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Home My WebLink About2020-127BCONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS BID NO. 2020037 PROJECT NO. IRC -1909 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 TABLE OF CONTENTS Section No. Title IRC -1909 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 CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor's Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00948 Work Change Directive Table of Contents - 00010 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0113idding Documents.docx IRC -1909 DIVISION 1 GENERAL REQUIREMENTS DIVISION 2 TECHNICAL PROVISIONS APPENDIX A PERMITS — No Permits required APPENDIX B IRC FERTILIZER ORDINANCES APPENDIX C INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION APPENDIX D SUBSURFACE SOIL EXPLORATION AND GEOTECHNICAL ENGINEERING EVALUATION + + END OF TABLE OF CONTENTS + + Table of Contents - 00010 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents.docx IRC -1909 SECTION 00100 — Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 18012 rh 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 Thursday, June 11, 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 " INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS and Bid No. 2020037". 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. INDIAN RIVER COUNTY PROJECT NO. IRC -1909 INDIAN RIVER COUNTY BID NO. 2020037 PROJECT DESCRIPTION: The proposed improvements to the intersection of Indian River Boulevard and 81 Street consist of the signalization of the intersection by installing mast arm assemblies with traffic signals, milling and resurfacing, installation of pedestrian crosswalks, sidewalk ramps and landings, associated signage and pavement markings, and sodding. 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 certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish Advertisement for Bids - 00100 - 1 F \Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents.dou IRC -1909 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 Thursday May 28, 2020 at 2:00 P.M., in the first floor conference room Al -303 of the Indian River County Administration Building located at 180127" Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE 1S 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 Date: 5-10-2020 and 5-17-2020 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 * * Advertisement for Bids - 00100 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_1 -_Bidding Documents.docx IRC -1909 SECTION 00101 —Statement of No Bid -_ b11 D 101C NOISED - 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 27th 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) Material 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: Statement of No Bid - 00101 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-AdminlBidsl8id Documents\DIV 0-1—Bidding Documenls.docx IRC -1909 SECTION 00200 — Instructions to Bidders TABLE OF CONTENTS Article No. - Title Page SECTION 00200 - Instructions to Bidders..................................................................................i ARTICLE 1 - DEFINED TERMS...................................................................................................1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS.......................................................................1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS..............................................................................1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE.......................................................................................................................2 ARTICLE 5 - PRE-BID CONFERENCE..........................................................................................4 ARTICLE 6 - SITE AND OTHER AREAS.......................................................................................4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA......................................................................4 ARTICLE8 - BID SECURITY.......................................................................................................5 ARTICLE 9 - CONTRACT TIMES.................................................................................................5 ARTICLE 10 - LIQUIDATED DAMAGES......................................................................................5 ARTICLE 11- SUBSTITUTE AND "OR -EQUAL" ITEMS...............................................................6 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS..................................................6 