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HomeMy WebLinkAbout2020-042BCONTRACT DOCUMENTS AND SPECIFICATIONS FOR 43,d AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41st STREET BID NO..2020016 PROJECT NO. IRC -1503 F.M. NO. 440019-1-58-01 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS. INDIAN RIVER COUNTY, FLORIDA SUSAN ADAMS,. CHAIRMAN JOSEPH E. FLESCHER, VICE-CHAIRMAN COMMISSIONER TIM ZORC COMMISSIONER PETER" D. O'BRYAN 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 N Z :� $T E OF /1!11111 37-x` FL- fFE- `4 "71-gu) f_2 -3- j9 00001 - Project Title Page REV 0407 00001 ='1 F 1Public VdoikslENGiNEERING DIVISION PROJECTS115Q3-43rd Ave Swk Airport Dr.to 47si 5th-Adminl ids1Bid DocumentsWaster Contract Documents\00001--.Proj6ct. Tille"Page- `REV D,ImW.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 00101 Statement of No Bid 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 00460 Certification Regarding Prohibition Against Contracting with Scrutinized Companies 00470 DBE Bid Package Information 00472 Non -Collusion Declaration and Compliance 00474 Certification for Disclosure of Lobbying Activities on Federal -Aid Contracts 00476 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Primary Covered Transactions 00490 Certification of Non Segregation & Non Discrimination 00492 Buy America Certificate of Compliance 00494 Drug Free Workplace Certification 00496 LAP Certification of Capacity / Status of Contracts on Hand 00500 Certification of Sublet Work CONTRACTFORMS 00510 Notice of Award 00520 Agreement USDOL Wage Determination-FL190170 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00010 - Table of Contents - REV 20180829.doc CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00948 Work Change Directive DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 — TECHNICAL PROVISIONS APPENDIX A — PERMITS APPENDIX B — FERTILIZER ORDINANCES APPENDIX C — INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION APPENDIX D — TITLE VI NONDISCRIMINATION POLICY STATEMENT APPENDIX E — FEDERAL REQUIRED CONTRACT PROVISIONS APPENDIX F — FHWA 1273 APPENDIX G — VENDOR ELIGIBILTY CHECK PRIOR TO CONTRACT AWARD + + END OF TABLE OF CONTENTS + + 00010-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00010 - Table of Contents - REV 20180829.doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 2rh Street Vero Beach, Florida 32960 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 P.M. on Wednesday, January 22, 2020. 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 " 4311 AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET and Bid No. 2020016". Bids should be addressed to Purchasing Division, Room 131-301, 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 accepted or considered. Additionally, all bidders must submit a Bid Opportunity List into the electronic FDOT EOC database no later than January 25, 2020 (see Section 00470 DBE Bid Package Information). INDIAN RIVER COUNTY PROJECT NO. IRC -1503 INDIAN RIVER COUNTY BID NO. 2020016 PROJECT DESCRIPTION: The work will consist of the construction of an 8 -foot -wide concrete sidewalk along the east side of 43rd Avenue from Airport Drive West to 41s' Street. The sidewalk improvements will be approximately 0.87 miles in length. The work will also include erosion control, maintenance of traffic, ditch grading, minor drainage piping with drainage structures, signing and pavement markings. This is an F.D.O.T. Local Agency Program (LAP) funded project FM No. 440019-1-58-01. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto. Detailed specifications are available at: www.demandstar.com or by selecting "Current Solicitations" at http://www.ircgov.com/Departments/Budget/Purchasing. All communications concerning this bid shall be directed to IRC Purchasing Division at purchasing(a_ircgov.com. All bidders shall submit one (1) original and one (1) copy of the Bid Proposal forms provided within the specifications. Please note that the questionnaire must be filled out completely including the financial statement. BID SECURITY must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total 00100 - Advertisement for Bids REV 04-07 00100-1 I'APublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00100 - Advertisement for Bids REV 04-07.doc 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 and certificates of insurance within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall be retained by the County as liquidated damages and not as penalty. The County reserves the right to delay awarding of the Contract for a period of ninety (90) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. A MANDATORY Pre -Bid Conference will be held on Tuesday, January 7, 2020 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 IS REQUIRED. No bidder arriving after the meeting has begun will be allowed to sign in. INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication in the Indian River Press Journal Dates: December 8, 2019 and December 15, 2019 (This project shall be advertised regionally for a minimum of 30 days) For: Indian River Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building "B" Vero Beach, FL 32960 * * END OF SECTION * * 00100 - Advertisement for Bids REV 04-07 00100-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Or to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00100 - Advertisement for Bids REV 04-07.doc SECTION 00101 — Statement of No Bid Statement of No Bid Should you elect not to bid, please complete and send this page by email (purchasing@ircgov.com), fax (772-770-5140) or by mail to Indian River County Purchasing, 1800 27' Street, Vero Beach, FL 32960. Please select all of the following that apply. Our decision not to bid on the subject project was based on: Project is located too far from our base of operations Project value too low ❑ Project specifications unclear (please explain below) ElMaterial availability may be a challenge ❑ Our current schedule will not allow us to perform Unable to meet insurance requirements ❑ Other: Other: General comments regarding the bid and/or plans and specifications: 000101-1 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00101 - Statement of No Bid.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title Page ARTICLE 1 - DEFINED TERMS..............................................................................................1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS................................................................1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS.......................................................................1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE....................................................................................................................2 ARTICLE 5 - PRE-BID CONFERENCE..................................................................................4 ARTICLE 6 - SITE AND OTHER AREAS.................................................................:..............4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA...............................................................4 ARTICLE 8 - BID SECURITY..................................................................................................5 ARTICLE 9 - CONTRACT TIMES...........................................................................................5 ARTICLE 10 - LIQUIDATED DAMAGES.........................................................................:.......5 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS.........................................................6 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS.......................................6 ARTICLE 13 - PREPARATION OF BID................................................................:.........:........6 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS..........................................................7 ARTICLE 15 - SUBMITTAL OF BID........................................................................................8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID.................................................9 ARTICLE 17 - OPENING OF BIDS.........................................................................................9 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE............................................9 ARTICLE 19 - AWARD OF CONTRACT.................................................................................9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE....................................................11 ARTICLE 21 - SIGNING OF AGREEMENT.................................\..................................... ...11 00200 -Instructions to Bidders—FOR LAP PROJECTS ONLY REV 05-19 00200 - i F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00200-Instructions to Bidders—FOR LAP PROJECTS ONLY REV 05-19.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Awardof Contract.................................................................................... Basis of Bid; Evaluation of Bids................................................................. BidSecurity............................................................................................... Bids to Remain Subject to Acceptance..................................................... Contract Security and Insurance............................................................... ContractTimes.......................................................................................... Copies of Bidding Documents................................................................... DefinedTerms........................................................................................... Examination of Bidding Documents, Other Related Data, and Site ........... Interpretations and Addenda..................................................................... LiquidatedDamages................................................................................. Modification and Withdrawal of Bid........................................................... Openingof Bids........................................................................................ Pre -Bid Conference.................................................................................. Preparationof Bid..................................................................................... Qualifications of Bidders........................................................................... Signingof Agreement................................................................................ Site and Other Areas................................................................................. Subcontractors, Suppliers and Others ....................................................... Submittalof Bid......................................................................................... Substitute or "Or -Equal' Items.................................................................... Article ...........................19 .. .........................14 ............................8 ..........................18 ..........................20 ............................9 ............................2 ............................1 ............................4 ............................7 ..........................10 ..........................16 ..........................17 ............................5 ..........................13 ............................3 ..........................21 ...........................6 .........................12 ..........................15 .........................11 00200 -Instructions to Bidders—FOR LAP PROJECTS ONLY _REV 05-19 00200 - ii FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 05-19.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder - The individual or entity who submits a Bid directly to OWNER. B. Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder - The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. D. ENGINEER - References County Engineer or their designee. 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 for Bids or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 00200 -Instructions to Bidders—FOR LAP PROJECTS ONLY _REV 05-19 00200-1 F:\Pub1icWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00200-Instructions to Bidders—FOR LAP PROJECTS ONLY REV 05-19.doc Rev. 05/01 3.02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERS of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or 00200 -Instructions to Bidders—FOR LAP PROJECTS ONLY—REV 05-19 00200-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Or to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 05-19.doc Rev. 05/01 unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Upon a request directed to the Purchasing Division (purchasing-ircgov.com or (772) 226-1416), 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 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—FOR LAP PROJECTS ONLY REV 05-19 00200-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 05-19.doc Rev. 05/01 H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 The date, time, and location for a MANDATORY Pre -Bid conference is specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are REQUIRED to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 CONE OF SILENCE. Potential bidders and their agents shall not communicate in any way with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to this solicitation. This restriction shall be effective from the time of bid advertisement until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification. 7.02 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER 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 00200 -Instructions to Bidders—FOR LAP PROJECTS ONLY _REV 05-19 00200-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Or to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00200-Instructions to Bidders—FOR LAP PROJECTS ONLY REV 05-19.doc Rev. 05/01 the Issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.03 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 cashier's check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and .met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. 00200 -Instructions to Bidders—FOR LAP PROJECTS ONLY _REV 05-19 00200-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\AP Documents\00200-Instructions to Bidders—FOR LAP PROJECTS ONLY REV 05-19.doc Rev. 05/01 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal' items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02. If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. Only the bid form provided by OWNER is acceptable (Bidders are not to recreate the bid form). 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—FOR LAP PROJECTS ONLY _REV 05-19 00200-6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk—Airport Dr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 05-19.doc Rev. 05101 seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. 13.13 In accordance with Florida Statutes Section 218.80, the "Public Bid Disclosure Act", Indian River County as OWNER is obligated to disclose all license, permit; impact, or inspection fees that are payable to Indian River County in connection with the construction of the Work by the accepted bidder. All permit, impact, or inspection fees payable to Indian River County in connection with the work on this County project will be paid by Indian River County, with the exception of re -inspection fees. The Bidder shall not include ANY PERMIT, IMPACT, NOR INSPECTION FEES payable to Indian River County in the bid. 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 00200 -Instructions to Bidders—FOR LAP PROJECTS ONLY _REV 05-19 00200-7 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\t.AP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 05-19.doc Rev. 05/01 and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: A. Itemized Bid Schedule B. Required Bid security in the form of C. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships D. Sworn Statement Under the Florida Trench Safety Act E. Qualifications Questionnaire F. List of Subcontractors G. Certification Regarding Prohibition Against Contracting with Scrutinized Companies H. DBE Bid Package Information I. Non -collusion Declaration and Compliance J. Certification for Disclosure of Lobbying Activities on Federal -Aid Contracts K. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions L. Certification of Non Segregation & Non Discrimination M. Buy America Certificate of Compliance N. Drug Free Workplace Certification O. LAP Certification of Capacity / Status of Contracts on Hand P. Certification of Sublet Work 00200 -Instructions to Bidders—FOR LAP PROJECTS ONLY REV 05-19 00200-8 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00200-Instructions to Bidders—FOR LAP PROJECTS ONLY REV 05-19.doc Rev. 05/01 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title and Bid Number (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. 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. 00200 -Instructions to Bidders—FOR LAP PROJECTS ONLY REV 05-19 00200-9 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00200-Instructions to Bidders—FOR LAP PROJECTS ONLY—REV 05-19.doc Rev. 05/01 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the lowest, responsive, responsible bidder. 19.07 OWNER will forward tabulations of bids to FDOT for approval prior to award of Contract. 19.07 OWNER has no local ordinance or preferences, as set forth 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. 19.09 CONTRACTOR certifies that it and its related entities as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and its related entities as defined above by Florida law are not on the Scrutinized. Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies, that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 00200 -Instructions to Bidders—FOR LAP PROJECTS ONLY—REV 05-19 00200-10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00200-Instructions to Bidders FOR LAP PROJECTS ONLY REV 05-19.doc Rev. 05/01 Accordingly, firms responding to this solicitation shall return with their response an executed copy of the attached "Certification Regarding Prohibition Against Contracting With Scrutinized Companies." Failure to return this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration. 19.10 Except in the case of a concession agreement, as defined in Section 710.703 of this title, no public agency shall be permitted to bid in competition or to enter into subcontracts with private CONTRACTORS. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to Public Construction Bond and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required insurance certificate(s) and Bond, unless the Bond has been waived due to the total contract being less than $100,000. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21.02 OWNER shall return one fully signed counterpart to Successful Bidder. 21.03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21.01 above,•the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires. * * END OF SECTION * * 00200 -Instructions to Bidders—FOR LAP PROJECTS ONLY REV 05-19 00200-11 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00200.Instructions to Bidders—FOR LAP PROJECTS ONLY REV 05-19.doc Rev. 05/01 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 Certification Regarding Prohibition Against Contracting with Scrutinized Companies 00460 DBE Bid Package Information 00470 Non -Collusion Declaration and Compliance 00472 Certificate 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 SUBMIT ONE (1) ORIGINAL AND ONE (1) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents - REV 08-10 003001 R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00300 - Bid Package Contents - REV 08-10.doc SECTION 00310 - Bid Form PROJECT IDENTIFICATION: Project Name: 431 AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET County Project Number: Bid Number: Project Address: Project Description: IRC -1503 2020016 43rd Avenue from Airport Drive West to 41St Street, Vero Beach, Florida 32960 & 32967 The work will consist of the construction of an 8 -foot -wide concrete sidewalk along the east side of 43rd Avenue from Airport Drive West to 41s' Street. The sidewalk improvements will be approximately 0.87 miles in length. The work will also include erosion control, maintenance of traffic, ditch grading, minor drainage piping with drainage structures, signing and pavement markings. This is an F.D.O.T. Local Agency Program (LAP) funded project FM No. 440019-1-58-01. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 180027 1h Street VERO BEACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number 12/18/19 1 1/10/20 2 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. 00310 - Bid Form for LAP PROJECTS ONLY 00310-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503.43rd Ave Swk_Airport or to 41st St\1-AdminlBids\Bid Documents\LAP Documents100310 - Bid Form for LAP PROJECTS ONLY.doc C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 - Bid Form for LAP PROJECTS ONLY 00310-2 F:\PubIIcWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00310 -Bid Form for LAP PROJECTS ONLY.doc ITEMIZED BID SCHEDULE - Addendum 1 PROJECT NAME: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41st STREET PROJECT NO: IRC -1503, BID NO. 2020016, FM NO. 440019-1-58-01 BIDDER'S NAME: PRP Construction Group, LLC 00310-3 C:\Userslplamana\Desktop\Remized Bid Schedule Item No. Description Unit Unit Price Quantity Amount 101-1 MOBILIZATION LS 16,500.00 1 16 500.00 102-1 MAINTENANCE OF TRAFFIC LS 1 4 7s n n n 1 4.750.00 104-1 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION LS jo.25o.00 1 10,250.00 110-1-1 CLEARING & GRUBBING LS 11 250.00 1 11.250.00 120-1 REGULAR EXCAVATION CY 23.00 1,599 36 777.00 120-6 EMBANKMENT CY 15.00 1,607 94 11715 On 121-70 FLOWABLE FILL CY 215.00 25.4 no 286-1 TURNOUT CONSTRUCTION / DRIVEWAY BASE - OPTIONAL MATERIALS SY 35.00 117 409500 334-1-13 SUPERPAVE ASPHALTIC CONC, TRAFFIC C (PG 76-22, WITH POLYMER) (SP 12.5, 2 LIFTS OF 1.5" TN 175.00 8.8 1 54n on 400-1-2 CONCRETE CLASS I, ENDWALLS CY 1.15o.00 9.06 10,419.00 425-1521 INLETS, DT BOT, TYPE C, <10' EA 22730 4 9,092.0 425-1551 INLETS, DT BOT, TYPE E, <10' EA 2.855.00 2 571000 430-175115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15"S/CD RCP LF 31.5 70 2,205.00 430-175124 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 24"S/CD RCP LF 62.00 152 9,424.0 430-175136 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 36"S/CD RCP LF 150.00 109 16 350.00 430-984625 MITERED END SECT, OPTIONAL - ELLIPTICAL / ARCH, 18" SD EA 925.00 4 3.70 .00 515-2311 PEDESTRIAN/BICYCLE RAILING, ALUMINUM ONLY, 42" TYPE 1 LF 34.50 161 5 554 ,in 522-2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK FIBER -REINFORCED SY 44.00 4,016 527-2 DETECTABLE WARNINGS SF 4300 42 1,806.00 570-1-2 PERFORMANCE TURF, SOD MATCH EXISTING SY 3.00 9,130 27,39000 700-1-50 SINGLE POST SIGN, RELOCATE AS 175.00 1 175.00 700-1-60 SINGLE POST SIGN, REMOVE AS 35.00 2 70.00 THERMOPLASTIC, 711-11123 STANDARD, WHITE, SOLID, 12" FOR CROSSWALK AND ROUNDABOUT LF 3.55 86 msm THERMOPLASTIC, 711-11125 STOP STANDARD, WHITE, SOLID, 24" FOR LINE AND CROSSWALK LF 12 144.00 999-1 AS BUILT SURVEY BY REGISTERED SURVEYOR LS la.625.00 1 1 18,625.00 00310-3 C:\Userslplamana\Desktop\Remized Bid Schedule ITEMIZED BID SCHEDULE -Addendum 1 PROJECT NAME: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41st STREET PROJECT NO: IRC -1503, BID NO. 2020016, FM NO. 440019-1-58-01 BIDDER'S NAME: PRP Construction Group, LLC Item -No.',', Descri tion Unit ,Unit Price Quantity` Amount 1644800 FIRE HYDRANT, RELOCATE EA 1 2.425.00 1 $2425.00 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41st STREET $404,826.80 999-25 FORCE ACCOUNT 70,000.00 TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT TOTAL $474,826.80 LS=Lump Sum CY=Cubic Yard SY=Square Yard TN=Ton EA=Each LF=Linear Foot SF=Square Foot AS=Assembly NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE, THE BID SCHEDULE WILL BE UTILIZED FOR BIDDING PURPOSES. TOTAL PROJECT BID AMOUNT IN WORDS Four Hundred Seventy Four Thousand, Eight Hundred Twenty Six Dollars, and Eighty Cents 00310-4 C:\Users\plamana\Desktop\Itemized Bid Schedule 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.8 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. Required Bid security in the form of 9% Bid Bond B. Itemized Bid Schedule; C. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships; D. Sworn Statement Under the Florida Trench Safety Act; E. Qualifications Questionnaire; F. List of Subcontractors; G. Certification Regarding Prohibition Against Contracting with Scrutinized Companies; H. DBE Bid Package Information; I. Non -collusion Declaration and Compliance; 00310 - Bid Form for LAP PROJECTS ONLY 00310-5 FAPublic Works\ENGINEERING DIVISION PROJECTSM03-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00310 - Bid Form for LAP PROJECTS ONLY.doc - J. Certification for Disclosure of Lobbying Activities on Federal -Aid Contracts; K. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions; L. Certification of Non Segregation & Non Discrimination; M. Buy America Certificate of Compliance; N. Drug Free Workplace Certification; O. LAP Certification of Capacity / Status of Contracts on Hand, and; P. Certification of Sublet Work 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on January 16th , 202Q. State Contractor License No. CGC1510570 If Bidder is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business address: Phone No.: Email: A Partnership Partnership Name: FAX No.: By: (Signature of general partner -- attach evidence of authority to sign) .Name (typed or printed): Business address: Phone No.: Email: FAX No.: (SEAL) (SEAL) A Corporation Corporation Name: PRP Construction Group, LLC (SEAL., State of Incorporation: Florida TypejGLn,qeral Business, Professional, Service, Limited Liability): LL By: 00310 - Bid Form for LAP PROJECTS ONLY 00310-6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00310 -Bid Form for LAP PROJECTS ONLY.doc (Signature -- attach evidence of authority to sign) Name (typed or printed): Peggy Sheltra Title: President Attester _____- (CORPORATE SEAL) (���t'u uorate Secretary) Business address: 8300 SW Springhaven Ave Indiantown, FI 34956 Phone No.: _772-597-6923 FAX No.: None Email: plasheltmagmail.com Date of Qualification to do business is 8/25/2011 A Joint Venture Joint Venture Name: By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Email: Joint Venture Name: By: FAX No.: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Email: FAX No.: Phone and FAX Number, and Address for receipt of official communications: (SEAL) (SEAL) (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) * * END OF SECTION * * 00310 - Bid Form for LAP PROJECTS ONLY 00310-7 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Alrport or to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00310 - Bid Form for LAP PROJECTS ONLY.doc THE AMERICAN INSTITUTE OF ARCHITECTS iv AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we PRP Construction Group, LLC (Here insert full name and address or legal title of Contractor) 8300 SW Springhaven Ave., Indiantown, FL 34956 as Principal, hereinafter called the Principal, and (Here insert full name and address or legal We of Surety) Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto Indian River County BOCC 1801 27th Street, Vero Street, FL 32960 as Obligee, hereinafter called the Obligee, in the sum of ---- ------ Five Percent of Amount Bid --------------------------------------------------------------------- Dollars ($ _5%— ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has submitted a bid for (Here insert full name, address and description of project) 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41st STREET and Bid No. 2020016. Vero Beach, FL 32960 (Indian River County) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd 6jyl-,A- (Witness) Courtney R. son OVitness) day of January, 2020 PRP Construction Group, LLC (Principal) (S(.l) Travelers Casualty and Surety Company of America (Sur .) / (Seal) Jor e L. Bracamonte (Title) Attorney -In -'Fact & Florida Licensed Resident Agent Inquiries: (321) 800-6594 AIA DOCUMENT A310 . BID BOND. AIA 0. FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 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. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2020016 for 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41s' STREET — IRC -1503 2. This sworn statement is submitted by: PRP Construction Group, LLC (Name of entity submitting Statement) whose business address is: 8300 SW Springhaven Ave Indiantown Fl 34956 My name is Peggy Sheltra (Please print name of individual signing) and my relationship to the entity named above is President 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] x Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. 00452-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\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 or entity STATE OF COUNTY OF Martin Name of County Commissioner or employee Relationship Sig�iiature) 1/16/20 (Date) The foregoing instrument was acknowledged before me this 16th day of January 12020, by Peggy Sheltra , who is personally known to me or who has produced as identification. NOTARY PU IC SIGN: Y- "atC/k/t kj PRINT: Andrea Bourhault Notary Public, State at large My Commission Expires: April 29, 2023 (Seal) :•«"Y'`!t ANDREABOURGAULT A? My COMMISSION N GG 506312 '•. .oP ; EXPIRES: Apel 29, 2023 �"�` BorMed Thru Nobq PubNc Underrrkera 00452-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00452 Disclosure of Relationships.doc SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. 1. This Sworn Statement is submitted with Project No. IRC -1503 for 431 AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET 2. This Sworn Statement is submitted by PRP Construction Group. LLC (Legal Name of Entity Submitting Sworn Statement) , hereinafter "BIDDER". The BIDDER's address is 8300 SW Springhaven Ave, Indiantown, FI 34956 BIDDER's Federal Employer Identification Number (FEIN) is 453220690 3. My name is Peggy Sheltra and my relationship to the BIDDER (Print Name of Individual Signing) is President (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et.seg. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of $ _10 , 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: Sloping 331' 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 $ .00 based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: N/A 00454 - Florida Trench Safety Act - REV 04-07 00454-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin0ds\Bid DocumentsWaster Contract Documents\00454 -Florida Trench Safety Act - REV 04-07.doc The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. N Date: 1/16/20 STATE OF FL COUNTY OF Martin Personally appeared before me, the undersigned authority, Peggy Sheltra who after first being sworn by me, affixed his/her signature in the space provided above on this 16th day of January 20 20 . ,�— Bbl N&dry Public, State at lar My Commission Expires: April 29, 2023 ANDREA�g OURGAUIT *i MY COMMISSION # 906312 p�R 1 9 023 * * END OF SECTION Bonded it,ru Notary Fubrc Urldenvriters 00454 - Florida Trench Safety Act - REV 04-07 00454-2 R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\I3ids\Bid Documents\Master Contract Documents\00454 - 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. Documentation Submitted with Project No: IRC -1503 Project Name: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET Bidder's Name / Address: PRP Construction Group- LLC 8300 SW Springhaven, Indiantown. FI. 34956 2. Bidder's Telephone & FAX Numbers: 779-.97-6923 FAX - NnnP 3. Licensing and Corporate Status: a. Is Contractor License current? Yes 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: 8 1/2 Years 5. What is the last project OF THIS NATURE that the firm has completed? PAAR SiriewAlk City of Port St Lucie 6. Has the firm ever failed to complete work awarded to you? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 9. Has the firm implemented a drug-free workplace program in compliance with Florida Statute 287.087? YES 00456 - Qualifications Questionnaire 00456 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\3id Documents\Master Contract Documents\00456 - Qualifications Questionnaire.doc (In the case of a tie, preference will be given to businesses with drug-free workplace programs) 10. Has the firm ever been charged with noncompliance of any public policy or rules? O [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 11. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 12. Has the firm ever defaulted on any of its projects? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 13. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 14. Name of person who inspected the site of the proposed work for the firm: Name: _Ricky Sheltra Date of Inspections: 1/17/2020 15. Name of on-site Project Foreman: Jose Pedrosa Number of years of experience with similar projects as a Project Foreman: 20 years 16. Name of Project Manager: Ricky Sheltm Number of years of experience with similar projects as a Project Manager: 35 yparc 17. State your total bonding capacity: $15,000,000.00 18. State your bonding capacity per job: $ 5,nnn,nnn nn 19. Please provide name, address, telephone number, and contact person of your bonding company: JCA Surety Group, LLC, 123 Zelma St.Suite A. Orlando, Fl. 3803 Jorge Bracamonte 407-575-4361 [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire 00456-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-03rd Ave Swk Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00456 - Qualificatlons Questionnaire.doc - / : � � « � / 2 @ Z 0) 0 / a) m \ E 0 U 2 Tl— 0 � k§ -� k_ 7 J ©co \ 7 _/ g 7E G / k GF). 2 2 v . 2 § § C) % J co 0 / _ = 6 . �E \ Cl \ F« CNF co cli a = 6q k O 2 ■ § E R @ 0 ®2 z CO ©» 19E / ae CN m \ kk $ t # 00 \ \ § a) Z I , LO e w— n k/ - 0 2 \tom 2 °/?� 0>� a 2 20) �n'2\�°�[L- CN L) k cc \j�§)�\§�§�§w3� w�)ƒk§,oc k ƒ)$� ,Co a) } aka k\2 U) §LU Q .2 )0D Lj2��kruk/}} IEam c�Eo g (D 0 m 3 m = 7 # \ 2LL O ] Mn 7( \ § E ■_� / / 04 . kE Q . 0) j \ 0 \ \ c $ v 2 ■ a a �co /� . \ \/ \ � x 7 Em �f 3$ § § m §� E\ 2/ 0C: oo k I � 0 SECTION 00458 - List of Subcontractors The Bidder MUST list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, additions, 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. IRC -1503 for 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 411s" STREET Note: Attach additional sheets if required. * * END OF SECTION * * 00458 - List of Subcontractors REV 3-18A 00458-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid DocumentsWaster Contract Documents\00458 - List of Subcontractors REV 3-18A.doc Work to be Performed Subcontractor's Name/Address Portion of Work 1 _ Surveying and Asbuilts BSM & ASSOCIATES 80 SE 31 st Lane Okeechobee, FL 34974 5% 2. Concrete work Mosley & bon Construction 1400 SE Monterey Road Stuart, FL 34994 20% 3. Striping & Sin Complete Striping & Signage P. O. Box 651054 Vero Beach Florida 32965 3% 4. Sod Natures Keepers Inc 302 S Brocksmith Road Fort Pierce, FI. 34945 3% 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Note: Attach additional sheets if required. * * END OF SECTION * * 00458 - List of Subcontractors REV 3-18A 00458-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid DocumentsWaster Contract Documents\00458 - List of Subcontractors REV 3-18A.doc SECTION 00460 - CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Name of Respondent: PRP ConsttruucttmonGroup. LLC By: (Authoriz �1re) Title: President Date: 1/17/2020 00460 - Certification Regarding Prohibition Against Contracting 00460-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00460 - Certification Regarding Prohibition Against Contracting.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11 DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OFF0117 Page 1 of 2 SECTION 00470 DBE Utilization The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 10.65% 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. 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. During 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 to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: https://www3 dot state fl us/Egu alOpportunityCompliance/Account aspx/Login ?Return Url=%2fEgua10ppor tunityCompliance%2f . [IZIMIID STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11 DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OFFICE tom Page 2 of 2 SECTION 00470 DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-11B) 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 Plan 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. 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 "bar' 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.fl.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. 1111 OIN — 275-0m.11a MVIF PRP Construction Group, LLC EQUAL OFFOATUP-rrfOFFICE 8300 Stiff 8pringhaven Ave Fa991012 Inidiantovm, Fl. 3 955 PRP_ Construction Group. LLC hereafter referred to as "the Company" or "this Company" has adopted this policy and plan, Date: '10/8/19 Sy; SignatureCorporate FEW No.. 453220690 1 tr1 a /President printed name & title DISADVANTAGED BUSINESS ENTERPRiSE ('DRE') AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of this Company that disadvantaged businesses, as defined by 49 CFR Part 26, Subpart D and implemented under Rule Chapter 14-78, RA.C., shall have the opportunity to participate as subcontractors and suppliers on ail contracts awarded by the Florida Department of Transportation (FDOT). The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered into between FDOTI and the Company. Subcontractors and/or suppliers to the Company will also be bound by the requirements of Rule Chapter 14-78 F.A.C. and its subcontractors shall take all necessary and reasonable steps in accordance with Chapter 1478, F.A.C., to ensure that disadvantaged businesses have the opportunity tO compete and perform work contracted with FDOT. The Company and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with FDOT. The Company has designated and appointed a Liaison Officer to develop, maintain, and monitor the DSE Affirmative Action Plan implementation. The Liaison Officer will be responsible for disseminating this policy statement throughout the Company and to disadvantaged controlled businesses. This statement is posted on notice boards of the Company. 1. DESIGNATION OF LIAJ$ON OFFICER The Company will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts with FDOT. The Company has appointed a Liaison Officer to develop and maintain this Affirmative ,Action Plan In accordance with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have pelmary 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 FDOT contracts; (2) The Liaison Officer will submit all records, reports, and documents required by FDOT, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of FDOT. The following individual has been designated Liaison Officer with responsibility for implementing the Company's affirmative action program in accordance with the requirements of FDOT. rq r9 DOE LIAISON OFFICER: NAME: Peggy Sheltra TITLE: President EMAIL: ppsheltra@gmail.com AD0RESS: 9300 SW Springhaven Ave, Indiantown, Ff. 34956 0 rA M > 0< rn Florida epart ent of Transportation RON MANTIS 605 .Sun ane+cStn—d KEi•TN J.HBAITLTP.E. ee, t 10/8/2019 RE: DEE AFFIRMATIVE ACTION PLAN APPROVAL The Disadvantaged Business Enterprise Affirmative Action Plan submitted by; PRP CONSTRUCTION GROUP LLC has been approved for a period of three years. Please update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation Projects, it will not be necessary for you to submit a new plan. If you need any additional information, please contact rase at (050) 414-4747. Sincerely, Stefan Kulakowski State Contract Compliance Administrator Equal Opportunity Office AFFIRMATIVE ACTION PLAN EXPIRATION: 10/8/2022 This plan is one of the requirements to bid on contracts for the Florida Department of Transportation This is not approval for Unified Certification Program Disadvantoqed Business Enterprise (UCP/DEE).CertMcatlon For additional information in becoming a DBE, contact the Certification Section at (850)4/4-4741 SECTION 00472 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-060-13 NON -COLLUSION DECLARATION AND RIGHT OF WAY 05/01 COMPLIANCE WITH 49 CFR § 29 Page 1 of ITEM/SEGMENT NO.: F.A.P. NO.: ITR -909001 R-11-91711901,11-1 MANAGING DISTRICT: 4 PARCEL NO.: COUNTY OF: Indian River Count BID LETTING OF: January 22.2020 I, Peggy Sheltra hereby declare that I am (NAME) President Of PRP Construction Group, LLC (TITLE) (FIRM) of Indiantown. FI. (CITY AND STATE) and that I am the person responsible within my firm for the final decision as to the price(s) and amount of this Bid on this State Project. I further declare that: 1. The prices(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to the bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any other firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this Declaration. 8. As required by Section 337.165, Florida Statutes, the firm has fully informed the Department of Transportation in writing of all convictions of the firm, its affiliates (as defined in Section 337.165(I)(a), Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while in the employ of another company. 00472-1 575-060-13 RIGHT OF WAY 05/01 Page 2 of 3 9. 1 certify that, except as noted below, neither my firm nor 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) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR §29.110(a), by any Federal department or agency; (b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against him or her 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) is 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 9(b) of this certification; and (d) has within a three-year period preceding this certification had one or more Federal, State or local government public transactions terminated for cause or default. 10. I(We), certify that I(We), 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 contract by any Federal Agency unless authorized by the Department. Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered (1) through (10), 1 have provided an explanation in the "Exceptions" portion below or by attached separate sheet. EXCEPTIONS: (Any exception listed above will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate to whom it applies, initiating agency and dates of agency action. Providing false information may result in criminal prosecution and/or administrative sanctions.) I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR: (Seal) PRP Construction Group, LLC BY: Sheltra President WITNESS:IAL,�e,N E AND TITLE PRINTED BY:4 2� WITNESS: LOX SIGNATURE Executed on this 17th day of January , 2020 FAILURE TO FULLY COMPLETE AND EXECUTE, THIS DOCUMENT MAY RESULT IN THE BID BEING. DECLARED NONRESPONSIVE 00472-2 575-060-13 RIGHT OF WAY 05/01 Page 3 of 3 REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors, material suppliers, vendors and other lower tier participants. - Appendix B of 49 CFR Part 29 – Appendix B—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, 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. 3. 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 when submitted or has become erroneous by reason of changed circumstances. . 4. 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 person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that 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. 6. 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. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it 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. 8. 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 a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 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. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions (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 voluntary excluded from participation in this transaction 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. 00472-3 SECTION 00474 375-030-33 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES 10/01 ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing 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 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. (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 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 PRP ronctnintir n (;roup, I I C By: k (+r' ,- Date: 1n7/2n Authorized Signature: Title: President F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St 1-Admin\Bids\Bid Documents\LAP Documents\00474 - CERTIFICATION for DISCLOSURE OF LOBBYING ACTIVITIES.doc STATE OF FLORIDA D=P.AFTAIENT OF TRANOMR7ATION 37543 IU DISCLOSURE OF LOBBYING ACTIVITIES ?RaOtAREME,6 D2 Is this form applicable to your firm? YES ❑ NO If no, then please complete section 4 below for "Prime' 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement d. loan c. post-miward For Material Change Only: Year: Quarter e. loan guarantee f. loan insurance Date of last report: (mm/dd/yyyy) 4. Name and Address of Reporting Entity: © Prime ❑ Subawardee 5. If Reporting Entity in No. 4 is a Subawardee. Enter Name and Address of Prime: Tier . if known. PRP Construction Group.LLC 19300 SW Springhaven Ave Indiantown, FI Congressional District, if known: Congressional District, if known: 4c 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was piaced Signature:i4 by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. Print Name: This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than 510,000 and not more than Title: President 5100,000 for each such failure. Telephone No.: 772-597-6923 Date (mmldd/yyyy): 01/21/2020 Federal Use Only: Authorized for Local Reproduction Standard Form LLL Rev.7-97 00474-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk Airport Dr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00474 - CERTIFICATION for DISCLOSURE OF LOBBYING ACTIVITIES.doc FF.CCU4E4t3!IC C n r as F�5e s c'. INSTRUCTIONS FOR COMPLETION OF SF -LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure ferns shall be completed by titre reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. Tse 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 a Member of Congress in connection with a covered Federal action. Complete al, items that apply for bath the initial filing and matenai change report. Refer to the imptementing guidance published by the Office of Management and Budget for additional information. i. Identify the 'type of covered Federal action for which lobbying activity is andlor has been secured to infuence the outcome of a covered Federal action. 