract. g. Contractor consistently fails to perform work in accordance with the Contract Documents. h. Owner has reasonable doubt that Contract work can be completed within the schedule or for the balance of the Contract price which remains unpaid. I. Contractors insurance coverage lapsed. j. Owner has a right to claim liquidated damages. When the above grounds are removed or the Contractor provides a Surety or Performance Bond satisfactory to the-Owner,—which-will-protect-t-he-Owner-in-the-amoui*wit-h-held p-payment-shall-be-made-fflr-amount withheld because of them. GC 44.11 The provisions of the Local Government Prompt Payment Act, Section 218.70 et seq, Fla. Stat., are incorporated by reference herein. The Act provides payment due dates, addresses, interest and payment dispute resolution. GC 45 LIENS. 41 Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the Owner complete releases of all claims or liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials forwhich a lien or claim could be filed; but the Contractor may, if any sub-contractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify the Owner against any claim or lien(in cases where such payment is not already guaranteed by Surety or Performance Bond). If any claim or lien remains unsatisfied after all payments are made,the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's fee. GC 46 CONSTRUCTION PERFORMANCE BOND. (if required) (A) In accordance with the provisions of Section 255.05, Florida Statutes,the Contractor shall provide to the Owner,on forms furnished by the Owner,a Public Construction Bond ("Bond")each in an amount not less than the total Cost of the Project as defined in Article Il. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover,Contractor agrees that the following language shall be expressly included within the language of its Performance Bond: "Surety expressly agrees to be bound by all terms and conditions relating to liquidated,delay and time or impact related damages,and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law." (B) Contractor's Surety agrees, moreover,to be bound by all terms and conditions related to delay and liquidated damages. Except as otherwise agreed to in writing,the Contractor's Surety waives all rights against the Owner and any of its agents and employees, for damages or other causes of loss by j Contractor's Surety performance of its obligations under the performance bond, including claims by I Contractor's Surety against the Owner for costs it asserts were not warranted by these Contract Documents and excluding only such rights as they have to proceeds of such insurance held by the Owner as fiduciary. This waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the bond premium directly or indirectly, and whether or not the person or entity had an insurable or suretyship interest in the property allegedly damaged. (C) To be acceptable to The Owner of as Surety*for this Project,a Surety Company i shall comply with the following provisions: (1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The Surety Company shall have currently valid Certificate of Authority issued by the United States - Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. (3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to Proposal is issued (5) The Surety Company shall have at least the ratings of A-Class V in the latest issue of Best's Key Rating Guide. (6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: (a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of 42 i Insurance to do business in this state have been met. (b) In the case of the surety insurance company,in addition to the deduction for reinsurance,the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. GC 47 INSURANCE. 1. The Contractor shall maintain and pay for such insurance, issued in the name of the Owner and naming the Owner as an Additional Insured, with such coverages as will protect the Owner from j contingent liability under the Contract, as set forth in the Special Conditions 2. Coverages. See Special Conditions. 3. The Certificate of Insurance and policy endorsements or riders shall name the County as "ADDITIONAL INSURED"with respect to'all Liability coverages. Contractor shall provide evidence of continued coverage in the event of renewal or policy termination. Owner may withhold payment to Contractor until evidence of insurance coverage is received. 4 . These insurance requirements shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under the Contract. 5, The Contractor shall be entirely responsible for securing Certificates of Insurance coverage as set forth above from all subcontractors who are engaged in the work. GC 48 INDEMNITY. Contractor agrees to protect,defend,reimburse,indemnify and hold the Owner, its agents,employees and elected officers and each of them(collectively),free and harmless at all times from and against any and all claims, liability,expenses, losses,suits, costs,fines and damages, including attorney fees and costs, and causes of action of every kind and character against the Owner by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or incident to or in connection with Contractor's performance under this Contract, Contractor's acts, omissions or operations hereunder, the site conditions, or the performance, non-performance or purported performances of the Contractor or any breach of the terms of this Contract;to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons or entities employed or utilized by Contractor in its performance. (§725.06 F.S.) GC 49 DISPUTE RESOLUTION. Final Completion. Notwithstanding any other provision,the parties agree that any unresolved dispute regarding the punch list or any other requirement for Final Completion shall be mediated with the Engineer as the mediator. i Waiver of Arbitration. The Owner and Contractor agree expressly waive any and all provisions regarding arbitration, including any and all provisions regarding arbitration as a condition precedent to litigation contained elsewhere in any Contract Documents. i GC 50 OWNER'S RIGHT TO TERMINATE CONTRACT FOR CAUSE. If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to maintain an established schedule(30 days behind a critical path activity), to supply enough properly skilled workmen or proper materials;or if he should fail to make prompt payments to subcontractors orfor material or labor or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise fails to conform to the Contract requirements or abandons or refuses to perform any work, Owner may without prejudice to any other right or remedy,and after giving the Contractor and its Surety seven (7)calendar days 43 I i written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon,and finish the work by whatever method Owner may deem expedient. In such case,the Contractor shall not be entitled to receive any further payment until Contractor cooperates with Owner and complies with all reasonable requests regarding the terminated work,the work is finished nor shall it be relieved from its obligations. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services,this excess shall be paid to the Contractor. Reasonable termination expenses incurred by the Owner may be deducted from any payments left owing the Contractor(excluding monies owed the Contractor for subcontract work).If the Contractor's surety is directed or agrees to complete the Work, then all payments due after termination shall be made to the Surety until the Work is finished and the Contract price has been expended. The Surety shall then be responsible for ail of the obligations and duties of the Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Contract and the Bond to fulfill all obligations of the Contract Documents for the Contract price in effect as of termination. The Surety may not assign those obligations without the written consent of the Owner. The Surety shall be responsible for the payment of all costs relating to the termination of the employment of the Contractor. Contractor and its surety shall be jointly and severally liable for all costs in access of the Contract price for completion of the work and for liquidated damages. If, upon termination for cause it is determined that Contractor was not in default,the rights and obligations of the parties shall be as if the notice of termination has been issued for the Owner's convenience. GC 51 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE. 1. The Owner may, at any time, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in partfor such period of time as the Owner may determine,or to terminate all or a portion of the Contract for the Owner's convenience. Upon such termination,Contractor waives any claim for damages, including loss of profits. Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect. If the Owner orders a suspension, the Contract price and Contract time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or that an equitable adjustment is made or denied under another provision of this Contract. GC 52 CONTRACTOR OBLIGATIONS UPON TERMINATION. Upon receipt of written notice from the Owner of termination,the Contractor shall cease operations as directed by the Owner in the notice; take actions necessary, or that the Owner may direct, for the protection and preservation of the work; and except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders;and turn over all marked up drawings and specifications showing progress to date. The Owner may assume and become liable at is sole discretion for obligations, commitments and unsettled contractual claims that the Contractor has previously undertaken or incurred in good faith in connection with said Project. Owner shall reimburse the Contractor for any unpaid and earned Cost of the Project as of the date of termination, less damages or setoffs applicable under the Contract Documents. The Contractor shall, as a condition of receiving the payments referred to herein,execute and deliver all such.papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Contractor under such obligations or commitments. GC 53 REMOVAL OF EQUIPMENT. In the case of termination of this Contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the Owner, shall promptly remove any part or all of its equipment and supplies from the property of the Owner, failing which the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor. GC 54 WARRANTY. Contractor shall warrant that all materials and equipment included in such Work will be new except where indicated otherwise in Contract Documents, and that such work will be of good quality, free from improper workmanship and defective materials and in conformance with the drawings and specifications. 