ARTICLE 13 - PREPARATION OF BID........................................................................................6 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS.................................................................7 ARTICLE 15 - SUBMITTAL OF BID.............................................................................................8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID......................................................8 ARTICLE 17 - OPENING OF BIDS..............................................................................................9 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE.....................................................9 ARTICLE 19 - AWARD OF CONTRACT.......................................................................................9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE.............................................................10 ARTICLE 21- SIGNING OF AGREEMENT..................................................................................10 Instructions to Bidders - 00200 - i F:\PubIicWorks\ENGINEERlNG DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0-1_Bidding Documents.dou IRC -1909 SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article AWARDOF CONTRACT..........................................................................................................19 BASIS OF BID; EVALUATION OF BIDS...................................................................................14 BIDSECURITY...........................................................................................................................8 BIDS TO REMAIN SUBJECT TO ACCEPTANCE.....................................................................18 CONTRACT SECURITY AND INSURANCE.............................................................................20 CONTRACTTIMES....................................................................................................................9 COPIES OF BIDDING DOCUMENTS.........................................................................................2 DEFINEDTERMS.......................................................................................................................1 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE..................4 INTERPRETATIONS AND ADDENDA........................................................................................7 LIQUIDATEDDAMAGES..........................................................................................................10 MODIFICATION AND WITHDRAWAL OF BID..........................................................................16 OPENINGOF BIDS..................................................................................................................17 PRE-BID CONFERENCE...........................................................................................................5 PREPARATIONOF BID...........................................................................................................13 QUALIFICATIONSOF BIDDERS................................................................................................3 SIGNINGOF AGREEMENT.....................................................................................................21 SITEAND OTHER AREAS.........................................................................................................6 SUBCONTRACTORS, SUPPLIERS, AND OTHERS................................................................12 SUBMITTALOF BID.................................................................................................................15 SUBSTITUTE AND "OR -EQUAL" ITEMS..................................................................................11 Instructions to Bidders - 00200 - ii FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents0rV 0_1_Bidding Documents.docx !RC -1909 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. Instructions to Bidders - 00200 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents.docx IRC -1909 3.02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning Instructions to Bidders - 00200 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents.docx IRC -1909 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(d)-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; Instructions to Bidders - 00200 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0113idding Documents.docx IRC -1909 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 the MANDATORY Pre -Bid