2. Iderlffy the status of the covered Federal action. 3. Identity the appropriate classification of this report. If this is a foilowup report caused by a crated 11 change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of Me lost previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fuilname, address, city. State and zip code of the reporting entity. Include Congressional Dist ct, if known. Check the appropriate classification of the reporting entity that designates it it is_ or expects to be, a prise or subaward recipient. Identify the tier of the sui)awardee. e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee." then enter the fill name, address. city. State and zip code of the prime Federal recipient. Include Congressional District, if known. 5. 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 commitments. S. 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 (IFBI number, grant announcement number; the contract. grant, or loan award number; the app€icatiorliproposal control number assigned by the Federal agency). !nclude prefixes. e.g., "RFP -DE -90-001." 9. For a covered Federal action where there has been an award or loan commitment by tr:e Federai agency, enter the Federal amount of the award loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the Pill 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. fb} Enter the full names of the individuai(s) performing services, and include Pill address if different from 10 (a . Enter Last Name. First Name, and Middle Initial (MI), 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Aocording to he Paperwork Reduction Act, as arnerded, no persons are required to respond to a collecton of information unless it displays a valid CRAB Ccrtrcl Number. Thp- valid ONIS oontrol number for this informadon collector. is 01MB No. 034E-0046. Public ;eporim3 burden for this collection of infcrmatcn is estimated to average 20 minutes oer response, incuding time for reviewing ins-trunztons, searching existing data 'sour-oes, gatheeng and maintaining he data needed, and completing and revietirng he collection of irtormation_ Send comments regarding the burden estimate or any other aspect of this collection, of informatkin, im-luding suggestons rcr redudng this burden,, to he Cffoe of Managemem and Budges Paperwork P.educticn Project (.0345 -MY -6). V.'ash.':ngton. DC 2066.03. 00474-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk Airport Dr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00474 - CERTIFICATION for DISCLOSUR-E OF LOBBYING ACTIVITIES.doc 61X9*111Is] ►911111 -1 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." Company Name: PRP Construction Group LLC Authorized By Title: President Date: 1/17/20 00476-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00476 - Certification Regarding Debarment.doc SECTION 00490 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-13 CERTIFICATION OF NON SEGREGATION EOUALOPPORTUNITYOFFIM o7As NON DISCRIMINATION SECTION 1: PROJECT IDENTIFICATION 1. Financial Project No. 2. F.A.P. No. 3. FOOT LAP Contract No. 4. Count 5. District or Name of Local A enc FM NO 440019-1.58-01 INDIAN RIVE B.Prime Contractor's Name PRPCONSTRUCTION GROUP, LLC Mompany Name of Contractor Supplier, Rental Company or Agency Submitting this certification S. FEID No of Co. In Box 7 45-3220690 SECTION 2: CERTIFICATION STATEMENTS 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 C. We will obtain and retain identical supplier agreement this company subsequently enters certifications from proposed subcontractors into for this contact will require this same Certification. 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 fountains, recreation or entertainment area, termination; rates of pay and other forms of transportation, and housing facilities provided for compensation; and selection for training, including 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 Incorporated in this certification. 9. Name firstilast of corporate Official signing Certification 1 10. Job Title of person named in Box 9 Peggy SheRra President 11. Signature of Certifyina Official 12. Data of Signature e� 01/21/2020 00490-1 275-030-13 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: FEID 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 inBox 9 Box 12: Date of signature — Month/day/year of signature 00490-2 SECTION 00492 BUY AMERICA CERTIFICATE OF COMPLIANCE CERTIRCATE OF COMPLIANCE COMPLIANCE The bidder hereby certifies that it will comply with the requirements of 23 C.F.R. 635.410, as amended, and utilize only iron or steel manufactured in the United States, or components made with iron or steel that meet the Buy America requirements. Bidder acknowledges that it will be required to produce Buy America 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: PRP Construction Group, LLC Authorized By: Title: President Date: _ 1/17/20 00492-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk Airport Dr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00492 - BUY AMERICA CERTIFICATE OF COMPLIANCE.doc SECTION 00494 DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that PRP Construction Group LLC does: (Name of Business) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under this bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo 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, I certify that this firm complies fully with the above requirements. add _rigna re 1117/9n Date 00494-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00494 - DRUG FREE WORKPLACE CERTIFICATION.doc CONFIDENTIAL SECTION 00496 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION / 525.010.46 LAP CERTIFICATION OF CURRENT CAPACITY PRODUCTION SUPPORT i Ws Page 1 of 2 For bids to be received on January 29, 2020 _ (Letting Date) CERTIFICATE Fill in your FDOT Vendor Number VF ------------- (Only applicable to FDOT pre -qualified contractors) 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 the "Status of Contracts on Hand" report (page 2) $ 2, 706, 457.00. 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 151h 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. Sworn to and subscribed this 21 day of _ January . 20 20 PRP Construction Croup, LLC NAME OF FIRM By: 'Wesideill Title 00496-1 t c o O y ti O p E 3: 'c a z �cn O Co v CO O V 7 z �a) O 0.0 LL O �5s M 0 3 c � p� O O 0 E O U O` s a NC ` .` L Y L 3 00496-2 w z it 0 CD 4 O U c o64 ui F CD CD O O F 0 O L N C F m U) 64 ~69. N fos 00 Q O m O � wOO o CD 0 CD O 2 C0 CD LO a F o Ln Ln ZO 0 coz o Ln '" C% Z Q 0 sFi r, Y z Osco X00 o}z LU M LU LL 0 o Lu a0Z gp? wUz U9O p 00 o o oM ,It QZ I- O 2 o o o en Ln Ln cn a: O m O zoo mz U Q QpQ 6s VD. O O 0=� a Lo c Y ZWW � J 2 O O O O O _ y 7 f0 aJ M Omt- �QO 00 O 0 O Ln p C USED Q W 0 Ln � O rl - � c.o.. c $Evcm cc cu comic 3 0 y a`�i off= � m O m �Z o o c o j6ma� N 0 IOO o r1l C o on cn v °c R E y v F -UQ oho I �, o ^U 0t Z m o� o co c U) 00N EA E cv y U O �o12w ❑ ' O G Z° to pp c 0 d Y y C 7 i m U y V U~ U iocom •- o Cl) w > .- o 0 o w 3��c o O N o mo � A T W Q n v r V V v �� B d ri c 3 Z 00 co[ c o O G 0 c o a. co A Qb e 'dd ° O cz A OU) C U ° N LU o f w y oa V v V o c4 EEu��:° AML O LU w ,, F o a, on .v � o $3m oaa.c D ° o•coa o Um�o 0 U�°� FAQ nAv'F H c -b� Z.0 ccU N 00496-2 9:50 AM 01/22/20 Accrual Basis PRP Construction Balance Sheet As of January 22, 2020 Page 1 Jan 22, 20 ASSETS Current Assets Checking/Savings 105.006 • CHASE CHECKING 3729 464,087.26 105.007 • Chase Savings 8,569.63 105.008 • Seacoast Bank 421,670.88 Total Checking/Savings 894,327.77 Accounts Receivable 108.001 • Accounts Receivable - Contracts 1,593,879.16 Total Accounts Receivable 1,593,879.16 Other Current Assets 108.005 • Loan To Shareholder 20,996.26 108.100 • Retainage Due 651,550.57 108.300 • Employee Advances 13,102.74 108.103 • Costs/earnings in excess biling 259,519.00 Total Other Current Assets 945,168.57 Total Current Assets 3,433,375.50 Fixed Assets 253.001 • Office Furniture & Fixtures 5,510.00 251.001 • Machinery and Equipment 2,370,862.53 252.001 • Autos & Trucks 571,101.79 256.001 • Buildings and Improvements 115,248.18 280.001 • Accumulated Depreciation -1,000,066.09 Total Fixed Assets 2,062,656.41 Other Assets 354 • Land 77,280.00 Total Other Assets 77,280.00 TOTAL ASSETS 5,573,311.91 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 402.001 • Accounts Payable 214,738.33 Total Accounts Payable 214,738.33 Credit Cards 451.027 • BLUE DELTA SKYMILES #1-1101 -10,476.53 451.028 • AA MC #4595 -1,247.02 451.029 • AA MC #9763 -21.28 451.030 • Carnival MC #5790 -8,970.43 451.031 • Chase #9994 1,170.92 451.026 • Marriott #4308 469.96 451.035 • Sam's Club #9483 -5,055.75 Total Credit Cards -24,130.13 Other Current Liabilities 451.012 • CSI Trucking 36,418.00 451.000 • Current Liability 451.007 • CP Ally '17 Ford F250 #9155 -399.71 451.014 • CP Ford 8601 '18 F250 #7271 5,053.25 451.005 • CP Ford #9997 '17 F350 #3763 6,024.86 451.006 • CP JD #0911 Hitachi Z135 #0225 -147.96 451.002 • CP JD #6432 524K Loader #7653 9,793.56 451.011 • CP JD #6550180GLC #0554 9,891.73 Total 451.000 • Current Liability 30,215.73 Page 1 9:50 AM PRP Construction 01/22/20 Balance Sheet Accrual Basis As of January 22, 2020 Page 2 Jan 22, 20 461.001 • Billing in excess of earnings 1,249,290.00 451.098 • Garcia Savings 500.00 Total Other Current Liabilities 1,316,423.73 Total Current Liabilities 1,507,031.93 Long Term Liabilities 501.012 • LOADER ID#5108 SN 0634 150,145.60 501.009 • CP JD #0355 2019 85G EXCAVATOR 73,037.80 501.000 • Long Term Liability 501.008 • LT Ally '17 Ford F250 #9155 14,297.08 501.014 • LT Ford 8601 '18 F250 #7271 14,014.03 501.005 • LT Ford #9997 '17 F350 #3763 14,487.48 501.006 • LT JD #0911 Hitachi Z135 #0225 5.85 501.002 • LT JD #6432 524 Loader #7653 30,409.50 501.011 • LT JD #6550180 GLC Ex #0554 30,677.80 501.010 • LT Kubota Skid Steer #5934 11,682.48 501.013 • LT Seacoast Building 71,801.24 Total 501.000 • Long Term Liability 187,375.46 Total. Long Term Liabilities 410,558.86 Total Liabilities 1,917,590.79 Equity 514 • Shareholder Distributions -259,526.53 511 • Capital 1,000.00 512 • Additional Paid in Capital 29,163.50 513 • 'Retained Earnings 3,999,259.60 Net Income -114,175.45 Total Equity 3,655,721.12 TOTAL LIABILITIES & EQUITY 5,573,311.91 Page 2 u L4j w Qu z 0 C:f 0 z w LU 0 U P� 0 u LI) V, U 0� 0 .i LL U. 0 Lli viii N LL o dx I. z LLI Z 0 Lu z 0 WU EA u 0 'm LA -C 0 E 0 m m E Q 0 Le) 0 :E m 0 Y --s 04-1 75 C: lz 0 m C) 7E (2; O < ] z $2 / 0 /IL/2 F- 2 ±um_ 0 X�_\§ C) /§�\ U) 0 §fi Rm w ƒƒƒZ� /t\ �MLj kq } \ / cz / / ] j IL m t R §//\ 0 0 « n § $ LLSJ/ §$0. o0I3:F- � 2 § ? g 2 2 Cl) a 0: � _ 2 s a s s vk � to � } o f 2 j IL m t R §//\ 0 0 « n § $ LLSJ/ §$0. o0I3:F- � 2 § ? g 2 2 Cl) a 0: � _ 1 JJ IDA rJ O A O Lf) M ❑ J U � > CL =O j ami Q J Z W tn Z> Z j Q m U .2 Q } o 2 t7 J U' D C: Z LL Z LLJa. 0' J M Z a a M N O N zx 0 O N ?y H LU a U o ❑ c ti Q (n a i' ? 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O R E2 C1 m '- O IZ m m « 0 m C a m N � N d E m c N f0 'm 2` m a m N C @ d C y a m O C c E 0 0 0 700-010-36 CONSTRUCTION 11/17 Page 2 of 2 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 "1 ". 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. a) Note: Notary not required when form is digitally signed. 00500-2 BOARD OF COUNTY COMMISSIONERS 'El? ER C° GZ 2 � �oROD� March 10, 2020 via Email PRP Construction Group, LLC Attn: Ms. Peggy Sheltra 8300 SW Springhaven Avenue Indiantown, FL 34956 ppsheltra@gmail.com NOTICE OF AWARD Reference: Indian River County Bid No. 2020016 43rd Avenue Sidewalk from Airport Drive West to 41St Street Dear Ms. Sheltra: It is my pleasure to inform you that on March 10, 2020 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 award amount ($474,826.80). 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. 4. W-9. S. Active registration with Indian River County Building Division. 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, W-9, 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 March 25, 2020. 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, C:�A+ *'�� Jennifer'Hyde Purchasing Manager Cc: Rob Skok Office of Management and Budget • Purchasing Division 1800 27th Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140 E-mail: purchasins@ircgov.com SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1 - WORK.................................................................................................................................2 ARTICLE 2 - THE PROJECT..................................................................................................................2 ARTICLE3 - ENGINEER........................................................................................................................ 2 ARTICLE 4 - CONTRACT TIMES......................................................................................................... 2 ARTICLE 5 - CONTRACT PRICE............................................................................................---............ 3 ARTICLE 6 - PAYMENT PROCEDURES............................................................................................. 3 ARTICLE 7 - INDEMNIFICATION.......................................................................:................................ 5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS..................................................................... 5 ARTICLE 9 - CONTRACT DOCUMENTS............................................................................................ 6 ARTICLE 10 - MISCELLANEOUS......................................................................................................... 8 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 00520-1 H:\Bids\2019-2020 FY (2020000)\2020016 43rd Ave Sidewalks\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 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 PRP Construction Group, 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 work will consist of the construction of an 8 -foot -wide concrete sidewalk along the east side of 43rd Avenue from Airport Drive West to 41s' Street. The sidewalk improvements will be approximately 0.85 miles in length. The work will also include erosion control, maintenance of traffic, ditch grading, minor drainage piping with drainage structures, signing and pavement markings. This is an F.D. 0.T Local Agency Program (LAP) funded project FM No. 440019-1-58-01. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41 st STREET County Project Number: IRC -1503 FM Number: 440019-1-58-01 Bid Number: 2020016 Project Address: 43rd Avenue from Airport Drive West to 41St Street, Vero Beach, Florida 32960 & 32967 ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 00520-2 H:\Bids\2019-2020 FY (2020000)\2020016 43rd Ave Sidewalks\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx A. The Work will be substantially completed on or before the 150th 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 180th 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 $1,584.00 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 $1,584.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ 474,826.80 Written Amount: Four hundred seventy-four thousand, eight hundred twenty-six dollars and eighty cents ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 00520-3 H:\Bids\2019-2020 FY (2020000)\2020016 43rd Ave Sidewalks\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 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. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 00520-4 H:\Bids\2019-2020 FY (2020000)\2020016 43rd Ave Sidewalks\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 00520-5 H:\Bids\2019-2020 FY (2020000)\2020016 43rd Ave Sidewalks\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 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. K. Neither the Recipient nor any of its CONTRACTORS or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Recipient or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Recipient or the locality relating to such contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its CONTRACTORS to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-11, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6, inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-44, inclusive); 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 00520-6 H:\Bids\2019-2020 FY (2020000)\2020016 43rd Ave Sidewalks\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 10. Supplementary Conditions (pages 00800-i to 00800-12, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Specifications); 12. Drawings consisting of a cover sheet and sheets numbered C1 through C31, inclusive, with each sheet bearing the following general title: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET; 13. Addenda (if applicable) (list); 14. Appendices to this Agreement (enumerated as follows): Appendix A— Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction Appendix D — Title VI/Nondiscrimination Policy Statement Appendix E — Federal Required Contract Provisions Appendix F — FHWA 1273 Appendix G — Vendor Eligibility Check Prior to Contract Award 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 16. Bid Bond (page 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 0456-3, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. 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); 23. DBE Bid Package Information (pages 00470-1 to 00470-4, inclusive); 24. Non -Collusion Declaration and Compliance (pages 00472-1 to 00472-3, inclusive); 25. Certification for Disclosure of Lobbying Activities on Federal -Aid Contracts (pages 00474-1 to 00474-3, inclusive); 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 00520-7 M H:\Bids\2019-2020 FY (2020000)\2020016 43rd Ave Sidewalks\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 26. Certificate Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions (page 00476-1); 27. Certification of Non Segregation & Non Discrimination (pages 00490-1 to 00490-2, inclusive); 28. Buy America Certificate of Compliance (page 00492-1); 29. Drug Free Workplace Certification (page 00494-1); 30. LAP Certification of Capacity/Status of Contracts on Hand (pages 00496-1 to 00496 - inclusive); 31. Certification of Sublet Work (pages 00500-1 to 00500-2, inclusive); 32. USDOL Wage Determination — FL190170 ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 00520-8 H:\Bids\2019-2020 FY (2020000)\2020016 43rd Ave Sidewalks\00520 - Agreement (Public Warks) FOR LAP PROJECTS ONLY.docx A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 pubficrecordsAircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 10.07 Indemnification and Insurance A. Recipient agrees to include the following indemnification in all contracts with CONTRACTORS, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 00520-9 H:\Bids\2019-2020 FY (2020000)\2020016 43rd Ave Sidewalks\00520 - Agreement(PublicWorks) FOR LAP PROJECTS ONLY.docx "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this "Agreement." 10.08 Miscellaneous Provisions A. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 00520-10 H:\Bids\2019-2020 FY (2020000)\2020016 43rd Ave Sidewalks\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 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 March 10 , 2020 (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:"A INDIAN RIVER COUNTY Y 1\T 1-01 V 4 z--) 4 LU- p5M.SS ' f By.(� � (j����` - S an mom: (Co actor By: • < °' : ��° (CORPORATE SEAL) ' Q Jason . Br wn, County Admini 40 car a• �.. °>' p, yRJ✓fR COO���y •Attest 912----� APPROVED AS TO FORM AW LEGAL SUFFI I N Y: By: ;Dylan RlSingid, County Attorney Address forgiving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: ��IT ' -L Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E., PMP Title: Assistant Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx 00520-11 H:\Bids\2019-2020 FY (2020000)\2020016 43rd Ave Sidewalks\00520 - Agreement (Public Works) FOR LAP PROJECTS ONLY.docx Indian River County Purchasing Division purchasing@ircgov.com ADDENDUM NO. 1 Issue Date: December 18, 2019 Project Name: 43 d Ave. Sidewalk for Airport Dr. West of 411t St. Bid Number: 2020016 Bid Opening Date: January 22, 2020 This addendum is being released to modify the bid documents The information and documents contained in this addendum are hereby incorporated in the invitation to bid. This addendum must be acknowledged where indicated on the bid form, or the bid will be declared non-responsive. Modifications to Bid Documents: Correction on Itemized Bid Schedule. Attachments: Itemized Bid Schedule —Addendum 1 Reminder: There is a MANDATORY Pre -Bid Meeting scheduled for 10:00 a.m. on January 7, 2020. The meeting will be held at Indian River County Administrative Complex 180127th Street, Building A, Vero Beach, FL 32960. Public Works Conference Room A-303 No bidder arriving after the meeting has begun will be allowed to sign in. ITEMIZED BID SCHEDULE - Addendum 1 PROJECT NAME: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41st STREET PROJECT NO: IRC -1503, BID NO. 2020016, FM NO. 440019-1-58-01 BIDDER'S Item Fl ;U it Unit-,Pfioe rQuan;-tly I I NWAmount C—ripmon 101-1 MOBILIZATION LS 1 102-1 MAINTENANCE OF TRAFFIC LS 1 104-1 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION LS 1 110-1-1 CLEARING & GRUBBING LS 1 120-1 REGULAR EXCAVATION CY 1,599 120-6 EMBANKMENT CY 1,607 121-70 FLOWABLE FILL CY 25.4 286-1 TURNOUT CONSTRUCTION / DRIVEWAY BASE - OPTIONAL MATERIALS SY 117 334-1-13 SUPERPAVE ASPHALTIC CONC, TRAFFIC C (PG 76-22, WITH POLYMER) (SP 12.5, 2 LIFTS OF 1.5" TN 8.8 400-1-2 CONCRETE CLASS I, ENDWALLS CY 9.06 425-1521 INLETS, DT BOT, TYPE C, <10' EA 4 425-1551 INLETS DT BOT TYPE E <10' EA 2 430-175115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15"S/CD RCP LF 70 430-175124 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 24"S/CD RCP LF 152 430-175136 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 36"S/CD RCP LF 109 430-984625 MITERED END SECT, OPTIONAL - ELLIPTICAL / ARCH, 18" SD EA 4 515-2311 PEDESTRIAN/BICYCLE RAILING, ALUMINUM ONLY, 42" TYPE 1 LF 161 522-2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK FIBER -REINFORCED SY 4,016 527-2 DETECTABLE WARNINGS SF 42 570-1-2 PERFORMANCE TURF, SOD MATCH EXISTING SY 9,130 700-1-50 SINGLE POST SIGN, RELOCATE AS 1 700-1-60 SINGLE POST SIGN, REMOVE AS 2 711-11123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR CROSSWALK AND ROUNDABOUT LF 86 711-11125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE AND CROSSWALK LF 12 999-1 AS BUILT SURVEY BY REGISTERED SURVEYOR LS 1 00310-3 C:\Users\plamana\DesktopUtemized Bid Schedule ITEMIZED BID SCHEDULE - Addendum 1 PROJECT NAME: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41st STREET PROJECT NO: IRC -1503, BID NO. 2020016, FM NO. 440019-1-58-01 BIDDER'S NAME: ItemiNo.: x " , a Desarition. d ° Unit Unit i ",'e ` Quanti Amount# 1644800 FIRE HYDRANT, RELOCATE EA 1 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41st STREET 999-25 1 FORCE ACCOUNT 70,000.00 TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT TOTAL LS=Lump Sum CY=Cubic Yard SY=Square Yard TN=Ton EA=Each LF=Linear Foot SF=Square Foot AS=Assembly NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE, THE BID SCHEDULE WILL BE UTILIZED FOR BIDDING PURPOSES. TOTAL PROJECT BID AMOUNT IN WORDS 00310-4 C:\Users\plamana\Desktop\Itemized Bid Schedule 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.6 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of ; B. Itemized Bid Schedule; C. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships; D. Sworn Statement Under the Florida Trench Safety Act; E. Qualifications Questionnaire; F. List of Subcontractors; G. Certification Regarding Prohibition Against Contracting with Scrutinized Companies; H. DBE Bid Package Information; I. Non -collusion Declaration and Compliance; 00310 - Bid Form for LAP PROJECTS ONLY 00310-5 I'APublic Works\ENGINEERING DIVISION PROJECTSM03-43rd Ave Swk_Airport or to 41st Sh1-Admin\Bids0d Documents\LAP Documents\00310 -Bid Farts for LAP PROJECTS ONLY.doc J. Certification for Disclosure, of Lobbying Activities on Federal -Aid Contracts; K. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions; L. Certification of Non Segregation & Non Discrimination; M. Buy America Certificate of Compliance; N. Drug Free Workplace Certification; O. LAP Certification of Capacity / Status of Contracts on Hand, and; P. Certification of Sublet Work 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on 20_. State Contractor License No. If Bidder is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business address: Phone No.: Email: A Partnership Partnership Name: FAX No.: By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: Email: FAX No.: A Corporation Corporation Name: State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (SEAL) (SEAL) (SEAL) 00310 - Bid Form for LAP PROJECTS ONLY 00310-6 FAIDublic WorkstENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk Airport Or to 41st SA1-Admin\Bids\Bid Documents\LAP DocumentM00310 -Bid Forth for LAP PROJECTS ONLY.doc (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Attest (Signature of Corporate Secretary) Business address: Phone No.: Email: Date of Qualification to do business is A Joint Venture Joint Venture Name: FAX No.: (CORPORATE SEAL) By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Email: Joint Venture Name: By: FAX No.: (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: (SEAL) (SEAL) (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) * * END OF SECTION * * 00310 - Bid Form for LAP PROJECTS ONLY 00310-7 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk AirportDr to 41st St\1-Admin\Bids\Bid Documents\LAP Documents\00310 - Bid Form for LAP PROJECTS ONLY.doc Indian River County Purchasing Division purchasing@ircgov.com ADDENDUM NO. 2 Issue Date: January 10, 2020 Project Name: 43rd Ave. Sidewalk for Airport Dr. West of 41" St. Bid Number: 2020016 Bid Opening Date: January 22, 2020 This addendum is being released to provide the pre-bid minutes, answer questions to date, and to modify the bid documents. The information and documents contained in this addendum are hereby incorporated in the invitation to bid. This addendum must be acknowledged where indicated on the bid form, or the bid will be declared non-responsive. Modifications to Bid Documents: 1. The itemized bid schedule (pages 3 and 4) and Plan Sheet C3 have been updated to reflect change to item Number and Description for the Mitered End Section from 18" to 15" 2. Updated Davis -Bacon Wage Determination Attachments: Pre-bid Meeting Minutes Pre-bid Sign in Sheet Questions and Answers to date IRC Traffic Engineering Division Special Conditions for Right -of -Way Construction Wage Determination (General Decision Number 20200170 dated 1/03/2020) Itemized Bid Schedule —Addendum 2 (Pages 3 and 4) Notice to Contractors 2020018 Updated Sheet C3 (Sealed 1-9-2020) V1✓R Board of County Commissioners 1801 27th Street ° Vero Beach, Florida 32960-3365 Telephone: (772) 567-8000 '��oRtve► Fax: (772) 778-9391 PRE-BID MEETING MINUTES 43RD AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 411T STREET IRC -1503 FM No. 440019-1-58-01 January 7, 2020 at 10:00 AM Conference Room Al -303 The following meeting notes set forth our understanding of the discussions and decisions made at the subject meeting. If no objections, questions, additions, or comments are received within three (3) working days from issuance of the meeting notes, we will assume that our understandings are correct. The project will move forward according to the bid plans and specifications and the understandings herein. PROJECT NAME 43rd Avenue Sidewalk from Airport Drive West to 41St Street BID NUMBER 2020016 FDOT CONTRACT NUMBER G1 -G10 INTRODUCTIONS/SIGN IN SHEET The meeting was called to order by Robert Skok. See attached sign in sheets for a list of the attendees. CONTRACT DETAILS Bid Opening: Wednesday, January 22, 2020 at 2:00 PM Contract Time: 150 days to substantial completion 180 days to final completion Estimate: $509,706.38 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 DESCRIPTION: The work will consist of the construction of an 8 -foot -wide concrete sidewalk along the east side of 43rd Avenue from Airport Drive West to 411t Street. The sidewalk F:\Public Works\ENGINEERING DIVISION PROJEc'm%1503-43rd Ave Swk_Airport Dr to 41st St\]-Admin\Meetings\PreBid\1503_Pre-Bid Meeting Minutes 20200107.doe improvements will be approximately 0.85 miles in length. The work will also include erosion control, maintenance of traffic, ditch grading, minor drainage piping with drainage structures, signing and pavement markings. UTILITIES AT&T City of Vero Beach Water and Sewer Comcast Indian River County Telecommunications Indian River County Traffic Indian River County Utilities FP&L OTHER ISSUES • Review and comment with questions and clarifications as soon as possible, no further comments 10 days prior to bid opening (Bid opening is January 22, 2020, deadline isJanuary 12, 2020). • The Notice to Proceed tentative issuance is February 25th. • Maintenance of Traffic: o Contractor awarded contract shall submit a Maintenance of Traffic Plan to theTraffic Division for approval. o Access for all businesses and residences shall be maintained at all times. o The Maintenance of Traffic Plan shall meet the FDOT Index 600, 2017 edition and be signed and sealed by a licensed professional Engineer registered in the state of Florida. • Excavation Subsoil — to be removed and disposed of by Contractor. This material may be utilized on site if deemed suitable. • Sidewalk construction - true 6" concrete, 2% max. slope (no tolerance). • PERMITS - St Johns River Water Management District - General Permit No. 155718-1. • Testing by TBD. • Work hours are 7:00 AM -5:00 PM, Monday -Friday. • Material storage and staging areas. • Addendum #1 has been issued 12/18/19. • Addendum #2 will be issued by Friday, January 10th and will include minutes, sign in sheets, questions & answers, updated Wage Determination, and updated Itemized Bid Schedule. FEDERAL REQUIREMENTS • Invoicing: Contractor shall submit monthly invoices — one (1) original Contractor's Application for Payment (Section 00622 in Contract Docs), including Surety's Consent and all applicable releases of liens. • 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 and prime contractor 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, March 8, 2019. • Contractors must meet deadlines in order to be in compliance. All deadlines are strictly enforced or reimbursements cannot be made. FAPublic Works\ENGINEERING DWI:SION PROJECI`S`•.1.503-43rd Ave Swk_Airport Dr to 41 st Sed -Admin\Meetirws\PreBid\1503_Pre-Bid Meeting Minutes 20200107.doc • 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) A -P. • Current Wage Determination. * Please Note Common/General Laborer Rates. The Wage Determination provided in the Bid Documents was superseded on December 13, 2019. • Section 00470 (Contract Documents) DBE Bid Package Information—Every Prime Contractor submitting a bid must submit a Bid Opportunity List within 3 days of Bid opening. Notice 2020018 includes the information. • Florida Department of Transportation, Equal Employment Opportunity Construction Contract Compliance Manual, March 8, 2019. Available on website: https:Hfdotwww.blob.core.windows.net/sitefinity/docs/default-source/equalopporunity/contract- compliance/contract-compliance-manual.pdf?sfvrsn=5e8c3002 0 DISCUSSION • The questions received by the Purchasing Division from potential bidders were read aloud with corresponding answers. These questions and answers will be issued in Addendum #2. • The sidewalk location that crosses the driveway at station 27+22.49 to 27+49.81 will require reinforcing bars three feet before and three feet after the driveway stations. • The County will accept DBE's (a Disadvantaged Business Enterprise) for this project. • A testing lab has not yet been chosen to perform testing. The costs of any testing that fails will be the responsibility of the Contractor. • The quantity for embankment did not include the material to be generated by clearing and grubbing. • Addendum #1 was issued with a correction on the Itemized Bid Schedule. • Addendum #2 will be issued with another correction to the Itemized Bid Schedule (in addition to the items listed above in, "Other Issues"). • There are no other restrictions during the work hours when working adjacent to the airport. Only one lane can be closed at a time. • A notice of lane closures must be given a minimum of 72 hours in advance to the Indian River County Traffic Engineering Division. This led to adding a revised Appendix C (Indian River County Traffic Engineering Division Special Conditions for Right -of -Way Construction) to this addendum as the existing one stated 24 hours. • The Contractor shall submit the appropriate Index to FDOT for lane closures. • The road classification for 43rd Avenue was researched after the meeting and the answer appears in the attached list of questions and answers. • There is currently no final dollar amount to the LAP Agreement as the project has not been bid. The amount will be determined once the bids are known and the current amount may change. • The term of agreement with FDOT is for project completion on or before December 31, 2021. • The "Buy America Certificate of Compliance" should include the FM project number (FM No. 440019-1-58-01) so that it is project specific. F:\Public Works\ENGINEERING DIVISION PROJECIS`d503-43rd Ave Swk_Airport Dr to 41st St\I-Admin\MeetineS\PreBid\I 503 Pre -Bid Meeting Minutes 20200107.doc • All subcontractors and rentals for this project will need to be submitted and accounted for. • The County is LAP certified by the FDOT and accountable for the project but the Contractor also shares in that responsibility with the proper and timely submittal of all required paperwork. • Certified payrolls for the Prime Contractor and any subcontractors will be required. The submittal of invoices must be done monthly. • The DBE Bid Package Information, Section 00470, Bid Opportunity List is currently being utilized and considered to be a very important part of the process. The bidder must complete and submit it within three days or they will be disqualified. See Item 2020018 attached for further explanation. • There is no minimum DBE requirement. The target goal percentage is 10.65%, but it is not a mandatory goal percentage. , • Section 00496, "LAP Certification of Current Capacity" and "Status of Contracts on Hand" is required. ATTACHED: Sign in sheet F:\Public Works\ENGINEERING DIVISION PROJECTS`.1503-43rd Ave Swk_Airport Dr to 41st SP_t-Admin,Meetines'.PreBid\1.503_Pre-Bid Meeting Minutes 20200107.doc w S Yt •� ,r � s . H OJ Iv p -A oi Fa her p �(UD, i T=_ a. w 6Tk y. N - S In -75 < 4c, S:, L -L ot fr7- st C -A .:m -0-- �u -sl N - S In -75 < V) L -L ot fr7- st N - -75 < N - IRC -1503, 43rd Avenue Sidewalk Questions asked prior to Pre -Bid meeting January 7, 2019 1. Is there an estimate for the project? Does that include Force Account? Engineers Estimate is $509,706.38 and yes, does include force account 2. Drawing scale is incorrect when printed at' 100%, can they be re -issued to scale? No 3. Is the embankment quantity a compacted, in place quantity? Yes 4. Please clarify the gravel driveway at Station 27+50 Section A -A shows gravel while Section B -B shows 6" coquina rock. Should be 6" coquina rock 5. Can 43rd Avenue be closed for the drainage crossing, if so duration limit? Yes, nighttime only, hours of 7PM — 6AM, contractor to provide MOT plan for night work, needs FDOT approval, and contractor will be responsible to provide all MOT for such work. Road needs to be open each day. 6. Concrete sidewalk detail on Sheet C-30 says to reinforce where required with No. 3 bars, where is that? Refers to driveway on Sheet C-18. Engineer of Record, Aaron Stanton stated the rebar shall be placed in the sidewalk across the 23' width of the driveway and extend 3' beyond both in the north and south direction. 7. Should Item 430-984625 be 15" MES, not 18"? Yes, Pay Item should be 430-984623, which is MES for 15" equivalent, pipe to be 12" x 18", plan view says 15" RCP 8. Will flowable fill be required over the entire area of road construction because quantity would be off? Follow detail on Sheet C-30, for this size pipe, 10' wide is for flowable fill, pavement restoration is minimum 14' 9. Since this is a LAP project will all bidders need to be Pre Qualified in order to bid? No At the Meeting: 1. What is the road classification of the road Segment? Urban Minor Arterial 2. Does Section 496 need to be filled out if the contractor does not have any FOOT projects? FDOT Form 525-010-46, "LAP CERTIFICATION OF CURRENT CAPACITY" (Section 00496) in Bid Documents) is required to be completed and submitted with the LAP bids. The contractor is certifying that they have the financial capacity to complete the project. If the contractor is not a FOOT pre -qualified contractor, leave the "Fill inthe FDOT Vendor Number VF" section blank. Complete the rest of the form (both Page land Page 2) and submit with bid. F: Public Works/Engineering Division Projects/IRC-1503/1-Admin/Meetings/Bids/Questions After the meetine: 1. Is this project going to be administered through E -Builder? Yes, the contractor awarded the contract, will be asked to come to the County building for an E -Builder training class. The contractor will then be given access to the program and will submit pay requests, shop drawings, MOT plan, etc. through the program. The contractor will be able to see daily inspector reports as well. E -Builder is an electronic project management software suite that the Cou my is using with access by contractors and County staff. F: Public Works/Engineering Division Projects/IRC-1503/1-Admin/Bids/Questions SPECIAL CONDITIONS: INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION 1. All work performed under this permit shall be in accordance with the Florida Department of Transportation Design Standards (https://www.fdot.gov/design/standardplans/current/default.shtm), Indices 102-600 and the Manual on Uniform Traffic Control Devices.. 2. All special conditions listed are in addition to the attached Indian River County Traffic Engineering Regulations for Maintenance of Traffic. 3. It shall be the contractor's responsibility to contact Sunshine State One Call System (1-800-432-4770) at least 72 hours in advance of commencing construction work to coordinate traffic control and obtain locations of underground traffic signal conduit for the County's Computerized Traffic Signal Coordination System. 4. The contractor shall be responsible for using the applicable Traffic Control Plan for the type of work being performed. All job supervisors shall have a copy of the control plan on site at all times and shall be familiar with the correct set-up of the plan. 5. At least one lane of traffic shall be maintained at all times. One -lane traffic shall be controlled with at least two (2) flagmen. Flagmen shall use STOP/SLOW paddles at all times. Flags shall not be used for one -lane traffic control. 6. After proper notification to Traffic Engineering, consideration will be given to the contractor to close roadways to through traffic on a daily basis during daylight hours on narrow roadways where maintaining one -lane traffic would be difficult. The roadway shall be open to traffic at the end of each work day and on weekends. It shall be the contractor's responsibility to provide all necessary construction signs and traffic control devices to close the road and provide a detour route in accordance with Indian River County standards. Signing shall be installed that clearly indicates the time periods the road is closed to traffic. 7. There shall be no construction work after dark. 8. All open excavations shall be back filled before the close of each work day. 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 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.) 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 102-600, FY 2019-2020, and the Manual on Uniform Traffic Control Devices, 2009 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 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 Rev. 5/23/2019 Special Conditions for Right of Way Construction Page 2 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. It shall be the responsibility of the contractor to ensure that all subcontractors are in full compliance with all traffic control regulations. It shall be the responsibility of the contractor working on County roadways or within Right -of -Ways to establish maintenance of traffic prior to any work being performed. The contractor shall frequently monitor the work zone set-up to ensure that all signing is properly placed and that warning signs remain at the proper advance posting distance from the work area. Any signs that do not apply to the work zone shall be removed or covered. The contractor shall remove the work zone set-up at the conclusion of the work. Traffic Engineering shall be notified a minimum of seventy-two (72) hours in advance of any lane closings and ten (10) days in advance of any road closures. Lane closures are restricted to outside the normal peak hours of traffic, lane closures shall occur during the hours of 9:00 AM to 4:00 PM unless otherwise approved by the Public Works Director or his designee. Traffic Engineering staff shall inspect the Maintenance of Traffic prior to construction commencement to ensure compliance with the approved Traffic Control Plan. It is the policy of the Traffic Engineering Division to randomly monitor the contractor's compliance with all regulations while working on County roadways and within right-of-ways. Matters of public safety shall be attended to immediately upon notification by the County Public Work Director or his designee. If the contractor is found to be negligent in maintaining proper work zone set-up in accordance with the County's Right -of -Way ordinance (Chapter 312), the County Public Work Director or his designee shall impose penalties in the amount of $250.00 for working without the proper traffic control. Construction at or Near Signalized Intersections: The contractor shall have full responsibility for any work performed at or near any traffic signals in Indian River County. The contractor shall request that the County locate buried interconnect conduit and cable, loop sensors, and pull boxes prior to commencing construction. Any damage to the interconnect conduit, loop sensors, and pull boxes or any other traffic signal equipment shall be repaired at the contractor's expense. It shall be the responsibility of the contractor to notify Traffic Engineering Division a minimum of 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. b. Compaction around the excavation site to a 98% density, bringing the backfill up in 1 foot lifts. C. Density reports from a licensed testing company provided to the County Public Works Director. d. Restore the traffic signal and all support equipment to original condition or better. 2. There shall be no pavement cuts made within 500 feet of a signal or flashing beacon without contacting Indian River County Traffic Engineering Division at (772-226-1547), 72 hours prior to construction. 3. Any traffic signal, loop sensors, conduit, interconnect cable, or any support equipment damaged by a contractor shall be repaired/replaced at the contractor's expense. 4. Any contractor that works at or in the vicinity of a signalized intersection shall have full responsibility for any liability incurred by causing damage to signal equipment that results in the failure of the traffic signal functions. If such a failure occurs, the contractor shall notify the police and the Traffic Engineering Division immediately at (772-226-1547). Rev. 5/23/2019 beta.SAM.gov Page I of 9 "General Decision Number: FL20200170 01/03/2020 Superseded General Decision Number: FL20190170 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 $10.80 for calendar year 2020 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts https://beta.sam.gov/wage-determination/FL20200170/0/document 1/9/2020 beta.SAM.gov entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 * ELEC0915-004 12/01/2019 Rates Fringes ELECTRICIAN ......................$ 30.01 39%+0.35 ---------------------------------------------------------------- SUFL2013-031 08/19/2013 Page 2 of 9 https://beta.sam.gov/wage-determination/FL20200170/0/document 1/9/2020 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 Page 2 of 9 https://beta.sam.gov/wage-determination/FL20200170/0/document 1/9/2020 beta. SAM.gov IRONWORKER, STRUCTURAL ........... $ 16.42 0.00 LABORER (Traffic Control Specialist) ......................$ 11.79 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor ......................$ 14.05 0.00 LABORER: Common or General ...... $ 10.69 0.00 LABORER: Flagger................