44 i Contractor warrants all equipment, materials and labor furnished under this Contract against defect in design, materials and workmanship for a period of twelve(12)months from Final Payment,unless longer warranties are provided in the Contract Documents in which case the longer period prevails. The Contractor shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. Notwithstanding any provisions in the Contract Documents to the contrary,this express warranty shall commence on the date the Owner obtains the final certificate of occupancy for the Project (or equivalent).The Contractor shall conduct,jointly with the Owner,a warranty inspection nine(9)months after the date of Final Completion. Upon receipt of Notice from the Owner of failure of any part of the guaranteed equipment or materials during the guarantee period, the defective parts or materials shall be replaced promptly with new parts or materials by the Contractor, at no expense to the Owner. GC 55 ROYALTIES AND PATENTS. The Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall defend and hold Owner and its representatives harmless from and against all claims, losses, costs, damages and expenses, including attorney fees in connection with any claims or actions based upon infringement of any patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor under the Contract. The Owner shall be responsible for all such loss when a particular process or the product of a particular manufacturer, or manufacturers, is specified; but if the Contractor has information that the process or article specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC 56 VERBAL AGREEMENTS. No verbal agreement or conversation with any officer,agent or employee of the Owner either before or after execution of this Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. All contract amendments or change orders shall be written and executed by both Owner and Contractor. GC 57 MISCELLANEOUS TERMS. i GC 57.1 Headings. The headings contained in these General Terms and Conditions are provided for convenience only. GC 57.2 Integration This Contract constitutes the entire agreement between Contractor and the Owner and supersedes all prior verbal and written agreements,understandings,negotiations and discussions between the parties hereto. The invitation to Bid and its terms and conditions are incorporated herein and made a part of this Contract. No verbal agreement or conversation with any officer,agent or employee of the Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. GC 57.3 Severability. The invalidity, illegality or unenforceability of any provision of the Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and the Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable provision is not contained herein. GC 57.4 Assignment. The Contractor shall not assign the Contract as a whole or in part without the written consent of the Owner, nor shall the Contractor assign any monies due or to become due to him hereunder without the previous written consent of the Owner and its surety. Assigning the Contract shall not relieve the Contractor or his surety from any contract obligations. GC 57.5 Specific Waiver. Any waiver issued by the Owner of any provision of the Contract Documents shall only be effective if issued in writing by the Owner and shall be specific, shall apply only to the particular matter concerned, and shall not apply to other similar or dissimilar matters. Either party's failure to enforce strict performance of any covenant, term, condition, promise, agreement or undertaking set forth in the Contract shall not be construed as a waiver or relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time in the future. 45 I I I I i I I i I GC 57.6 Public Entity Crimes. By executing a Contract with Owner, Contractor certifies, in accordance with F.S.287.133,that Contractor,its affiliates,suppliers,subcontractors and consultants who will perform under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately I preceding the date of the Invitation to Bid. GC 57.7 Compliance with Laws. Contractor shall comply with all applicable County,State and Federal laws relating to the provision of services under this Contract, now or hereafter in effect. Contractor shall comply with all applicable County, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees,now or hereafter in effect. It shall not be grounds for a change order that Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the work. GC 57.8 Small Business Requirements. Contractor shall comply with the County's Small Business Ordinance set forth in Chapter 66 of the County Code, which is incorporated herein by reference. GC 57.9 No Solicitation. Contractor has not employed or retained any person employed by the Owner to solicit or secure the Contract and it has not offered to pay,paid,or agreed to pay any person employed by the Owner any fee,commission percentage, brokerage fee,orgift of any kind contingent upon or resulting from the award of this Agreement. i GC 57.10 Non-Collusion. Contractor certifies that it has entered into no agreement to commit a fraudulent,deceitful, unlawful or wrongful act,or any act which may result in an unfair advantage over II other bidders or contractors. (F.S.838.22) GC 57.11 Equal Employment Opportunity; Non-Discrimination. Contractor will not discriminate against any employee or an applicant for employment because of race, color, religion, sex, national origin or handicap. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to race, color, religion, sex, natural origin or handicap. i GC 57.12 Apprentices. If the Contractor employs apprentices on the project, the behavior of the Contractor and the Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established i by the Division of Labor of the State of Florida Department of Labor and Employment Security. The Contractor will include a provision similar to the foregoing sentence in each subcontract. GC 57.13 - Unauthorized Aliens. The Owner shall consider the employment by Contractor or its subcontractors, any alien not authorized to work by the immigration laws or the Attorney General of the United States. Such violation shall be cause for unilateral cancellation of this contract. GC 57.14 Right to Audit. Contractor shall maintain adequate records of the services for at least three(3)years from project occupancy. Owner,during Contractor's business hours and with at least 24 hours prior notice to Contractor,shall have the right to audit the Contractor's books and records,at the Owner's expense,with regard to the accounts and services provided to or on behalf of the Owner hereunder to ensure that all aspects of the Contract are being met. Failure by Contractor to permit such audit shall be grounds for termination of this Agreement by the Owner. GC 57.15 Independent Contractor. Contractor represents that it is properly experienced, licensed,equipped and financed to perform the work. Contractor acknowledges and agrees that it is an independent contractor of the Owner and is not an employee of the Owner and shall maintain control over its employees, subcontractors and work methods. Contractor more specifically acknowledges that it: will not be eligible to participate in any employee benefit maintained by the Owner;will not be covered by the Owner's workers'compensation insurance;and will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment 46 I i i r i and disability taxes due in respect of all compensation and/or other consideration paid by the Owner to Contractor hereunder. GC 57.10 Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose. GC 57.16 Litigation. In the event suit is filed to construe or enforce this Agreement, the prevailing party in such suit shall be entitled to an award of all costs and expenses incurred in connection therewith, including, but not limited to, reasonable attorneys'fees and costs through trial and appeal. I GC 57.17 Governing Law:Venue. This Agreement shall be construed and interpreted,and the rights of the parties hereto determined, in accordance with Florida law. The Owner and Contractor submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit filed in I Florida based upon improper venue or forum nonconveniens. i GC 57.18 Notices. All written notices and other communications required or provided for under this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier,or hand delivered to the following address and person bearing the following title for each party hereto or such other addressee or person as shall be designated by a party in a written notice given in the manner required hereby: to Owner: Indian River County to Contractor: [to Contractor at the address listed on the first page of this Contract to the attention of the Project Manager] GC 57.19 Taxes. Contractor shall pay all taxes,duties and assessments imposed by law and applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall pay all sales taxes. The Contract price shall include all taxes. GC 57.20 Public Records. Contractor shall comply with Chapter 119, Florida Statutes, regarding access to public records, Failure of compliance may be grounds for termination by the I Owner. I i SPECIAL TERMS AND CONDITIONS 1. _GENERAL INFORMATION I I The original and one(9)copy of your bid shall be submitted to Purchasing Division at the time and date specified.At the designated time and place, the County Procurement Official or designee will publicly open the bids.These documents constitute the complete set of specification requirements and bid forms. It is the responsibility of the bidder to insure that all pages are included.Therefore,all bidders are advised to closely examine this package.Any questions regarding the completeness of this package should be immediately directed to the Purchasing Division. ALL BID PROPOSALS MUST BE SUBMITTED ON THE FORMS PROVIDED FOR BID PROPOSALS. 47 i i i BID PROPOSALS ON VENDOR LETTERHEAD/QUOTATION FORMS WILL NOT BE ACCEPTED. �I All bid proposals must be typed orwritten in ink,and must be signed in ink by an officer or employee having authority to bind the company or firm. SIGNATURES ARE REQUIRED WHERE INDICATED, FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF BID. i Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be ' i examined during normal working hours, after bid opening, by appointment only. i Time is of the essence and any bid received after 2:00 P.M.on Wednesday, November 16, 2016 whether by mail or otherwise,will be returned unopened.The time of receipt shall be determined by the time clock located in the office of the Purchasing Manager. Bids shall be placed in a sealed I envelope, marked"BID ENCLOSED"with the Project Title, Bid Number, and name and address of the Bidder. Bidders are responsible for insuring that their bid is stamped by Purchasing Office personnel by the deadline indicated. The County shall in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or facsimile shall not be accepted. For information concerning this bid, please contact: Indian River County, Purchasing Division 180027th Street Vero Beach;Florida 32960 ' i 2. REJECTION OF BIDS I The Purchasing Manager reserves the right to reject any or all bids, in whole or in part,and to waive any informality in any proposal. Additionally, proposals may be considered irregular and may be rejected if the proposal: 1) does not strictly conform to the requirements of the bid; 2) shows i omissions; 3) bid form is altered;4) additions are added which were not called for; 5) is conditional; 6) the unit prices are, in the opinion of the County, unbalanced either in excess or below the j reasonable cost analysis values; 7)abandonment of the project; and 8) bids are over the approved budget for the project. I 4 48 I it 3. BIDDER'S UNDERSTANDING Bidders shall make all investigation necessary to thoroughly inform themselves regarding the bid, including visiting the work site to ascertain by inspection pertinent local conditions such as location, character and accessibility of the site,availability of facilities, location and character of existing work within or adjacent thereto, labor conditions, etc.The County shall make available to all prospective Bidders, prior to the receipt of bids, any available information that may be requested by Bidders. Any such data will be distributed to all prospective bidders as the best factual information available, without presumption of responsibility for its accuracy or for any conclusions that the bidder may draw there from. The Bidder shall accept the site or sites in their present condition. 