conference, if any, 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 PURCHASING (purchasing(o)ircgov.com) in writing. Interpretations or clarifications considered Instructions to Bidders - 00200 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0113idding Documents.docx IRC -1909 necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.03 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 certified check; cashier's check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 91 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. Instructions to Bidders - 00200 - 5 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents.docx IRC -1909 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 Instructions to Bidders - 00200 - 6 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents.docx IRC -1909 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 riot 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 and Instructions to Bidders - 00200 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents.docx IRC -1909 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. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships. B. Sworn Statement under the Florida Trench Safety Act. C. Qualifications Questionnaire. D. List of Subcontractors. E. Certification Regarding Prohibition Against Contracting with Scrutinized Companies 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title and Bid Number (and, if applicable, the designated portion of the Project for which the Bid is submitted), Bid Number, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. Instructions to Bidders - 00200 - 8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 01 Bidding Documents.docz IRC -1909 ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non - responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all technicalities and informalities not involving price, time, or changes in the ork and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Instructions to Bidders - 00200 - 9 RAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_113idding Documents.docx IRC -1909 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. 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. 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. Instructions to Bidders - 00200 - 10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0113idding Documents.docx IRC -1909 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 * * Instructions to Bidders - 00200 - 11 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_1_13idding Documents.docx SECTION 00300 — Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE SECTION NUMBER Bid Form 1--m wS ed 00310 Bid Bond [n CI (?St -d 00430 Sworn Statement on Disclosure of Relationships tnC, c;W 00452 Sworn Statement Under the Florida Trench Safety Act (�C�CSCC� 00454 Qualifications Questionnaire tnOos(yl 00456 List of Subcontractors T nc �,) ' 00458 Certification Regarding Prohibition Against Contracting with Scrutinized Companies—EhOose j 00460 n hd I �- a - �- rdO ecl 14c) -- Ey)c%ecil . SUBMIT ONE (1) ORIGINAL AND ONE (1) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * Bid Package Contents - REV 04-07 — 00300 - 1 FAPublic Wo(WENGINEERING DIVISION PROJECTS11909 8th ST at IRB Signalizalion Improv\1-Adm1nl3ids\Bid DocumentslDIV 0_2_Bidding Documenls.docx SECTION 00310 — Bid Form PROJECT IDENTIFICATION: Project Name: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS County Project Number: IRC -1909 Bid Number: 2020037 Project Address: Intersection Indian River Blvd. & 8th Street Vero Beach, FL Project Description: The proposed improvements to the intersection of Indian River Boulevard and 8th Street consist of the signalization of the intersection by installing mast arm assemblies with traffic signals, milling and resurfacing, installation of pedestrian crosswalks, sidewalk ramps and landings, associated signage and pavement markings, and sodding. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 1800 27th Street VERO BEACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number MAY 18 2020 ONE JUNE 12020 TWO B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. Bid Form REV 04-07 - 00310 - 1 F:Wublic Vv"sIENGINEERING DIVISION PROJECTS11809 8th ST at IRB Signalization ImproAl-AdminlBids0d Dowments01V 0_2_Bidding Documents.docx 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] Bid Form REV 04-07 - 00310 - 2 F1Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_2 Bidding Documents.docx ITEMIZED BID SCHEDULE PROJECT NAME: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT NO. IRC -1909 BID NO. 2020037 FM NO. N/A BIDDER'S NAME: SUNSHINE LAND DESIGN, INC Item No.' Description '.Unit Unit Price Quantltv Amount ROADWAY PAY ITEMS 101-1 MOBILIZATION/ DEMOBILIZATION LS 66,044.00 1 $66,044.00 102-1 MAINTENANCE OF TRAFFIC LS 33,715.13 1 $33,715.13 104-2 PREVENTION, CONTROL & ABATEMENT OF EROSION AND WATER POLLUTION LS 12,457.50 1 $12,457.50 110-1-1 CLEARING & GRUBBING LS 27,500.00 1 $27,500.00 120-4 ISUBSOIL EXCAVATION CY 1 27'50 135 $3,712.50 120-6 EMBANKMENT CY 34. 