$ 13.09 0.00 LABORER: Grade Checker .......... $ 14.66 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 12.58 0.00 LABORER: Pipelayer..............$ 12.44 0.00 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 Page 3 of 9 https://beta.sam.gov/wage-determination/FL20200170/0/document 1/9/2020 beta.SAM.gov Page 4 of 9 OPERATOR: Drill .................$ 13.04 0.00 OPERATOR: Forklift ..............$ 10.43 0.00 OPERATOR: Gradall...............$ 14.71 0.00 I OPERATOR: Grader/Blade .......... $ 18.20 0.00 i OPERATOR: Loader ................$ 13.14 0.00 OPERATOR: Mechanic ..............$ 17.52 i 0.00 OPERATOR: Milling Machine ....... $ 16.04 0.00 ; OPERATOR: Oiler ................. 16.67 i 0.00 I OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 15.47 0.00 OPERATOR: Piledriver ............ $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences)...............$ 15.97 0.00 OPERATOR: Roller............. ..$ 12.50 0.00 OPERATOR: Scraper ...............$ 12.21 0.00 OPERATOR: Screed ................$ 14.14 0.00 OPERATOR: Trencher ..............$ 14.25 0.00 PAINTER: Spray ..................$ 19.57 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation ...... $ 15.11 0.00 https://beta.sam.gov/wage-determination/FL20200170/0/document 1/9/2020 beta.SAM.gov 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. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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 Page 5 of 9 https://beta.sam.gov/wage-determination/FL20200170/0/document 11/9/2020 beta.SAM.gov Page 6 of 9 (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. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers https://beta.sam.gov/wage-determination/FL20200170/0/document 1/9/2020 beta.SAM.gov Page 7 of 9 Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and 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 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. https://beta.sam.gov/wage-determination/FL20200170/0/document 1/9/2020 beta.SAM.gov Page 8 of 9 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator https://beta.sam.gov/wage-determination/FL20200170/0/document 1/9/2020 beta.SAM.gov Page 9 of 9 U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION M A V https://beta.sam.gov/wage-determination/FL20200170/0/document 1/9/2020 ITEMIZED BID SCHEDULE *ADDENDUM No. 2 PROJECT NAME: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41st STREET PROJECT NO: IRC -1503, BID NO. 2020016, FM NO. 440019-1-58-01 BIDDER'S Item N6-4 Desari tion Mii UnitrRice Qur —M Amount 101-1 MOBILIZATION LS 1 102-1 MAINTENANCE OF TRAFFIC LS 1 104-1 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION LS 1 110-1-1 CLEARING & GRUBBING LS 1 120-1 REGULAR EXCAVATION CY 1,599 120-6 EMBANKMENT CY 1,607 121-70 FLOWABLE FILL CY 25.4 286-1 TURNOUT CONSTRUCTION / DRIVEWAY BASE - OPTIONAL MATERIALS SY 117 334-1-13 SUPERPAVE ASPHALTIC CONC, TRAFFIC C (PG 76-22, WITH POLYMER) (SP 12.5 ,2 LIFTS OF 1.5" TN 8.8 400-1-2 CONCRETE CLASS I, ENDWALLS CY 9.06 425-1521 INLETS, DT BOT, TYPE C, <10' EA 4 425-1551 INLETS, DT BOT, TYPE E, <10' EA 2 430-175115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15"S/CD RCP LF 70 430-175124 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 24"S/CD RCP LF 152 430-175136 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 36"S/CD RCP LF 109 *430-984623 MITERED END SECTION, OPTIONAL OTHER - ELLIP/ARCH, 15" SD EAq 4 515-2311 PEDESTRIAN/BICYCLE RAILING, ALUMINUM ONLY, 42" TYPE 1 LF 161 522-2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK FIBER -REINFORCED SY 4,016 527-2 DETECTABLE WARNINGS SF 42 570-1-2 PERFORMANCE TURF, SOD MATCH EXISTING SY 9,130 700-1-50 SINGLE POST SIGN RELOCATE AS 1 700-1-60 SINGLE POST SIGN, REMOVE AS 2 711-11123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR CROSSWALK AND ROUNDABOUT LF 86 711-11125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE AND CROSSWALK LF 12 999-1 AS BUILT SURVEY BY REGISTERED SURVEYOR LS 1 00310-3 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\ltemized Bid Schedule ITEMIZED BID SCHEDULE *ADDENDUM No. 2 PROJECT NAME: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41st STREET PROJECT NO: IRC -1503, BID NO. 2020016, FM NO. 440019-1-58-01 BIDDER'S ke' _-- Unit Unit Price Quartr Amount 1644800 FIRE HYDRANT, RELOCATE EA 1 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41st STREET 999-25 1 FORCE ACCOUNT 70,000.00 TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT TOTAL LS=Lump Sum CY=Cubic Yard SY=Square Yard TN=Ton EA=Each LF=Linear Foot SF=Square Foot AS=Assembly NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE, THE BID SCHEDULE WILL BE UTILIZED FOR BIDDING PURPOSES. TOTAL PROJECT BID AMOUNT IN WORDS 00310-4 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract DocumentsVtemized Bid Schedule Notice 2020018 NOTICE TO CONTRACTORS FOR BIDDING ON INDIAN RIVER COUNTY/FDOT LOCAL AGENCY PROGRAM (LAP) PROJECT Bid Number: 2020016 Project Description: 431d Avenue Sidewalk from Airport Drive West to 411t Street FDOT Contract Number: G1 -G10 Indian River County, Florida has entered into an agreement with the Florida Department of Transportation (FDOT) for a Local Agency Program (LAP) federally funded project anticipated for advertisement by December 8, 2019. Every prime contractor submitting a bid for any and all LAP projects must submit a Bid Opportunity List for each LAP project - a list of all subcontractors and subconsultants that provided quotes to them into the electronic FDOT EOC database within three business days of the bid opening. In order to ensure contractors are eligible for award, Indian River County is recommending all contractors become familiar with the FDOT Equal Opportunity Compliance System and requirements. The web address is: https://www.fdot.gov/ecivalopportunityleoc.shtm. • Prime contractors must complete all pages of the Contractors and Consultants New Users Access Form. • Prime contractors to Complete the Security Computer Based Training course located here: http://wbt.dot.state.fl.us/ois/CSATRACKWBT/TRACKcbt.htm Note — A passing score of 90% is required for the test at the end course. When completed with passing grade, please print out certificate. Course may be taken again immediately if score if below 90%. Please submit ALI, forms and the certificate showing completion of security cbt course to EOOHelp@dot.state.fl.us (or fax to 850-414-4879). Once the forms and certificate showing completion of security course is received, EOOHeIp will email contractor a user id and password to use and the web address to log in. Prior to submitting your bid to Indian River County, please enter the Bidder Opportunity List into the Equal Opportunity Compliance (EOC) system, using the FDOT Contract Number referenced above. If you have trouble with any of this, please contact Jill Williams, Indian River County Resident Compliance Specialist at (772) 226-1380 or iwilliams@ircgov.com. Status of the Contractor's information in this database will be included in the determination of responsiveness to the bid. I UTILITY SPECIFICATIONS 1. THE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATION OF U OTHER UITUTIES IS BASED ON AVAILABLE RECORDS AND IS NOT GUARANTEED TO BE ACCT Unit Quantity INCLUSIVE. THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS OWN DETERMINATION AI A LOCATION OF UNDERGROUND AND OTHER UTILITIES AS MAY BE NECESSARY TO AVOID DA'— RESPONSIBLE FOR THE COORDINATION OF UTILITY RELOCATION. RESPONSIBLE I LS 1 2. CONTRACTOR SHALL LOCATE ALL EXISTING UTILITIES IN THE FIELD WITH U71UTY OWNER'E PRIOR TO CONSTRUCTION UTILITY OWNERS: LS 1 AT&T COMCASTCABLE IN LUKE FOLKERTS 94012TH STREET AR.' LS 1 (407) 4986041 VERO BEACH, FL 32960 (77; CY 1,599 LF2490@ATT.COM (600) 776.9140 1 CY 1,607 'MGR OSP PLNG & ENGRG DESIGN- SOUTHEAST CONSTRUCTION FLORIDA POWER 1, LIGHT CY 25.4 ENGINEERING, FLORIDA ENGINEERING MARIO ESCALONA C SY 117 7747 EW S RD. W MELBOURNE, FL 32904 (30S) 219.9143 T 4200 FLAGLER AVE. Q7� TN 8.8 MIAMI, FL33134 17; 3. RIS THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY ALL UTILITY COMPANIES AMB EA 1 4 PRIOR TO EXCAVATION. AS REQUIRED BY THE UNDERGROUND FACILITY DAMAGE PREVEN EA 2 NOTIFY SUNSHINE AT 811, i LF 70 4. UTILITIES ARE TO BE ADJUSTED BY UTILITY OWNER OR AS DIRECTED BY THE ENGINEER. I LF 152 LF 109 1 EA 4 GENERAL NOTES: I LF 161 1. CONTRACTOR SHALL OBTAIN COPIES OF ALL REQUIRED PERMITS BEFORE COMMENCING N SY 4,016 SHALL FAMILIARIZE THEMSELF WITH ALL PERMIT CONDITIONS AND PERFORM ALL WORKSF 42 ALL SAID CONDITIONS. # SY 9,130 2. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATION OF ALL EXISTING UTILITIES. THE C 1 CONTACT ALL CONCERNED UTILITIES AT LEAST 72 HOURS IN ADVANCE FOR CONSTRUCT( I EA 2 3. NO FIELD CHANGES OR DEVIATIONS FROM DESIGN TO BE MADE WITHOUT PRIOR WRITTEN ENGINEER. I LF 86 4. SLOPE GRADES FROM ELEVATIONS SHOWN TO EXISTING GRADE. MAXIMUM SLOPE 4:1. I LF 12 S. ENGINEER SHALL BE NOTIFIED AT LEAST 72 HOURS IN ADVANCE FOR ANY INSPECTION. LS 1 6. THE PRESENCE OF GROUNDWATER SHOULD BE ANTICIPATED ON THIS PROJECT. CONTRA( EA 1 INCLUDE CONSIDERATION FOR ADDRESSING THIS ISSUE. 7. ALL INLETS SHALL HAVE A 6' MIN. SUMP BELOW LOWEST INVERT. S. EROSION CONTROL FENCING MUST BE IN PLACE PRIOR TO GRADING. 9. PIPE LENGTHS AND SLOPES SHOWN ARE APPROXIMATE. i 18. IF ANY EXISTING STRUCTURES TO REMAIN ARE DAMAGED DURING CONSTRUCTION R SHAT CONTRACTORS RESPONSIBILITY TO REPAIR AND/OR REPLACE_ THE EXISTING STRUCTURE( RETURN IT TO EXISTING CONDITIONS OR BETTER:>E STRIPING, BARRIER 11. ALL STORM PIPE ENTERING STRUCTURES SHALL BE GROUTED TO ASSURE CONNECTION PPING, SIGNS, MESSAGE WATERTIGHT. j SIGNS AND ALL OTHER 12. CONTRACTOR SHALL ADJUST INLETrSTRUCTURE OR CONNECTION LOCATION AS REOUIREONCE. OF TRAFFIC. ALL ENSURE PROPOSED STRUCTURES AND PIPES ARE IN PROPER ALIGNMENT AND MATCH SL.`R TO ORTFINASTRIPING. -_OF PRIOR IC ALL ROAD EXISTING PIPES OR CONNECTIONS: y OF TRAFFIC PAY ITEM. 13. THIS PLAN CONTEMPLATES ACCESS CONNECTIONS TO ADJACENT ROADS AS SHOWN. OFESSIONAL ENGINEER I 14. FILL MATERIAL MAY NOT BE STOCKPILED HIGHER THAN SIX (6) VERTICAL FEET. I 15. DIMENSIONS SHOWN ARE TO EDGE OF GUTTER OR PAVEMENT. RADII SHOWN ARE TO FACT CURB. ?1L, SAW CUTAND/OR .'IRB OR SIDEWALK THE 18. ALL SIGNS AND TRAFFIC CONTROL DEVICES SHALL BE IN ACCORDANCE WITH M.U.T.C.D. S''ING PIPES CULVERTS, '. REMOVED AND THE 17. ALL PAVEMENT MARKINGS SHALL BE THERMOPLASTIC PER INDIAN RIVER COUNTY REQUIOE FORMED AND FILLED (STATE OF FLORIDA 16. ANY STATE AND FEDERAL PERMITS THAT MAY BE REQUIRED AS A RESULT OF LAND CLEAF•UDING AS -BUILT ACTIVITIES ARE THE RESPONSIBILITY OF THE CONTRACTOR. 10 UTILITY ITEMS. 19. CONTRACTOR IS RESPONSIBLE TO PROTECTANDIOR REPLACE ALL SURVEY MONUMENTA SURVEYOR IN THE STATE OF FLORIDA AVENUE AT APPROX. 20. ALL WORK SHALL BE DONE FROM AND WITHIN THE RIGHT-OF-WAY. I 3 PER VA PENT MARKERS SHALL 000 PSI (MIN.) ( ,LOW IN COLOR. I SPECIFICATIONS FOR NDARDS. J \L NOTES F QUANTITIES }I G S r Use 60 iT 1k h E OF ' Vo" F10R10P �ONALyEN�;j Olt SHEET AARON O. STANTON C3 FL P."72460 LATE: 18-0043 h beta.SAM.gov "General Decision Number: FL20190170 01/09/2019 Superseded General Decision Number: FL20180213 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 $10.60 for calendar year 2019 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any 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 $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts Page 1 of 9 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 * ELEC0915-004 12/01/2017 Rates Fringes ELECTRICIAN ......................$ 28.18 38s+0.35 ---------------------------------------------------------------- SUFL2013-031 08/19/2013 Page 2 of 9 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 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 Page 2 of 9 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov Page 3 of 9 IRONWORKER, STRUCTURAL ........... $ 16.42 0.00 LABORER (Traffic Control Specialist) ......................$ 11.79 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor ......................$ 14.05 0.00 LABORER: Common or General ...... $ 10.69 0.00 LABORER: Flagger................$ 13.09 0.00 LABORER: Grade Checker .......... $ 14.66 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 12.58 0.00 LABORER: Pipelayer..............$ 12.44 0.00 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 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov Page 4 of 9 OPERATOR: Drill .................$ 13.04 0.00 OPERATOR: Forklift ..............$ 10.43 0.00 OPERATOR: Gradall...............$ 14.71 0.00 OPERATOR: Grader/Blade .......... $ 16.20 0.00 OPERATOR: Loader................$ 13.14 0.00 OPERATOR: Mechanic ..............$ 17.52 0.00 OPERATOR: Milling Machine ....... $ 16.04 0.00 OPERATOR: Oiler .................$ 16.67 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 15.47 0.00 OPERATOR: Piledriver ............ $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) ...............$ 15.97 0.00 OPERATOR: Roller ................$ 12.50 0.00 OPERATOR: Scraper ...............$ 12.21 0.00 OPERATOR: Screed ................$ 14.14 0.00 OPERATOR: Trencher ..............$ 14.25 0.00 PAINTER: Spray .................. $ 19.57 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation ...... $ 15.11 0.00 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 0 beta.SAM.gov TRUCK DRIVER: Dump Truck ........ $ 11.86 0.00 TRUCK DRIVER: Flatbed Truck ..... $ 14.28 1 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. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after Page 5 of 9 https://beta.sam.gov/wage-deter'mination/FL20190170/0/document 11/26/2019 beta.SAM.gov Page 6 of 9 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. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and 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 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. Page 7 of 9 https://bemsam.gov/wage-deterniination/FL20190170/0/document 11/26/2019 beta.SAM.gov WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys; should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Page 8 of 9 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov Page 9 of 9 Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION H] V https://beta.sam.gov/wage-detemiination/FL20190170/0/document 11/26/2019 SECTION 00550 - Notice to Proceed TO: A9-0 ADDRESS: Dated Contract For: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET Project No: IRC -1503 FM Number: 440019-1-58-01 IRC Bid No. 2020016 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 150 calendar days for Substantial Completion of this project and 180 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) By: INDIAN RIVER COUNTY (OWNER) (AUTHORIZED SIGNATURE) (TITLE) 00550 - Notice to Proceed REV 1-4-11 00550-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\13id Documents\Master Contract Documents\00550 -Notice to Proceed REV 1-4-11.doc Rev. 05/01 00610 - PUBLIC CONSTRUCTION BOND INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second- page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. 00610-1 00610 - Public Construction Bond. F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00610 - Public Construction Bond.doc Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a — m resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. v W -3 / 9 lj� Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. 'aluI Signature of Here I U.S. person ► VA Date ► 1L Il t i 1 r1 > General Instructions - Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) � Request for Taxpayer Form Identification Number Certification Give Form to the (Rev. October 2018) and requester. Do not Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. PRP Construction Group, LL C 2 Business name/disregarded entity name, if different from above y3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to CD following seven boxes. certain entities, not individuals; see Q. Individual/sole o ❑ ❑ C Cor proprietor or poration ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): a c single -member LLC Exempt payee code (f any) ✓❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► S o y Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting toLLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is a another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. d Other see instructions ► ❑ ( ) (Applies to accounts maintained outside the U.S.) N 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) cD 8300 SW Springhaven Ave 6 City, state, and ZIP code Indiantown, FI 34956 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a — m resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. v W -3 / 9 lj� Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. 'aluI Signature of Here I U.S. person ► VA Date ► 1L Il t i 1 r1 > General Instructions - Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Ronda Dscartmen[ a. Stale Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Limited Liability Company PRP CONSTRUCTION GROUP, LLC Filing Information Document Number FEI/EIN Number Date Filed Effective Date State Status Last Event ARTICLES Event Date Filed Event Effective Date Principal Address 8300 SW Springhaven Ave INDIANTOWN, FL 34956 Changed: 01/15/2018 Mailing Address P.O. BOX 1830 INDIANTOWN, FL 34956 L11000097869 45-3220690 08/25/2011 08/25/2011 FL ACTIVE LC AMENDED AND RESTATED 08/29/2011 NONE Changed: 06/18/2013 Registered Agent Name & Address Sheltra, Peggy P, President 7600 SW Springhaven Ave Indiantown, FL 34956 Name Changed: 03/19/2014 Address Changed: 03/19/2014 Authorized Authorized Persons) DetailDetail Name & Address Title President SHELTRA, PEGGY DIvISIOPJ OF CORPORATIONS P.O. BOX 1830 INDIANTOWN, FL 34956 Title VP Sheltra, Ricky M , CGC 7600 SW Springhaven Ave INDIANTOWN, FL 34956 Title Authorized Representative Sheltra , Travis Martin P.O. BOX 1830 INDIANTOWN, FL 34956 Title Authorized Representative Sheltra , Austin Glen P.O. BOX 1830 INDIANTOWN, FL 34956 Annual Reports Report Year Filed Date 2017 02/13/2017 2018 01/15/2018 2019 04/17/2019 Document Images 04/17/2019 --ANNUAL REPOP.T View image in PDF format 01/15/2018 --ANNUAL REPORT View image in PDF format 02/13/2017 -- ANNUAL REPORT View image in PDF format 02/04i2016 -- ANNUAL REPORT View image in PDF format 03/24/2015 --ANNUAL REPORT View image in PDF format 03/19/2014 -- ANNUAL REPORT View image in PDF format 06/18/2013 -- ANNUAL REPORT View image in PDF format 04/14/2012 --ANNUAL REPORT View image in PDF format 08/29/2011 -- LC Amended and Restated Art View image in PDF format 08/25/2011 — Florida Limited Liability View image in PDF format Flo "" Departman; o.; N.. s,- c( Corp -"bons i- ma�il Certificate Status Change Notification for 21120 1 message NOTIFY -USER <NOTIFY_USER@ircgov.com> Reply -To: NOTIFY_USER@ircgov.com To: PPSHELTRA@gmail.com From: Indian River County Building Department Do Not Reply - This is an Automated Notification Peggy Sheltra <ppsheltra@gmail.com> Mon, Mar 16, 2020 at 9:11 AM Send Requests to: contractorlicensing@ircgov.com <mailto:contractorlicensing@ircgov.com> Dear Customer, This notification has been sent from Indian River County's Automated Notification System. The information below pertains to the specific event that has triggered this automated notification. Certificate Status Change Notification Certificate Nbr: 21120 State Lic Nbr: CGC1510570 Contractor Status -has changed from INACTIVE to ACTIVE If you have not already renewed this, please fax a copy to the Building Department at 772-770-5333 so we may update our records. If you are no longer the contact for this certificate holder or wish to be removed from this notification system please contact: Contractor Licensing Indian River County Building Department Phone: 772-226-1260 Fax: 772-770-5333 ContractorLicensing@ircgov.com This message and/or attachment(s) are intended solely for use by the addressee and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If you are not the intended recipient or agent thereof responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone. 3120200016658 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3286 PG: 1525 Page 1 of 3 3/18/2020 2:59 PM Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 107172342 CONTRACTOR NAME: PRP Construction Group, LLC CONTRACTOR ADDRESS: 8300 SW Springhaven Ave. Indiantown, FL 34956 CONTRACTOR PHONE NO: (772) 597-6923 SURETY COMPANY NAME: Travelers Casualty and Surety Company of America SURETY PRINCIPAL One Tower Square BUSINESS ADDRESS: Hartford CT 06183 SURETY PHONE NO: (800) 238-6225 OWNER NAME: Indian River County OWNER ADDRESS: 1800 27th Street Vero Beach, FL. 32960 OWNER PHONE NO: (772) 567-8000 OBLIGEE NAME: N/A (if contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: N/A N/A OBLIGEE PHONE NO: N/A BOND AMOUNT: $474,826.80 (Four Hundred Seventy -Four Thousand Eight Hundred Twenty -Six and 80/100 Dollars) CONTRACT NO: IRC - 1503 (]f applicable) -- DESCRIPTION OF WORK: The work will consist of the construction of an 8 -foot -wide concrete sidewalk along the east side of 43rd Avenue from Airport Drive West to 41 st Street PROJECT LOCATION: 43rd Avenue from Airport Drive West to 41 st Street Vero Beach, Florida 32960 & 32967 LEGAL DESCRIPTION: 43rd Avenue Sidewalk from Airport Drive West to 41st Street (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless orany page number(s) that may be printed thereon. 00610-2 00610 - Public Construction Bond F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00610 - Public Construction Bond.doc PUBLIC CONSTRUCTION BOND Bond No. 107172342 (enter bond number) BY THIS BOND, We PRP Construction Group, LLC , as Principal and Travelers Casualty and Surety Company of America a corporation, as Surety, are bound to Indian River County herein called Owner, in the sum of $ 474.826.80 (Four Hundred Seventy -Four Thousand Eight Hundred Twenty -Six and 80/100 Dollars) for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that 4f Principal: 1. Performs the contract dated March 10th, 2020 , between Principal and Owner for construction of 43rd Avenue Sidewalk from Airport Drive West to 41 st Street the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON March 10th, 2020 PRP Construction Group, LLC 14� jw (Name of Principal) A M L: Bracamonte,-(As-A ida Licensed Resident ravelers Casualtv and Suretv Cot:nban� 890M0yy0C oq� N0 v. _ Fac )oo.0 `K (Name of Surety) �k4*,�Y; er Inquiries: (32.1)' 800-6594 00610-3 ,r 00610 - Public Construction Bond F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00610 - Public Construction Bond.doc Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company ii TRAVELERS J St. Paul Fire and Marine Insurance Company AlY\A/CA AC ATTAM-W KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint JORGE BRACAMONTE of ORLANDO Florida their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds! recognizances, Conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or 'permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. !. JP,IY ANO yT 9 HARTFORD` CONN, p, a HAORD, CONXY `i W CONN. c State of Connecticut By: City of Hartford ss. Robert L. Rane enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. I IN WITNESS WHEREOF, I hereunto set my hand and official seal.<" r FU''�tIC My Commission expires the 30th day of June, 2021 Owoo i w s t ! Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory;in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate ,Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified,by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby:._certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, 1,w�hich remains in full force andieffoct d this ' 111 day of �hol vo 1 , Date hi ��6UAhyC yJPITY AhO .eKt,}' }�� "• -I :� p �_ FNRTFO>Aa HARTFORD, ' 10 %N°L, wa Kevin E. Hughes, Assistant Secretary To verify the authenticity of t¢iis-'Port yr ofAt iney, please ca//_us at 1-800-421-3880. Please refer to the above-named Attorney=in-Fact-an4#rhe4e&1s of the bond to which this Power of Attorney is 'attached. PRPCONS-01 nkl nl Ic -�® CERTIFICATE OF LIABILITY INSURANCE DAT/19/2DIYYYY)- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 3r1 srzazo 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 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) most 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). PRODUCER R V Johnson Agency, Inc. 2041 SE Ocean Blvd Stuart, FL 34996 CONTACT - d' PHONE FAX A1C, Ne, Ext : (772) 287-3366 (AIC, N.),(772) 287-4255 E-MAIL , info@rvjohnson.com INSURER(§) AFFORDING COVERAGE NAIL H ADDL SUeR( POLICY EFF POLICY EXP -"""-------"-"----- _ TYPE OF INSURANCE I O 5,,� POLICY NUMBER M11 A DD LItAIT§ _ INSURER A: Mt. Hawley 37974 A X COMMERCIAL GENERAL LIABILITY INSURED INSURER B: Owners Insurance Company 32700 _ INSURER c: Scottsdale Insurance Co. 41297 PRP Construction. Group LLC PO Box 1830 Indiantown, FL 34956-1830 NsuRERD:FFVA Mutual Insurance Co. 10385 INSURER E: INSURER F: ------- -. •^ -� ,',- . "r, — I 1 numtst_K: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR PERIOD 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 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TERMS, INSR ..__.____.........__.._._—.___..______.....___._.__ ADDL SUeR( POLICY EFF POLICY EXP -"""-------"-"----- _ TYPE OF INSURANCE I O 5,,� POLICY NUMBER M11 A DD LItAIT§ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR tvtGLO190393 10126/2019 10/26/2020 nAMAC'E TO RENTED 50,000 RFMi� nr-uurenc S MED EXP An one erser. $ 5,000 - PERSONAL B ACV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE g -_I POLICY PE F 2,000,000 L" - I CT LOG PRODUCTS-COMP/OP.AGG s 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT , --I-II $ 1,000,000 ANY AUTO X5068939600 4/15/2019 4/15/2020 OWNED j' SCHEDULED AUTOS ONLY I X i BODILY INJURY Per erson 5 BODILY INJURY fPer accidenn 5 X AUTOS HIRED N X., PROPERTY DAMAGE AU70S ONLY AU070S40NLDY . Per accident S" C UMBRELLA LIAR X OCCUR —_.......__._._...__ S r EACH OCCURRENCE $ 5,000,0001 X EXCESS LIAR CLAIM§ -MADE XLS0112083 10/26/2018 10/26/2020 DED RETENTION S - AGGREGATE 5 5,000,0-00� D WORKERS COMPENSATION -X s 5,000,000 AND EMPLOYERS' LIABILITY PER OTH- ANY PROPRIETORIPARTNER/EXECUTIVE WC840.0029850-2019A 11/9/2019 11/9/2020 SYAT T F PQ E.L- EACH ACCIDENT S 500,000H OFFICERIMEMBER EXCLUDED? I - - r (Mandatory in NH) LN] NIA E.L. DISEASE -EA EMPLOYEES SO 0,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY UM1T S 500,000 I i - DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD Idt, Additional Remarks Schoduld, Inay bo attached it mare space Is required) Re: Indian River County Bid No. 2020016 43rd Avenue Sidewalk from Airport Drive West to 41st Street Blanket Additional Insured applies under the General Liability. 30 day notice of Cancellation except non Indian River County. Blanket payment of premium 10 day notice applies In favor of Additional Insured applies on the Automoblle when it is required by a written Contract or agreement. CERTIFICATE HOLDER _ renlr•cl 1 nTrn.r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1800 27th Street ACCORDANCE WITH THE POLICY PROVISIONS. Vero Beach, FL 32960 ACORD 25 (2016/03) AUTHO��(RIIZZED REPRESENTATIVE y p`J �-tusr'o'- 9 1988-2015 The ACORD name and logo are registered marks. ofCORD CORPORATION. All rights reserved. ACORD Travelers Casualty and Surety Company of America AW- Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint JORGE BRACAMONTE of ORLANDO , Florida , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. �jY ANps NQS rWoao 4 4r `9m Yt CONN HARTFORD, y CONN. c �. State of Connecticut City of Hartford ss. 7j, By: d,4�e Robert L. Rane enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. P NO ql' IN WITNESS WHEREOF, I hereunto set my hand and official seal. r"p HOTAAY My Commission expires the 30th day of June, 2021 Pu"`ic Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this Z?na day ofj6{kU�( , ZO 0(es� mHARTFORD, CONKevin E. Hughes, Asst tant Secretary To verify the authenticity of this Power of Attomey, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which this Power of Attorney is attached. SECTION 00622 - Contractor's Application for Payment 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41s' STREET Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Project No.: IRC -1503 Bid No.: 2020016 FM No.: 440019-1-58-01 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): % of completed Work: % of retainage: $ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors; laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; Page 2 of 5 00622 - Contractor's Application for Payment - 03-10 rev 00622-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00622 -Contractors Application for Payment - 03-10 rev.doc Rev. 05/01 2. Updated Construction Schedule per Specification Section 01310. Dated STATE OF FLORIDA COUNTY OF INDIAN RIVER By: (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this day of , 20 (SEAL) Please remit payment to: Contractor's Name: Address: is personally known to me as identification. NOTARY PUBLIC: Printed name: Commission No.: Commission Expiration: or has produced [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03-10 rev 00622-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, ,a corporation, in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Corporate Surety Business Address BY: Print Name: Title: (Affix Corporate SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared , to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this day of , 20 Notary Public, State of _ My Commission Expires: [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03-10 rev 00622-3 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00622 -Contractors Application for Payment - 03-10 rev.doc Rev. 05/01 Page 4of5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE **************************************************************************************************** [The Remainder of This Page Was Left Blank Intentionally] Page 5of5 00622 - Contractor's Application for Payment - 03-10 rev 00622-4 I'APublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been .paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): 00622-5 00622 - Contractor's Application for Payment - 03-10 rev F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 M O Ln O UZ o– o o Z U_ ++ Q UQ N Q O � a` r - v E T l6 a w Q z w O cr 0- 0 F, ~ O O o 4e9 vei 49 409 409 W = U V7 zZ JLL O Q z F' w m Q O U CY w z J cL a p c O w LU N zz d a � w a O A O F• W F O Z W u Q o W p d o p � CLOQ d B U 0— U O n r� U0 as U p, a J F d F d U W F z a 0. 0 z �O Fm d d 10p cn ab � a ao c O � O o o w IL T z a Q J yp FQ- O. o o O~ >U W J Xa (L z Q Q CJ W c" J 7 O O O O O E O O W J y ` J J w w _ a o m � o h :3 C l9 cn 7 a J C C O J o J � p « to F Z V j N U 0 Z 0 0 Q 0 wl z PAGE 00622-6 SECTION 00630 - Certificate of Substantial Completion Date of Issuance: 20 OWNER: Indian River County CONTRACTOR, CONTRACT FOR: 431*d AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41s' STREET Project No.: IRC -1503 OWNER's Bid No. 2020016 Project Description: The work will consist of the construction of an 8 -foot -wide i sidewalk improvements will be approximately 0.85 miles in length The work will also include erosion control, maintenance of traffic ditch grading minor drainage piping with drainage structures, signing and pavement markings. This is an F D O T Local Agency Program (LAP) funded project FM No. 440019-1-58-01. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To: CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 30 calendar days of the above date of Substantial Completion. 00630 - Certificate of Substantial Completion REV 04-07 00630-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00630 - Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: ENGINEER: By: (Authorized Signature) (Date). 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00630 - Certificate Of Substantial Completion REV 04-07.doc SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41" STREET PROJECT NO: IRC -1503 STATE OF _ COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of 20 , enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 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\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00632 - Contractors Final Certification REV 04-07.doc 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Corporate Seal) (Contractor) By: Subscribed and sworn to before me this _ day of , 20 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + 00632-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00632 - Contractor's Final Certification REV 04-07.doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER'S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: (Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project: PROJECT NAME: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET PROJECT NUMBER: IRC -1503 I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision. I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents, except for discrepancies listed below. [Attach additional sheets as necessary] (SURVEYOR'S SEAL) CERTIFIED BY: Printed Name: Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name: Company Address: Telephone Number: 00634-1 00634 - Professional Surveyor and Mappers Cert I'APublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\13id Documents\Master Contract Documents\00634 - Professional Surveyor and Mapper's Cert.doc Rev. 06/01 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.................................................................................................... 5 1.01 Defined Terms.....................................:............................................................................................5 1.02 Terminology......................................................................................................................................7 ARTICLE 2 - PRELIMINARY MATTERS.....................................................................................................................8 2.01 Delivery of Bonds............................................................................................................................. 8 2.02 Copies of Documents....................................................................................................................... 8 2.03 Commencement of Contract Times; Notice to Proceed................................................................. 8 2.04 Starting the Work.............................................................................................................................. 8 2.05 Before Starting Construction............................................................................................................8 2.06 Preconstruction Conference............................................................................................................ 9 2.07 Initial Acceptance of Schedules....................................................................................................... 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE...............................................................9 3.01 Intent................................................................................................................................................. 9 3.02 Reference Standards.......................................................................................................................10 3.03 Reporting and Resolving Discrepancies.........................................................................................10 3.04 Amending and Supplementing Contract Documents......................................................................10 3.05 Reuse of Documents........................................................................................................................10 ARTICLE 4 = AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCEPOINTS.............................................................................................................................11 4.01 Availability of Lands..........................................................................................................................11 4.02 Subsurface and Physical Conditions...............................................................................................11 4.03 Differing Subsurface or Physical Conditions...................................................................................11 4.04 Underground Facilities.....................................................................................................................12 4.05 Reference Points.............................................................................................................................. 13 4.06 Hazardous Environmental Condition at Site...................................................................................13 ARTICLE5 - BONDS AND INSURANCE....................................................................................................................14 5.01 Performance, Payment, and Other Bonds......................................................................................14 5.02 Licensed Sureties and Insurers.......................................................................................................15 5.03 Certificates of Insurance..................................................................................................................15 5.04 CONTRACTOR's Liability Insurance...............................................................................................15 5.05 OWNER's Liability Insurance...........................................................................................................16 5.06 Property Insurance...........................................................................................................................16 5.07 Waiver of Rights...............................................................................................................................17 5.08 Receipt and Application of Insurance Proceeds.............................................................................18 5.09 Acceptance of Bonds and Insurance; Option to Replace............................................................... 18 5.10 Partial Utilization, Acknowledgment of Property Insurer.................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES................................................................................................18 6.01 Supervision and Superintendence...................................................................................................18 6.02 Labor, • Working Hours......................................................................................................................19 6.03 Services, Materials, and Equipment................................................................................................19 6.04 Progress Schedule...........................................................................................................................19 6.05 Substitutes and "Or-Equals".............................................................................................................19 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................... 21 00700 - General Conditions REV 5-10-13 00700-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\I-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc - - - - 6.07 Patent Fees and Royalties............................................................................................................... 22 6.08 Permits.............................................................................................................................................. 22 6.09 Laws and Regulations...................................................................................................................... 22 6.10 Taxes................................................................................................................................................ 22 6.11 Use of Site and Other Areas............................................................................................................ 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..................................................................... 25 6.20 Indemnification................................................................................................................................. 26 ARTICLE7 - OTHER WORK....................................................................................................................................... 27 7.01 Related Work at Site........................................................................................................................ 7.02 Coordination 27 ..................................................................................................................................... 27 ARTICLE 8 - OWNER'S RESPONSIBILITIES............................................................................................................ 27 8.01 Communications to Contractor ........................................................................................................27 8.02 Replacement of ENGINEER ............................................................................................................ 8.03 Furnish Data 27 ..................................................................................................................................... 27 8.04 Pay Promptly When Due.................................................................................................................. 27 8.05 Lands and Easements, Reports Tests and ..................................................................................... 28 8.06 Insurance.......................................................................................................................................... 28 8.07 Change Orders .................................................................................................................................28 8.08 Inspections, Tests, and Approvals................................................................................................... 28 8.09 Limitations on OWNER's Responsibilities ....................................................................................... 8.10 Undisclosed Hazardous Environmental Condition 28 .......................................................................... 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 ...................................................................................................................................... 9.03 Project Representative 28 .....................................................................................................................29 9.04 Clarifications and Interpretations ..................................................................................................... 9.05 Authorized Variations in Work 29 .......................................................................................................... 9.06 Rejecting Defective Work 29 .................................................................................................................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 ................................................................................................... 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 30 ...................................................................................................................... 10.05 Claims and Disputes 31 ...................................................................................................................... 31 00700 - General Conditions REV 5-10-13 00700-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-03rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Do=nents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doe - - - ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK..............................................31 11.'01 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 ........................................................................................................................ 14.03 CONTRACTOR's Warranty Title 38 of ............................................................................................... 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 ARTICLE16 - 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 ................................................................................................................... 17.05 Controlling Law 44 ............................................................................................................................... 44 00700 - General Conditions REV 5-10-13 00700-4 E:\Public Works\ENGINEERING DIVISION PROJECTS\150343rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Daze\00700 - Genml Conditions REV 5-10-13.doc - - - GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid --The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order --A document recommend- ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract --The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documenta- tion submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amend- ments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final pay- ment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work --See paragraph 11.01.A for definition. 00700 - General Conditions REV 5-10-13 00700-5 F:\Public Works\ENGINEERING DNISION PROJECTS\1503A3rd Ave Swk_Aitport Dr to 41st St\l-Adnnin\Bids\Bid Docurnents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — 17. Drawings --That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER—The individual or entity named as such in the Agreement. 22. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition -- The presence at the Site of Asbestos, PCBs, Petro- leum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulat- ions --Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Comple- tion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice,given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35: Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 00700 - General Conditions REV 5-10-13 00700-6 I'APublic Works\ENGINEERING DIVISION PROJECTS\1503.43rd Ave Swk_Airport Or to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, stan- dards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, " cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment --A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and confor- 00700 - General Conditions REV 5-10-13 00700-7 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — mance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Docu- ments, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The—werd "furnish," when used on GGRReGtiGR With services, materials, Ar ,i,+ at . „IOF + . the G9Rdht0eR: 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- ceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- mence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the 00700 - General Conditions REV 5-10-13 00700-8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503_BID CONTRACT_Add Date\00700 - General Conditions REV 5-10-13.doc — — Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC- TOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for sub- mitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.6. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT— AMENDING, AMENDING, REUSE 3.01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the 00700 - General Conditions REV 5-10-13 00700-9 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — — Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifica- tions, manuals, or codes of. any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con- tract Documents or between- the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in,the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (I` a Ciotti ^ ; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarifi- cation. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a, direct or indirect 00700 - General Conditions REV 5-10-13 00700-10 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk Airport Or to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 -General Conditions REV 5-10-13.doc contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGI- NEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementa- ry Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRAC- TOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 4.02 Subsurface and Physical Conditions 2. is of such a nature as to require a change in the Contract Documents; or 00700 - General Conditions REV 5-10-13 00700-11 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk Airport Dr to 41st St\t-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — — 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review.- After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in para- graph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as re- quired by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities 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 data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or com- pleteness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- TOR shall have full responsibility for: a. CONTRACTOR knew of the a. reviewing and checking all such existence of such conditions at the time information and data, CONTRACTOR made a final commitment to OWNER in respect of Contract Price and b. locating all Underground Facilities Contract Times by the submission of a Bid shown or indicated in the Contract Documents, 00700 - General Conditions REV 5-10-13 00700-12 R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — — c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an . Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CON- TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in 00700 - General Conditions REV 5-10-13 00700-13 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Or to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\00700 - General Conditions REV 5-10-13.doc the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special condi- tions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negli- gence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees. and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds 00700 - General Conditions REV 5-10-13 00700-14 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st S1\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — B. All Bonds shall be in the form prescribed by the Contract Documents except as provided other- wise by Laws or Regulations, and 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. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.6, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.6 and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- TRACTOR is required to purchase and maintain. OWNER shall deluveF to GONTRAGTOR, With GGpieG 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcon- tractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, mainte- nance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclu- sive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supple- 00700-15 upple- 00700-15 00700 - General Conditions REV 5-10-13 R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACTAdd Date\00700 - General Condifions REV 5-10-13.doc - — — — — mentary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certifi- cate of insurance has been issued (and the certificates of insurance furnished by the CON- TRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance 5.06 Property Insurance 00700 - General Conditions REV 5-10-13 00700-16 I'APublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Or to 41st SM-Admin\Bids\Bid Documents\IRC 1503BID CONTRACT_Add Date\00700 - General Conditions REV 5-10-13.doc _ 5.07 Waiver of Rights D. OWNER shall not be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 00700 - General Conditions REV 5-10-13 00700- 17 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Svrk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 -General Conditions RE/ 5-10-13.doc — — 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substan- tial Completion of all the Work as provided in para- graph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on 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. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be 00700 - General Conditions REV 5-10-13 00700- 18 I'APublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503_BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — —— responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. 6.02 Labor, Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- ments. CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials,_ and Equipment A. Unless otherwise specified in the General Requirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- cated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amend- ment in accordance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equip- ment proposed by CONTRACTOR is function- ally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER 00700 - General Conditions REV 5-10-13 00700-19 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an. "or -equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the pro- posed substitute item will prejudice CONTRACTOR's achievement of Substan- tial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, se- quence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Docu- ments. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- graphs 6.05.A and 6.05.6. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's 00700 - General Conditions REV 5-10-13 00700-20 R\Public works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — — review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR's ex- pense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.6 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so pro- posed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.13), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reason- able objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted.to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcon- tractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No accep- tance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship be- tween OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontrac- tors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to commu- nicate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor 00700 - General Conditions REV 5-10-13 00700-21 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — — — or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWN- ER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consum- er, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. B. OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 00700 - General Conditions REV 5-10-13 00700-22 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — — 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and.charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other parry indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CON- TRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish,, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGI- NEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected -by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of 00700 - General Conditions REV 5-10-1.1 00700-23 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk—Airport Or to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — — adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly em- ployed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged be- tween or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- mance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, 00700 - General Conditions REV 5-10-13 00700-24 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGI- NEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CON- TRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make correc- tions required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, 00700 - General Conditions REV 5-10-13 00700-25 FAI`ublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503_ BID_ CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Sub- stantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen- sation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CON- TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 00700 - General Conditions REV 5-10-13 00700-26 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID_ CONTRACT_ Add Date\00700 - General Conditions REV 5-10-13.doc — — ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a parry to such a direct contract and each utility owner (and OWNER, if OWNER is per- forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficien- 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 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 deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 00700 - General Conditions REV 5-10-13 00700-27 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503_BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on informa- tion obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGI- NEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without. limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construc- tion, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 00700 - General Conditions REV 5-10-13 00700-28 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\00700 - General Conditions REV 5-10-13.doc 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compat- ible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be aE;oeFnpl*6hed by a Field QF deF anal will be biRding 9R OWNER d ;;Irn mm to agFeeGR Rti+lement +e the + + + ifanY, ef aRy w4ustment in the + ' G + + Times, F beth I+ f a Field f1rd .. elicraoc 1irtr�c.., v `� `� Slaim maybemadeu therefer as�revided in paFagFaph 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to 00700 - General Conditions REV 5-10-13 00700-29 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503.43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 -General Conditions REV 5-10-13.doc this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Responsibilities A. Neither ENGINEER's authority or respon- sibility under this Article 9 or under any other provi- sion of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documen- tation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A.. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 00700 - General Conditions REV 5-10.13 00700-30 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will. be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other parry to the Contract within 60 days after the start of such event (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 an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.6, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the 00700 - General Conditions REV 5-10.13 00700-31 FAPublic works\ENGINEERING-DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc Project, shall include only the following items, and shall not include any of the costs itemized in para- graph 11.01.B. 2. Cost of all materials and equipment furnished and incorporated in the Work, includ- ing costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary trans- portation, travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. C. Rentals of all construction equip- ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agree- ments. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e . Deposits lost for causes other than negligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sus- tained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses 00700 - General Conditions REV 5-10-13 00700-32 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.13, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the 00700 - General Conditions REV 5-10-13 00700-33 FAPublic works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACTAdd Date\00700 - General Conditions REV 5-10-13.doc — — — _ allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of.the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaran- teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Deter- minations of the actual quantities and classifications' of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- quate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if . CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not cov- ered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.6.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under para- graphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; 00700 - General Conditions REV 5-10-13 00700-34 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — — b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcon- tractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.6; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the parry making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05: B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRAC- TOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to, the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to 00700 - General Conditions REV 5-10-13 00700-35 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected,corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. .CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. .CONTRACTOR shall give ENGINEER timely notice of readiness of the. Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspec- tion or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CON- TRACTOR without written concurrence of ENGI- NEER, it must, if requested by ENGINEER, be uncov- ered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question, furnishing all neces- sary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure,, observation, inspection, and testing, and of 00700 - General Conditions REV 5-10-13 00700-36 FAPublic Works\ENGINEERING DIVISION PROJECTS\150343rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\00700 - General Conditions REV 5-10-13.doc satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period atieRS OWNER Or_ " I ,r o I GGIRtemplated in �aFagraph 6.11.A is found te be (')FepaiF defeGtive land -vr-carc-cs,r (ii) GOrrest SUGh defective WeFk er, if the f the PF(► est and replace it with `^"ice t that 06 RGt t;eFe4em-. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. item of equipmeRt 66l a + earlieF date if sG PFE)Vided OR the 9peGifiGati9R6 OF by C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and re- placement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all 00700 - General Conditions REV 5-10-13 00700-37 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503- BID_ CONTRACT_ Add Date\00700 - General Conditions REV 5-10-13.doc — — fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI- NEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such sup- porting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the 00700 - General Conditions REV 5-10-13 00700-38 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk—Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CON- TRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and quali- fied design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final deter- mination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. The conditions precedent to CONTRACTOR's being entitled to' such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspec- tions made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.6.2. ENGI- NEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subse- quent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in 00700 - General Conditions REV 5-10-13 00700-39 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Or to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — — ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or C. Payment Becomes Due D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- ER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRA CTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment cov- ered by any Application for Payment, whether incor- porated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER. in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER ^^r^•d thepFe—Werl<<—FubstantiaAsemPlete, �nlr,lnl��o II rGeFtifiGate ----..Rt*al GempletiGR WhiGh shall fix the date of Substantial Cempletien There spall be attaGhed to 3ted befere final —Payment OWNER sha4 have seveR day ^ft + f the + + + ,+•f ^ e� r Y r €nlr_InIGGo r­­I­Jes that the VV49* + h + tially-eemplete ENGINEER will with;. 14 d,...s a _ 6YbMi66len of the tentative ate to ^`n'"' R +"erefer If, after sensideratien of QVVNERrs ;s ENGINEER GGRs•aer-s the WnieFk . a44- tially-eernPlete ENGINEER ..•II •+h•n said 14 days 00700 - General Conditions REV 5-10-13 00700-40 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — — B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Docu- ments, or which OWNER, ENGINEER, and CON- TRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed. all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by 00700 - General Conditions REV 5-10-13 00700-41 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503_BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — _ subparagraph 5.04.6.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services,. material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satis- fied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of -the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that 'portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made Under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will 00700 - General Conditions REV 5-10-13 00700-42 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503.43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — . — — fix the date on which Work will be resumed. CON- TRACTOR shall resume the Work on the date so fixed. monoORthe —r+oi iu av}c P•a 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents.' B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site; and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR.. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect. any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco - 00700 - General Conditions REV 5-10-13 00700-43 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID _CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — _ nomic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, TRACTOR aRY,E;UM fiRally deteFFniRed to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspen- sion or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, 9F OWNER has failed fGF 30 days to pa due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom itis intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If. the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all. continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or comple- tion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 - General Conditions REV 5-10-13 00700-44 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503.43rd Ave Swk_Airport Dr to 41st St\t-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\00700 - General Conditions REV 5-10-13.doc — — — SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction SC — 1.00 Defined Terms SC — 1.01 Terminology SC — 1.02 Before Starting Construction SC — 2.05 Preconstruction Conference SC — 2.06 Coordination of Plans, Specifications, and Special Provisions SC — 3.06 Subsurface and Physical Conditions SC — 4.02 Performance, Payment and Other Bonds SC — 5.01 Certificates of Insurance SC — 5.03 CONTRACTOR'S Liability Insurance SC — 5.04 OWNER's Liability Insurance SC — 5.05 Property Insurance SC — 5.06 Waiver of Rights SC — 5.07 Receipt and Application of Insurance Proceeds SC — 5.08 Acceptance of Bonds and Insurance; Option to Replace SC — 5.09 Labor; Working Hours SC — 6.02 Concerning Subcontractors, Suppliers and Others SC — 6.06 Permits SC — 6.08 Cost of the Work SC — 11.01 Test. and Inspections SC — 13.03 OWNER May Stop the Work SC — 13.05 Correction Period SC — 13.07 Progress Payments SC — 14.02 Substantial Completion SC — 14.04 00800-i 00800 - Supplementary Conditions REV 10-18 00800 IF:\Public Works\ENGINEERING DIVISION PROJECTS\1503.43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc Final Payment SC — 14.07 OWNER May Suspend Work SC — 15.01 OWNER May Terminate for Cause SC — 15.02 CONTRACTOR May Stop Work or Terminate SC — 15.04 Mediation SC —16.02 Liens SC — 17.06 +++ END OF THIS SUPPLEMENTARY CONDITIONS INDEX +++ 00800 -ii 00800 - Supplementary Conditions REV 10-18 00800 IIF:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_ jrportDr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC -1.00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. SC -1.01 Defined Terms SC -1.01.A.20. Delete paragraph GC 1.01.A.20 in its entirety. SC -1.02 Terminology SC -1.02.D.1, 2, and 3 Delete paragraphs GC -1.02.D.1, 2, and 3 in their entirety and insert the following paragraphs in their place: D. Furnish, Install, Perform, Provide 1.. The word "furnish" shall mean to supply and deliver services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install' shall mean to put into use or place in final position services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide" shall mean to furnish and install services, materials, or equipment complete and ready for intended use. SC -2.05 Before Starting Construction SC -2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its place C. Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. SC -2.06 Preconstruction Conference SC -2.06 Delete paragraph GC -2.06.A in its entirety and insert the following paragraph in its place: Immediately after awarding the contract, but before the CONTRACTOR begins work, the Project Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2.05.6, procedures for handling Shop Drawings and other submittals, and maintaining required 00800-1 00800 - Supplementary Conditions REV 10-18 00800 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc records. Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. A. Per the FDOT Standard Specifications for Road and Bridge Construction, the Contractor will certify to the Engineer the following: 1. A listing of on-site clerical staff, supervisory personnel and their pro -rated time assigned to the contract, 2. Actual Rate for items listed in Table 4-3.2.1 (see below), 3. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, 4. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. FDOT Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation Benefits Actual Retirement Benefits Actual Workers Compensation Rates based on the National Council on Compensation Insurance basic rates tables adjusted by Contractor's actual experience modification factor in effect at the time of the additional work or unforeseen work Per Diem Actual but not to exceed State of Florida's rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.). SC -3.06 Coordination of Plans, Specifications, and Special Provisions SC -3.06 Add the following new paragraphs immediately after paragraph GC -3.05: SC -3.06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows: 1. Written Interpretations 2. Addenda 3. Specifications 4. Supplementary Conditions to the General Conditions 5. General Conditions 6. Approved Shop Drawings 7. Drawings 8. Referenced Standards. B. Written/computed dimensions shall govern over scaled dimensions. 00800-2 00800 - Supplementary Conditions REV 10-18 00800 2F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\Bid DocumentsWaster Contract Documents\00800 - Supplementary Conditions REV 10-18.doc SC -4.02 Subsurface and Physical Conditions SC -4.02 Add the following new paragraphs immediately after paragraph GC -4.02.8: C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: NONE SC -5.01 Performance, Payment and Other Bonds SC -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its place: Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. 1. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. 2. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. 3. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. SC -5.03 Certificates of Insurance SC -5.03 Delete the second sentence of paragraph GC -5.03 in its entirety. SC -5.04 CONTRACTOR's Liability Insurance SC -5.04 Add the following new paragraphs immediately after paragraph GC -5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations 00800-3 00800 - Supplementary Conditions REV 10-18 00800 3F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Svrk_Airport or to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc b. Products/Completed Operations C. Contractual Liability d. Independent Contractors e. Explosion f. Collapse g. Underground. 3. Business Auto Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. 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 and Auto Liability. C. The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. d. An appropriate "Indemnification" clause shall be made a provision of the Contract (see paragraph 6.20 of the General Conditions). e. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requirements, which are subject to modification in response to high hazard operation. g. Insured must be authorized to do business and have an agent for service of process in Florida and have Best's Rating of A -VII or better. D. Additional Insureds: 1. In addition to "Indian River County, Florida," the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies: a. City of Vero Beach SC -5.05 OWNER's Liability Insurance SC -5.05 Delete paragraph GC -5.05.A in its entirety. SC -5.06 Property Insurance SC -5.06 Delete paragraphs GC -5.06.A, B, and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, 00800-4 00800 - Supplementary Conditions REV 10-18 00800 4F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\t-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC -5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. SC -5.06.E Delete paragraph GC -5.06.E in its entirety and insert the following in its place: E. Additional Insureds: 1. The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's property insurance policies: a. Indian River County, Florida b. City of Vero Beach 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 00800-5 00800 - Supplementary Conditions REV 10-18 00800 5F:\Pub1ic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc SC -5.09 Delete GC-5.09(paragraph A)in its entirety. SC -6.02 Labor; Working Hours SC -6.02A. Add the following paragraphs immediately after paragraph GC -6.02.A: 1. The Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of all persons employed by the Contractor during the term of the Contract to perform employment duties within Florida and all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the Contract with the Department. SC -6.02.6 Add the following paragraphs immediately after paragraph GC -6.02.8: 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. 2. Indian River County Holidays are: New Year's Day, Martin Luther King, Jr. Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager. 3. The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of emergency upon specific permission of the ENGINEER. SC -6.06 Concerning Subcontractors, Suppliers, and Others SC -6.06.C. Add the following sentence at the end of paragraph GC -6.06.C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6.08 Permits SC -6.08 Add the following paragraphs immediately after paragraph GC -6.08.A: The OWNER has obtained the following permits (copies of these permits are contained in Appendix A): 00800-6 00800 - Supplementary Conditions REV 10-18 00800 6F:\Pub1ic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Or to 41st St\t-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc A. St. Johns River Water Management District — General Permit 155718-1 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 the permits at no extra cost to the OWNER. 3. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC -11.01 Cost of the Work SC -11.01.A.1. Delete paragraph GC -11.01.A.1 in its entirety, and insert the following sentences in its place: 1. CONTRACTOR will receive payment for actual costs of direct labor and burden (see SC -2.06.13) for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro -rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. SC -13.03 Test and Inspections SC -13.03.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: 1. inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.13 shall be paid as provided in said paragraph 13.04.13; 3. tests otherwise specifically provided in the Contract Documents. 00800-7 00800 - Supplementary Conditions REV 10-18 00800 7F:\Public Works\ENGINEERING DIVISION PROJECTS\1503.43rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc SC -13.05 OWNER May Stop the Work SC -13.05.A. Delete paragraph GC -13.05.A in its entirety and insert the following paragraph in its place: A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications, -or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. SC -13.07 Correction Period SC -13.07 A. Delete the first sentence of paragraph GC -13.07.A in its entirety and insert the following sentence in its place A. If within one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of - any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. SC -13.07 B. Delete paragraph GC -13.07.6 in its entirety and insert the following sentence in its place B. In special circumstances where a particular item of equipment is placed in continu- ous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. SC -14.02 Progress Payments SC -14.02.B.5. Delete paragraph GC-14.02.B.5.d in its entirety and insert the following paragraph in its place: d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A; or 00800-8 00800 - Supplementary Conditions REV 10-18 00800 8F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc SC -14.02.B.5. Add the following sentences at the end of paragraph GC -14.02.6.5: e. OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals. SC -14.02.C.1. Delete paragraph GC -14.02.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Acta 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 -14.0413 Add the following new paragraph immediately after paragraph GC 14.048: C. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees 00800-s 00800 - Supplementary Conditions REV 10-18 00800 JF:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc SC -14.07 Final Payment SC -14.07.C.1. Delete paragraph GC -14.07.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act", Florida Statutes section 218.70, et. seq. SC -15.01 OWNER May Suspend Work SC -15.01.A Delete the last sentence in paragraph GC -15.01.A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times, directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10.05. CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension. SC -15.02 OWNER May Terminate For Cause SC -15.02.A.5 and SC -15.02.A.6 Add the following new paragraphs immediately after paragraph GC -15.02.A.4: 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. CONTRACTOR certifies that it and its related entities as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and its related entities as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies, that exist for the purpose of making profit, is found to have been placed on the 00800-10 00800 - Supplementary Conditions REV 10-18 00800 10F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Or to 41st St\t-Admin\I3Ws\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 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: 9F OWNER fails fel: 30 days tG pay GONTRAGTOR aRY sum fiRally deteFmiRed to be du SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: _ . . LINN_ . . _"' r", " W_ " F-1 �'" �'_ - M: SC -16 DISPUTE RESOLUTION SC -16.02 Mediation SC -16 Add the following new paragraph immediately after paragraph GC -16.01. SC -16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 191 Judicial Circuit in Indian River County unless delay in initiating mediation would irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. SC -17 Miscellaneous SC -17.06 Liens Add the following new paragraphs immediately after paragraph GC17.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River Countv 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 00800-11 00800 - Supplementary Conditions REV 10-18 00800 11 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit -claim -any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++END OF SUPPLEMENTARY CONDITIONS++ 00800-12 00800 - Supplementary Conditions REV 10-18 00800 12FAPub1ic Works\ENGINEERING DIVISION PROJECTS\150343rd Ave Swk_Airport or to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc DATE OF ISSUANCE: SECTION 00942 - Change Order Form No. EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR: Project: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET OWNER's Project No.: IRC -1503 OWNER'S Bid No.: 2020016 FM No.: 440019-1-58-01 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: Description Amount Original Contract Price $ Net Increase (Decrease) from $ previous Change Orders No. to Contract Price prior to this $ Change Order: Net increase (decrease) of this $ Change Order: Contract Price with all approved $ Change Orders: ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net change from previous Change Orders No. to (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Completion: RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: 00942 - Change Order Form REV 04-07 00942-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\13ids\I3id Documents\Master Contract Documents\00942 - Change Order Form REV 04-07.doc Rev. 05/01 SECTION 00948 - Work Change Directive No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR: Project: 431d AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET OWNER's Project No.: IRC -1503 OWNER's Bid No.: MOM FM No.: 440019-1-58-01 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 Contract Prices II Unit Prices II Lump Sum II Other: By Change Order: Method of determining change in Contract Times 0 Contractor's Records ❑ Engineer's Records ❑ Other: [j By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $ Substantial Completion: days; If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Ready for Final Completion: days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: By: RECOMMENDED: By: APPROVED: By: CONTRACTOR (Signature) Date: ENGINEER (Signature) Date. OWNER (Signature) Date: * * END OF SECTION * * FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\00948 - Work Change Directive Rev 06-2013.doc DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO. SPECIAL PROVISIONS 01009 FORCE ACCOUNT 01024 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01340 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01520 PROTECTION OF THE WORK AND PROPERTY. 01541 ACCESS ROADS, PARKINGS AREAS AND USE OF PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS 01610 AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 SITE CLEANUP AND RESTORATION 01710 POST FINAL INSPECTION 01820 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Ad min\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\DIVISION 1 GENERAL REQUIREMENTS.doc SECTION 01009 SPECIAL PROVISIONS 1.1 GENERAL A. Visits to the construction site may be made by representatives of permitting or governing bodies. Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction. B. Furnish sufficient labor, construction equipment and materials, and work such hours, including night shifts and overtime operations, as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule. If, in the opinion of the ENGINEER, the CONTRACTOR falls behind the progress schedule, take such steps as may be necessary to improve progress, all without additional cost to the OWNER. The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions, SC -6.02. C. All salvageable material and equipment for which specific use, relocation or other disposal is not specifically noted, shall remain the property of the OWNER and shall be delivered to the OWNER at the following location: 4550 41St Street, at the CONTRACTOR's expense. All material and equipment not in salvageable condition, as determined by the ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CONTRACTOR's expense. D. In addition to these Specifications all work must comply with the requirements of the local governing agency, St. Johns River Water Management District, Department of Environmental Protection, Army Corps of Engineers, Indian River Farms Water Control District, and all other applicable State or Federal agencies' specifications and permits. In the event of a conflict, the more stringent specification or requirement shall govern. E. Before performing any work outside the designated limits of the work site, secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained'. Follow all requirements of any said permits or authorization. Give the ENGINEER and appropriate owner ten (10) days minimum notice before commencing construction operations outside the designated limits of the work site. 01009-1 01009 -Special Provisions F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503—BID—CONTRACT—Add Date\01009 - Special Provisions.doc SECTION 01024 FORCE ACCOUNT 1.1 General CONTRACTOR shall furnish all labor, materials, equipment and incidentals necessary to perform additional work not covered on the Contract Drawings. The force Account is intended as a contingency for unforeseen work. 1.1 PAYMENT A. Lump sum amount for force account work is included in the bid schedule. The value of force account work will be determined in accordance with Article 12 of the General Conditions. + + END OF SECTION + + 01024-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41 st St\1-Admin\Bids\Bid Documents\IRC 1503 BIDCONTRACT Add Date\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,orremoving 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:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID CONTRACT Add Date\01050 - Field Engineering.doc B. The CONTRACTOR shall carefully preserve all control stakes, benchmarks, reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance. If the loss or disturbance of the stakes or marks cause a delay in the Work, the CONTRACTOR shall have no claim for damages or extension of time. Control stakes, benchmarks, reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land 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 a Florida Registered Surveyor and Mapper. 1.3 STATION BOARDS A. CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet. 1.4 LAYOUT OF STRIPING Establish by instrument, and mark the finished surface, the points necessary for striping finished roadway in conformance with Section 5-7 of FDOT Standard Specifications. + + END OF SECTION + + 1050-2 01050 Field Engineering F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01050 - Field Engineering.doc SECTION 01091 REFERENCE STANDARDS filll�e]: C G 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 AWPAAmerican Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED.SPEC. Federal Specifications 01091-1 01091 Reference Standards R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Drto 41st St\1-Admin\Bids\Bid Documents\IRC 1503 BID CONTRACT Add Date\01091 - Reference Standards.doc CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/DOT Florida Department of Transportation U. L., Inc. Underwriter's Laboratories, Inc. SSPC Steel Structures Painting Council SJRWMD St. Johns River Water Management District C. When no reference is made to a code, standard or specification, the standard specifications of ASTM, FDOT, or ANSI shall govern. D. In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards, or any other regulatory specification or standard, the more stringent requirement prevails. + + END OF SECTION + + 01091-2 01091 Reference Standards F:\PublicWorksNENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01091 - Reference Standards.doc SECTION 01215 GENERAL QUALITY CONTROL 1.1 DESCRIPTION OF REQUIREMENTS A. Definitions: Specific quality control requirements for the work are indicated throughout the Contract Documents. The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products. The term "Quality Control" includes, but is not necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance. 1.2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A. Residual OWNER Responsibility: The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests. B. CONTRACTORS General Responsibility: No failure of test agencies, whether engaged by the OWNER or CONTRACTOR, to perform adequate inspections of tests or to properly analyze or report results, shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents. It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR, OWNER, ENGINEER, and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work. The program is not intended to limit the CONTRACTOR in his regular quality control program, as needed for general assurance of compliance. 1.3 QUALITY ASSURANCE A. General Workmanship Standards: It is a requirement that each category of tradesman or installer performing the work be pre -qualified, to the extent of being familiar with the applicable and recognized quality standards for his category of work, and being capable of workmanship complying with those standards. 1.4 PRODUCT DELIVERY -STORAGE -HANDLING Handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and losses (and resulting delays), thereby ensuring highest quality results as the performance of the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at the project site prior to installation. 01215-1 01215 General Quality Control F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01215 General Quality.doc SECTION 01215 GENERAL QUALITY CONTROL 1.5 PROJECT PHOTOGRAPHS/VIDEOS A. The CONTRACTOR shall make provisions, at his expense, for photographs and video tapes of all work areas just prior to construction, and for unusual conditions during construction. The photographs and videos shall show pertinent physical features along the line of construction. The purpose of the videos is to determine any damage to private or public property during construction. The video must be performed by a professional videographer. B. Pre -Construction Photographs and Video: 1. Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction. These photographs and videos shall be a standard DVD format and shall be narrated. 2. The photographs and video shall include, but not be limited to, the following items shown in a clear manner: 1) All existing features within the right-of-way. 2) All existing features within the temporary construction easement. 3) All existing features within permanent easements. 4) All existing features adjacent to any construction. 3. Detail of the photographs and video shall be such that the following examples shall be clear and visible: 1) Cracks in walls. 2) Condition of fencing. 3) Condition of planted areas and types of vegetation. 4) Condition of sodded areas. 5) Conditions of sprinkler systems and associated controls and wiring. 6) Condition of signs. 7) Conditions of lighting and associated wiring. 8) Significant detail of any pre-existing damages physical features shall be shown. The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers. 9) These photographs and video record shall be presented and approved by the Owner prior to the Notice to Proceed. A copy shall be kept in the Contractor's field office. 10)Payment — No additional payment will be made for this work. + + END OF SECTION + + 01215-2 01215 General Quality Control F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_ 1503_ BID_ CONTRACT_ Add Date\01215 General Quality.doc SECTION 01220 PROGRESS MEETINGS 1.1 SCOPE A. Date and Time: 1. Regular Meetings: As mutually agreed upon by ENGINEER and CONTRACTOR. 