'I 4. INSPECTION OF FACILITIES It is the bidder's responsibility to become fully informed as to the nature and extent of the work ! i required and its relation to any other work in the area, including possible interference from other site activities. Arrangements for bidder's inspection of facilities and/or activity schedules may be secured from the Project Engineer Michael D. Nixon, P.E. at (772) 226-1986. Failure to visually inspect the facilities shall be cause for rejection of your bid. 5. LEGAL REQUIREMENTS I Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. r (1) In compliance with Florida Statute (Section 287.087) attached form "Drug-Free Workplace Certification" should be fully executed and submitted with bid response. 2 The Uniform Commercial CodeStatutes Chapter 2 ( ) (Florida( pt r 67 )shall prevail as the basis for contractual obligations between the awarded contractor/vendor and the County for any terms and conditions not specifically stated in the Invitation for Bid. (3) The obligations of the County under this award are subject to the availability of funds lawfully appropriated for its purpose. I i 49 I I (4)This Invitation for Bid shall be included and incorporated in the final award. The order of contractual precedence will be the purchase order or price agreement release, bid document (original Terms and Conditions), and response. Any and all legal action necessary to enforce the award will be held in the County and the contractual obligations will be interpreted according to the laws of Florida. 6. CERTIFICATION LICENSES AND PERMITS Vendor must include with his bid a copy of all applicable Certificates of Competency issued by the State of Florida or the Indian River County and a current Business Tax Receipt for Indian River County in the name of the vendor shown on the bid proposal page. If awarded contract,vendor will be required to obtain a Business Tax Receipt for the County. It shall also be the responsibility of the vendor to submit, prior to commencement of work, any and all permits required to complete this contractual service at no additional cost to the County. ' 7. SUBCONTRACTING If a vendor subcontracts any portion of a contract for any reason, he must include, in writing, the name and address of all Minority and Non-Minority subcontractors, their telephone numbers and extent of work to be performed. This information shall be submitted with bid proposal on the Schedule of Subcontractors. All Small Business Enterprise subcontractors must be listed on the Statement of Small Business Subcontractor Participation and this information submitted with bid proposal. The County reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The County reserves the right to inspect all facilities of any subcontractor in order to make a determination as to the foregoing. 8. FEDERAL AND STATE TAX i The County is exempt from Federal Tax and State Tax for Tangible Personal Property. The Procurement Official will sign an exemption certificate submitted by the successful bidder. Vendors or contractors doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any Vendor/Contractor be authorized to use the County Tax Exemption Number in securing such materials. 50 9. EEO STATEMENT Equal Opportunity: The County believes in equal opportunity practices which conform to both the spirit and the letter of all laws against discrimination and is committed to nondiscrimination because of'race, creed, color, sex, age, or national origin. 10. CONFLICT OF INTEREST The award hereunder is subject to provisions of State Statutes and County Ordinance. All bidders must disclose with their bid the name of an officer, director, or agent who is also an employee of Y 9 the County. Further, all bidders must disclose the name of any County employee who owns, directly or indirectly, interest of ten percent (10%) or more in the bidder's firm or any of its branches. 11. BID PROPOSAL COST Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety(90)days from the date of bid opening or time stated in special conditions. 12. ERRORS/ERASURES/CORRECTIONS BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER. In the event of extension error(s), the unit price will prevail and the bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the bidder's total will be corrected accordingly. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost of bid evaluation purposes unless otherwise specified in special conditions. Bidders should reflect any discounts to be considered in the unit prices bid. 13. POSTING OF AWARD TABULATIONS Recommended awards will be posted for review by interested parties,at the Procurement Division, prior to submission through the appropriate approval process,and will remain posted for a period of five (5) calendar days. Bidders desiring a copy of the bid tabulation of the Invitation for Bid may request same be enclosing a self-addressed, stamped envelope with their bid. 51 i i 14. ADDENDUM No interpretation or changes to the meaning of the Sealed Bid will be made to any Bidder, except by written addendum. I All questions regarding this bid should be submitted in writing and must be received no later than ten (10) calendar days prior to the closing date for bid submittal, addressed to; Indian River County Jennifer Hyde, Purchasing Manager 1800 27' Street Vero Beach, Florida 32560 purchasing a@ircgoy.com All questions will be answered via addenda in a questions and answer format. 15. ACCEPTANCE/REJECTION The County reserves the right to make the award to the bidder to the lowest responsible and responsive bidder. The County also reserves the right to reject the bid of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award. The County reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re-bid. 16. SELECTION OF BIDDER WITH WHOM TO CONTRACT Selection will be based on the lowest responsible and responsive bidder. The ability to meet the County's construction schedule requirements will be a factor in determining responsiveness, along with the ability to meet all other requirements in the Invitation to Bid. The County reserves the right to determine whether the based bid construction schedule or the alternate construction schedule best fit the County"s needs and budget. 17. PROTEST PROCEDURE Protest procedures are provided in Section 8.1.13 of the County Purchasing Manual. Any actual or prospective Bidder who is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Manager. The protest shall be submitted in writing within seven (7) calendar days after such aggrieved person knows or should have known the facts rise thereto. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. 52 18. WARRANTIES The Contractor shall be required to provide a written one (1) year warranty covering all labor, equipment, and materials provided. If required, as specified elsewhere in these documents, the Contractor shall furnish to the County a Public Construction Bond in the amount of 100% of the contract value at time of signing contract. 19. BID BONDS/DEPOSITS Each bid must be accompanied by a Bid Bond or Deposit in a sum of not less than five percent(5%) of the total bid. Bid Bonds and deposits amounting to less than one hundred dollars need not be submitted. All checks should be made payable to the County. If the successful bidder fails to deliver as indicated in the Special Terms and Conditions,does not conform to specifications or fails to perform as agreed upon, the County shall be entitled to retain the deposit to rectify the bidder's unacceptable performance. The only types of acceptable surety will be: 1. Bid Bond signed by a surety company authorized to do business in the State of Florida. 2. Cashier Check. 4. U.S. Postal Money QFdeF. The County reserves the right to hold the bid security of the three (3) best value bidders until the contract is properly executed. Bid deposits of other unsuccessful bidders will be returned after award of the contract. 20. PRE-BID SITE INSPECTION AND PRE-BID CONFERENCE SITE INSPECTION - NONE PRE-BID CONFERENCE—MANDATORY—Thursday, October 27. 2016 at 10:00 A.M. in the first floor conference room Al-303 of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida 32960. 21. TIME OF COMPLETION AND LIQUIDATED DAMAGES BASE BID—TIMEFRAME The work to be performed as part of the BASE BID project timeframe shall commence on the date of the written notice to proceed given by the County, which is anticipated to be issued on TBD. All work that is to be performed as part of this contract shall be substantially completed by the 120th day and totally 100%completed by the 150th day,with such extensions of time in calendar days as are provided for in the General Terms and Conditions outlined below. If said work is not substantially completed within the specified timeframes listed above, the contractor shall be liable and hereby agrees to pay the owner as liquidated damages, and not as a penalty, the sum of$1,099.00 dollars per calendar day between the date Substantial Completion 53 I of the work is achieved and the Final 100% Completion date and or Acceptance by the County for each and every day or part of a day thereafter that said work remains incomplete. 22. SPECIAL PROVISIONS i The Contractor shall comply with the following special provisions as part of the contract for the 431d Avenue Sidewalk Improvements Project: (1) (A) BASE BID-TIMEFRAME i The total time for the project construction.will commence with a Written Notice to Proceed from the County that is anticipated to be issued to the Contractor on TBD with the project being substantially completed by the Contractor on the 1201'' day and totally 100% completed by the Contractor on the 150t1 day. i (B) CPM SCHEDULE AND NARRITIVE I The Contractor shall submit to the County as part of his bid submission, a detailed construction schedule in CPM format outlining the proposed progress of the work to be performed by the Contractor and his subcontractors for the BASE BID — TIMEFRAME. The Contractors CPM schedule for the BASE BID—TIMEFRAME shall include but r not be limited to the demolition phasing dates of the work,manufacturing dates of all components, all phasing dates of the total work required for each component to be manufactured and installed, the start and completion dates for each phase of the individual components to be installed, street closure dates and durations including the start and completion dates of each phase. In addition to the CPM schedule for the BASE BID—TIMEFRAME, the Contractor shall submit, in narrative format, a detailed description of the means and methods for the Contractor's work including but not limited to the mobilization and demobilization of all equipment and materials, the demolition sequencing of the work, the individual phasing sequencing of each component manufacturing and installation, the Contractor's proposed manpower and equipment allocations and I commitments for each phase of the work,the Contractor's proposed work hours for I each day to be worked, the phasing of road closures with their closure dates and durations, work sequence and days of the week the Contractor and his I subcontractors will require from the County to complete the work within the time frames of the BASE BID—TIMEFRAME. The CPM schedules for the BASE BID—TIMEFRAME and narrative approach for the project will be used by the County in determining the best value in awarding the construction contract. The contractor will not be allowed to change his submitted CPM schedule for the BASE BID—TIMEFRAME prior to and or after the Award of Contract and the Notice to Proceed is issued by the County without prior written approval of the County's Project Manager. j (2) The Contractor shall provide daily clean up of the project work area. Cleanup shall include but not be limited to removal of trash, construction debris, excavated materials and materials generated as a result of the demolition of the existing sidewalks, curbs and gutters, road way 54 i I components. (3) The Contractor shall restore all roadways immediately upon the completion