07 250 $8,517.50 285-7-14 CEMENTED COQUINA LBR 100 15" SY 45.43 24 $1,090.32 327-70-6 ASPHALT PAVEMENT MILLING (1.5-1 SY 1 6.60 3,525 $23,265.00 337-7-83A ASPHALT CONCRETE FRICTION COURSE (FC -12.5) (TR -C) (PG 76-22) 1.5' TN 207.30 307 $63,641.10 337-7-83B ASPHALT CONCRETE STRUCTURAL COURSE SP -12.5) (TR -C) (1.5" TN 681.45 2 1,362.90 425-1-543 DBI INLET PED(J-BOTTOM) < 10' EA 9870.30 1 $ 9,870.30 425-2-41 MANHOLE P-7 < 10' EA 7550.73 1 $ 7,550.73 425-2-61 MANHOLE P-8 < 10' EA 6250.37 1 $6,250.37 425-2-71 MANHOLE J-7 < 10' EA 8335.64 1 $8,335.64 425-5 MANHOLE(ADJUST) EA 880.00 1 880.00 425-6 VALVE BOX (ADJUST)440.00 EA 1 $440.00 430-175-112 CONCRETE PIPE CULVERT 12"(S/CD) LF 84.28 16 $1,348.48 430-175-115 CONCRETE PIPE CULVERT 15"(S/CD) LF 84.29 26 $2,191.54 430-175-124 CONCRETE PIPE CULVERT 24"(S/CD) LF 96.00 148 $14,208.00 430-175-130 CONCRETE PIPE CULVERT 30"(S/CD) LF 124'22 38 $4,720.36 430-175-218 CONCRETE PIPE CULVERT 14"X23"(S/CD) LF 162.72 24 $3,905.28 430-984-125 MITERED END SECTION SD 18' EA 791.45 1 $791.45 430-984-129 MITERED END SECTION SD 24' EA 963.60 2 $1,927.20 522-2 CONCRETE SIDEWALK, FIBER REINFORCED 3000 PSI 6" THICK SY 59.40 272 $16,156.80 527-2 DETECTABLE WARNINGS SF 49.50 30 $1,485.00 570-1-2 PERFORMANCE TURF SOD Sy 6.60 3,104 $20,486.40 700-1-11 SINGLE POST SIGN F & I GM < 12 SF AS 653.40 1 $653.40 003103 F.Tublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid DocumentsWASTER ITEMIZED BID SCHEDULE ITEMIZED BID SCHEDULE PROJECT NAME: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT NO. IRC -1909 BID NO. 2020037 FM NO. N/A BIDDER'S NAME: Item No. Description Unit Unit Price Quantity Amount 700-1-60 SINGLE POST SIGN REMOVE AS 26.40 1 $26.40 706-1-1 RETRO -REFLECTIVE PAVEMENT MARKERS EA 6.60 75 $495.00 711-11-121 THERMOPLASTIC STD WHITE SOLID 6" LF 1.19 1,338 $1592.22 1'98 $607.86 711-11-123 THERMOPLASTIC STD WHITE SOLID 12" LF 307 5.28 $770.88 711-11-125 THERMOPLASTIC STD WHITE SOLID 24" LF 146 711-11-131 ITHERMOPLASTIC, STD WHITE SKIP (10'-30'),6" LF 1.19 217 $258.23 711-11-170 THERMOPLASTIC, STD, WHITE, ARROW EA 99.00 10 $990.00 711-11-221 THERMOPLASTIC STD YELLOW, SOLID 6" LF 1.19 614 730.66 $10.56 711-11-224 ITHERMOPLASTIC, STD YELLOW, SOLID 18" LF 1 2.64 4 1 SIGNALIZATION PAY ITEMS $2,213.75 630-2-11 CONDUIT SIGNAL F & I OPEN TRENCH LF 12.65 175 34.10 $12,105.50 630-2-12 CONDUIT SIGNAL F & I DIRECTIONAL BORE LF 355 6424.00 $ 6424.00 632-7-1 CABLE SIGNAL F & I PI 1 1034.00 $ 1034.00 632-7-6 CABLE SIGNAL REMOVE INTERSECTION PI 1 635-2-11 PULL BOX F & I RAFFIC SIGNAL EA 1 880.00 21 1 $18,480.00 ELECTRICAL POWER SERVICE (F & 1) (UNDERGROUND) (METER $ 1232.00 639-1-122 PURCHASED BY CONTRACTOR AS 1232.00 1 639-1-620 ELECTRICAL POWER SERVICE REMOVE UNDERGROUND AS 429.00 1 $ 429.00 $ 220.00 639-2-1 ELECTRICAL SERVICE WIRE F & I LS 220.00 1 639-3-11 1 ELECTRICAL SERVICE DISCONNECT F & I POLE MOUNTED EA 693.00 1 $ 693.00 641-2-12 PRESTRESSED CONC. POLE F & I PE P -II SERVICE POLE EA 1 1067.00 1 $ 1067.00 641-2-80 PRESTRESSED CONC. POLE REMOVE COMPLETE EA 4411.00 4 17,644.00 $4125.00 646-1-11 JALUMINUM SIGNALS POLE PEDESTAL EA 1375.00 3 $36,124.00 649-21-01 STEEL MAST ARM ASSEMBLY F & I 30' ARM EA 36,124.00 1 649-21-03 STEEL MAST ARM ASSEMBLY F & I 40' ARM EA 43.131.00 1 $43,131.00 649-21-10 STEEL MAST ARM ASSEMBLY F & I 60' ARM EA 54,472.00 2 $108,944.00 $ 9,207.00 650-1-14 TRAFFIC SIGNAL F & I 3 -SECTION 1 -WA STANDARD ALUMINUM AS 1023.00 9 TRAFFIC SIGNAL (F & 1) (4 -SECTION) (STRAIGHT) (STANDARD) $2398.00 650-1-16 ALUMINUM AS 1199.00 2 671.00 $1,342.00 653-1-11 PEDESTRIAN SIGNAL F & I LED -COUNTDOWN 1 -WA AS 2 1331.00 $1,331.00 653-1-12 PEDESTRIAN SIGNAL F & I LED -COUNTDOWN 2 -WA AS 1 1 00310-4 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalizalion Improv\1-Admin\Bids\Bid DocumentsVAASTER ITEMIZED BID SCHEDULE ITEMIZED BID SCHEDULE PROJECT NAME: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT NO. IRC -1909 BID NO. 2020037 FM NO. NIA BIDDER'S NAME: Item No. Description Unit Unit Price Quantity Amount 660-411 VEHICLE DETECTION VIDEO (F&I) (CABINET EQUIPMENT) EA 5126.00 1 $5,126.00 $27,280.00 660A-12 