2. Other Meetings: On call. B. Place: CONTRACTOR'S office at Project site or other mutually agreed upon location. C. ENGINEER shall prepare agenda, preside at meetings, and prepare and distribute a transcript of proceedings to all parties. D. CONTRACTOR shall provide data required and be prepared to discuss all items on agenda. 1.2 MINIMUM ATTENDANCE A. CONTRACTOR B. SUBCONTRACTOR: When needed for the discussion of a particular agenda item, CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting. C. CONSTRUCTION COORDINATION MANAGER D. OWNER'S representative, if required. E. Utility Representatives F. Others as appropriate. G. Representatives present for each party shall be authorized to act on their behalf. 1.3 AGENDA Agenda will include, but will not necessarily be limited to, the following: 1. Transcript of previous meeting. 2. Progress since last meeting. 3. Planned progress for next period. 4. Problems, conflicts and observations. 5. Change Orders. 6. Status of Shop Drawings. 7. Quality standards and control. 8. Schedules, including off-site fabrication and delivery schedules. Corrective measures, if required. 9. . Coordination between parties. 10. Safety concerns. 11. Other business. + + END OF SECTION + + 01220-1 01220 Progress Meetings F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01220 - Progress Meetings.doc SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL REQUIREMENTS A. No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand. B. Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports. This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules. 1.2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised (updated) progress schedules on a monthly basis the CONTRACTOR shall: A. Indicate the progress of each activity to the date of submission. B. Show changes occurring since the previous submission listing: 1. Major changes in scope. 2. Activities modified since the previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement, submit the initial schedules to the ENGINEER. The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt. If required by the ENGINEER, resubmit revised schedules on or before the seventh day after receipt of the review copy. If required by the ENGINEER, submit revised monthly progress schedules with that month's application for payment. 01310-1 01310 Construction Schedule F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_ 1503_ BID_ CONTRACT_ Add Date\01310 - Construction Schedule.doc SECTION 01310 CONSTRUCTION SCHEDULES 1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and all reviewed revisions (updated) to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 4. OWNER (two copies). 5. ENGINEER B. In the cover letter, instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedules. + + END OF SECTION + + 01310-2 01310 Construction Schedule F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01310 - Construction Schedule.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS 1.1 SCOPE A. Submit shop drawings, product data and samples as required by or inferred by the Drawings and Specifications. Submittals shall conform to the requirements of Article 6.17 of the General Conditions, Section 00700, and as described in this Section. 1.2 SHOP DRAWINGS A. Shop drawings are original drawings, prepared by the CONTRACTOR, a subcontractor, supplier, or distributor, which illustrate some portion of the work; showing fabrication, layout, setting, or erection details. Shop drawings are further defined in Article 6.17, Section 00700. B. Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings. 1.3 PRODUCT DATA A. Product data are manufacturer's standard schematic drawings and manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data. Product data are further defined in Article 6.17, Section 00700. B. Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project. C. Clearly mark catalog sheets, brochures, etc., to identify pertinent materials, products, or models. 1.4 SAMPLES Samples are physical examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. Samples are further defined in Article 6.17, Section 00700. 01340 - Submittal of Shop Drawings 01340-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Drto 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01340 - Submittal of Shop Drawings.doc 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. 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 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01340 -Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. Submit to: Indian River County, Engineering Division 1801 27th Street Vero Beach, FL 32960 B. A letter of transmittal shall accompany each submittal. If data for more than one Section of the Specifications is submitted, a separate transmittal letter shall accompany the data submitted for each Section. C. At the beginning of each letter of transmittal, provide a reference heading indicating the following: 1. OWNER'S Name 2. Project Name 3. Project Number 4. Transmittal Number 5. Section Number D. All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER. The following is a sample Submittal Form that the CONTRACTOR may use: [The remainder of this page has been left blank intentionally] 01340 - Submittal of Shop Drawings 01340-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01340 - Submittal of Shop Drawings.doc Contractor: SECTION 01340 SUBMITTAL OF SHOP DRAWINGS CONTRACTOR SUBMITTALS SUBMITTAL NO. Date Sent to County No. Copies Sent to County ❑ Original Submittal ❑ Re -Submittal Project Name: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET Project No.: IRC -1503 ❑ Shop Drawing Description: Sub -Contractor:_ Remarks: ❑ Cut Sheet ❑ Other *********************************************************** Reviewing Agency: (As checked below) Date Received Date Returned No. Copies Ret'd ❑ I R C Engineering Div. ❑ I R C Utilities Services Remarks: *********************************************************** IRC Engineering Division 1801 27th Street Vero Beach, FI. 32960 Remarks: Distribution of Copies: IRC Engineering Division Office File Field Office File Date Rec'd from Contractor Date Ret'd to Contractor No. Copies Ret'd 01340 - Submittal of Shop Drawings 01340-4 I'APublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01340 - Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS E. All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR. F. Assign a number to each submittal starting with No. 1 and thence numbered consecutively. Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal, the suffix "B" for the second resubmittal, etc. G. Initially submit to ENGINEER a minimum of two (2) 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). H. After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations: 1. Approved 2. Approved as Noted 3. NOT Approved - Resubmit If a submittal is acceptable, it will be marked "Approved" or "Approved as Noted". One (1) electronic copy'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 submittal is unacceptable, one (1) copy will be returned to CONTRACTOR with following notation, "NOT Approved - Resubmit". L. Upon return of a submittal marked "NOT Approved - Resubmit", make the corrections indicated and repeat the initial approval procedure. Upon return of a submittal so marked, repeat the initial approval procedure utilizing acceptable material or equipment. M. Work shall not be performed nor equipment installed without an ENGINEER "Approved" or "Approved as Noted" Shop Drawing. N. Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved. CONTRACTOR shall assume the risk for all materials or 01340 - Submittal of Shop Drawings 01340-5 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01340 - Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS 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. O. ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this, for the Shop Drawings being revised and resubmitted, and for time required to return the approved Shop Drawings to CONTRACTOR. P. Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals. All costs to ENGINEER involved with subsequent submittals of Shop Drawings, Samples or other items requiring approval, will be back -charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions. If the CONTRACTOR requests a substitution for a previously approved item, all of ENGINEER'S costs in the reviewing and approval of the substitution will be back -charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + 01340 - Submittal of Shop Drawings 01340-6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\13id Documents\IRC_1503_BID_CONTRACT_Add Date\01340 - Submittal of Shop Drawings.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.1 SCOPE A. Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications. 1.2 RESPONSIBILITY A. All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site. B. All false work, scaffolding, ladders, hoistways, braces, pumps, roadways, sheeting, forms, barricades, drains, flumes, and the like, any of which may be needed in construction of any part of the work and which are not herein described or specified in detail, must be furnished, maintained and removed by the CONTRACTOR, who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction, maintenance or operation. C. In accepting the Contract, the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists, cranes, temporary structures or work and for any damage which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision. 1.3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1. Provide a temporary water service as required for all construction purposes and pay for all water used. 2. Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job. 3. Provide all temporary piping, hoses, etc., required to transport water to the point of usage by all trades. 4. When temporary water service is no longer required, remove all temporary water lines. 01520-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01520 - Construction Facilities.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet these requirements. Upon completion of work, remove the facilities from the premises. .1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contract, but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public, workmen, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract. In dry weather, spray dusty areas daily with water in order to control dust. Take necessary steps to prevent the tracking of mud onto adjacent streets and highways. 1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities, services, and controls and legally dispose of them as soon as the work is complete. The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER. + + END OF SECTION + + 01520-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\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 Condi- tions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish; scrap materials, and debris caused by construction operations, so that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately -owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS 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\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK 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. 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 adja- cent to the limits of the Work. 01541-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01541 - Protection of Property.doc 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 in available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3. Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24-hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 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. 01541-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\13id Documents\IRC_1503_BID_CONTRACT_Add Date\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 7. Necessary changes in the location of the Work may be made by ENGINEER, to avoid unanticipated underground structures. 8. If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents, ENGINEER will direct CONTRACTOR in writing to perform the Work, which shall be paid for under the provisions of Article 11 of the General Conditions. B. Surface Structures: 1. Surface structures are defined as structures or facilities above the ground surface. Included with such structures are their foundations and any extension below the surface. Surface structures include, but are not limited to, buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and all other facil- ities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same. 2. Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure. CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure. D. All other existing surface facilities, including but not limited to, guard rails, posts, guard cables, signs, poles, markers, and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR'S expense. 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. 01541-4 R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\13ids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY B. Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this CONTRACTOR's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. 1.7 ADJUSTMENTS OF UTILITY CASTINGS, COVERS AND BOXES A. All existing utility castings, including valve boxes, junction boxes, manholes, pull boxes, inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work. B. The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing. CONTRACTOR shall make available survey reference markers to the various utility companies. + + END OF SECTION + + 01541-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01541 - Protection of Property.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS 1.1 GENERAL A. Provide all temporary construction roads, walks and parking areas required during construction and for use of emergency vehicles. Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions. B. Prevent interference with traffic and the OWNER's operations on existing roads. Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR's operations over these roads. C. Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER. D. Remove temporary roads, walks and parking areas prior to final acceptance and return the ground to its original condition, unless otherwise required by the Contract Documents. 1.2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earthor 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. 01550 Access Roads 01550-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\13id Documents\IRC_1503_BID_CONTRACT_Add Date\01550 - Access Roads.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS C. All trucks/moving equipment shall have backup warning horns in proper working order while on the job site. + + END OF SECTION + + 01550 Access Roads 01550-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\13id Documents\IRC_1503_BID_CONTRACT_Add Date\01550 - Access Roads.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1.1 GENERAL A. Make all arrangements for transportation, delivery and handling of equipment and.materials required for prosecution and completion of the Work. B. Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours. Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not be delivered to OWNER except where otherwise directed. C. If necessary to move stored materials and equipment during construction, CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation. 1.2 DELIVERY A. Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation. B.. Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following: 1. Work of other contractors, or OWNER. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. OWNER'S use of premises. C. Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER. D. Do not have products delivered to site until required storage facilities have been provided. E. Have products delivered to site in manufacturer's original, unopened, labeled containers. Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work. F. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts, and to facilitate assembly. 01610-1 R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT G. Immediately on delivery, Contractor shall inspect shipment to assure: 1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quantities are correct. 3. Containers and packages are intact, labels are legible. 4. Products are properly protected and undamaged. 1.3 PRODUCT HANDLING A. Provide equipment and personnel necessary to handle products, including those provided by OWNER, by methods to prevent soiling or damage to products or packaging. B. Provide additional protection during handling as necessary to prevent scraping, marring or otherwise damaging products or surrounding surfaces. C. Handle products by methods to prevent bending or overstressing. D. Lift heavy components only at designated lifting points. E. Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them. Do not drop, roll or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. + + END OF SECTION + + 01610-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1.1 GENERAL A. Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications. B. Make all arrangements and provisions necessary for the storage of materials and equipment. Place all excavated materials, construction equipment, and materials and equipment to be incorporated into the Work, so as not to injure any part of the Work or existing facilities, and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. C. Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER. D. Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work, including proper protection against damage by extreme temperatures and moisture. E. Do not use lawns, grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. G. Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified. H. When appropriate store materials on wood blocking so there is no contact with the ground. + + END OF SECTION + + 01611-1 01611—Storage of Material F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01611 -Storage of Materials. doc SECTION 01630 SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and Or -Equals," of the General Conditions, and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents. -1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select product meeting that standard by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. B. For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equivalent," submit a request for a substitution for any product or manufacturer which is not specifically named. D. For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted, there is no option and no substitution will be allowed. E. Where more than one choice is available as a CONTRACTOR's option, select product which is compatible with other products already selected or specified. 1.3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time, ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers, and construction methods (if specified). 1. After end of specified period, requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR. B. Submit 5 copies of Request for Substitution. Submit a separate request for each substitution. In addition to requirements set forth in Article 6.05 of General Conditions, include in the request the following: 1. For products or manufacturers: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. 01630-1 01630 Substitutions F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01630 - Substitutions.doc SECTION 01630 SUBSTITUTIONS c. Samples, if appropriate. d. Name and address of similar projects on which product was used, and date of installation. 2. For construction methods (if specified): a. Detailed description of proposed method. b. Drawings illustrating method. 3.. Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product, manufacturer or method specified. C. In making Request for Substitution, CONTRACTOR represents that: 1. CONTRACTOR has investigated proposed substitution, and 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 or extension of time related to a proposed substitution that subsequently may become apparent. D. A proposed substitution will not be accepted if: 1. Acceptance will require changes in the design concept or a substantial revision of the Contract Documents. 2. It will delay completion of the Work, or the work of other contractors. 3. It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR. E. If the ENGINEER determines that a proposed substitute is not equal to that specified, furnish the product, manufacturer, or method specified at no additional cost to OWNER. F. Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents. G. The procedure for review by Engineer will include the following: 1. Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR. 2. Upon receipt of an application for review of a substitution, Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item. 3. If the substitution will not require a more extensive review, Engineer will proceed with the review without additional cost to CONTRACTOR. 01630-2 01630 Substitutions F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01630 - Substitutions.doc SECTION 01630 SUBSTITUTIONS 4. If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5. Engineer may require CONTRACTOR to furnish at CONTRACTOR's `expense additional data about the proposed substitute. H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR's expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. 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 used, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. J. Substitute materials or equipment may be proposed for acceptance in accordance with this Section. In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. + + END OF SECTION + + 01630-3 01630 Substitutions F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01630 - Substitutions.doc SECTION 017.10 SITE CLEANUP AND RESTORATION 1.1 SCOPE Furnish all labor, equipment, appliances, and materials required or necessary to clean up and restore the site after the construction is completed. 1.2 .REQUIREMENTS A. During the progress of the project, keep the work and the adjacent areas affected thereby in a neat and orderly condition. Remove all rubbish, surplus materials, and unused construction equipment. Repair all damage so that the public and property owners will be inconvenienced as little as possible. B. Provide onsite containers for the collection of waste materials, debris, and rubbish and empty such containers in a legal manner when they become full. C. Where material or debris has been deposited in watercourses, ditches, gutters, drains, or catch -basins as a result of the CONTRACTOR's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the ditches, channels, drains, etc., shall be kept clean and open at all times. D. Before the completion of the project, unless otherwise especially directed or permitted in writing: 1. Tear down and remove all temporary buildings and structures; 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbish from any grounds occupied; and 4. Leave the roads, all parts of the premises, and adjacent property affected by construction operations, in a neat and satisfactory condition. E. Restore or replace any public or private property damaged by construction work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of the operations. To this end, the CONTRACTOR shall restore all highway, roadside, and landscaping work within any right-of-way, platted or prescriptive. Acceptable materials, equipment,and methods shall be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new - appearing condition. 01710 Site Cleanup 01710-1 R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Drto 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\01710 - Site Cleanup.doc 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. Keep the amount of dust produced during construction activities to a minimum. At CONTRACTOR's expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, ENGINEER and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. + + END OF SECTION + + 01710 Site Cleanup 01710-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_ 1503_ BID_ CONTRACT_ Add Date\01710 - Site Cleanup.doc SECTION 01820 Post Final Inspection 1.1 GENERAL A. Approximately one year after Final Completion, the OWNER will make arrangements with the Construction Coordination Manager and the CONTRACTOR for a post final inspection and will send a written notice to said parties to. inform them of the date and time of the inspection. B. Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13, General Conditions. C. After the inspection, the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds. 001820 - Post Final Inspection rev 05-13 001820-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\001820 - Post Final Inspection rev 05-13.doc F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Drto 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08.doc DIVISION 2 TECHNICAL PROVISIONS SECTION NO. 001 Technical Specifications SECTION NO. 004 Scope of Work SECTION NO. 101 Mobilization SECTION NO. 102 Maintenance of Traffic SECTION NO. 104 Prevention, Control, and Abatement of Erosion and Water Pollution SECTION NO. 110 Clearing and Grubbing SECTION NO. 120 Earthwork and Related Operations for LAP (Off -System) SECTION NO. 121 Flowable Fill SECTION NO. 286 Turnout Construction SECTION NO. 334 Superpave Asphalt for LAP (Off -System) SECTION NO. 344 Concrete for LAP (Off -System) SECTION NO. 400 Concrete Structures SECTION NO. 425 Inlets, Manholes, and Junction Boxes SECTION NO. 430 Pipe Culverts SECTION NO. 515 Metal Pedestrian/Bicycle Railings, Guiderails, and Handrails SECTION NO. 522 Concrete Sidewalk and Driveways SECTION NO. 527 Detectable Warnings SECTION NO. 570 Performance Turf SECTION NO. 580 Landscape Installation for LAP (Off -System) SECTION NO. 700 Highway Signing SECTION NO. 711 Thermoplastic Pavement Markings SECTION NO. 999 Record Drawings/As-Built Drawings SECTION NO. 1000 Water and Sewer Utilities F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Drto 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\DIVISION 2 TECHNICAL PROVISIONS Table of Contents REVISED 10-2-08.doc DIVISION 2 TECHNICAL PROVISIONS SECTION 001- 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 2017, 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 shall conform to the applicable technical specifications of the "Indian River County Department of Utility Services, Water, Wastewater, and Reclaimed Water Utility Construction Standards" March, 2018 or the current version. The work to be performed per line items 0700 through 0711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings, Signing & Geometrics Revised March 2012. SECTION 004 - 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, except as modified herein. A. The Contractor shall maintain all grassed and landscaped areas within the project limits in a satisfactory condition until final acceptance of the project. Such 01025-1 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc maintenance within the limits of construction shall include the mowing of all existing grassed areas within the Right -of -Way, removal of all trash and debris on a weekly basis, and keeping vegetation trimmed on all sidewalks. Grass height shall not exceed 6" without mowing. Clippings shall be removed from sidewalk. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 101-1 - Mobilization - Per Lump Sum SECTION 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, except as modified herein. A. GENERAL PROVISIONS -DESCRIPTION: The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. It shall include the construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences, businesses, etc., along the project; the furnishing, installing and maintaining of traffic control and safety devices during construction, the control of dust through the use of calcium chloride if necessary, and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans. The term,. Maintenance of Traffic, as used herein, shall include all of such facilities, devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section. B. BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall present his Maintenance of Traffic Plan at the pre -construction conference. The Maintenance of Traffic Plan shall indicate the type and location of all signs, lights, barricades, striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen. The plan will indicate conditions and setups for each phase of the Contractor's activities. When the project plans include or specify a specific Maintenance of Traffic Plan, alternate proposals will be considered when they are found to be equal to or better than the plan specified. In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. 01025-2 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic. The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at nighttime, of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design Construction, Maintenance and Utility Operations On The State Highway System, Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers or other safety devices will be required where unusual, complex or particularly hazardous conditions exist. The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (MUTCD). D. TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS - INSTALLATION: The responsibility for installation and maintenance of adequate traffic control devices, warning devices and barriers, for the protection of the travel in public and workmen, as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove, turn or cover any devices or barriers which do not apply to existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. E. NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F. 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 43rd Avenue 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 C. 01025-3 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 102-1 - Maintenance of Traffic - Per Lump Sum SECTION 104 - PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION PART 1 —GENERAL 1.1 SCOPE A. This. Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area. Pollution control measures shall prevent polluted or turbid waters from being discharged from the construction site or work area to undeveloped portions of the site or offsite, including but not limited to Multiple Separate Storm Sewer Systems (MS4s) and Waters of the State. B. The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense. The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area. Note that state regulations do not allow mixing stormwater and dewatering groundwater in the same release — separate and independent discharges are required. C. Pollution control measures specified herein represent minimum .standards to be adhered to by the CONTRACTOR throughout the Project's construction. The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures, when in the sole opinion of the OWNER, they are warranted. If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution, beyond those specified in the Drawings, the Project's approved Stormwater Pollution Prevention Plan (SWPPP), or herein, implement additional best management practices as necessary, in accordance with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual and other references as may be applicable or required by regulatory permits. D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section. Alternatively, the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section. If the OWNER halts the CONTRACTOR's Work as a result of failure to comply with this Section, the Contract time clock will continue to run. 01025-4 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc E. In addition to these Specifications, comply with Chapter 4 - "Best Management Practices for Erosion and Sedimentation Control" and Chapter 5 — "Best Management Practices for Dewatering" of the Florida Erosion and Sediment Control Inspector's Manual. In the event of a conflict between the referenced chapters and these Specifications, the more stringent requirement shall prevail. F. Submit to SJRWMD a "Notice to District of Dewatering Activity" (SJRWMD Form No. 40C-2.900(12)) prior to commencement of dewatering in accordance with F.A.C. 40C-2.042(9). Provide a copy of the Notice to Indian River County. 1.2 PERMITS A. The OWNER has obtained certain permits for this project and they are listed in paragraph 6.08.13 of the EJCDC Standard General Conditions of the Construction Contract (General Conditions). Per paragraph 6.08.0 of the General Conditions, apply for and obtain all other required federal, state, and local permits, licenses, sampling, and tests. B. Provide copies of all approved permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER. If there is a conflict between any permit requirement and these Specifications or requirements between permits, the more stringent specification or requirement shall govern. C. Pay for all required water quality sampling and laboratory tests. 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans, permits, and these Specifications; and the installed system has been examined by the OWNER for compliance. B. From time to time, the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER. If at any time, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of the project down that is not in compliance, and it shall remain shut -down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and treatment system plans, specifications, contract documents, and permits. C. Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. In addition to other temporary erosion control measures that may be implemented, application of 01025-5 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc polyacrylamide is re uired on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased, unless final landscaping has been installed. Polyacrylamide application shall be as specified herein. Include polyacrylamide application in the Project's SWPPP. D. Inspect each pollution control system at least once per day and after each rainfall event. Clean and maintain each pollution control system as required until the system is no longer needed. If a water quality violation occurs, immediately cease all work contributing to the water quality violation and correct the problem. Immediately report all water quality violations to the OWNER. Immediately report the discharge of any hazardous substance to the State Warning Point at 800-320- 0519 or 850-413-9911. E. Discharge shall not violate State or local water quality standards in receiving waters, nor cause injury to the public health or to public or private property, nor to the Work completed or in progress. The receiving point for water from construction operations shall be approved by the applicable owner, regulatory agency, and the ENGINEER. The receiving point shall be shown on the Project SWPPP. F. Promptly repair all damage at no cost to the OWNER. 1.4 SUBMITTALS A. Shop Drawings: Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340. B. Approved Stormwater Pollution Prevention Plan. C. "Contractor's Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From Construction Activities" 1.5 STORMWATER TREATMENT AND EROSION CONTROL SYSTEM RESPONSIBILITY A. Prepare a site-specific design of the erosion and stormwater pollution control system. Install and maintain all erosion and stormwater pollution control devices under the supervision of a State Certified Stormwater, Erosion, and Sedimentation Control Inspector. Maintain the erosion and stormwater pollution control devices until in the ENGINEER's sole opinion, the devices are no longer necessary (such time not to extend past the date the OWNER formally accepts the project as complete). Before beginning construction, submit to Indian River County, Florida Department of Environmental Protection (FDEP) and other applicable regulatory agencies for review and approval, a Stormwater Pollution Prevention Plan (SWPPP), prepared by the -certified erosion control subcontractor. Construction shall not begin until the SWPPP has been approved by Indian River County, FDEP, and all applicable regulatory agencies. Submit the approved SWPPP to the ENGINEER before beginning construction. Include in the SWPPP, the "Contractor's 01025-6 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From Construction Activities" (located at the end of this Section). 1.6 "POLLUTION" AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. With respect to this Section and as may be further defined in paragraphs 1.6.13, 1.6.C, and 1.6.D, "pollution" is the presence in off-site waters of any substances, contaminants, or manmade or human -induced impairment of off-site waters or alteration of the chemical, physical, biological, or radiological integrity of off-site water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property. Pollutants to be removed include but are not limited to, sediment and suspended solids, solid and sanitary wastes, phosphorus, nitrogen, pesticides, oil and grease, concrete truck washout, stucco mixer washout, curb machine washout, washout from other construction equipment, construction chemicals, and construction debris. B. When the Discharge is Directly Into an Existing Water Bodv An existing water body (including ditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time, the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s).is at least 29 nephelometric turbidity units (NTUs) higher than the turbidity of the background water upstream of the discharge point(s). [See Fla. Administrative Code 62-302.530] Exception: When the discharge is directly into or through an outfall discharging into "Outstanding Florida Waters," designated by Florida Statute 403.061(27), the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water. The ENGINEER or OWNER shall determine the locations where the turbidity is measured. C. When the Discharge is not Directly Into an Existing Water Bodv In some instances, dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such as by overland flow. If the discharge water's TSS and turbidity measurements exceed pre -construction background values by 20 percent for TSS and 29 NTUs for turbidity, then the discharge is defined to be polluted. D. When Pollution Always Occurs The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6.5 or greater than 8.5, or whenever any of the following is present in the discharge water: (1) Hazardous waste or hazardous materials in any quantity, (2) Any petroleum product or by-product in any quantity, (3) Any chemical in any quantity, or (4) Concentrated pollutants. E. Above paragraphs 1.6.13, 1.6.C, and 1.6.D do not in any way, limit the types of conditions in which pollution may be determined to occur. 01025-7 Technical Specifications R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 1.7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A. In addition to the OWNER's specific remedies, if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site, the OWNER may report the violations to Indian River County Stormwater Enforcement, SJRWMD, FDEP, Indian River Farms Water Control District (or other F. S. Chapter 298 Drainage District, as appropriate), and other pertinent regulatory or enforcement agencies. PART 2 - MATERIALS AND INSTALLATION 2.1 GENERAL A. Polvacrylamide: 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, work shall conform to Section 104 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. 3. Product: All material shall be new and unused. Use FDOT Types III through IV silt fences where large sediment loads are anticipated, where slopes are 1:2 (vertical: horizontal) or steeper, or as directed by the ENGINEER; otherwise use FDOT Type II silt fence. C. Turbidity Barriers: 1. General: Use turbidity barriers to control sediment contamination of rivers, lakes, ponds, canals, etc. 2. Installation: Install perthe manufacturer's recommendations and per Section 104 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction unless directed otherwise by the ENGINEER. 3. Product: All material shall be new and unused. The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow. Use staked turbidity barriers in water less than one -foot deep. Use floating turbidity barriers in water one -foot or deeper. 01025-8 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\13ids\I3id Documents\Master Contract Documents\Technical Specifications.doc D. Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags: 1. Filter bags shall be manufactured using a polypropylene non -woven geotextile and sewn by a double -needle machine, using a high strength nylon thread. The bag shall have a fill spout large enough to accommodate a 4 - inch pump discharge hose. Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many filter bags as required, at no additional cost to the OWNER. Legally dispose of the bags offsite, at no cost to the OWNER. If the bags are placed on aggregate to facilitate filtration efficiency, do not use limerock aggregate — use non -calcareous rock. 3. Product: The filter bag shall be supplied with lifting straps. a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental, Inc. (1-800-448-3636). b. "DANDY DEWATERING BAG" supplied by Dandy Products, Inc. (1- 800-591-2284). C. Or equivalent. E. Curb Inlet. Protection: 1. Filter stormwater before it enters curb inlets. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall`be new and unused. The length of the curb inlet filtration device shall be at least 2 -feet longer than the curb inlet opening. a. "GUTTERBUDDY," supplied by ACF Environmental, Inc. (1-800-448- 3636). b. Or equivalent. F. Catch Basin Protection: 1. Filter stormwater before it enters catch basins (drop inlets). The filter "sack" shall be manufactured from woven polypropylene geotextile and sewn by a double -needle machine, using a high strength nylon thread. The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features: two dump straps attached at the bottom to facilitate emptying; lifting loops as an integral part of the system to be used to lift the sack from the basin; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls. The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. a. "SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1- 800-448-3636). - b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579- 8819). 01025-9 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc C. Or equivalent. G. Construction Site Egress Driveways: Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels. Construct a crushed rock driving surface at the vehicle exit point(s). Locate the site egress driveways a minimum of 25 feet from all drainage inlets or pipes. Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area. Provide wash -down stations as required to wash Vehicle tires and retain all washwater on-site. Do not use limerock. H. Rock and Stone for Erosion Control and Pollution Control and Treatment: 1. Crushed Limerock: Limerock shall not be used under any circumstance. 2. Acceptable Material: FDOT #4 non -calcareous aggregate, washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction, Section 901. Hay Bales: Hay bales shall not be used. PART 3 - EXECUTION A. Design, construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities. B. Apply polyacrylamide in strict accordance with the polyacrylamide manufacturer/supplier's recommendations and specifications. C. REPAIR ALL EROSION DAMAGE — At no additional cost to the OWNER and regardless of the state of completion of the Work, immediately clean all dirt and debris from all pipes and drainage structures; and repair all flooding, washouts, and all other erosion damage to the Work. This responsibility shall not end until Final Acceptance of the Work by the OWNER. Included is damage caused by erosion of any kind (e.g. wind, waves, stormwater runoff, hurricanes, etc.) including.Acts of God. Restore all erosion damaged areas to design grades and elevations. Also, refer to General Conditions 6.13.B. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 104-1 - Prevention, Control, and Abatement of Erosion and Water Pollution - Per Lump Sum [The remainder of this page was left blank intentionally] 01025-10 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc PERMITTEE'S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to Indian River County for the following project: 43RD AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41 ST STREET, VERO BEACH, FLORIDA 32960 & 32967 STATE OF _ COUNTY OF Personally before me the undersigned authority, appeared administered, stated as follows: 1. This sworn statement is submitted by the PERMITTEE, whose business address is who upon oath duly - and (if applicable) its Federal Identification No.(FEIN) is 2. My name is and my relationship to the entity named above is (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) 3. Permittee understands and agrees that in addition to complying with the terms and conditions of the Stormwater Management System Permit issued by Indian River County, Permittee is responsible for complying with the terms and conditions of the following as applicable to the site: (a) State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger), (b) Stormwater Pollution Prevention Plan (regardless of project size), (c) St. Johns River Water Management District permit(s) (regardless of project size), (d) Florida Department of Environmental Protection permit(s) (regardless of project size), (e) All other permits required for this project not specifically listed herein, and (f) All Codes and Ordinances of Indian River County. 