of each segment and or phase of the construction. Such restoration shall be to the satisfaction of the County. (4) The Contractor shall submit for the County review and approval, as part of his bid submission, a sample copy of his company's daily reporting format for reporting the progress of construction.This format shall include but not be.limited to the detailing of all labor, equipment and materials used in the construction of the project along with the areas worked, type of work performed, problems encountered and daily weather conditions at the work areas. The Contractor will be required to submit to the County's Project Manager, copies of all daily reports completed by the Contractor's personnel and his subcontractors at the beginning of the following work day for each day worked. (5) The Contractor shall be required to submit(2) copies of 8 1/2"x 11" progress color photos indicating the completion of the contract work with the dates that the work was performed, on a weekly basis to the County's Project Manager.The Contractor shall also be required to submit as- built surveys, by a registered land surveyor licensed to do work in the State of Florida, on a weekly basis to the County's Project manager that indicate the completion of contract work by the Contractor and his subcontractors. (6) The Contractor shall provide as part of the contract work, adequate sanitary facilities,within the fenced-in areas of the total project area, for the use of the Contractor's workmen. (7) Street Lighting Systems, Pedestrian Lighting Systems Electrical distribution Systems The Contractor shall at all times protect and maintain the operation of the existing street lighting systems,the existing pedestrian lighting systems and the existing underground electrical distribution systems within the project area including but not limited to all poles, conduits, wiring, pull boxes, transformers,switchgear assemblies,meter assemblies, service connection assemblies and lighting fixtures that are located within the project whether shown or not shown on the contract drawings. The Contractor shall protect and maintain all existing landscaping and irrigation systems within the project area during construction. (8). The Contractor shall maintain and provide a safe access for vehicles and pedestrians at all times within the project area. (9) Landscaping and Irrigation Systems-The contractor shall at all times protect and maintain the existing landscaping and irrigation systems within the project area. 23. INSURANCE PROVISIONS—See Section 00800-Supplementary Conditions to the General Conditions: SC-5.04 24. COMPLIANCE WITH REQUIRED CONTRACT PROVISIONS Bidders shall cite compliance with the Required Contract Provisions and shall execute and include the following in their bid proposals: 1. Buy America Certificate of Compliance 2. Certification regarding Lobbying 55 i i ; 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- or explanation 4. Bid Opportunity List. i 5. Certification of Non-Collusion 6. Drug-Free Workplace Certification 7. All prequalified contractors bidding on this project must include with their bid proposal a copy of their Certification of Current Capacity(FDOT Form 375-020-22)and Status of Contracts on Hand (FDOT Form 375-020-21). Failure to include the above forms may result in a determination that the bid proposal is non- responsive. (*"Federal Wage Rates Must be Attached) End of Special Terms and Conditions 56 I I I AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond." i i i i END OF SECTION 4 I I I i Bid Bond P-57 9113!20164:53:41 PM iiia or Proposal Westfield Insurance Company Bond Westfield GroupsM One Park Circle,P O Box 5001 Westfield Center,Ohio 44251-5001 KNOW ALL MEN BY THESE PRESENTS,that we, TIMOTHY ROSE CONTRACTING,INC. as Principal, and the WESTFIELD INSURANCE COMPANY,an Ohio Corporation,with its principal office at Westfield Center, Ohio, as Surety, are held and firmly bound unto INDIAN RIVER COUNTY 1801 27th STREET,VERO BEACH,FL 32960 , as Obligee, in the penal sum of 5%OF AMOUNT OF BID DOLLARS, lawful money of the United States of America,for the payment of which,well and truly to be made,we bind ourselves, our heirs,executors,administrators,successors and assigns, jointly and severally,firmly by these presents. WHEREAS the said Principal is herewith submitting a bid or proposal for 43rd AVE SIDEWALK IMPROVEMENTS FROM AVIATION BLVD TO AIRPORT DR WEST NOW THEREFORE, the condition of the above obligation is such, that if the said Principal shall execute a contract and give bond for the faithful performance thereof,if required by the contract,or if the Principal or Surety shall pay the Obligee the difference, not exceeding the penal sum hereof, between the amount of the contract entered into in good faith to perform the work to which the bid or proposal relates and the amount bid or proposed by the Principal,then this obligation shall be void;otherwise it shall remain in fall force and effect. SIGNED this loth day of NOVEMBER 2016 TIMOTHY ROSE CONTRACTING,INC. Principal By ,. Westfield Ins ance Company B C T W.LORD Attorney-in-fact BD 5046 (9-03) General POWER NO. 0990102 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY ®hi® Farmers Insurance 0®0 Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio,and having its principal office in Westfield Center, Medina County,Ohio,do by these presents make,constitute and appoint CABOT W.LORD,JOSEPH E.COONS,JOINTLY OR SEVERALLY of PALM CITY and State of FL its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . , LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE IGUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the Premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances,contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8,2000). In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of MARCH A.D.,2014 . ,ru,wyyrr n,,uUwp, , yry Corporate \VS� aC ;,•�P�1ONAL�tis,l �• � � ,4 WESTFIELD INSURANCE COMPANY Affixed v r w P o:' Gp=; �.''� WESTFIELD NATIONAL INSURANCE COMPANY <' OHIO FARMERS INSURANCE COMPANY SERI. : �{>wRTFRFD � '{i'.`,^^ � rOn,. }Yb; 1848 State of Ohio By: Dennis P.Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 21st day of MARCH A.D.,2014 ,before me personally came Dennis P.Baus to me known,who,being by me duly sworn,did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial aN„,++.«,,, Seal r• R%A L S y Affixed �Q.••'�IIf i ��/����;� • David A. Kotnik, Attorney at Law, Notary Public State of Ohio Ngo My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: ,y ktieoir I,Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 10th day of November N, 2016 tori �"Y J e " nl •.. Ave. tftt sem: SEALIn: '5 :,184 '''f; Secretary Frank A.Carrino, Secretary BPOAC2(combined)(06-02) INDIAN RIVER COUNTY, FLORIDA SEALED BID NO. 2017013 PROJECT NO. 1123 43rd AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST SUBSTITUTION SHEET DESCRIPTION OR MAKE PROPOSED ADD DEDUCT BID ITEM NO SPECIFIED SUBSTITUTION P-58 Substitution Sheet 9/132016 4:53:41 PM INDIAN RIVER COUNTY, FLORIDA SEALED BID NO. 2017013 PROJECT NO. 1123 43rd AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST I CONTRACTOR VERIFICATION FORM i THE FOLLOWING IS TO COMPLETED BY PRIME BIDDER: Name of Firm: lA" U i Corporate Title: 6 'S l Address: 1 _'. k�klyQ �7 ra (Zip Code) (Print title) I i (Authorized Signature) Telephoner .�tU, 4� 0 Fax: `(�i aokA � i State License# � � QS - LQ (ATTACH COPY)a County License# 2..5 LM, 000 (ATTACH COPY)-/ City License: (ATTACH PROOF OF REGISTRATION WITH THE CITY) Type of License: SAN Unlimited (yes/no) If"NO", Limited to what trade? P-59 Contractor Verification 9/1320164:53:41 PM INDIAN RIVER COUNTY, FLORIDA SEALED BID NO. 2017013 PROJECT NO. 1123 I 43rd AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST �I I' LIST OF REFERENCES I; ,I OWNER'S NAME PROJECT CONTACT TELEPHONE &ADDRESS PERSON NUMBER .i I I I I� I I i I I I I P-60 List of References 9113/2016 4:53:41 PM I NONCOLLUSION AFFIDAVIT OF PRIME BIDDER i State of J, } County of. A 1641 i being first duly sworn, disposes and says that: 1. They arep \ � of t the Bidder that (Title) (Name of(thmpany) has submitted the attached bid; 2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor an of its officers,, partners, owners, agents, representatives, employees or ! parties in interest, including this affiant, has in anyway colluded, conspired,connived or agreed,directly or ! indirectly with any other bidder, firm or person to submit a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner,directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City/County or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, I j conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) STATE (Title) OF FLORIDA } COUNTY OF INDIAN RIVER' }SS: The foregoing instrument was acknowledged before me this—AZ.-�Q �6 �-�-- (Date) bwho is personally knovrn to me or who has produced as identification and who did (did not)take an oath. ! e - of ry (print& sign name) Commission No. , =os�vP��vc DEBO�Rit WEST � MY COMMISSION#PF904578 s�oF�oa° EXPIRES.October. 2019 �aa ,sxraa�rea°vq.�g:. I i P-61 Noncollusion Affidavit i i I FLORIDA TRENCH SAFETY COMPLIANCE Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96), Laws of FI., effective October 1, 1990 The bidder further identifies the costs to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure Quantity Cost Cost {Description} {LF,SY} B. (F 40 zs,- C. D. E. F. FAILURE TO COMPLETE THE ABOVE MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE. P-62 Trench Safety 9!1312016 4:53:41 PM i I BUY AMERICA CERTIFICATE OF COMPLIANCE C,Splw"Te Of COMPLUkKe COMPLIANCE The bidder hereby certifies that it will comply with the requirements of 23 C.F.R. 635.410, as amended, and utilize only iron or steel manufactured in the United States, or components made with iron or steel that meet the Buy America requirements. Bidder acknowledges that it will be required to produce Buy America certifications)from the producer(s) of the steel or iron or components prior to incorporating any such materials into the work or project. Company Name: 7 \W- vo Jp"Y(--C [, Authorized By: (Sign) (Print Na d Title:_ l JI�(� Date: 1-2.•12- 16 f i j I i i I P-63 9/13/2016 4:53:41 PM 375-0� � STATE CPFLORIDA DEPARTMENT+`JFTRANSPORTATION PROrIAE<2EMEhlT,,.,. STATE OF FLORIDA DEPAR-nr=NTOFTRANSPORTATION 37`�W3. CERTIFICA7ION FOR DISCLOSURE OF LOBBYING ACTIVITIES w�ocur�€10.0 ON FEDERAL AID CONTRACTS (Compliance with 49CFRr Sectiort 20.100 (b)), The prospective participant certifies*by signings this certification,that to the best of his or her knowledge and:belief (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the.undersigned,to any person for influencing or attempting to influence an officer oremployee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant„the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract,grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be,paid to any person for influencing or attemptingi to influence an officer or employee of any federal agency,a Member. of Congress,,an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan,or cooperative agreement,the undersigned shall complete.and submit Standard Form-LLL,"Disclosure of Lobbying Activities",in accordance with its instructions_ (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification'is,a material representation of fact upon which reliance was placed when this.transaction was made or entered into_ Submission of this certification is a prerequisite for making or entering into this transaction imposedby Section 1352,Title 31,. .Code_ Any person who fails to file the required certification shall be,subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. j The prospective participant also agrees by submitting his or her.proposaf that he or she shall require that the language of this certification be included in all lower tier subcontracts,which exceed$1 OG,000 and that all such subreiens shalt certify and disclose accordingly. Mame of Business By: Date: Authorized Signature;_ Title: P-64 9/13/2016 4:53:41 PM STATE OF FLORMMMMENT,OF IWMSPORrATION 37503&-M DISCLOSURE OF LOBBYING ACTIVITIES PROGURF-MENT X7116 ! is this form applicable to yourfrin. ? YES El NO F-1 If no,then;please complete-section 4 belowfor"Pr[m,Er 1.Type of FederaP Action-- 2. Status of Federal Action: 3.Report Type: a-contract a-bidlo ff-er/application, a.initial Ung b.grant b-iinitial award' b.