VEHICLE DETECTION VIDEO (F&I) (ABOVE GROUND EQUIPMENT) EA 6820.00 4 154.00 $616.00 665-1-11 PEDESTRIAN DETECTOR F & I POLE/PEDESTAL MOUNTED EA 4 TRAFFIC CONTROLLER ASSEMBLY (F & 1) (NEMA) (TYPE 5) (ONE $31,526.00 670-5-111 PREEMPTION PLAN) AS 31526.00 1 TRAFFIC CONTROLLER ASSEMBLY (REMOVE) (CONTROLLER WITH 670-5-600 CABINET) PLUS PAD AS 517.00 1 $517.00 ITS CCN CAMERA (F & 1) (DOME ENCLOSURE, PTZ) (NON -6039.00 6039.00 $ 682-1-133 PRESSURIZED IP HD EA 1 $2838.00 684-1-1 MANAGED FIELD ETHERNET SWITCH F & I EA 2838.00 1 WIRELESS COMMUNICATION DEVICE (FURNISH ONLY) (ETHERNET 2981.00 $11,924.00 684-6-11 ACCESS POINT)EA 4 UNINTERRUPTIBLE POWER SUPPLY (F & 1) (LINE INTERACTIVE WITH $7326.00 685-1-13 CABINET) EA 7326.00 1 700-5-22 INTERNALLY ILLUMINATED STREET NAME SIGN EA 2739.00 6 $16,434.00 0. 44 $2372.04 715-1-11 LIGHTING CONDUCTORS F & I INSULATED No. 10 OR < LF 5,391 1386.00 $5,544.00 715-5-31 LUMINAIRE & BRACKET ARM F & I EA 4 999-1 CONSTRUCTION LAYOUT/ RECORD DRAWINGS LS 9900.00 1 $9,900.00 INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS SUB TOTAL $743,575.00 999-25 1 FORCE ACCOUNT 55,000.00 TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT TOTAL 798,575.00 LS=Lump Sum EA=Each PI=Per Intersection AS=Assembly SF= Square Foot SY=Square Yard GAL=Gallon LF=Linear Foot CY=Cubic Yard TN=TON 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, SEVEN HUNDRED NINETY EIGHT THOUSAND, FIVE HUNDRED SEVENTY FIVE DOLLARS AND ZERO CENTS 003105 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signafizalion Improv\t-Admin\8ids\Bid DocumentsUNASTER 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 11.03.13 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Itemized Bid Schedule; B. Required Bid security in the form of FIVE PERCENT BID BOND C. Sworn Statement under Section 105.08, Indian River 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 DIV 0_2_13idding DocumentsBid Form - 00310 - 6 F:Wublic WorkslENGINEERING DIVISION PROJECTS11909 8th ST at IRB Signalization Impf0A1-Admin\BidMBid Documents\DIV 0_2 Bidding Documents.docx 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 JUNE 11 State Contractor License No. If Bidder is: An Individual Name (typed or printed): Bv: (Individual's signature) Doing business as: Business address: Phone No.: Email: —'20 20. CGC-1518885 NOT APPLICABLE FAX No.: (SEAL) A Partnership Partnership Name: NOT APPLICABLE (SEAL) By: (Signature of general partner— attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No.: Email: A Corporation SUNSHINE LAND DESIGN, INC Corporation Name: (SEAL) State of Incorporation: FLORIDA Type (General Business, Pro((essional, Service, Limited Liability): GENERAL BUSINESS By: (Signature — a h ei r Name (typed or printed): Title- VICE PRE IDENT Attest ce of authority to sign) MARGARET FENTON r (Signatdre of Corporate SecretarylJ Business address: 3291 SE LIONEL TERRACE STUART FLORIDA 34997 Phone No.: 772-283-2648 FAX No.: 772-283-8944 Email: MFENTONPSUNSHINELANDDESIGN COM Date of Qualification to do business is JULY 1, 1985 (CORPORATE SEAL) DIV 0_2_13idding DocumentsBid Form - 00310 - 7 F:\Pubkc Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signallzalion Impr0v\1-Admin\8ids1Bld Dowmenls\DIV 0_2_Bidding Dowments.dou A Joint Venture Joint Venture Name: By: NOT APPLICABLE (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Email: Joint Venture Name: M 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 * * DIV 0-2—Bidding DocumentsBid Form - 00310 - 8 FAIRubYc WorWENGINEERING DIVISION PROJECTSM09 8th ST at IRB Slgnalization Improv\1-Adminl0ids\8id Documents%DIV 0_2_Bldding Documenls.docx Document A3/0 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 CONTRACTOR: (Name, legal status and address) Sunshine Land Design, Inc. 3291 SE Lionel Terrace Stuart, FL 34997 OWNER: (Nacre, legal status and address) Indian River County 1800 27th Street Vero Beach, FL 32960 BOND AMOUNT: 5% SURETY: (Name, legal status and principal place of hucine.