4. Permittee understands and agrees that "pollution" as defined by Florida Statutes Chapter 403.031(7) includes: "... the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human -induced impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be 01025-11 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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. Permittee 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. Permittee understands that Indian River County requires the design, installation, and maintenance of proper erosion control measures at all times during construction until complete stabilization is achieved at the project site. Permittee understands that this requirement is for this project regardless of the project size. 7. Permittee 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. Permittee understands that it may be liable for these and other penalties if offsite pollution occurs as a result of activities associated with the Project. 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one (21) days of any transfer of ownership or control of the real property at which the permitted activity, facility, or system is located or authorized, the Permittee shall notify in writing, both the Indian River County Engineering Division and the Indian River County Stormwater Division of the transfer. Permittee shall provide the name, mailing address, and telephone number of the transferee and a copy of the instrument effectuating the transfer. Said notification is in addition to notifying the County Attorney's Office as required by County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Permittee must provide (1) the information required in Item 8(a); (2) a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit; and (3) a new "Permittee's Affidavit" form properly executed by the transferee. Upon proper receipt of these items the County shall transfer the permit to the transferee. (c) Permittee is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility, system, or activity is located or authorized. However, the transfer shall not be effective prior to the sale or legal transfer. (d) An "Illicit Discharge Sign" must be present at the site at the time of transfer. Replacement or additional signs may be obtained from the Indian River County Public Works Department at a cost of $30.00 per sign. [The remainder of this page was left blank intentionally] 01025-12 Technical Specifications R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc Under penalty of perjury, Permittee declares that it has read the foregoing affidavit and the facts stated in it are true. Permittee: Authorized Signature: Printed Name: Date: Work Telephone: Mobile Telephone: Email Address: FURTHER AFFIANT SAYETH NAUGHT (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) The foregoing instrument was subscribed and sworn to before me this day of , 20_ by who is personally known to me or has produced identification and who did take oath. My Commission expires: Notary Public State of Florida at Large +++ END OF SECTION+++ 01025-13 . Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc as SECTION 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, except as modified herein. A. Prior to any clearing and grubbing, the contractor will stake the right-of-way. Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetation, rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected. Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade. No stumps, roots, or perishable matter of any description shall remain under concrete slabs or footing, including pavement and sidewalks. B. No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved, after a review of the project site with the Contractor's representative. C. Where the final pavement or structural work will be close to existing trees, the Contractor shall exercise care in the vicinity of the trees. Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization, structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots. If directed by the Engineer or where shown on the drawings, work shall be done by hand in order to protect the trees. D. The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures. The Contractor shall not pull hair or major root structures. All severed roots shall be sawn clean and paint with pruning paint. Stumps, roots, etc., shall be completely removed and disposed of by the Contractor. Undesirable, dead, and/or damaged trees (as so designated by the Engineer) shall be removed. E. All trees to be removed shall be disposed off site; burning will be strictly prohibited. F. All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required, this work shall be done in cooperation with the Owner and at no additional expense to the Owner. G. All items to be removed shall be excavated to their full depth. All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County.free of charge. (See Paragraph C, Special Provisions) The Contractor shall transport the culverts to the County's storage yard. All metal castings for catch basins, manholes, or other structures shall be carefully 01025-14 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\13ids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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 forwork needed to remove, relocate, protect, or otherwise accountfor 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. The unit price bid for this item shall include the cost of all labor, tools, and equipment necessary to excavate, remove, and dispose of those items as directed by the Engineer and where designated on the Drawings. The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 110-1-1 - Clearing & Grubbing - Per Lump Sum 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. 01025-15 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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 bed of the stream, unless a firm footing can be established on solid rock 01025-16 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc before such depth is reached, and excavate to such additional depth as may be necessary to 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. 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 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 01025-17 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc channel or of side ditches. The Engineer will determine the limits adjacent to channels within which such materials may be disposed. 120-4.3 Disposal of Paving Materials: 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. 01025-18 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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 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 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. 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 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. 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 01025-19 Technical Specifications R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc plow or cut into steps the surface of the original ground on which the embankment is to be placed. 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 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 that the specified density can be attained. If necessary to attain the specified density, add water to 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 Engineerwill accept a minimum of 100% of the maximum density as determined by AASHTO T-99 Method C for all densities required under category 3. Except for embankments constructed by the 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 01025-20 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc than 12 inches (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 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 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 of Grassed Shoulder Areas: For the upper 6 inch layer of all shoulders which are to be grassed, since no specific density is required, compact only to 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 narrow widening strips or paved shoulders 5 feet or less in width. Where trenches for widening strips are not of sufficient width to permit the use of standard compaction equipment, perform compaction using vibratory rollers, trench 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 cross over 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. 01025-21 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Or to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.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 FDO.T 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 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 over the test section consisting of a lift of backfill from structure to structure. The Engineer will 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. Lowest Zone: The lowest zone is backfilled for deep undercuts up to within 4 inches of the bottom of the pipe. 01025-22 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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. 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 below the pipe haunch that cannot be reached by mechanical tampers. Meet the requirements of the density Acceptance 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 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 it's 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. 01025-23 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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 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. 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 requirements. 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; 6.2.4; 2) material placed outside the standard minimum slope as specified in 120- 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. 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. 01025-24 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\13ids\Bid Documents\Master 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. 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 pavement areas to avoid damage to such pavement. Complete grassing of shoulder areas 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. 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 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 01025-25 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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 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 - Per Cubic Yard SECTION 121 - FLOWABLE FILL The work specified in this item shall conform to Section 121 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. 121-70 - Flowable Fill - 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. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 286-1 - Turnout Construction / Driveway Base - Optional Materials - Per Square Yard SUPERPAVE ASPHALT FOR LAP (OFF -SYSTEM). (REV 1-26-15) (FA 1-29-15) SECTION 334 SUPERPAVE 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. 01025-26 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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. 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 - 2 12.5 Friction Mixes: Types FC -9.5 or FC- B 0.3 to <3 12.5 Structural Mixes: Types SP -9.5 or SP - 3 12.5 C >3 Friction Mixes: Types FC -9.5 or FC - 12.5 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: TypeSP -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 plan thickness, the plan thickness and individual layer thickness will be converted to spread rate using the following equation: Spread rate (lbs/yd2) = t x Gn,m x 43.3 where: t = Thickness (in.) (Plan thickness or individual layer thickness) G„m = 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: Type SP -9.5, FC -9.5 ............................................3/4 to 1-1/2 inches 01025-27 Technical Specifications R\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\13ids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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: 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 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 Oolitic limestone, other crushed materials (as approved by FDOT for friction 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 grants approval 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 01025-28 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc average asphalt binder content for the coarse portion of the RAP shall be 2.5% by 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. 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 not immediately taken, stop plant operations. 334-2.3.2 Material Characterization: Assume responsibility for establishing the asphalt binder content, gradation, and bulk specific gravity (Gsb) 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/warmmixasphalt/index. shtm. The Engineer will 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. 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. 01025-29 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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. Gyratory Table 334-3 Com action Requirements Traffic Level Ndesign 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, VIA, and dust -to -binder ratio as specified in AASHTO M323-12, Table 6. Ninitiat 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 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. 01025-30 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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 primed and all asphalt base materials are properly tacked, prior to paving. 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 high temperature designation >76'C 45 Any mixture > 1 inch containing a PG asphalt binder with a high temperature designation < 76°C 40 334-5.3 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 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 01025-31 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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 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 Base Course, Structural Course, Dense Graded Friction Course Newly Constructed Asphalt Layers 0.03 minimum Milled Surface or Oxidized and Cracked Pavement 0.06 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 other true 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. 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 01025-32 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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. 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. 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. 01025-33 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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. The Engineer may waive these requirements where offsetting is not feasible due to the sequence of construction. 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 Gm,,, 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. 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, 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 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. 01025-34 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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 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, utilize an Independent Laboratory as approved by the Engineer for the process control testing. 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 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. 334-6.3.1 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 -zoo) 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 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 produced, then a new Gram 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 f 0.55 Passing No. 8 Sieve(percent) Target ± 6.00 Passing No. 200 Sieve(percent) Target f 2.00 01025-35 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc Roadway Density (daily average) Minimum 90.0% of Gram 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-8 and P-200) 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. 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. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 334-1-13 - Superpave Asphaltic Conc, Traffic C, (PG 76-22, with Polymer) (SP 12.5, 2 Lifts of 1.5") - Per Ton 01025-36 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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 Work 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. 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. 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 Class F ASTM C 618 Not to be used with Types IP or IS cements. 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 01025-37 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS,\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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 Class Minimum Strength (28 day) (psi) Target Slump (inches) Target Range (inches) Air Content Range (/o) Minimum Total Cementitious Materials Content (lb/d3 Maximum Water to Cementitious Material Ratio lb/lb Catego1 Class NS 2,500 N/A N/A N/A N/A N/A Catego 3 I 3,000 3 t 1.5 1.0 to 6.0 470 0.53 I (Pavement) 3,000 2 f 1.5 1.0 to 6.0 470 0.50 II 3,400 3 f 1.5 1.0 to 6.0 470 0.53 II (Bridge Deck 4,500 3 t 1.5 1.0 to 6.0 611 0.44 III 5,000 3 t 1.5 1.0 to 6.0 611 0.44 III Seal 3,000 8 f 1.5 1.0 to 6.0 611 0.53 IV 5,500 3 t 1.5 1.0 to 6.0 658 0.41 IV (Drilled Shaft 4)000 8.5 f 1.5 0.0 to 6.0 658 0.41 V (Special) 6,000 3 f 1.5 1.0 to 6.0 752 0.37 V 6,500 3 t 1.5 1.0 to 6.0 752 0.37 VI 8,500 3 f 1.5 1.0 to 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. 01025-38 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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 45°F. 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 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. 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 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. 01025-39 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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. 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. SECTION 400 - CONCRETE STRUCTURES The work specified in this item shall conform to Section 400 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. 400-1-2 - Concrete Class I, Endwalls - Per Cubic Yard 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. 01025-40 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 425-1521 - Inlets, Dt Bot, Type C, <10'- Per Each Bid Item No. 425-1551 - Inlets, Dt Bot, Type E, <10'- Per Each SECTION 430 - PIPE CULVERTS The work specified in this section 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. 430-175115 - Pipe Culvert, Optional Material, Round, 15" S/CD (RCP) - Per Linear Foot Bid Item No. 430-175124 - Pipe Culvert, Optional Material, Round, 24" S/CD (RCP) - Per Linear Foot Bid Item No. 430-175136 - Pipe Culvert, Optional Material, Round, 36" S/CD (RCP) - Per Linear Foot Bid Item No. 430-984625 - Mitered End Sect, Optional - Elliptical / Arch, 18" 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. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 515-2311 - Pedestrian/Bicycle Railing, Aluminum Only, 42" Type 1 - Per Linear Foot SECTION 522 CONCRETE SIDEWALK AND DRIVEWAYS The work specified in this section shall conform to Section 522 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. 522-2 - Concrete Sidewalk and Driveways, 6" Thick, (Fiber - Reinforced) - Per Square Yard 01025-41 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc SECTION 527 -DETECTABLE WARNINGS The work specified in this section shall conform to Section 527 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. 527-2 - Detectable Warnings - Per Square Foot SECTION 570 - PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. A. Description: Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer. This work shall also include mowing, to be mowed at maximum 6" height with a mulching mower. B. Work Included: Scope of Work: The work specified in this section consists of the establishing of a stand of grass, within the project, right-of-way, easements, and other areas indicated on the Drawings, by furnishing and placing grass sod. Also included are fertilizing, watering and maintenance as required to assure a healthy stand of grass. Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed". C. Guarantee: All sodded areas shall be guaranteed for one year after date of final acceptance. Replacement of Defective Sod: Any dead sod or sod showing (less than 95% of a square) indication of probable non -survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months. All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks. D. Fertilizer: Commercial fertilizers shall comply with the Indian River County Fertilizer Ordinance 2013-012 and Supplement Ordinance 2013-014 (see Appendix B). E. Water for Grassing: Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570-3.6. F. Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. 01025-42 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1 %2" 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. 1. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). J. Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be.developing satisfactorily. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowing. 01025-43 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc Clippings shall be removed from sidewalk. K. Article 570-9. The first two paragraphs under this Article are deleted and the following is added: The contract unit price for performance turf shall include the costs of sod, fertilizer (2 applications), sidewalk sweeping after mowing, mowing, pegging disposal of Clippings, water, tools, equipment, labor and all other incidentals necessary. Item of Payment Payment for the work specified in this item 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) 8-13.1 580-1 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 any unanticipated effects which might become apparent after the substantial completion of other phases of the project, or for other causes. 8-13.2 580-2 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. 01025-44 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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. 8-13.3 580-3 Specific'Requirements for the Various Plant Designations. 580-3.1 Balled-and-Burlapped 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 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.. 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 of delivery to the site. 01025-45 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\13id Documents\Master Contract Documents\Technical Specifications.doc Move cabal 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. 8-13.4 580-4 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 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. 8-13.5 580-5 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 other flexible 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 3 1/2 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 01025-46 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\13ids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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. 8-13.6 580-6 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. 8-13.7 580-7 Pruning. 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. 8-13.8 580-8 Mulching. Uniformly apply mulch material, consisting of wood chips (no Cypress Mulch is allowed), pine straw, compost, or other suitable material approved by the Engineer, to a 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. . 8-13.9 580-9 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 entire area and leave it in neat condition. 8-13.10 580-10 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 at the time of acceptance. 8-13.11580-11 Plant Establishment 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. 01025-47 Technical Specifications F \Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 8-13.12 580-12 Method of Measurement. The quantities to be paid for will be the items shown in the plans, completed and accepted. 8-13.13 580-13 Basis of Payment. Prices and payments will be full compensation for all work specified in this Section. SECTION 700 - HIGHWAY SIGNING A. Signing for traffic control shall conform to the requirements of the Standard Specifications, Manual on Uniform Traffic Control Devices, Supplemental Specifications, Roadway and Traffic Design Standards, manufacturer's specifications. B. Traffic Signs: All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits. Care shall be exercised by the Contractor during removal, storage and relocation so as not to damage the signs. If any damage occurs, as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced bythe Contractorwith no compensation. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 700-1-50 - Single Post Sign, Relocate - Per Assembly Bid Item No. 700-1-60 - Single Post Sign, Remove - Per Assembly 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. 711-11123 - Thermoplastic, Standard, White, Solid, 12" for Crosswalk and Roundabout - Per Linear Foot Bid Item No. 711-11125 - Thermoplastic, Standard, White, Solid, 24" for Stop Line and Crosswalk - Per Linear Foot [The remainder of this page was left blank intentionally] 01025-48 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc SECTION 999 - RECORD DRAWINGS/AS-BUILT DRAWINGS GENERAL Maintain, prepare and provide the ENGINEER with record documents as specified below, except where otherwise specified or modified within the scope of work provided in the specific project contract documents. The Contractor and/or Developer shall be responsible for, and required to provide, Record Drawings as outlined in this section. MAINTENANCE OF RECORD DOCUMENTS: 1. Maintain in CONTRACTOR's field office in clean, dry, legible condition complete sets of the following project documents: Drawings, Specifications, Addenda, approved Shop Drawings, samples, photographs, Change Orders, other modifications of Contract Documents, test records, survey data, Field Orders, and all other documents pertinent to CONTRACTOR'S Work. 2. Provide files and racks for proper storage and easy access. 3. Make documents available at all times for inspection by ENGINEER and OWNER. 4. Do not use record documents for any other purpose and do not remove them from the field office. 5. Label each document "RECORD DRAWING" in 2 -inch high printed letters. 6. Keep record documents current at all times. 7. No work shall be permanently concealed until the required record data has been obtained. RECORD / AS -BUILT DRAWINGS A. During the construction operation, the CONTRACTOR shall maintain records of all deviations from the approved Project Plans and Specifications and shall prepare therefrom "RECORD" drawings showing correctly and accurately all changes and deviations from the work made during construction to reflect the work as it was actually constructed. B. The Record/As-Built survey shall be performed and subsequent plans prepared by a Professional Surveyor and Mapper, registered in the state of Florida and certified to the standards set forth in Chapter 472, Florida Statutes and Chapter 5J-17.050 Florida Administrative Code (Florida Minimum Technical Standards). C. Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. Clearly shown by symbols, notations, or delineations, those constructed improvements located by the survey. D. All vertical information (elevations) provided on the Record Drawings shall be referenced to the North American Vertical Datum of 1988 (NAVD 88) unless otherwise specified by the Project Engineer. 01025-49 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc E. The horizontal information provided on the Record Drawings shall be referenced to the State of Florida, State Plane Coordinate System, Florida East Zone as established by Global Positioning System (GPS) which meets or exceeds Third Order Class I Accuracy Standards according to current publication of the Federal Geodetic Control Committee (FGCC) procedures. F. All Record/As-Built drawings shall be prepared in digital format (ACAD Civil 3D 2013) and shall utilize the digital design drawings as prepared by the Prosect Engineer as a base for the Record/As-Built drawings It is the responsibility of the Surveyor to request these files from the Contractor or Project Owner in order to produce the Record/As-Built drawing set. G. ALL improvements proposed to be constructed as shown on the approved construction plans -shall be field measured upon completion and shown on the Record/As-Built survey. Any improvements that appear in both plan and profile views shall show the Record/As-Built information in both views. H. The following items are required to be shown on all Indian River County project Record/As-Built drawings submitted to the County: DRAINAGE: 1. Right-of-way Swale/Drainage — All culvert inverts, elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 2. Pipe Culvert/PVC Sleeves — All inverts, pipe size, stations and offsets. 3. Outfalls — All pipe inverts, pipe size, elevations and station offsets, weir box elevations, weir elevation, bleeder elevation and sizes. 4. Roadway/Off Site Drainage — All inverts, elevations and station offsets; manhole top elevation; grate top elevations. 5. Retention Ponds — Provide perimeter elevations, grade breaks, depths and calculated pond areas at control elevation and grade breaks above and below water surface. Show as -built of typical cross section as shown on design plan. ROADWAY: 1. Stations and offsets related to controlling baseline and elevations of all structures, side street and major driveway radius returns (edge of pavement), bends and/or change in direction of roadway alignment, minimum of 1000' intervals along roadway alignment. 2. Elevations along Profile Grade Line (PGL), of all edge of pavements on each side of Profile Grade Line (PGL), at medians at the high/low and PVI points along Profile Grade Line (PGL). 3. All final Elevations to be plotted on PGL AND Plan & Profile sheets as applicable. 4. Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets. 01025-50 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc WATER, FORCE, AND RECLAIMED WATER MAINS: 1. Show size and type of material used to construct mains. 2. Show horizontal location and elevation of all tees, crosses, bends, terminal ends, valves, fire hydrants, air release valves, and sampling points, etc., by distances from known reference points. 3. Show location, size and type of material of all sleeves and casing pipes. 4. Elevation and horizontal location of all storm sewers, gravity sewers including laterals, force mains, water. mains, etc. which are crossed; including clearance dimension at all conflicts or crossings. 5. Top of pipe elevation and horizontal location of all water and force main stub - outs. 6. Horizontal location of all services at the property lines. 7. Horizontal and vertical location of pipe including size of all mains and ground elevation shall be obtained at one -hundred (100) foot intervals. Contractor shall place temporary PVC stand pipes (tell -tales) at each of the one -hundred (100) foot intervals and at all fittings and conflicts/crossings to facilitate the record drawing survey. The tell-tale pipes shall be constructed of 2 -inch PVC pipe, shall be placed on the top of the pipes to be surveyed, and shall be removed by the Contractor after completion of the field survey by the "As - Built" Professional Surveyor. 8. Location of fire lines. 9. Dedicated easement locations, identified by O.R. Book and Page Number. GRAVITY SEWER: 1. Manholes: Elevation of top rim, bottom elevation and invert of each influent and effluent line. 2. Show distance between manholes center -to -center and horizontal location by baseline station and offset. 3. Show material size and type used to construct sewer mains. 4. Show length (center of manhole to end of stub) distances from known reference points or baseline offsets, and elevation of stub -outs. 5. Show which services have twenty (20) foot length of DIP at water main crossings. 6. Show station and offset location of sanitary services at property line. Particular care in dimensioning needed in special situations, i.e., cul-de-sacs and locations where services are not perpendicular to wye. 7. Show invert elevation of sanitary service at property line. 8. Any and all necessary dedicated easement locations, identified by O.R. Book and Page Number. PUMP / LIFT STATION: Record Drawings shall show elevations for the top and bottom and diameter of wet well along with invert of effluent line. Record Drawings should also indicate the make, model number, horsepower, impeller and condition point of pumps selected and installed, shape of wet well, location of control panel, location of pump out 01025-51 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc connection, float level settings, any deviation from the plans, and serial number(s) of the pump(s). SURVEY CONTROL Install/re-establish: It shall be the contractor's responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472, Florida Statutes, to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction. 2. New roadway alignment control points (survey baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State plane coordinates and elevations for all control points. 3. If shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s), vertical control (bench marks), property corners destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s) shall be notified in writing of disturbance and re -establishments. RECORD/AS-BUILTS DRAWINGS FORMAT - SUBMITTAL A. ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As -Built (record) information. B. CONTRACTOR shall deliver seven (7) certified sets of Record/As-Builts with Electronic Drawing files prepared in AutoCAD Civil 3D 2013 AND PDF format or in current version as agreed by the ENGINEER. B. 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. C. All Record/As-Built drawings are subject to review and approval by County Surveyor. 01025-52 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid DocumentsWaster Contract Documents\Technical Specifications.doc ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. COMPLETION OF WORK Upon Substantial Completion of the Work, deliver Record Drawings/As-Built Drawings to ENGINEER. Final payment will not be made until satisfactory record documents are received and approved by ENGINEER. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 999-1 - As Built Survey (By Registered Surveyor) - Per Lump Sum [The remainder of this page was left blank intentionally] 01025-53 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc Board of Professional Surveyors and Mappers Record As -Built Survey Checklist Lic. Name Date: Project Name: 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET Project No.: IRC -1503 Chapter 61G17-6 Minimum Technical Standards F.A.C. 61G17-6.003 General Survey, Map, and Report Content Requirements ❑ (1) REGULATORY OBJECTIVE: The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective, surveyors and mappers must achieve the following minimum standards of accuracy, completeness, and quality: ❑ (a) Accuracy of survey measurements based on the type of survey and expected use. ❑ (b) Measurements made in accordance with the United States standard, feet or meters. ❑ (c) Records of measurements maintained for each survey (check field notes.) ❑ (d) Measurement and computation records dated. ❑ (e) Measurement and computation records substantiate the survey map. ❑ (f) Measurement and computation records support accuracy statement (closure calculations or redundant measurements, if applicable.) (2) Other More Stringent Requirements: ❑ (a) Met more stringent requirements set by federal, state, or local governmental agencies. (3) Other Standards and/or Requirements that Apply to All Surveys, Maps, and/or Survey Products: ❑ (a) REGULATORY OBJECTIVE: In order to avoid misuse of a survey and map, the surveyor and mapper must adequately communicate the survey results to the public through a map, report, or report with an attached map. (b) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective, surveyors and mappers must meet the following minimum standards of accuracy, completeness, and quality: ❑ (c) Type survey stated on map and report: As -Built Survey Boundary Survey Condominium Survey Construction Layout Survey Control Survey Hydrographic Survey Mean High Water Line Survey Quantity Survey Record Survey Specific or Special Purpose Survey 01025-54 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc Topographic Survey ❑ (d) Name, certificate of authorization number, and street and mailing address of the business entity on the map and report. ❑ (e) Name and license number of the surveyor and mapper in responsible charge. ❑ (f) Name, license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report. ❑ (g) Survey date (date of data acquisition.) ❑ (h) Revision date for any graphic revisions (when survey date does not change.) ❑ (i) Map and report statement "Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper." ❑ Q) Insurance statement in 1/4" high letters "The survey depicted here is not covered by professional liability insurance" if there is no professional liability insurance. ❑ (k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. ❑ (1) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise. ❑ (m) Bearings, distances, coordinates, and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise. ❑ (n) Bearing reference (well established and monumented line) ❑ (o) A designated "north arrow" ❑ (p) Stated scale or graphic scale ❑ (q) Abbreviations in legend or notes. O (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 01025-55 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc 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. U. (c) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s) upon which the survey is based. ❑ (d) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum. (2) Horizontal Feature Accuracy: ❑ (a) Horizontal Control: All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based. ❑ (b) Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum. ❑ (c) The accuracy of control survey data shall be verified by redundant measurements or traverse closures. All control measurements shall achieve the following closures: Commercial/High Risk Linear: 1 foot in 10,000 feet; Suburban: Linear: 1 foot in 7,500 feet; Rural: Linear: 1 foot in 5,000 feet; ❑ (d) When statistical procedures are used to calculate survey accuracies, the maximum acceptable positional tolerance, based on the 95% confidence level, should meet the same equivalent relative distance standards as set forth in 61G17- 6.003(3)(p)(2.)(c) F.A.C. ❑ (e) Intended Display Scale: All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: "This map.is intended to be displayed at a scale of 1/_ or smaller". 61G17-6.004 Specific Survey, Map, and Report Requirements (1) As-Built/Record Survey: ❑ (a) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. ❑ (b) Clearly shows by symbols, notations, or delineations, those constructed improvements located by the survey. ❑ (c) All maps prepared shall meet applicable minimum technical standards. 01025-56 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc ❑ (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. Master SECTION 1000 - WATER AND SEWER UTILITIES The work to be performed for utility work shall conform to the applicable technical specifications of the "Indian River County Department of Utility Services, Water, Wastewater, and Reclaimed Water Utility Construction Standards" March, 2018 or the current version. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 1644800 - Fire Hydrant, Relocate - Per Each (END OF SECTION) 01025-58 Technical Specifications F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\Master Contract Documents\Technical Specifications.doc APPENDIX A PERMITS St. Johns River Water Management District — General Permit No. 155718-1 Appendix A -Permits F:\Public Works\ENGINEERING DIVISION PROJECTS\I503=43rd Ave Swk_Airport Dr to 41 st St\I-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\APPENDIX A - Permits.doc ,fit. .�Johns River Water Management District Ann B: 5hortelle; Ph.D., Executive Director 4049 Reid Street - P.O. Box 1429 - Palatka, FL 32178-1429 - 386-329-4500 On the internet at www.sjrwmd.com. November 20, 2018 William Johnson Indian River County 1801 27th St Vero Beach, FL 32960-3388 SUBJECT: General Permit 155718-1 Dear Sir: RECEIVED NOV 20, 2018 INDIAN RIVER COUNTY ENGINEERING DIVISION 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 62-330.447, 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 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 compliancesuaportPsirwmd.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 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. GOVERNING BOARD John A. Miklos, CHAIRMAN Fred N. Roberts Jr., VICE CHAIRMAN Chuck Drake, SECRETARY Ron HOWSe; TREASURER ORLANDO OCALA ORLANDO COCOA Douglas C. Boumique Douglas Burnett Susan Dolan Janet Price Allan Roberts VERO BEACH ST.AUGUSTINE SANFORD FERNANDINA BEACH STAUOUSnNE Sincerely, Michelle Reiber, Bureau Chief Regulatory Services Enclosures: Notice of Rights List of Newspapers for Publication cc: District Permit File ST. JOHNS RIVER WATER MANAGEMENT DISTRICT GENERAL ENVIRONMENTAL RESOURCE PERMIT PERMIT NO: 155718-1 DATE ISSUED: November 20, 2018 PROJECT NAME: 43rd Avenue Sidewalk Improvements A PERMIT AUTHORIZING: Use of the General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities within Existing Rights -of -Way or Easements for the construction of 4565 LF of 8 -foot wide concrete sidewalk on 43rd Ave. between 41st Street and Airport Drive to be constructed as per plans received by the District on November 2, 2018. LOCATION: Section(s): 27 28,33 Indian River County Receivinq Water Bod Township(s): 33S Range(s): 39E 32S 39E In ian River Lagoon 1111 Fresh. IW ISSUED TO: Indian River County 1801 27th St Vero Beach, FL 32960-3388 The District received your notice to use a General Environmental Resource Permit pursuant to 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 Services By: Fariborz Zanganeh Supervising Professional Engineer "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 155718-1 43rd Avenue Sidewalk Improvements DATED November 20, 2018 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. The 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; and it does not authorize any violation of any other applicable federal, state, local, or special district laws (including, but not limited to, those governing the "take" of listed species). 3. The 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, the title to which is vested in the Board of Trustees of the Internal Improvement 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. The general permit is not transferable to a third party. To be used by a different permittee, a new notice to use a general permit must be submitted in accordance with Rule 62- 330.402, F.A.C. Activities constructed in accordance with the terms and conditions of a general permit are automatically authorized to be operated and maintained by the permittee and subsequent owners in accordance with subsection 62-330.340(1), F.A.C. Any person holding the general permit, persons working under the general permit, and owners of land while work is conducted under 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 general permit. 9. The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and authorized in the general permit. 10. A permittee's right to conduct a specific activity under the 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, 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 https://www.flruIes.org/Gateway/reference.asp?No=Ref-04227, and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), available at http://publicfiles.dep.state.fl.us/DEAR/Stormwater_Training_Docs/erosion-inspectors- manual.pdf. 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 as soon as practicable after equipment has completed passage through, or work has been completed, at any location along the alignment of the project, but in no case longer than seven days after equipment has completed work or passage through that location; 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 manner that prevents 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 the 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; or 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. 16. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850) 245-6333, as well as the appropriate permitting agency office. Project activities 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 the proper authorities notified in accordance with Section 872.05, F.S. 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: (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 shut down 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 from any and all damages, claims, 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 II 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 A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, Fl_ 32177) or by e-mail with the District Clerk at Clerk(c_�sirwmd.com, within twenty-six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below. 2. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely -filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties' written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each parry shall be responsible for paying its pro -rata share of the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a 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. 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 8:00a.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 sirwmd.