-material{change c.cooperative agreement c.post-award For Material Change Only: d-loan Year- Quarter e,-.loanguarantee, Date of last report f Goani insurance (mm(ddlyyyy) 4-Name an,d Address of Reporting Ent 1- 5-IMeporting ERty in No,4 is a:Suba wardee,Enter Name and ❑ Prime ❑ Subawardee Address of Prime: Tier -if known: 71 Congressional!Distract,if.known:4C. Congressional Ustrict,if known: G. Federal'DepartmentlAgeticy: 7. Federal Program Name/Description: CFDA Number,ifappficable: 8.Federal Action Number,if known:, 9..Award Amount if known: $ 10.a.Name and Address oftiobbppig Reglsfrant: h.Individuals Perfomitibg'Services(including address if (Win,dTvidttal, 16-st name, first name, Ml): different from No 10a) (fast name,Arstname,A44-- 11,Inforrnafian requested dhrvughNsform:sau1hwf-zed hyfffle3l U.S-G.section 11332-ThF.5 disclosure of lobbying acti.vifies is a Signature: rnaferW representation offact upary whfcb m4iance- I Wasp aced by 4he flierab-ove when this transaction wasmade or entered ink.This disclasum is required pursuard-to 31 U.S.G.1352. Print Name: W15 thformaition,vvin be avaaablefor pubao inspecEorv.Any persona who falft tofile the required disclosure shall be subject Title: 1c,3 civil penalty,of'not Vess,than$10,0011,and notmorethan $10,000 for each:such failure. Telephone No-: Date(mnVdcVyyyy): A.. -r-Local ReproducOon ized fo rM LL or.7-971 sdForm, L P-65 Trench Safety 911320164:53:41 PM 3.=_-03tl•3t PROCUREMENT oara , PaOtSp.`.2 INSTRUCTIONS FOR COMPLETION!OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,,at the initiation or receipt ofa.covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.- C-section 1352.The filing of a form,is required fear each payment or agreement to make paymentto any lobbying entity for influencing or attemptitjgto influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,OF an employee of Member of Congress in connection with a covered)Federal action. Complete all items that apply for both the initial filing;and material change report.Refer to the implementin,g guidance published by the Office.of.Management and.Budget for additional'information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence:the outcome of a covered Federal action_ 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report.If this is a failowup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred_Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fuliname,address,city,State and zip code of the reporting entiity.Include Congressfonal District,.if known-Check the appropriate classifccation of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient Identify the tier of the subawardee,e_g.,the first subawardee of the prime is the 1st tier_ Subawards,include but are not limited to subcontracts,subgrants and contract awards and er grants. 5. If the organization filings the report in item,4 checks'"Subawardee,"then enter the full name,address,city,State and zits code of the prime Federal recipient.Include Congressional District, if,known. 6. Enter the name of the Federal agency making the award or loan commitment Iriciude at least one organizational I level below agency name,if known.For example,Department of Transportation,United:States Coast Guard,, 7. Enter the.Federal!program name or description for the covered Federal action(item 1)_if known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan commitments- 0. Enter ttie most a.ppropsiate Fedem.[identifying number avalabie for thee:Federal action.identified in Ifem 1 (e.g_, Request for Proposal(RFP)number, Invitation for.Did(I]F13).numberrgrant announcement-,number,the:contract grant or loan award number,the appli:catfonlproposal control number assigned by the Federal'agen:cy)-Include prefixes,e.g.,"RFP-DE-90-00V 9- For a covered Federal action where there has been an award or loan comm tnient by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5- 10_ (a)Enter the full,name,address,cite,State and zip code of the lobbying;registrant under ft Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the:covered.Federal action. (b)Enter the full]names of the individual(s)performing services,and include full address it different from 10(A). Enter Last Name,First Mame,and Middle Initial(Ml). 11.The certifying official sh 2II sign and date the form,print his/her name,title;.and telephone numlmr. A=rding to the Paperwork Reduc3'ion Act,as amended,rxn pecans ate required to respandeto a:colkc5on ofinfonnaHart unless it displays s valid OMS CGontro[Number_Thevarid'OMB control numberfnrthis information col[ertion is OMB Na 0Na4N146_Publicreper6ry burdenfo-this milaction of KorrnaHcn is estrrnafed to average 10minutes.per response,inr7trr$ng time forrevievAr insbrmh-ons,searching existirsg data sources, gathering and maintaining thedata needed,and completing and re Aewing the collection ofinfonnat5om Send comments regarding!the burden estimate:orarry other aspect of this collection of rnfarrra�rn,including sugg!estiorss for reducing ibis burden,is the CSfrriceof Management and Budget„Paperwork Reduction Project(0348-0M),wasLAngfan,rC MIMI P-66 9/1312016 4:53:41 PM Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions The Bidder certifies that, the firm or any person associated therewith in the capacity of owner, partner, director, officer, principal,investigator,project director, manager, auditor,and/or position involving the administration of federal funds: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency; (b)have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property (c) are not presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) have not within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier,or vendor who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation." i i Company Name: j Authorized By: (Sign) (Print Name) Title: Date: P-67 9/1300164:53A1 PM i I ! DRUG FREE WORKPLACE CERTIFICATION i ' i The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that I does: j (Name of Business) i 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. i 2. Inform employees about the dangers of drug abuse in the workplace,the business' policy of maintaining a drug-free workplace,any available drug counseling, rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. I i 3. Give each employee engaged in providing the commodities or contractual services that are under this bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide. by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction-on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, 1 certify that this firm complies fully with the above requirements. I Bidders Signature i i Date I I i P-68 9113/2D164:53:41 PM I, 'I it i � I II it i I I I I i i i i c I � I ; i i I I I A P P"' E N D I X"' D" FHWA 12"73 i F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\APPENDIX D TITLE SHEET.docx i i I i FHWA-1273— Revised May 1, 2012 j REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these Il. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the j Provisions contracting agency and FHWA, I VI. Subletting or Assigning the Contract VII. Safety-Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid i Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. j Lobbying 1 ATTACHMENTS IL NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all j Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply { 1. For;FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27,and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627 The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and tower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 I immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract, action standards for the contractor's project activities under 1 i this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer" All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability Such action shall include: contractor is expected to observe the provisions of that I employment,upgrading,demotion,or transfer,recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the i job training." contractor to do the same,such Implementation violates Federal nondiscrimination provisions. I 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and persornel actions of eve:;type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO In each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees, such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 I �I applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification Involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the ! in accordance with 23 U.S.C.140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions:If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good.faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such s union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO i regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of i disability. three,years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 ' I i will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b,of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other storage or dressing areas,parking lots,drinking fountains, laborers or mechanics,including helpers,which is not listed in the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate privacy s determination.The contracting officer shall approve an or single-user reand necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors,which are exempt. (iii)The proposed wage rate,including any bona fide Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the other projects. wage rates contained in the wage determination. The following provisions are from the U.S. Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210 The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove everyadditional classification action within 30 days of receipt and often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting officer within the 30-da permitted by regulations issued by the Secretary of Labor oy period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. \ wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator, or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 i will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work In the classification under this contract from the first benefits.Contractors employing apprentices or trainees under i day on which work is performed in the classification, approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at hUp://www.dol.gov/esa/whd/forms/wh347instr,htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, accompanied by a be 2)Each payroll submitted shall l including apprentices,trainees,and helpers,employed by the (Statement of Compliance,"signedlbe b the contractor or contractor or any subcontractor the foil amount of wages subcontractor or his or her agent tvho pays or supervisesethe required by the contract. In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or payment of the persons employed under the contract and shall helper,employed or working on the site of the work,all or part certify the following: of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (I)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(li)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (i!)