-s) Philadelphia Indemnity Insurance Company One Bala Plaza East, Suite 100 Bala Cynwyd, PA 19004-1403 Mailing Address for Notices One Bala Plaza East, Suite 100 Bala Cynwyd, PA 19004-1403 Five Percent of Amount Bid PROJECT: Wame. localiouoraddn:ss, andProjcctnumber, ifan)j Indian River Boulevard and 8th Street Signalization BID No: 2020-037 This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of tlmis Bond arc such that if the Owner accepts the bid of ilia Contractor within the time specified in ilia bid documents, or within such tine period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contmet Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perlbrin the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full tiuce and e1kct. Tire Surety hereby waives any notice of an agreement between the Owner and Contractor to extend ilia time in which die Owner may accept lime bid. Waiver ol'notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance ol'bids specified in the bid document.,, and the Owner and Contractor shall obtain the Surety's consent fur an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the tcnn Contractor in this Bond shall be deemed to be Subcontractor and the tart Owner shall be deemed to be Contractor. When this Bond has been l'umished to comply with a statutory or other legal requirement in the locution of the Project. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefirom and pn»visions confioniing to such statutory or other legal requirement shall be deemed incorporated herein. When so I'umished, the intent is that this Bond shall beconstrued as a statutory bond and not as a common lav bond. Signed and stated this 10th day of June, 2020. XYU�9--A �k*'V�� (INitnecr) Annette Wisong S-0054/AS 8110 Sunshine Land Design, Inc. (Principal) (Seal) B: Mile) V Ic (SSI d VA Philadelphia Indemnity Insurance Company (,tiurel}) (Seal) By: ml at ker , Attorney itr=Farms 777 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Sarah Hancock, Steven L. Swords Joseph R Williams Annette Wisone Kathryn Kleinschmidt and Kate Longaker, of USI Insurance Services National Inc its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14ih of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER, 2017. e`er (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27'^ day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL M ,9-Kn4PP,Notary Public Laver IV—, T Notary Public: -P.. Manlgorery Ccunly 11K.—.— E -Pi— SeP1.25.2021 �4W R.iEvvyrtvu„ 550Wi[Mr OF lqf residing at: (Notary Seal) My commission expires: Bala Cynwyd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attomey issued pursuant thereto on the 27'h day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 94 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY a SECTION 00452 — Sworn Statement on Disclosure of Relationships 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. 2020037 for INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS This sworn statement is submitted by: whose business address is: SUNSHINE LAND DESIGN, INC (Name of entity submitting Statement) 3291 SE LIONEL TERRACE, STUART FLORIDA 34997 3. My name is MARGARET FENTON (Please print name of individual signing) and my relationship to the entity named above is VICE 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. 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.] XX 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. Sworn Statement of Disclosure of Relationships - 00452-1 I'APublic WorksTNGINEERING DIVISION PROJECTSM09 Kh ST at IRB Signalization Improv\1-Adm1nTids\Bid Documents\DIV 0_2—Bidding Documenls.docx , 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 FLORIDA COUNTY OF MARTIN Name of County Commissioner or employee Relationship "-L�ja� (Signa re) 6.11.20 (Date) 11 The foregoing instrument was acknowledged before me this day of JUNE M20 MARGARET FENTON who is personally known to me or who has produced as identification. N - TARY PUBLIQ SIGN: PRINT: l— I Notary Public, State at large My Commission Expires: by (Seal) ;,�a."oe`., FRANKIETAYLOR Notary Public • State of Florica Commission: GG 272847 orrt°`' My Comm. Expires Feb 20, 2023 Bonded through National Notary Assn,, Sworn Statement of Disclosure of Relationships - 00452-2 F:Tublic WotWENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Slgnalization ImproNl•AdmintBidslBld DocumentsIDIV 0 2 Bidding Documents.docx 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. This Sworn Statement is submitted with Project No. IRC -1909 for INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS 2. This Sworn Statement is submitted by SUNSHINE LAND DESIGN, INC Le al Name of Entity Submitting Sworn Statement) 3291 SE LIONEL TERRACE, STUART OCIAIDA 3497 , hereinafter "BIDDER". The BIDDER's address is _ BIDDER's Federal Employer Identification Number (FEIN) is 59-2712892 3. My name is MARGARET FENTON and my relationship to the BIDDER (Print Name of Individual Signing) is VICE 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 $ 0 .oc) based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 7. The BIDDER has allocated and included in its bid the total amount of $�3a10�•�� based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project:5 Q I (\ Florida Trench Safety Act - REV 04-07 - 00454 - 1 FAPubfic WorMENGINEERING DIVISION PROJECTS\1909 Bih ST at IRB Signalizatlon Improv\i-Admin\Bids\Bid Documents\DIV 0_2_Bidding Documenls.docx �a� The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: SUNSHINE LAND DESIGN, INC By: Vt-- Position or Title: 0ICE PR SIDENT Date: 6.11.20 STATE OF FLORIDA COUNTY OF MARTIN MARGARET FENTON Personally appeared before me, the undersigned authority, who after first being sworn by me, affixed his/her signature in the space provided above on this 11 day of JUNE , 2020 Notary Yublic, State at large My Commission Expires: 0ILI :ty•., FRANKIE TAYD272847 `?'j• , ;,�1 Notary Public - State Commission N GGMy Comm. Expires FeEND OF SECTION Bonded through National Florida Trench Safety Act - REV 04-07 - 00454 - 2 FAPublic WorkMENGINEERING DIVISION PROJECTS11909 8th ST at IRB Signalization ImproA1-Admin\8ids\Bid Documenls\DIV 0_2_13idding Documenls.docx SECTION 00456 — QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. Documentation Submitted with Project No: IRC -1909 Project Name: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS Bidder's Name / Address: SUNSHINE LAND DESIGN, INC 3291 SE LIONEL TERRACE, STUART FL, 34997 2. Bidder's Telephone & FAX Numbers: 772-283-8944 FAX:772-283-8944 Licensing and Corporate Status: YES a. Is Contractor License current? b. Bidder's Contractor License No: CG -1518885 [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. SEE ATTACHED. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 20 YEARS 5. What is the last project OF THIS NATURE that the firm has completed? CITY OF PORT ST LUCIE PORT ST LUCIE BLVD AND GATLIN BLVD INTERSECTION IMPROVEMENTS - 2019 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? YES [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? YES [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.] Has the firm implemented a drug-free workplace program in compliance with Florida Statute 287.087? YES Qualifications Questionnaire - 00456 - 1 F:1Pub1ic Worlcs%ENGINEERING DIVISION PROJECTS11909 8th ST at IRB Slgnalization Impro01-Admin1Bids\9id DocumentsUIV 0_2_Bidding Documents.docx 10 11. 12. 13, 14. 15. 16. 17. 18. 19. (In the case of a tie, preference will be given to businesses with drug-free workplace programs) Hass 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.] Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. PROVIDED IN CONFIDENTIAL ENVELOPE 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 Owners telephone number for each project in which a default occurred.] Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. PROJECT SCHEDULE Name of person who inspected the site of the proposed work for the firm: Name: TIMOTHY TAYLOR Date of Inspections: JUNE 2020 Name of on-site Project Foreman: IVAN PUAC/ALEX ROBLERRO Number of years of experience with similar projects as a Project Foreman: 7 YEARS Name of Project Manager: EDELSO ORTIZ Number of years of experience with similar projects as a Project Manager: 20 YEARS State your total bonding capacity: State your bonding capacity per job: 10 MILLION 6 MILLION Please provide name, address, telephone number, and contact person of your bonding company: USI INSURANCE 3475 PIEDMONT ROAD SUITE 800, ATLANTA GA 30305 ACCOUNT MGR - KATE LONGAKER 470-875-0568 [The remainder of this page was left blank intentionally] Qualifications Questionnaire - 00456 - 2 FAPublic Works%ENGINEERING DIVISION PROJECTSl1909 8lh ST at IRB Signalization ImproAl-AdminlBidsWid DocumenlslDIV 0_2_Bidding Documerds.docx w 0 43 O CL U) O v- (B m c .3 0 0 a Q 0 U 0) 4 co M M Ql r+ �+ C p 00 r4 lD N a Q1 p [f C = O O h r -I RT Q1 N p Ql O U 00Ln mm h p N o0 RS Q i/} r-1 ti ri � C -k4 r 4 CD co in ry ri V f�4 C = 00 M cn N eai O p U p OLn at O ^ cn ol ra E Q ^ 0` 0 con ^ c h coo 00 o Ln i Iz m N M M O d Q CC C O y Ln LO O Za. w O LL. = J LL c N u v H � Z Z LL Z O to w O oc a t= i CdJ o c'' LLAa O p a d O Q. a W N w O V N F- ^ w m M W 2 V Oo Z Z h CaJ a "' ren u J , z CdJ � Y O h rr Lu cn O N S U , o o z A r- � Z w � m= z tD 0 Y :T CO 2 Co CC 0o W N C E U W (n N W D: N w Q Z N Y h c~n O N >� N Cal = N O c" Z cn Z N LU � LUN z w N Y h Y LL LL h Y Y h S rN. J J h Q^ h W h Y � h o z z z 3 mF- > LLJ o o O W > O � n z Z Z z LL O � ►-- Q a CC z z — U 00 ID R O O O N 00 O N w N N D N 0}C N -' m o U Q O ¢ O C7 Q Q LL -w o Z z J Q a O cC9 f- g = o QZ O O 0 w �. LL > O a > -' F- N cnZ Z w N p f- m Ln J OG' O Q W W Z O W W W W to W UJ —> 06 0 > 2 UJ w W W LU Z�w m z V E R o:mN Z O J JAW Z> � a. Z O N> C7 O LL Z a Z N a Q Q O= LL O= Z Q Cr J C O z cca Z G LL F - Ln w V 3291 S. E. Lionel Terrace, Stuart, Florida In reference to Question 7 and 8 7. Has the firm ever been assessed liquidated damages? 