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 party 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.DOC.001 Revised 12.7.11 Notice of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the permittee: William Johnson Indian River County 1801 27th St Vero Beach, FL 32960-3388 This 20th day of November, 2018. 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: 155718-1 NOTICING INFORMATION Dear Permittee: Please be advised that the St. Johns River Water Management District will not publish a notice in the newspaper advising the public that it has issued a permit for this project. Newspaper publication, using the District's notice form, notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication, then there is a 21 -day time limit for someone to file a petition for an administrative hearing to challenge the issuance of the permit. To close the point of entry for filing a petition, you may publish (at your own expense) a one- time notice of the District's decision in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes.If you do not publish a newspaper notice to close the point of entry, the time to challenge the issuance of your permit will not expire and someone could file a petition even after your project is constructed. A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published, the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by emailing it to compliancesupport@sjrwmd.com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Office Director Office of Business and Administrative Services 4049 Reid Street Palatka, FL 32177 If you have any questions, please contact the Office of Business and Administrative Services at (386) 329-4570. Sincerely, Margaret Daniels, Office Director Office of Business and Administrative Services NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on (Name and address of applicant) permit# The project is located in County, Section Township South, Range East. The permit authorizes a surface water management system on acres for known as The receiving water body is A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections ..120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available and choosing mediation does not affect your right to an administrative hearing. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8 a.m. — 5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28- 101.001, Florida Administrative Code), which is available for viewing at www.sjrwmd.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://www.sjrwmd.com/nor_dec/ to read the complete Notice of Rights to determine any legal rights you may have concerning the District's decision(s) on the permit application(s) described above. You can also request the Notice of Rights by contacting the Director of Business and Administrative Services, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329-4570. NEWSPAPER ADVERTISING ALACHUA The Alachua County Record, Legal Advertising P. O. Box 806 Gainesville, FL 32602 352-377-2444/ fax 352-338-1986 BRADFORD Bradford County Telegraph, Legal Advertising P. O. Drawer A Starke, FL 32901 904-964-6305/ fax 904-964-8628 CLAY Clay Today, Legal Advertising 1560 Kinsley Ave., Suite 1 Orange Park, FL 32073 904-264-3200/ fax 904-264-3285 FLAGLER Flagler Tribune, c/o News Journal P. O. Box 2831 Daytona Beach, FL 32120-2831 386- 681-2322 LAKE Daily Commercial, Legal Advertising P. O. 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Box 2831 Daytona Beach, FL 32120-2831 (386) 681-2322 APPENDIX B Indian River County Fertilizer Ordinances Appendix B -IRC Fertilizer Ordinances F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT Add Date\APPENDIX B - FERTILIZER ORDINANCES (title sheet).doc ORDINANCE NO. 2013 - 012 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 31.6, 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, CODIFICA'T'ION; DIRECTING COUNTY ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WEBSITE, AND AN EFFECTIVE DATE. WHEREAS, as a result of impairment to Indian River County's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or canals within the boundaries of Indian River County, the Board of County Commissioners has determined that the use of fertilizers on lands within Indian River County creates a risk of contributing to adverse effects on surface and/or ground water; and WHEREAS, in order to address this risk, the Board of County Commissioners has determined that it is not only critical to adopt the Florida Department of Environmental Protection's Model Ordinance for Florida -Friendly Use of Fertilizer on Urban Landscapes, but that as part of Indian River County's science -based, and economically and technically feasible, comprehensive program to address nonpoint sources of nutrient pollution, additional and more stringent standards are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to the surface and/or ground water of Indian River County; and WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; and specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of Indian River County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality, F.lArornrylLlr3o1GENERALtReio7uGanrd O.d'nmros umse �fih'+erLkladelFuSlfxrDrtfma�-2013 (Fimaf3lAcgr+u ZU}Co¢ Page 1 of 9 f9 ORDINANCE NO. 2013 - 012 . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment_Autbority. Article V1II, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home dile 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. Findines. 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 C6Code"), Chapter 316 of the Code is hereby adopted, as follows {new language is indicated by underline Section 316.1. Title. This chanter shall be known as the "Indian River County Fertilizer "and Landscape Management Ordinance." Section 316.2. Defmitions. For the purposes of this chapter, the following terms shall have the followia meanings: "Administrator" shall mean the County Administrator, or an administrative official of the County designated by the County Administrator to administer and enforce the provisions of this chapter "Application" or "apply" shall mean the actual physical deposit of -fertilizer to turf or landscape plants. "Applicator" shall mean any Person who gp lies fertilizer on turf and/or landscape plants in Indian River Count . "Board" shall mean the Indian River County Board of County Commissioners "Best Management Practices" shall mean turf and landscape practices or combination of practices based on research field-testing„ and expert review, determined. to be the most effective FrLlydxxrylLrndolGA.'iJ2RiVteadutiomAO.dlrrmceitOrd/nneroerV'mlfhaVdaddf4AlizerO�rllroxs-M73/}7neljlAttgvr70).dra Page 2 of ORDINANCE NO. 201.3 - and d practicable on -location means, including economic andtechnological considerations for improving water quality, conserving water supplies and protecting natural resources "Chanter 85-427" shall mean The Indian River County Environmental Control Act, Chapter 85- 427, Special Acts, Laws of Florida. "Code Enforcement Ofcer shall mean an designated esignated employee or agent of Indian 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(2), Florida Statutes shall mean any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Code" shall mean "The Code of Indian River County "Environmental Control 4f'icer" shall mean the Indian River County Environmental Control Officer appointed by the Board pursuant to Cha ter 85-427 and Chapter 303 Part1) of this Code, and his or her designees. "Fertilize," "fertilizing," oI "fertilization" shall mean the act of a olymg fertilizer to turf specialized turf, or landscape plants. "Fertilizer" shall mean any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichmentLorprovides other corrective measures to the soil. "Heavy rain" shall mean rainfall greater than two inches in a 24 hour period. "Institutional Fertilizer Applicator" shall mean any person other than a private, non-commercial applicator or a Commercial Fertilizer Applicator (unless such definitions also apply under the circumstances) that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Fertilizer Applicators shall include but shall not be limited to owners managers or employees of public lands, schools parks religious institutions utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership "Landscape plant" shall mean any native or exotic tree shrub or groundcover (excluding turn. "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 persol business. corporation limited liability company, partnership Iimited partnership, association club organization, and/or any group of people acting as an organized entitv. dZ -201:(A,.nrA.vf20' Page 3 of ORDINANCE N0.2013 - 012 "Restricted Season" shall mean June I through September 30 "Saturated soil" shall mean a soil in which the voids are filled with water. Saturation does 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 IV_itrq en" shall mean nitrogen in a form which delays its availability for dant uptake and use after application or which extends its availability to the plant longeran 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 he grass. "Urban landscape" shall mean pervious areas on residential commercial industrial institutional highway rights -of way or other nonagricultural lands that are planted with turf or horticultural plants. For the -purposes of this section agriculture has the same meaning as in §570.02, Florida Statutes. Section 316.3. Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogen andfor phosphorus to turf and/or landscape plants during the Restricted Season to saturated soils, or during a period in which a Flood Watch or Warning, or a Tropical Storm Watch or Warning or a Hurricane Watch or Warning is in effect for any portion of Indian River County issued by the National Weather Service, or if heavy rain is likely. Section 316.4. Fertilizer -free zones. Fertilizer shall not be applied within ten feet of any pond stream watercourse lake canal or wetland as defined by the Florida Department of Environmental Protection Chapter 62-340, Florida Administrative Code) or from the top of a seawall if more stringent Indian River County Code regulations IL this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this zone only for a 60 -day period beginning thitty days ailer planting if needed to allow the plants to become well established. Caution shall be used to prevent nutrients from being directly deposited into the water. Section 316.5. Low maintenance zones. _A voluntary ten foot low maintenance zone is strongly recommended but not mandated from any pond, stream, water course lake wetland or from the top of a seawall A swale/berm system, is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent Indian River County Code regulations golly, this provision Page 4 of9 ORDINANCE NO. 2013 - 012 does not relieve the requirement to adhere to the more stringent regulations Notwithstanding the voluntary nature of the above sentences no mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to Dr the over - spray of aquatic weed products in this zone Section 316.6. Fertilizer content and application rates (a) No fertilizer containing phosphorous shall be applied to turf or landscape plants in Indian River County unless a soil or plant tissue deficiency is verified by a University of Florida Institute of Food and Agriculture Sciences approved testing methodology. In the case that a deficiency has been verified, the application of a fertilizer containing phosphorous shall be in accordance with the rates and directions for the Central Region of Florida as provided by Rule 5..E-1.003(2), Florida Administrative Code Deficiency verification shall be no more than 2 years old, However, recent application of compost, manure or top soil shall warrant more recent testing to verify current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen peguaranteed analysis label Cc) Fertilizers applied to an urban lawn or turf within Indian River Count' 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 aceonnpgp ing the delivery of bulk fertilizer products as provided by Rule 5E-1.003(2) Florida Administrative Code Labeling Requirements For Urban TurfFertilizers 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(2), Florida Administrative Code (d) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro seeding for temporary or permanent erosion control in an emergency situation (wildfire etc,). or in accordance with the Stonnwater Pollution Prevention P1nn for that site. Section 316.7. Application practices. (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones and water bodies including wetlands (b) Fertilizer shall not be an lied spilled or otherwise deposited on any impervious surfaces ) Any fertilizer applied, Willed,.or deposited, either intentionally or accidentpUL on an impervious surface shall be immediately and completely removed to the greatest extent practicable. F.•Wtw+xylG�1G6NFA.fLNeinlrr7mu &ArdsnmesWr=dlnnneukF'nr;Ou.NluddPSWTAerO,dt-- 2013 Page 5 of 9 ORDINANCE NO. 2013 - 012 (d) Fertilizer released on an impervious surface must be immediately -contained and either legally applied. to turf or any other legal site, or returned to the original or other awropriate container. (e) In no case shall fertilizer be washed swept, or blown off impervious surfaces into stormwater drains, ditches conveyances, or water bodies. Section 316.8. Management of grass clippings and vegetative materials In no case shall grass clippings vegetative material, and/or vegetative debris be washed, swept. off or blown ointo stormwater drains ditches conveyances water bodies wetlands or sidewalks or roadways. Any material that is accidentallyso_deposited shall be immediately removed to the maximum extent practicable Section 316.9. Exemptions. The provisions set forth above in this chapter shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act ,__& 823.14. Florida Statutes- bI other Rroperties not sub'ect to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) any lands used for bona fide scientific research, including, but not limited to research on the effects of fertilizer use on urban stormwater water quality, agronomics, or horticulture (d) golf courses when landscaping is performed within the provisions of the Florida Department of Environmental Protection dociunent, "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 narks and school facilities that apply the concepts and principles embodied in the Florida Green_ B.MPs, while maintaining the health and function of their specialized turf areas, (fl vegetable gardens owned by individual property owners or a community, and trees grown for their edible fruit. Section 316.10. Training. (a) Within the time period set forth in section 316,12 of this Chapter, all Commercial Fertilizer Applicators and Institutional Fertilizer Applicators within Indian River County shall abide by and successfully complete the six -hour trggjM prom -am in the "Floridu fi-iendl Best F.'WwmryV.rxdMGia'FRRL{Rax+Gmw 6OrAmimual0rdiumlFertrd'sr�IMe�tFenNiarOrd;.mca •203 Page 6 Ofn 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 applyingfertilizers. Section 316.11. General education urogram. The Public'Works Department shall have an employee who shall address issues pertainingto o this Chapter. This employee shall implement a 12ro,gram. to inform the general public of the requirements of this cha tomer which pro ram shall include among other things informative postings on the County website~ -printing and distributing informative brochures and other print materials, and speaking engagements at community associations civic organizations etc The pro rg ain shall also include, to the extent practicable use of any materials from, the Be Floridian proaM and coordination and collaboration with University of Florida Institute of Food and Agjculture Sciences educational activities. Any claimed or alleged deficiency in the County's general education program shall not constitute a defense to any action brought to enforce the provisions of this chapter. Section 316.12. Licensing of commercial fertilizer applicators. (a) No later than December 31, 2013, all Commercial Fertilizer Applicators within Indian River County, shall abide by and successfully complete training and continuing_ education requirements in the "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries, " offered by the Florida Department of Environmental Protection through the University of Florida Institute of Food and Agriculture Sciences "Florida -friendly Landscapes" program, or an improved equivalent program, prior to obtaining an Indian River Qoppjy Local Business Tax Certificate for any category of occupation which may applyanyfertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shallprovide proof of completion of the urogram to the Indian River County Tax Collector's Office within 180 days of the effective date of this ordinance. (b) After December 31, 2013, all Commercial Fertilizer Applicators within Indian River County shall have and carry in their possession at alltimes when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.1.17(18) Florida Administrative Code. (c) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties and multi -family and condominium properties) inust ensure that at least one employee has a "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate Owners for any categga of F.•1Sttornryl.Mda'fiENERdLiNndvMw kOsdm�rcA510.dtnense+VvnDurriMoOdFulltKmOrAnrt.+cr.107i i��UfA+$++� 201,E s Page 7 of 9 ORDINANCE NO. 2013 - 012 occupation which rriav 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 maybe enforced by the Code Enforcement Officer in the Public Works Department who is devoted to issues Dertaining_to this Chapter, pursuant to Chapter 152 Florida Statutes and 5103.07 of this Code. In addition this chapter may be enforced by the Environmental Control Officer pursuant to Chapter 85-427 Special Acts, Laws of Florida, and &303.14 of this Code. Penalties and remedies for violations shall be as set forth in 000.05 of this Code, and., to the extent applicable Chapter 85-427 Special Acts Laws of Florida. Funds generated by penalties imposed under this section shall be used by Indian River County for the administration and enforcement of &403.9337 Florida Statutes and the corresponding sections of this chapter and to further water conservation and nonpoint pollution prevention activities Section 316.14. References to state law. Any references in this chapter to Florida Statutes, rules or regulations shall refer to such statutes rules or re u� lations, as amended from time to time. Section 316.15. ADDiicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of Indian River County unless such applicator is specifically exempted; provided however, that this chapter shall not apply Within the limits of any municipality which has adopted an ordinance repulatin the same subject matter This chapter shall be prospective only, and shall not impair any existing. contracts Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered orre-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. RLftrw�aylU�c1GENERALUTrw7wioraROiAmm�crsb�dlmm,u�lFrrnRnnitdodNFirRArnO.dGrun�e• 10)3(6lnayyu,5 v1n).eaa Page 8 of ORDINANCE NO. 2013 - 012 Section 6, Directing County Attorney's Office to Post Summary on County Website. The County Attorney's Office is directed to post a summary of this ordinance on the County's website within 15 days of the filing of this ordinance with the Florida Department of State. Section 7. Effective Date. This ordinance shall become effective 45 days after the filing of the ordinance uZth 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 Wh day of July, 2013, and on the 10th day of August, 2013 for an additional public hearing to be held on the 2e day of August, 2013, at which time it was moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and adopted by the following vote: Chairman Joseph E. Flescher AYE Vice Chairman Wesley S. Davis AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solaris _ Commissioner Tim Zorc AYE The Chairman thereupon declared the ordinance duly passed and adopted this 20 day of August, 2013. ATTEST: Jeffrey.F Smith, C y La Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA seph '. Flescher, Chairman Approved as to form and legal sufficiency: DylJO-Re-.ingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of _, 2013. F_'1J--YW-d-* M4LVtemlmimadd�'+wmrl0idn+mca�IFort�pn�UfaddPiaAim D.D._,- 2013 (FTac7(,9vgnn7DJdo¢ Page 9 of 9 ORDINANCE NO. 2013 -014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONCERNING THE FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE, AMENDING SECTION 316.6 (FERTILIZER CONTENT AND APPLICATION RATES) AND SECTION 316.15 (APPLICABILITY) OF CHAPTER. 316 (INDIAN RIVER COUNTY FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY TO ALLOW FOR THE GRADUAL AMORTIZATION OF THE SUPPLY OF CERTAIN NITROGEN CONTAINING FERTILIZER AND APPLYING CHAPTER 316 TO UNINCORPORATED INDIAN RIVER COUNTY, AND MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted an ordinance regulating the proper use off fertilizers in order to protect the water duality of Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals., lakes, estuaries and other water bodies; and W1-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 WHEREAS, the new fertilizer regulations go into effect on October 14, 201 3; and WHEREAS, in order to provide adequate time for the supply of fertilizer containing nitrogen that does not comply with these regulations to be eliminated, it is necessary to provide additional bine 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 VI1I, 51 of (lie Florida Constitution and Chapter 125; Florida Statutes vest broad home rule powers in counties to enact ordinances. not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board, !•: lu�%n.-.��.uM*r �l.Vllll L'77,•..n7xrn.r...4 Urrlinann.ti F,/'�vnrn�:/'rmtr:�.+; lu�.,rli;ninur lerntcml�nlrs„xr.ilr.:, Page 1 af'3 0I11DINANCE NO. 2013 - 014 Section 3. Amendment of Section 316.6 Fertilizer content and application rates of Chapter 316 (Indian River Cough- Fertilizer and Landscape Management Ordinance) of the Code of Indian River County (the "Code"). Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and. Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.6. Fertilizer content and application rates (b) As of the effective date of this chapter, the The nitrogen content of fertilizer applied to turf or _landscape plants within Indian River County shall contain at least 2538% slow release nitrogen per guaranteed analysis label. As of June l.. 2014, the nitro en content of fertilizer a lied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitroeen per guaranteed analysis label Section 4. Amendment of Section 31615 (Applicability) of Chapter 316 (Indian River Countv Fertilizer and Landscape Manatrement Ordinance) of the Code of Indian River Countv the "Code"). Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated area of Indian River County, unless such applicator is specifically exempted;., provided, haweveF, that this ehapter s I I within t y which has adopted an eFd tatter. This chapter shall be prospective only, and shall not impair any existing contracts. Section 5. Severabilitv. If any pail: of this ordinance is held to be invalid or unconstitutional by a. court. of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. F •a,..n i^uwoGt E4+i,vrr J-.,.rn.rn�� u„r� x xt on,.r. „, r.,,,, r uv.,woo •.n., Page 2 of 3 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 September , 2013, for a public hearing to be held on the lst day of October 2013, at which tithe 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 Ave Commissioner Peter D. O'Bryan —Ay Commissioner Bob Solari _ Ave Commissioner Tim Zorc Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of October, 2013. ^��`t • , 0 - BOARD OF COUNTY COMMISSIONERS ✓`�% <INDIAN RIVER COUNTY, FLORIDA 13 y: <.;., �� .; /J eph E. Flescher, Chairman ATTEST: Jeffrey R. Snti.th, Clerk ofCouii' Approved as to form and legal sufficiency!and Comptroller By: Dep Clerkeflan Reingold, COLInty Attorney EFFECTIVE DATE: This ordinance was tiled with the Florida Department of State on the day of , 2013. I':':fIl.�nK1'�IJntln'tiY:.\'F%CI1.V:eHJNi•mcF(hrfi�uu.xlY).dfo�Uc2a�1'fHIM1::.�:ImurtL-•inpnFertio`a'�<INurr�ecbfGr,� Page 3 of APPENDIX C INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\APPENDIX C - 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.FDOT 2017 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. It shall be the contractor's responsibility to contact Sunshine State One Call System (1-800-432-4770) at least 72 hours in advance of commencing construction work to coordinate traffic control and obtain locations of underground traffic signal conduit for the County's Computerized Traffic Signal Coordination System. 4. The contractor shall be responsible for using the applicable Traffic Control Plan for the type of work being performed. All job supervisors shall have a copy of the control plan on site at all times and shall be familiar with the correct set-up of the plan. 5. At least one lane of traffic shall be maintained at all times. One -lane traffic shall be controlled with at least two (2) flagmen. Flagmen shall use STOP/SLOW paddles at all times. Flags shall not be used for one -lane traffic control. 6. After proper notification to Traffic Engineering, consideration will be given to the contractor to close roadways to through traffic on a daily basis during daylight hours on narrow roadways where maintaining one -lane traffic would be difficult. The roadway shall be open to traffic at the end of each work day and on weekends. It shall be the contractor's responsibility to provide all necessary construction signs and traffic control devices to close the road and provide a detour route in accordance with Indian River County standards. Signing shall be installed that clearly indicates the time periods the road is closed to traffic. 7. There shall be no construction work after dark. 8. All open excavations shall be back filled before the close of each work day. F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_AirportDr to 41st St\1-Admin\Bids\Bid Documents\IRC_ 1503—BID—CONTRACT—Add Date\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.docx Rev. 4/11/2016 Special Conditions for Right of Way Construction Page 2 9. A compacted roadway shall be provided at the end of each work day. Disrupted roadways shall be clearly marked as a construction area. 10. Refer to the attached Traffic Engineering Regulations for construction work on Indian River County roadways for maintenance of traffic inspection policy and procedure. Field inspection for work zone safety and maintenance of traffic will be coordinated by the Traffic Engineering Division. 11. All construction equipment, materials, etc. shall be stored outside of the clear zone. Equipment and construction materials that are stored within the clear zone shall be clearly marked with Type II barricades with flashing yellow lights. 12. All projects and work within Indian River County right-of-way shall have an approved Traffic Control Plan (TCP). All work shall be executed under the established TCP and Indian River County approved procedures. The TCP shall provide the proposed detour route, traffic control devices, and other pertinent information for the proposed project and shall be submitted for review and approval by the Public Works Department. The TCP shall be prepared by personnel with a minimum of an Intermediate Maintenance of Traffic current certification in the State of Florida. (Denote on the TCP, certification number and name of the certified personnel that prepared the MOT plan.) The FDOT Design Standards, Indices 600, 2015 do not include a Traffic Control Plan for a full road closure. For full road closures, a TCP is required to be submitted by the contractor a minimum of two (2) weeks prior to the proposed road closure. All traffic control devices shall be in accordance with the Florida Department of Transportation (FDOT) Design Standards, Indices 600, 2015, the Manual on Uniform Traffic Control Devices, 2009 Edition, and Indian River County Typical Drawings for Signing, Pavement Markings, and Geometrics, latest edition. 13. For full road closures, Portable Changeable Message Signs are required to pre -advertise the roadway closure, a minimum of seven (7) days in advance of the road closure and during the duration of the road closure. The use of Portable Changeable Message Signs for lane closures on thoroughfare plan roadways will be required. Messages are to be as approved by the Public Works Department and shown on the TCP. TRAFFIC ENGINEERING REGULATIONS Maintenance and Protection of Traffic: It shall be the responsibility of the contractor to provide for the maintenance and protection of traffic in accordance with the applicable indices in the most current edition of the"Florida Department of Transportation Roadway and Traffic Design Standards and the Federal Highway Administration Manual on Uniform 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:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Aiiport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID _CONTRACT—Add Date\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.docx Rev. 4/11/2016 Special Conditions for Right of Way Construction Page 3 It shall be the responsibility of the contractor to ensure that all subcontractors are in full compliance with all traffic control regulations. It shall be the responsibility of the contractor working on County roadways or within Right -of -Ways to establish maintenance of traffic prior to any work being performed. The contractor shall frequently monitor the work zone set-up to ensure that all signing is properly placed and that warning signs remain at the proper advance posting distance from the work area. Any signs that do not apply to the work zone shall be removed or covered. The contractor shall remove the work zone set-up at the conclusion of the work. Traffic Engineering shall be notified twenty-four (24) hours in advance of any lane closings and ten (10) days in advance of any road closures. Lane, closures are restricted to outside the normal peak hours of traffic, lane closures shall occur during the hours of 9:00 AM to 4:00 PM unless otherwise approved by the Public Works Director or his designee. Traffic Engineering staff shall inspect the Maintenance of Traffic prior to construction commencement to ensure compliance with the approved Traffic Control Plan. It is the policy of the Traffic Engineering Division to randomly monitor the contractor's compliance with all regulations while working on County roadways and within right-of-ways. Matters of public safety shall be attended to immediately upon notification by the County Public Work Director or his designee. If the contractor is found to be negligent in maintaining proper work zone set-up in accordance with the County's Right -of -Way ordinance (Chapter 312), the County Public Work Director or his designee shall impose penalties in the amount of $250.00 for working without the proper traffic control. Construction at or Near Signalized Intersections: The contractor shall have full responsibility for any work performed at or near any traffic signals in Indian River County. The contractor shall request that the County locate buried interconnect conduit and cable, loop sensors, and pull boxes prior to commencing construction. Any damage to the interconnect conduit, loop sensors, and pull boxes or any other traffic signal equipment shall be repaired at the contractor's expense. It shall be the responsibility of the contractor to notify Traffic Engineering Division 72 hours prior to any work being performed near a signalized intersection or flashing beacon. Once the proper notification and locate procedures are satisfied, the contractor working in or near signalized intersections or around traffic signal poles, signal cabinets, or flashing beacons shall be advised of the following regulations: 1. No excavation shall be performed within a 15 -foot radius of any traffic signal pole. If excavation is necessary within a 15 -foot radius, it will be the contractors responsibility to provide the following: a. In a manner approved by the County Public Works Director or his designee, the contractor shall provide constant support of the traffic signal pole to prevent movement during excavation and backfill operations. F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT Add Date\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.docx Special Conditions for Right of Way Construction Page 4 b. Compaction around the excavation site to a 98% density, bringing the backfill up in 1 foot lifts. c. Density reports from a licensed testing company provided to the County Public Works Director. d. Restore the traffic signal and all support equipment to original condition or better. 2. There shall be no pavement cuts made within 500 feet of a signal or flashing beacon without contacting Indian River County Traffic Engineering Division at (772-226-1547), 72 hours prior to construction. Any traffic signal, loop sensors, conduit, interconnect cable, or any support equipment damaged by a contractor shall be repaired/replaced at the contractor's expense. 4. Any contractor that works at or in the vicinity of a signalized intersection shall have full responsibility for any liability incurred by causing damage to signal equipment that results in the failure of the traffic signal functions. If such a failure occurs, the contractor shall notify the police and the Traffic Engineering Division immediately at (772-226-1547). F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airpoit Dr to 41 st St\1-Admin\Bids\Bid Documents\IRC_ 1503—BID—CONTRACT—Add Date\IRC TRAFFIC ENGINEERING SPECIALCONDITIONS FOR RIGHT OF WAY CONSTRUCTION.docx Rev. 4/11/2016 APPENDIX D TITLE VI/ NONDISCRIMINATION AGREEMENT Appendix D -Nondiscrimination F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\APPENDIX D - Title VI Nondiscrimination Policy Statement.doc TITLE VI/ NONDISCRIMINATION ASSURANCE Pursuant to Section 9 of US DOT Order 1050.2A, Indian River County assures the Florida Department of Transportation (FDOT) that no person shall on the basis of race; color, national origin, sex, age, disability, family or religious status, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, the Florida Civil Rights Act of 1992 and other nondiscrimination authorities be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination or retaliation under any program or activity. Indian River County further assures FDOT that it will undertake the following 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. 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. 3. Insert the clauses of Appendices A and E 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 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. 7. Have a process to collect racial and ethnic data on persons impacted by your agency's programs. 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. Dated /a// o/ 1 q by Jason q. Bro�n, County Administrator 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. (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 falls 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 shalt 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 14 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); 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 activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II 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 37 and 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 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 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). APPENDIX E FEDERAL REQUIRED CONTRACT PROVISIONS Appendix E -Federal Provisions F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Aiiport Dr to 41st St\I-Admin\Bids\Bid Documents\IRC_1503_13ID. CONTRACT—Add Date\APPENDIX E - Federal Required Contract Provisions.doc 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: 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, but not be limited to the following: employment, upgrading demotion ortransfer; 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 contractor will, 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 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 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 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 parry 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. (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 United States to enter into such litigation to protect the interests of the United States. 2 (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 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: The contractorwill 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 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 employees 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. 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 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. 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 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 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. 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 4 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. 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. 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 DBE subcontractors or subcontractors with meaningful minority group and female 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. 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 minorities, 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. 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 contractor 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 that the firm does not maintain or provide for its employees any segregated facilities at any of 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 files. 8. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, excepf 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)] 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 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. 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 FDOT 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 work is performed. 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 so 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. * The U.S. Department of Labor Wage Rates applicable to this contract are listed in Wage Rate Decision Number FL170, as modified up through ten days priorto 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.wdol.qov. The FDOT Wage Rate Coordinator may be contacted at 850-414- 4251. (3) Payment of Fringe Benefits: 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. 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: Apprentices: 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. 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 thejob 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 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. 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. Trainees: 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 thejourneyman- 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. (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 10 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 or working 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 contractor 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. 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: 11 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. 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: 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; 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. 12 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. 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. 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 lb relative to furnished materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. (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 (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). "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 13 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. (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. (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). (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 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: 14 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 than $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 sea., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et sec., 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. (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) 15 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 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 person 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. 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. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, 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 nonprocurement 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. 16 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. 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 for commission 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 not within 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 CFR 29) 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 remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 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 used in this clause, have the meanings set out in the Definitions and Coverage sections of 17 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. 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. 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. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Subcontracts and Purchase Orders: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction 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. 16. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) (1) The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the 18 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. 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 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 do not exceed $2,500. The bidder shall complete and submit with its bid proposal a declaration certifying either compliance or noncompliance with Buy America. A certification form is attached. The contractor will also be required to provide, prior to incorporating the materials into the Project, certifications from the producer of steel or iron, or any produce containing steel or iron as a component, stating that all steel or iron furnished was produced entirely within the United States or was produced within the United States except for minimal quantities of foreign steel and iron valued at ($insert actual value). 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 Goal Percentage. The DBE Goal Percentage for this project is 10.65%. 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 19 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/eaualopportunitvoffice/ 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. 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. 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 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. 20 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 from 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 promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. 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. 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. 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. 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 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 21 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. 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 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. 23. TIME EXTENSIONS The County may grant an extension of Contract Time when it adds 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 foreseeable at the time of bid or if failure of the County to 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: $1,584.00 per day 22 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 debarmentform 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. 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). 23 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 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 24 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. (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. 25 26 GENERAL CONDITIONS AND TERMS Section Caption GC 1 Definitions 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 GC 16 Subsoil Conditions 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 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 GC 33 Substitution 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 GC 38 Use of Completed Portions GC 39 Cleaning Up 26 GC 40 Basic Requirements Prior to Substantial Completion 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 GC 55 Royalties and Patents GC 56 Verbal Agreements GC 57 Miscellaneous Provisions SPECIAL TERMS AND CONDITIONS 1-24 27 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. (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 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 Documents are complementary, and wherever possible the provisions of the documents shall be construed in 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: First Priority: Specifications (quality) Second Priority: Drawings (location) Third Priority: Special Terms Fourth Priority: General Terms and Conditions Fifth Priority: Contract Documents Sixth Priority Invitation to Bid Seventh Priority Contractor's Bid 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. 