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, shall contain the name,address,and social security number of and that no deductions have been made either directly or each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (III)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(!v)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- r 5 i (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the joumeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. In addition,any trainee performing work on the job site in apprentice wage rate,who is not registered or otherwise i employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed.In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and joumeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT , Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terns of used In this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 In any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours In such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages;liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for-debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for U.S.Criminal Code,18 U.S.C.1001. compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. 7 i evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph (1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such This provision is applicable to all Federal-aid construction specialty items performed may be deducted from the total contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators, Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect os fhvesllgate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section.107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of This provision is applicable to all Federal-aid construction material and manufactured products which are to be contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4 No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C.1020 reads as follows: contracting agency has assured that each subcontract is 8 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction. However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency detemnined to enter into this transaction.if It is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1,1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended, "ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AiR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is-applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered Iransaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1 That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any tower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower i This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www,epls.govl),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 i I i I I. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of J.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction, "debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""Ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or **** subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant'refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification Is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https:/Iwww.ei)ls.ciov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction I.Except for transactions authorized under paragraph a of was entered into.If it is later determined that the prospective these Instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 I� department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating In covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. I Xi.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-ald construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"In accordance with its instructions. 2.This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction imposed by 31 U.S.C.1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly 11 i ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS i This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable heeds of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. I c.For the obligation of the contractor to offer employment to j present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1 c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State j Employment Service indicating(a)the classifications of the ! laborers,mechanics and other employees required to perform j the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required, 4 If,within one week following the placing of ajob order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1 c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 A P E ;NO D,1A'%'g IN=m PERMITS Appendix E-Permits F:\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WesAAdmim\bid documents\Master Contract Documents\APPENDIX E-Permits.doc I 'I � I St ohns River Water Management District Ann B.Shortelle,Ph.D.,Executive Director j 4049 Reid Street • P.O.Box 1429 • Palatka, FL 32178-1429 • (386)329-4500 On the Internet at www.sjrwmd.com. May 12,2016 Michael Donald Nixon Indian River County 180127th St Vero Beach, FL 32960-3388 SUBJECT: General Permit 146056-1 Dear Mr. Nixon: The District has received your notice to use a general permit. Based on the submitted information, the proposed activity qualifies for a General Environmental Resource Permit pursuant to section 62-330.447, Florida Administrative Code, provided it is constructed and operated in accordance with that general permit and the general and special conditions set forth in section 62-330.405 and 62-330.447, Florida Administrative Code(attached). Please be advised that the St.Johns River Water Management District will not publish a notice in the newspaper advising the public that it has determined your project qualifies for this general permit. Newspaper publication, using the District's notice form,notifies members of the public of their right to challenge the use of the general permit. If proper notice is given by newspaper I publication,then there is a 21-day time limit for someone to file a petition for an administrative hearing to challenge the use of the permit. To close the point of entry for filing a petition,you may publish (at your own expense)a one-time notice of the District's decision in a newspaper of general circulation within the affected area as defined in Section 50.11 of the Florida Statutes. if you do not publish a newspaper notice to close the point of entry, the time to challenge your use of the permit will not expire and someone could file a petition even after your project is constructed. A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However,you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published,the newspaper-will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by emailing it to compliancesupport@sirwmd.com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Office Director Office of Business and Administrative Services 4049 Reid Street Palatka, FL 32177 GOVERNING BOARD John A.Miklos,CHAIRMAN Fred N.Roberts Jr.,VICE CHAIRMAN Chuck Drake,SECRETARY Carla Yetter,TREASURER ORLANDO OCALA ORLANDO FERNANDINA BEACH Douglas C.Bournique John P.Browning,Jr. Douglas Burnett Maryam H.Ghyabi Ron Howse VERO BEACH EAST PALATKA ST.A000STINE ORMOND BEACH COCOA A copy of your application was transmitted to the U.S.Army Corps of Engineers for review. This authorization to use a general environmental resource permit does not obviate the need for obtaining all necessary permits or approval from other agencies. Sincerely, h G I 7X ,Ca�Z� Margaret Daniels, Office Director Office of Business and Administrative Services Enclosures: Notice of Rights List of Newspapers for Publication cc: District Permit File i I 1 i I � I j I. I ST.JOHNS RIVER WATER MANAGEMENT DISTRICT i GENERAL (ENVIRONMENTAL RESOURCE PERMIT , PERMIT NO: 146056-1 DATE ISSUED: May 12, 2016 , PROJECT NAME: 43rd Avenue Sidewalk improvements from Aviation Blvd to Airport Dr.West A PERMIT AUTHORIZING: Use of the General Permit for Minor Activities within Existing Rights-of-Way or Easements for the construction of sidewalks and drainage structures to be constructed as per plans received by the District on April 29, 2016. LOCATION: Section(s): 34, 33, 27 Township(s): 32S Range(s): 39E Indian River County Receiving Water Body: Name Class Indian River Lagoon III Marine,IW ISSUED TO: Indian River County. 180127th St Vero Beach, FL 32960-3388 The District received your notice to use a General Environmental Resource ie,mit pursuant i� Chapter 62-330, Florida Administrative Code(F.A.C.) on October 7, 2014. Based on the forms, design plans, and other documents submitted with your notice, it appears that the project meets the requirements for a General Environmental Resource Permit. Any activities performed under a General Environmental Resource Permit are subject to the general conditions and special conditions specified in rules 62-330.405 and, 62-330.447, F.A.C. respectively(attached). Any deviations from these conditions may subject you to enforcement action and possible penalties. Please be advised that the General Environmental Resource Permit expires 5 years from the date on which the notice of intent to use a General Environmental Resource Permit was received by the District. A copy of your notice also has been sent to the U.S.Army Corps of Engineers(USACOE)for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action and possible penalties. AUTHORIZED BY: St.Johns River Water Management District Division of Regulatory Engineering and Environmental Services David Miracle Regulatory Coordinator i ! i i I i "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 146056-1 43rd Avenue Sidewalk Improvements from Aviation Blvd to Airport Dr.West DATED: May 12, 2016 1. The general permit is valid only for the specific activity indicated.Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. This general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. '3. This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or ' activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit. 4. The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life;or property. It does not allow the permittee to cause pollution that violates state ` water quality standards. 5. Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity involving the use of state-owned or other lands of the state, LI It:LiLle tO which is vested in�the Board of-IT rustees of the Internal gal Imiprovement Trust Fund without obtaining the required consent, lease, easement,or other form of authorization authorizing the proposed use.Therefore,the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on state- owned lands. 6. The authorization to conduct activities under a general permit may be modified,suspended or revoked in accordance with Chapter 120, F.S., and Section.373.429, F.S. 7. This permit shall not be transferred to a third party except pursuant to Rule 62-330.340, F.A.C.The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or'other transfer of ownership or control of the permitted project, activity, or the real property at which the permitted project or activity is located. 8. Upon reasonable notice to the permittee,Agency staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to ensure conformity with the plans and specifications approved by the permit. 9. The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and authorized in this general permit. 10.A permittee's right to conduct a specific activity under this general permit is authorized for a duration of five years. 11.Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be implemented and maintained immediately prior to, during, i and after construction as needed to stabilize all disturbed areas, including other measures specified in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures shall be installed and maintained in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), available at www.dep,state.fl.usMater/wetlands/docs/erp/FLErosionSedimentManual 6 07.pdf, and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida i Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida,July 2008), available at www.dep.state.fl.us/water/nonpoinUdocs/erosion/erosion-inspectors-manual.pdf. i I . 1 • 12. Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts.Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable.When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non- earthen construction mats. In all cases, access in wetlands shall comply with the following: (a)Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter 4 inches or greater at breast height; (b)The maximum width of the construction access area shall be limited to 15 feet; (c)All mats shall be removed within 72 hours after the work commences;and (d)Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed. 13. Barges or other work vessels used to conduct in-water activities shall be operated in a r nani er that pr events unauthorized dredging,water quality violations, and damage to submerged aquatic communities. 14.The construction, alteration, or use of the authorized project shall not adversely impede navigation or create a navigational hazard in the water body. 15. Except where specifically authorized in a general permit, activities must not: (a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; (b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S., or a Works of the District established pursuant to Section 373.086, F.S.; or 16. If any prehistoric or historic artifacts,such as pottery or ceramics,stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area,work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease.The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at(850)245-6333 or(800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. i I 17, The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable District special basin and geographic area criteria. 18.The permittee shall comply with the following when performing work within waters accessible to federally-or state-listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon: o- (a)All vessels associated with the project shall operate at"Idle Speed/No Wake"at all times while in the work area and where the draft of the vessels provides less than a four- foot clearance from the bottom.All vessels will follow routes of deep water whenever possible. (b)All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement or entrapment of listed species. (c)All in-water activities, including vessel operation, must be shutdown if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50-foot radius of the in-water work,or until 30 minutes elapses since the last sighting within 50 feet.Animals must not be herded away or harassed into leaving.All on-site project personnel are responsible for observing water-related activities for the ' presence of listed species. (d)Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404-3922 and ImperiledSpecies@myFWC.com. (e)Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species during a directional drilling operation,the FWC shall be notified at imperiledspecies@myfwc.com with details of the event within 24 hours following detection of the spill or frac-out. 19. The permittee shall hold and save the Agency harmless Iron any and all damages, ciaimns, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any activity authorized by the general permit. 20.The permittee shall immediately notify the Agency in writing of any submitted information that is discovered to be inaccurate. 21. The permittee shall limit stream channel relocation to streams which have an average discharge of 10 cubic feet per second or less. The length of relocated channels or those significantly altered shall be limited to 200 feet per stream.A stream channel shall be altered only when such a measure will reduce the long term adverse water quality impacts and will maintain or restore the stream's natural hydraulic capability; and 22.This general permit shall not apply to ditch construction in Class I or Class 11 surface waters, Outstanding National Resource Waters or waters designated as Outstanding Florida Waters. 23.Activities under this general permit must not diminish existing stormwater treatment, attenuation, or conveyance capacity. 24.This general permit does not authorize the construction of additional traffic lanes.Activities that require additional traffic lanes must first obtain an individual environmental resource permit under this chapter, as applicable, before the start of construction. Notice Of Rights I 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water i Management District(District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code,the petition must be filed (received)either by delivery at the i office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerkftsirwmd.com,within twenty-six(26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21)days of the District emailing the notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one(21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice).A petition must comply with Sections j 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code, The District will not accept a petition sent by facsimile (fax), as explained in paragraph no.4 below. 2. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely-filed petition. If all parties, including the District,agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision.The mediation must be concluded within 60 days of the date of the parties'written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each party shall be responsible for paying its pro-rata share of the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. if mediation results in settlement of the administrative dispute,the District will enter a final order consistent with the settlement agreement. If mediation�ter.�Inates without I settlement of the dispute,the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a party chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement,the District will remain willing to engage in informal settlement discussions. i 3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice Of Rights 4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m.— 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m, on the District's next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation(issued pursuant to Rule 28-101.001, Florida Administrative Code),which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 5. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a parry to the proceeding, in accordance with the requirements set forth above. 7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who-is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure,within 30 days of the rendering of the final District action. 8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk. 9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no.7 above will result in waiver of that right to review. NOR.Decision.DO C.001 Revised 12.7.11 I I Notice of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the permittee: I Michael Donald Nixon Indian River County 180127th St Vero Beach, FL 32960-3388 This 12th day of May 2016. Margaret Daniels,Office Director Office of Business and Administrative Services St.Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386)329-4570 Permit Number: 146056-1 I i i i NOTICING INFORMATION i Dear Permittee: Please be advised that the St.Johns River Water Management District will not publish a notice in the newspaper advising the public that it has issued a permit for this project. ' Newspaper publication, using.the District's notice form, notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication, then there is a 21-day time limit for someone to file a petition for an administrative hearing to challenge the issuance of the permit. To close the point of entry for filing a petition,you may publish(at your own expense)a one- time notice of the District's decision in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper notice to close the point of entry, the time to challenge the issuance of your permit will not expire and someone could file a petition even after your project is constructed. i A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published,the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the ! affidavit by emailing it to compliancesupport@sjrwmd.com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Office Director Office of Business and Administrative Services 4049 Reid Street Palatka, FL 32177 1 If you have any questions, please contact the Office of Business and Administrative Services at(386)329-4570. Sincerely, 77t L"tz-Al Margaret Daniels, Office Director Office of Business and Administrative Services i NOTICE OF AGENCY ACTION-TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on (Name and address of applicant) permit# .The project is located in County, Section ' Township South, Range East.The permit authorizes a surface water management system on acres for known as The receiving water body is A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St.Johns River Water Management District(District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received)either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429(4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com,within twenty-one(21) days of newspaper publication of the notice of District decision(for those persons to whom the ' District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.),and Chapter 28-106, F.A.C.The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available and choosing mediation does not affect your right to an administrative hearing. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours.The District's regular business hours are 8 a.m.—5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the District's next regular business day.The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28- 101.001, Florida Administrative Code),which is available for viewing at tioridaswater.com. These conditions include, but are not limited to,the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile(fax)is prohibited and shall not constitute filing. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C- 1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing.(Rule 28-106.111, F.A.C.). If you wish to do so, please visit http://floridaswater.com/nor—dec/to read the complete Notice of Rights to determine any legal rights you may have concerning the Districrs decision(s)on the permit application(s)described above.You can also request the Notice of Rights by contacting the Director of Regulatory Support, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329- 4570. i I i NEWSPAPER ADVERTISING ALACHUA BAKER The Alachua County Record, Legal Advertising Baker County Press, Legal Advertising P.O. Box 806 P.O. Box 598 Gainesville, FL 32602 Maclenny, FL 32063 352-377-2444/fax 352-338-1986 904-259-24001 fax 904-259-6502 i BRAFORD BREVARD Bradford County Tefegraph, Legal Advertising Florida Today, Legal Advertising P.O. Drawer A P.O. Box 419000 Starke, FL 32901 Melbourne, FL 32941-9000 904-964-6305/fax 904-964-8628 321-242-3832/fax 321-242-6618 CLAY DUVAL Clay Today, Legal Advertising Daily Record,Legal Advertising 1560 Kinsley Ave.,Suite 1 P.O. Box 1769 i Orange Park,FL 32073 Jacksonville, FL 32201 904-264-3200/fax 904-264-3285 904-356-2466/fax 904-353-2628 FLAGLER INDIAN RIVER i Flagler Tribune,c/o News Journal Vero Beach Press Journal,Legal Advertising P.O. Box 2831 P.O. Box 1268 Daytona Beach, FL 32120-2831 Vero Beach, FL 32961-1268 386-681-2322 772-221-4282/fax 772-978-2340 LAKE MARION Daily Commercial,Legal Advertising Ocala Star Banner, Legal Advertising P. O. Drawer 490007 2121 SW 19th Avenue Road Leesburg, FL 34749 Ocala,FL 34474 352-365-8235/fax 352-365-1951 352-867-4010/fax 352-867-4126 NASSAU OKEECHOBEE News-Leader, Legal Advertising Okeechobee News,Legal Advertising P.O. Box 766 P.O. Box 639 Fernandina Beach,FL 32035 Okeechobee, FL 34973-0639 904-261-3696/fax 904-261-3698 863-763-3134/fax 863-763-5901 ORANGE OSCEOLA Sentinel Communications,Legal Advertising. Little Sentinel, Legal Advertising 633 N. Orange Avenue 633 N.Orange Avenue Orlando, FL 32801 Orlando,FL 32801 407-420-5160/fax 407-420-5011 407-420-5160/fax 407-420-5011 PUTNAM ST.JOHNS Palatka Daily News,Legal Advertising St.Augustine Record, Legal Advertising P. O. Box 777 P.O. Box 1630 Palatka, FL 32178 St.Augustine, FL 32085 -386-312-5200/fax 386-312-5209 904-819-3436 SEMINOLE VOLUSIA Seminole Herald,Legal Advertising News Journal Corporation,Legal Advertising 300 North French Avenue P.O. Box 2831 Sanford, FL 32771 Daytona Beach, FL 32120-2831 407-323-9408 (386)681-2322 M A p P-E P4 DO- I X INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION F\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\Master Contract Documents\APPENDIX F-IRC Traffic Engineering Special Conditions.doc INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION SPECIAL CONDITIONS: 1. All work performed under this permit shall be in accordance with the Florida Department of Transportation Design Standards (http://www.dot.state.FD OT 2016 Design Standards), Indices 600. The Manual on Uniform Traffic Control Devices, and Indian River County Typical Drawings, latest editions. 2. All special conditions listed are in addition to the attached Indian River County Traffic Engineering Regulations for Maintenance of Traffic. 3 T 11 It all be the cont act r's responsuJility to contact Suashine State One Call System shall U lie 1.1Lr LO (1-800-432-4770) at least 72 hours in advance of commencing construction work to coordinate traffic control and obtain locations of underground traffic signal conduit for the County's Computerized Traffic Signal Coordination System. 4. The contractor shall be responsible for using the applicable Traffic Control Plan for the type of work being performed. All job supervisors shall have a copy of the control plan on site at all times and shall be familiar with the correct set-up of the plan. 5. At least one lane of traffic shall be maintained at all times. One-lane traffic shall be controlled with at least two (2) flagmen. Flagmen shall use STOP/SLOW paddles at all times. Flags shall not be used for one-lane traffic control. 6. After proper notification to Traffic Engineering, consideration will be given to the contractor to close roadways to through traffic on a daily basis during daylight hours on narrow roadways where maintaining one-lane traffic would be difficult. The roadway shall be open to traffic at the end of each work day and on weekends. It shall be the contractor's responsibility to provide all necessary construction signs and traffic control devices to close the road and provide a detour route in accordance with Indian River County standards. Signing shall be installed that clearly indicates the time periods the road is closed to traffic. 7. There shall be no construction work after dark. 8. All open excavations shall be back filled before the close of each work day. F:\Public Works\FNGrNEERING DIVISION PROJECTSU 123 43rd Ave Sidewalk Improvements 26th St to Airport Dr West\Admim\bid documentALAP Docume.nts\IRC TRAFFIC ENGINEERING SPECULCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.doc Rev 4/11/2016 Special Conditions for Right of Way Construction Page 2 9. A compacted roadway shall be provided at the end of each work day. Disrupted roadways shall be clearly marked as a construction area. 10.Refer to the attached Traffic Engineering Regulations for construction work on Indian River County roadways for maintenance of traffic inspection policy and procedure. Field inspection for work zone safety and maintenance of traffic will be coordinated by the Traffic Engineering Division. 11.All construction equipment, materials, etc. shall be stored outside of the clear zone. Equipment and construction materials that are stored within the clear zone shall be clearly marked with Type II barricades with flashing yellow lights. 12.All projects and work within Indian River County right-of-way shall have an approved Traffic Control Plan (TCP). All work shall be executed under the established TCP and Indian River County approved procedures. The TCP shall provide the proposed detour route, traffic control devices, and other pertinent information for the proposed project and shall be submitted for review and approval by the Public Works Department. The TCP shall be prepared by personnel with a minimum of an Intermediate Maintenance of Traffic current certification in the State of Florida. (Denote on the TCP, certification number and name of the certified personnel that prepared the MOT plan.) i The FDOT Design Standards, Indices 600, 2015 do not include a Traffic Control Plan for a full road closure. For full road closures, a TCP is required to be submitted by the contractor a minimum of two (2)weeks prior to the proposed road closure. All traffic control devices shall be in accordance with the Florida Department of Transportation(FDOT) Design Standards, Indices 600, 2015, the Manual on Uniform Traffic Control Devices, 2009 Edition, and Indian River County Typical Drawings for Signing, Pavement Markings, and Geometrics, latest edition. 13.For full road closures, Portable Changeable Message Signs are required to pre-advertise the roadway closure, a minimum of seven (7) days in advance of the road closure and during the duration of the road closure. The use of Portable Changeable Message Signs for lane closures on thoroughfare plan roadways will be required. Messages are to be as approved by the Public Works Department and shown on the TCP. TRAFFIC ENGINEERING REGULATIONS Maintenance and Protection of Traffic: It shall be the responsibility of the contractor to provide for the maintenance and protection of traffic in accordance with the applicable indices in the most current edition of the Florida Department of Transportation Roadway and Traffic Design Standards and the Federal Highway Administration Manual on Uniform Traffic Control Devices. The indices shall be considered the minimum standards and a more extensive work zone set- up or modifications may be required by the County Public Work Director or his designee for the protection of personnel in the work area as well as the traveling public. F•1Public'Works\ENGINEERING DIVISION PROJECTSU 123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr WestWmim\bid documents\LAP Documents\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.doc Rev.4/11/2016 i Special Conditions for Right of Way Construction Page 3 It shall be the responsibility of the contractor to ensure that all subcontractors are in full compliance with all traffic control regulations. i It shall be the responsibility of the contractor working on County roadways or within Right-of-Ways to establish maintenance of traffic prior to any work being performed. The contractor shall frequently monitor the work zone set-up to ensure that all signing is properly placed and that warning signs remain at the proper advance posting distance from the work area. Any signs that do not apply to the work zone shall be removed or covered. The contractor shall remove the work zone set-up at the conclusion of the work. Traffic Engineering shall be notified twenty-four (24) hours in advance of any lane closings and ten (10) days in advance of any road closures. Lane closures are restricted to outside the normal peak hours of traffic, lane closures shall occur during the hours of 9:00 Alm to 4:00 PM unless otherwise approved by the Public Works Director or his designee. Traffic Engineering staff shall inspect the Maintenance of Traffic prior to construction commencement to ensure compliance with the approved Traffic Control Plan. It is the policy of the Traffic Engineering Division to randomly monitor the contractor's compliance with all regulations while working on County roadways and within right-of-ways. Matters of public safety shall be attended to immediately upon notification by the County Public Work Director or his designee. If the contractor is found to be negligent in maintaining proper work zone set-up in accordance with the County's Right-of-Way ordinance (Chapter 312),the County Public Work Director or his designee shall impose penalties in the amount of$250.00 for working without the proper traffic control. Construction at or Near Signalized Intersections: The contractor shall have full responsibility for any work performed at or near any traffic signals in Indian River County. The contractor shall request that the County locate buried interconnect conduit and cable, loop sensors, and pull boxes prior to commencing construction. Any .damage to the interconnect conduit, loop sensors, and pull boxes or any other traffic signal equipment shall be repaired at the contractor's expense. It shall be the responsibility of the contractor to notify Traffic Engineering Division 72 hours prior to any work being performed near a signalized intersection or flashing beacon. Once the proper notification and locate procedures are satisfied, the contractor working in or near signalized intersections or around traffic signal poles, signal cabinets, or flashing beacons shall be advised of the following regulations: 1. No excavation shall be performed within a 15-foot radius of any traffic signal pole. If excavation is necessary within a.15-foot radius, it will be the contractors responsibility to provide the following: a. In a manner approved by the County Public Works Director or his designee, the contractor shall provide constant support of the traffic signal pole to prevent movement during excavation and backfill operations. F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St to Airport Dr West\Admim\bid documents\LAP Documents\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.doc Special Conditions for Right of Way Construction Page 4 b. Compaction around the excavation site to a 98%density, bringing the backfill up in 1 foot lifts. c. Density reports from a licensed testing company provided to the County Public Works Director. ii d. Restore the traffic signal and all support equipment to original condition or better. 2. There shall be no pavement cuts made within 500 feet of a signal or flashing beacon without contacting i Indian River County Traffic Engineering Division at(772-226-1547), 72 hours prior to construction. 3. Any traffic signal, loop sensors, conduit, interconnect cable, or any support equipment damaged by a i contractor shall be_repaired/replaced at the contractor's expense. i � 4. Any contractor that works at or in the vicinity of a signalized intersection shall have full responsibility for any liability incurred by causing damage to signal equipment that results in the failure of the traffic signal functions. If such a failure occurs, the contractor shall notify the police and the Traffic Engineering Division immediately at(772-226-1547). I I i 1 I i F•\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documents\LAP Documents\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.doc Rev.4/11/2016 i i