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. 28 (2) Maintain a roster of subcontractors will name and contact telephone numbers for key personnel. (3) Provide a safety program for the project and conduct a safety meeting prior to commencing work. 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. 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 Contractor shall 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 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 Engineer will 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 30 Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, 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 may be 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 31 work. Each such update and/or revision to the construction schedule shall be submitted to the Owner and 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 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. Increase 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 backlog. 3. Reschedule the work in conformance with specification requirements. 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. GC 13 LAND FOR WORK. 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 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 overwork 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 32 information provided by the Engineer, the Contractor shall develop and make all detail surveys and establish 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 33 discovers such. No work defect in construction or quality, or deficient in meeting any requirement of the 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, 34 plant sites, borrow areas and all other work areas free from dust. Code -required or industry -accepted 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 within 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 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 Engineerfor 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 k&l with the times scheduled, the Owner may declare a default of this Contract 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 orwork 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, Contractor will 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 permit tests 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 at the 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 36 shall be made for such work. GC 35 CORRECTION OF WORK. 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 signatory 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 37 documents. 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 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. 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. 38 GC 41 FINAL INSPECTION AND ACCEPTANCE The following items shall be completed as a condition precedent to a request by Contractor for final inspection: 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 -BU ILT' 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. 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. 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. 39 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") orfor 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 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 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. GC 44 PAYMENT PROCEDURE. 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 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: List of Subcontractors and suppliers Project schedule Schedule of values All current certificates of insurance Designation of Contractor's Project Manager 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 start of 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 Releases) 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 such retainage. GC 44.5 Final payment may be made to certain select Sub -contractors whose work is satisfactorily completed prior to the total completion of the Project but only upon advance written approval of the Owner and Surety. 40 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 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 for final 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 the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 41 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. 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 II. 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 Contractor's Surety performance of its obligations under the performance bond, including claims by 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 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: 42 (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 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 contingent liability under the Contract, as set forth in the Special Conditions 2. Coverages. See Special Conditions. 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. 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. 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 43 prejudice to any other right or remedy, and after giving the Contractor and its Surety seven (7) calendar days 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 all 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 excess 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 part for 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 44 improper workmanship and defective materials and in conformance with the drawings and specifications. Contractor warrants sidewalk 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. 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 45 undertaking at any time in the future. 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 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, or gift of any kind contingent upon or resulting from the award of this Agreement. 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 other bidders or contractors. (F.S. 838.22) GC 57.11 Equal Employment Opportunity; Non -Discrimination. Contractorwill 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. 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 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 46 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 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. 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 Florida based upon improper venue or forum nonconveniens. 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 Owner. 47 SPECIAL TERMS AND CONDITIONS 1. GENERAL INFORMATION The original and one (1) 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. BID PROPOSALS ON VENDOR LETTERHEAD/QUOTATION FORMS WILL NOT BE ACCEPTED. All bid proposals must be typed or written 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. Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, after bid opening, by appointment only. Time is of the essence and any bid received after 2:00 P.M. on Wednesday, January 22, 2020 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 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 180027 1h Street Vero Beach, Florida 32960 2. REJECTION OF BIDS The Purchasing Manager reserves the right to reject any or all bids, in whole or in part, and to waive 48 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 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 reasonable cost analysis values; 7) abandonment of the project; and 8) bids are over the approved budget for the project. 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. 4. INSPECTION OF FACILITIES It is the bidder's responsibility to become fully informed as to the nature and extent of the work required and its relation to any otherwork 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 Purchasing Division (purchasing(a)ircgov.com or (772) 226-1416). Failure to visually inspect the facilities shall be cause for rejection of your bid. 5. LEGAL REQUIREMENTS 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 noway be a cause for relief from responsibility. (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 Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded contractor/vendor and the County for any 49 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. (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, vendorwill 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 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 50 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. 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 any officer, director, or agent who is also an employee of 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 fora period of five (5) calendar days. Bidders desiring a copy of the bid tabulation of the Invitation for Bid may 51 request same be enclosing a self-addressed, stamped envelope with their bid. 14. ADDENDUM No interpretation or changes to the meaning of the Sealed Bid will be made to any Bidder, except by written addendum. 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 180027 th Street Vero Beach, Florida 32960 purchasinq(aD-ircgov.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 8.1.6 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 52 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. 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. Pestal Money C)FdeF. 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 — Tuesday January 7 2020 at 10.00 A.M. 21. TIME OF COMPLETION AND LIQUIDATED DAMAGES BASE BID — TIMEFRAME 53 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 15011" day and totally 100% completed by the 1801h 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 $1,584.00 dollars per calendar day between the date Substantial Completion 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 The Contractor shall comply with the following special provisions as part of the contract for the 43rd Avenue Sidewalk Improvements Project: (1) (A) BASE BID -TIMEFRAME 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 1501h day and totally 100% completed by the Contractor on the 180b day. (B) CPM SCHEDULE AND NARRITIVE 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 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 foreach 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 commitments for each phase of the work, the Contractor's proposed work hours for 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 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 54 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 priorto and orafterthe.Award of Contract and the Notice to Proceed is issued by the County without prior written approval of the County's Project Manager. (2) The Contractor shall provide daily cleanup 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 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) At the Engineer's discretion, the Contractor shall be required to electronic 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 or their designee. (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 55 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 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- or explanation 4. Bid Opportunity List. 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 525-010-46). 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 beta.SAM.gov "General Decision Number: FL20190170 01/04%2019 Superseded General Decision Number: FL20180213 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 $10.60 for calendar year 2019 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts Page 1 of 9 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov Page 2 of 9 entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 * ELEC0915-004 12/01/2017 Rates Fringes ELECTRICIAN ......................$ 28.18 38%+0.35 ---------------------------------------------------------------- SUFL2013-031 08/19/2013 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 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 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov Page 3 of 9 IRONWORKER, STRUCTURAL ........... $ 16.42 0.00 LABORER (Traffic Control Specialist) ......................$ 11.79 0.00 LABORER: Asphalt, Includes Pipelayer..............$ Raker, Shoveler, Spreader and 0.00 OPERATOR: Distributor ......................$ 14.05 0.00 LABORER: Common or General ...... $ 10.69 0.00 LABORER: Flagger................$ 13.09 0.00 LABORER: Grade Checker .......... $ 14.66 0.00 LABORER: Mason Tender Cement/Concrete...'...............$ 12.58 0.00 LABORER: Pipelayer..............$ 12.44 0.00 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 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov Page 4 of 9 OPERATOR: Drill .................$ 13.04 0.00 OPERATOR: Forklift ..............$ 10.43 0.00 OPERATOR: Gradall...............$ 14.71 0.00 OPERATOR: Grader/Blade.......... $ 18.20 0.00 OPERATOR: Loader ................$ 13.14 0.00 OPERATOR: Mechanic ..............$ 17.52 0.00 OPERATOR: Milling Machine ....... $ 16.04 0.'00 OPERATOR: Oiler .................$ 16.67 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 15.47 0.00 OPERATOR: Piledriver ............ $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences)...............$ 15.97 0.00 OPERATOR: Roller........ ......$ 12.50 0.00 OPERATOR: Scraper ...............$ 12.21 0.00 OPERATOR: Screed ................$ 14.14 0.00 OPERATOR: Trencher ..............$ 14.25 0.00 PAINTER: Spray ..................$ 19.57 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation ...... $ 15.11 0.00 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov 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. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care;, or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after Page 5 of 9 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov 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. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Page 6 of 9 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and 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 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, 1000 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. Page 7 of 9 https://beta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov Page 8 of 9 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those RegionaliOffices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: https:/Ibeta.sam.gov/wage-determination/FL20190170/0/document 11/26/2019 beta.SAM.gov Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION M Page 9 of 9 n M https://beta.sam.gov/wage-detennination/FL20190170/0/document 11/26/2019 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond." END OF SECTION Bid Bond P-57 11/720191123:15 AM INDIAN RIVER COUNTY, FLORIDA SEALED BID NO. 2020016 PROJECT NO. IRC -1503 43 Id AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET SUBSTITUTION SHEET DESCRIPTION OR MAKE PROPOSED ADD DEDUCT BID ITEM NO. SPECIFIED SUBSTITUTION P-58 Substitution Sheet 1117/201911:23:15AM INDIAN RIVER COUNTY, FLORIDA SEALED BID NO. 2020016 PROJECT NO. IRC -1503 43rd AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET CONTRACTOR VERIFICATION FORM THE FOLLOWING IS TO COMPLETED BY PRIME BIDDER: Name of Firm: Corporate Title: Address: 0 (Print name) (Authorized Signature) Telephone: ( ) Fax: ( ) State License # County License # City License: (ATTACH PROOF OF REGISTRATION WITH THE CITY) Type of License: Unlimited (yes/no) If "NO", Limited to what trade? (Zip Code) (Print title) (ATTACH COPY) (ATTACH COPY) P-59 Contractor Verification 11/7/20191123:15 AM INDIAN RIVER COUNTY, FLORIDA SEALED BID NO. 2020016 PROJECT NO. IRC -1503. 43 d AVENUE SIDEWALK FROM AIRPORT DRIVE WEST TO 41St STREET LIST OF REFERENCES OWNER'S NAME PROJECT CONTACT TELEPHONE & ADDRESS PERSON NUMBER P-60 List of References 11/7/20191123:15 AM ------------------------------------------------------------ ----------. — - ---------------------------------------------•------------------- ---- ss.�scCq Fusaci�C..cF-v.Mur�=ac�s�+�a.��ee , �-r4-aso-�s ISO N -CO LSD S?80'N U ECLA RATION AN. i �r� QF�� L------------------------------------------------COMPLI CE_t�IT_H_49_CER U!5- ---------------- = ------------------------------ ITEMMSEGM ENT NO.: F.A.P. NO.: UANAGIhIG 011STRICT: IMM PARCEL NO.: COUNTY OF: PUM BID LETTING OF: I EMI heresy declare that lam (NAME) (UTLE) (FIRM) of (CITY AND STATE) and that I ama the person responsible within my firm for the final decision as to the price(s) and amourd -of this'Bid an this Mate Project I further declare that 1. The prices(s) and arnaunt•of this bid have been arrived at independently. without consuftafian, communication or agrees hent, for tine purpose of restricting competiticrn with any other contractor, bidder or potential bidder. 2. Neither the pi ice(s.) nor the amount of this bid have been dfiselosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to the bid opening.. 3. No aftempt has been made or vaall be made to solicit, cause or enduce any other firm or person to refrain from bbdding on this project, or to submit a bid' hi�gher fhan the ',bid of fids firm, or any, intentionally high or non-competitive bid or other form of complementary bid - 4. The bid of my fret is made in -good faith and not pursuant to any agreement or discussion with, or inducement from. any firm or person, to subrnit a complementary bid_ 5. lAy firm has not offered axr entered into 9 subcontract or agreement regarding 'the purchase of materials or services- from any firm or person. or offered, promised or paid cash or anything of valine to any firm or person, whether in connection with this or any other project, in consideration for an agreement: or promise by any firm or person to refrain, from bidding or to submit a Complementary bid on this project. 8. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firma or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other pMect, in consideration for Amy "s submitfing a complementary bid, or agreeing to do so, on this profit. 7. l have made s diligent inquiry of all members, officers, employees, and agents of tray firm with responsibilities relating to the preparation, approval or submission of my* firm's bid on this prooct and have been advised by each of them that ;he or she has not participated in any curnmunication, consultation. discusmon, agreement; collusion, ad or other conduct inconsistent with any of the statements and representations made in thes Declaration_ S. As required by Section 337.155, (Florida Statutes, the firma has fully informed the Department of Transportation, in wwnting of all convictions of the firm, its affiliates (as defied in Section 337.1 650)(a)2 Florida Statutes). and all directors„ officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or far violation of any state or federal law involving fraud-, bribery. collusion„ conspiracy or material rnis epresentation with respect to a public contract:. This, includes disclosure of the names of current employees of the fire or affiliates who were convicted of contract crimes while in the employ of another company - P -61 List of References 11/7/201911:z3:15AM ------------------------r---------------------------------------------------------------------------------------i 'S°'".SS''� ' ---------- aMrr air ; OVO fz �-----------------------------------------------------------------------------------------------------------------'-------------- ��? 9. l certify that, except as noted blow, neer my tiffn nor arty perms associatedtherewith in the capacity of ouiner; partner, director, officer, principal. irria—Agator.;project disectoFr. manager. auditor, ;andforposition involving the administration of (Federal finds: (a) is pres-ently debarred, suspended, proposed for debarment declot ine5gi le, or voluntarily excluded from covered transactions, as. defined in 49 Clot §29-1by any Federal department or agency; (b) has witiitin a three-year period precr=ding lhcs oertif5cation beenconvicted of or had a ciiViljudgment rendered against him or her for commission of fraud or a crirnirral offense in connection vOth obtaining„ attempting to obtain, or performing a Federal,: State or Focal government transaction or public contract violation of Federal or Mate antitrust statutes; or commission of embezzlement, theft, forgers bribery, fehsification or destruction of records, matdng false statements or receiving stolen property; (c) is presently indicted for or o rwise adminsdly or civilly charged by s Federal, State or local goverrvmental entityvathi commission of any of this offenses enurnerated iin paragraph 9(b) of this certification; and (d} has, withiin a three-year period preceding this certifmation had one or more Federal, State or local government public transactions terminated for cause or deferilf: 113. f(We), certiry that IfWej, shall not knowingly enter into any transaction with any subcontract, material supplier, orvendor Who Ls debarred, suspended, declared ineligible, or voluntarily excludedfrom participation in€his contract by any Federal Agency` unless authorized' by the Department Where I' am unable to declare or certify as to any of the statements contained in theabove stated paragraphs numbeared (1) through (1,D), I have providled an explanation in the 'Exceptions" portion Ibelmv or by attached separate sheet. ----------------------- I --------------------------- (Any exceplian Fisted above will not necessarily result in denial' of mvard, but ��rill 6e- -C-0-n- red in detErn�nirrg bidder responsibility. For any exception noted, indicate to whom it applies, initiatmg agency and ,dates of agency action. (Providing false information may resuft in criminal prosecution and'or administrative sa+ncfions.) I declare under penalty of perjury that the foregoing is trete and charred CONTRACTOR: (Seal) 'du'1T1i�ESS: NAME AND TTLE PRMED SIGNATURE Executed on this day of FAft = i fJ EthLZY }114f 1 i �41f11D V UTA TfflS t'3 +GLdWENT •, e iY6.4Y1Sd14Lrfl TFfF t3Elft3f=t:4t Yi# 'f►d=SPt�,I�SlVE P-62 List of References iiMrzo1sii:zr:isaM r-------------'---------i--------------------------------------------------------------------------------------------------------jj 7fr I F9rt:TGF 4hiiY l i �5ii i i i_________________________________________________________ REQUIRED CONTRACT PROVISIONS This certification applies to suibcontrach iss, material suppliers, vendors and other lower her participants. - Appendix B of 49 CFR Part.29 — Appendix B—Certifimbon Regarding Debarment, Suspension, ineligibility and Voluntary Ex lusiorF—Lew er Tier Ckwered Transactions trDstrurt"ons for l"ier�ri ccdkin 1.. By signing and subannitting this proposal, the prospective lower tier participant is providingittecertification, set out below. 2.. The certifica"#ion in this clause is a nnaterial representation of fact upon which reliance was placed when this trarrsectionures entered. tf it is later detemunedthat the prospective lovtertier participant knowingly rendered an enroneous certification, in adcff4omn to other raniedies available to the Federal', Governments the department or agency with which this transaction originated may pursue available remedies, including suspension and'or deebarment. 3. The prospective lowertiser participant shag provide Immediate vaitten notice to the person to which this proposal is submitted if, at any time the prospective lower tier perticiparit Darns: that its certification was erroneous vAean submitted or has become erroneous by reason of changed circumstances. 4_ The term, s'covered transectI n,"''debarred," "suspended,"''Sneligible�" "lower tier €overd?d transaction," "parti ipsant " "person," "primary covered transBotion.," 'principal," "proposal'," and "voluntanT-y excluded," as used In this cause; have the meanings set out in the Definitions and! Coverage sections of males implementing Executive Or'd'er 12549. You may corxtact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulation, s. 5. The pmspectrve lower tier participant agrees by submitting this proposal that it shag, not knowingly enter into any €curer tier hovered transaction with a ,person who is debarred, suspended, dedlared ineligible, or voluntarily excluded from participation in this co vered transaction, unless authorized by the deparftnenit or agency, vAth which this transaction originated. 6. The prospective (ower Mr participant further agrees by submitting this proposal that it will Include this clause ddled "Certification Regarding Debarment, Suspension, Imeeligibirdy and Voluntary Exclusiort—LovAerTrer Covered Transaction," without modification, in all lower tier cornered h ansa tions and in all solicitations for loaner tier covered transactions:. 7.. A participant in a covered transection may rely upon .a certification of a pTosspective parbmpant in a Ilo was filer covered tmmsecticnn that it is net debarred,, suspended, ineligible, or uo€untarily excluded from the covered transaction, unles=s is knouts that the certification is erroneous. A patticipant rney decide fl-te methods and frequency by which it. deterrirdnes the eligibility of its principals. Each parliciipant may, but is not required to, check the Mornpn=rement List. 8_ Nothing contained in the foregoing; slaa® be construed to require establishment of a, system of Ards in order to render in good faith the certification required by this clause. The kr►owfedge and information of a participant is not required to exceed that which is normsEty possessed by a prudent poen in the ordinary course of business dealings. 9. Except for trernsactions authorized under paragraph 5 of these instructions, if a participant in a € overed transaction knowingly eaters into a loaner tier covered transaction utffh a person who is suspended, debarred, ineligible, or volunitardy excluded from participation in this transaction, in addition to other remedies .available to the Federal Govrernment, the department or agency with which this transaction originated may pursue available remedies, including suspension .andfor deberrnent. Cee titration Re_qarding eta Suspension, frlelkjWhy.and Voluntary &cAW6n--tawmr'irrerCovered Ttansac6ons (1) The prospective lower tier participant certifies, by submission of this proposal, that neitiner it norits principals is presently disbarred, suspended. proposed for debarnnent, declared ineligitrle, or voluntary excluded ftaarn participation in this transaction by any Feder l department or agency. (2) W hem ttte prospective to wee tier participant is unable to certify to any of the statements in anis certificafian, , uch prospective participant shall attach an explanation to this pmpo al - P -63 List of References 11/7/20191123:15AM INDIAN RIVER COUNTY 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 Measure {Description} A. B. C. D. E. F. Units of Measure {LF, SY} Unit Unit Extended Quantity Cost Cost FAILURE TO COMPLETE THE ABOVE MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE. P-64 Trench Safety 1117/2019 11:23:15 AM BUY AMERICA CERTIFICATE OF COMPLIANCE f4 `z car oIF, i� COMPLIANCE rl� p e The bidder hereby certifies that it will comply with the requirements of 23 C.F.R. 635.410, as amended, and utilize only iron or steel manufactured in the United States, or components made with iron or steel that meet the Buy America requirements. Bidder acknowledges that it will be required to produce Buy America certification(s) from the producer(s) of the steel or iron or components prior to incorporating any such materials into the work or project. Company Name: Authorized By: (Sign) Title: ,(Print Name) Date: P-65 11!772019 1 1 23:15 AM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33 PROCUREMENT 10/01 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing 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 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. (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 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 By: Authorized Signature: Title: Date: P-66 11/7/20191123:15 AM STATE OF FLMrXk OEPAFUUfffT OF TRMSPOiTATION 375-036-3d DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT 02r16 Is this form applicable to your firm? YES ❑ NO ❑ If no, then Tease complete section 4 below for"Prime 1. Type of Federal Action: a_ contract b. grant c_ cooperative agreement 2. Status of Federal Action: a. bidlofferlapplication b. initial award c_ post -award 3. Report Type: a. initial filing b. material change For Material Change Only: d. loan Year: Quarter: e_ loan guarantee f. loan insurance Date of last report (mm/ddlyyyy) 4. Name and Address of Reporting Entity: ❑ Prime❑ Subawardee 5. If(Reporting Entity in No_ 4 is a Subawardee, Enter 'Name and Address of Prime: Tier if known.- nown:Con Congressional District, if known: Congressional ressional District, if known: 4c. 6. Federal Department/Agency. 7. Federal Program Name/Description: CFDA (Number, if applicable: 8. Federal Action (Number, if known: 9. Award Amount, if known: S 10. a. Name and Address of 'Lobbying Registrant (if individual last name, first dame, MO: b. (individuals Performing Services (including address if different from No. IOa) (last name, first name, Jth : 11. Imfornation requested through this form is authorized by title 31 U_S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed Signature: by the her above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S-G. 1352 Print Name: This information will !be available for public inspection. Any person who fails to file the required disclosure shall' be subject to a civil penalty of not less than $10,000 and not more than 5100,000 for each such failure. Title: Telephone No_: Date (mmlddJyyyy): Federal Use Only: Authorized for Local Reproduction Standard Form (LLL (Rev. 7-97 P-67 111110191123:15 AM 37S -S31344 PROCUREMENT 044-14 Pagt2a'2 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shallbecompleted by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a 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 for each payment or .agreement to make payment to any lobbying entity for influenaing 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 a 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 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 andlor 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 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 fulliname, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification 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 1 st tier- Subavirards include but are not limited to subcontracts, subcrants and contract awards under grants- 5- If the organization filing the report in item 4 checks "Subawa.rdee," 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 orIcian 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 commitments - 8. Enter the most appropriate Federal idenfifying number available for the Federal action identified in Rem I (e -g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number- grant announcement number the contract grant or loan award number, the applicatontproposal controlnumberassigned by the Federal agency)- Include prefixes, e -g-, "RFP -DE -90-001 9- Fora covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount ofthe awardfloan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 199'5 ,engaged by the reporting entity identified in Item 4 to influence the covered Federal action - (b) Enter the full names of the individuall(s) performing services, and include full address if different from 10 (q) - Enter Last Name, First Name, and Middle Initial (M[)- 11. The ce"ing official shall sign and date the form, print his1heT name, tMe, and telephone number. Aocorrfing to the Paperwork Reduction Act. as affnended, no persons are required to respond to a collection ofirdormalion unless it displays a valid OW Gorib-d Nurdtier- The vaNd OWS control nu ntw for this inforrriation collection is OMS hiss. 834 6. Public reporbrQ burden for this collection of iinfortruffion is estimated to average 1C mirrutes per response— including tiirrie for re-0ewing instructions. searching eAstirig data sources, gathering and maintaining the data needed, and cornpieting and reviewing the colbectibn of information. Send conmients regariling, the burden esifirnate or any other aspect of this coBecti1on of rnknTLition, including w2gestions for reducing this burden, to the Office of Management and Budget PaPef=rk Reduction Project (13348-011MI, Alast&gton. DC 20W& P-68 1117201911:23:15 AM 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." Company Name: Authorized By: (Sign) Title: (Print Name) Date: P-69 11/7=191123:15AM DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are underthis 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, I certify that this firm complies fully with the above requirements. Bidders Signature Date P-70 11!7/20191123:15 AM APPENDIX F FHWA 1273 Appendix F-FHWA 1273 F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Drto 41st St\1-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\APPENDIX F - FHWA 1273.doc REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) 1. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, 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. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. If. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all 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. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. 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, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) 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 and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with 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 contracting agency and the Federal Government to ensure that it has made every f good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its 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." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. 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 employees 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 minorities and women. 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. 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. 4. 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 placed in publications having a large circulation among minorities and women 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 minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women 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, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. S. 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 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 its 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 their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. 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. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). 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 employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 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 good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith 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 contracting agency 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 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 minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. 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 contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 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. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. 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 three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours 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; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency 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. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- 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. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics 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 issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, 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 29 CFR 5.5(a)(4). 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. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) 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. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), 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 Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action 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. (3) In the event the contractor, the laborers or mechanics to be employed in the 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. The Wage and Hour 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. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. 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 shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as 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. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor 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, so 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 or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of 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. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) 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. shalI maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 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 for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each 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 Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) 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 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, 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 FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action 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. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). 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 U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or 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 Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen 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 worker 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 on 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 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's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 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 journeymen 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 benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). 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 U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman 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 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. 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. In the event the Employment and Training Administration withdraws approval of a training program, the contractor 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. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. 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 IV. 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. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 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 U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). C. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the 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 or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys 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 (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 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 contracting agency. 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 635.116). . a. The term "perform work with its own organization" refers to workers employed or leased 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 or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. 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 or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 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 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 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 contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 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 contracting officer 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. 3704). 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 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.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 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, Form FHWA-1022 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: 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 under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer. Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants a. By signing and submitting this proposal, the prospective first tier 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 first tier 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 department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact,upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier 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," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "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" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a. grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first 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 entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos://www.el)ls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective 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. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission 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; (3) 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 (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective 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 - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) 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 remedies available to the Federal Government, the department, or agency with which 10 this transaction originated may pursue available remedies, including suspension and/or debarment. 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," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a 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' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). 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 exceeding the $25,000 threshold. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (htti)s://www.el)ls.govl), which is compiled by the General Services Administration. 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. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. IF ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. APPENDIX G VENDOR ELIGIBILTY CHECK PRIOR TO CONTRACT AWARD Appendix G -Vendor Eligibility Check Prior to Contract Award F:\Public Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\l-Admin\Bids\Bid Documents\IRC_1503_BID_CONTRACT_Add Date\APPENDIX G - Vendor Eligibilty Check Prior to Contract Award.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-91 Vendor Eligibility Check Prior to Contract Award PROCUREMENT 06/18 Project Description(s): Financial Project Number(s):_ In accordance with State law: Section 287.133(2)(b), Florida Statutes, provides that public entities may not contract with firms that have been excluded from participating in the public contracting process. A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017. F.S., for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), F.S. A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the convicted'vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. A contract award (reference 2 CFR 1200 and 2 CFR 180) must not be made to parties listed on the government -wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." Pursuant to 23 CFR 172.7(b)(3), a contracting agency shall verify suspension and debarment actions and eligibility status of consultants and subconsultants prior to entering into an agreement or, contract in accordance with 2 CFR part 1200 and 2 CFR part 180, when the identities of such subconsultants are known prior to execution of the subject agreement or contract. The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Convicted Vendor List/ Suspended Vendor List / Discriminatory Vendor List / Federal Excluded Parties List/ Vendor Complaint Lists are available at the following Department of Management Services site: _http://www.dms.mvflorida.com/business operations/state purchasing/vendor information/convicted suspended discriminatory complaints vendor lists Section 287.135, F.S. prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel. Section 287.135, F.S. also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, if the company is on either the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which are created pursuant to s. 215.473, F.S. Appendix G 37503091 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-91 Vendor Eligibility Check Prior to Contract Award PROCUREMENT osn a The List of Scrutinized Companies that Boycott Israel, and the Scrutinized List of Prohibited Companies (Activities in Sudan/Iran Petroleum Energy Sector) are available at the following Florida State Board of Administration site: https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates aspx I have checked the aforementioned lists that apply to this procurement, as applicable to verify that the vendor (and all subs where known) is eligible for contract award/execution: Procurement Office or Contracting Awarding Office: Printed Name Signature Date: Appendix G 37503091