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? For a project completed in 2010, our firm was assessed 8 days of liquidated damages for exceeding the allowed contract time. No other exceptions have occurred during our company's thirty year history. Project: Humiston Park Owner: City of Vero Beach Contact: Matthew Mitts 772-978-4816 In reference to Question 8: Has the firm ever been charged by OSHA for violating any OSHA regulations? With a workforce of nearly 100 employees, Sunshine Land Design, Inc. is a labor intensive company working in excess of 5,000 hours a week. With an excellent safety record, our accident to work ratio is exceptional. Each week, our employees conduct tool box talks with hand outs pointing specifically to MSDS location and usage; copies of them can be reviewed every Monday at the job site. Our Safety Manager conducts monthly safety meetings with intense emphasis on hazardous conditions. In October 2010, an OSHA Officer made a site inspection at one of our job -sites. The visit resulted in five non -life threatening infractions that ranged in nature from missing MSDS sheets, site specific safety program and trench safety. Two of the five citations were corrected that day, on-site, with the remaining three fully and completely abated to 100% of OSHA's satisfaction well within the correction period. No other exceptions have occurred. Please do not hesitate to contact our office, should you require additional information. Project: Woodlawn Park Improvements Owner: City of Stuart Contact: Bill Reinert 772-288-2927 OR Sam Amerson 772-288-5331 www.SunshineLandDesign.com (772) 283-2648 office (772) 283-8944 fax Page 1 r -v 3291 S. E. Lionel Terrace, Stuart, Florida 34997 CURRENT WnRV i nen Project Name: -- — Annual City wide Curb & Project Name: %0""JIruwv vvvr-%n Federal Hwy Median Gutter Landscape Improvements Owner City Of Port St Lucie Owner City of Stuart Description Misc Sidewalk and Curb Description Concrete and Landscape projects. Improvements Prime Contractor Sunshine Land Design, Inc Prime Contractor Sunshine Land Design, Inc Contract Amount Projects do no exceed Contract Amount $248,486.02 $306,798.00 Start Date Jan, 2019 Start Date MAY 2019 Complete Annual Project % Complete Upcoming Project Name: Mapp Road Town Center Project Name: Improvements Owner Martin County Owner Description Roadway, drainage, concrete, Description landscape, irrigation and amenities. Prime Contractor Sunshine Land Design, Inc Prime Contractor Contract Amount $ 5,686,311.46 Contract Amount Start Date APRIL 27 2020 Start Date Complete 0.66% % Complete OUR CURRENT JOBS AND UPCOMING WORK ARE ON SCHEDULE. SUNSHINE LAND DESIGN, INC., HAS ADEQUATE WORKFORCE AND EQUIPMENT AVAILABLE TO CARRY THE WORKLOAD OF THIS CONTRACT. OUR MANAGEMENT TEAM SHALL STRATEGICALLY SCHEDULE AND SUFFICIENTLY STAFF THIS CONTRACT TO DELIVER A PROFESSIONAL SERVICE IN A TIME MANNER PER THE CONTRACT SPECIFICATION. SUNSHINE LAND DESIGN, INC— CURRENT EMPLOYEE COUNT 110 www.SunshineLandDesign.com (772) 283-2648 Office (772) 283-8944 Fax 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 -1909 for INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS Note: Attach additional sheets if required. * * END OF SECTION * * List of Subcontractors REV 3-18A - 00458 - 1 F1Public WorksIENGINEERING DIVISION PROJECTSM09 8th ST at IRB Signalization Improv\1-Admin%Bidsl8id DocumentslDlV 0_2_13idding Documents.docx Work to be Performed Subcontractor's Name/Address Portion of Work 1 TRAFFIC SIGNALIZATION CARR CONSTRUCTION, OKEECHOBEE FL, 45 2. ASBUILTS AND SURVEY ATLAS SURVEYING & MAPPING, INC WPB, FL 3. STRIPING SOUTHWIDE STRIPING, WEST PALM BEACH FL 1 � 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. :14.1 Note: Attach additional sheets if required. * * END OF SECTION * * List of Subcontractors REV 3-18A - 00458 - 1 F1Public WorksIENGINEERING DIVISION PROJECTSM09 8th ST at IRB Signalization Improv\1-Admin%Bidsl8id DocumentslDlV 0_2_13idding Documents.docx 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 Rgspondent: MARGARET FENTON By: r v (Authorized Signat ) Title: VICE PRESIDENT Date: 06.11.20 Certification Regarding Prohibition Against Contracting - 00460 - t P1Public WorkMENGINEERING DIVISION PROJECTSX1909 8th ST at IRB Signalization ImproAl-Admin0cislBid DocumentslDIV 0_2_Bidding Documents.docx BOARD OF COUNTY COMMISSIONERS G t OR101' July 15, 2020 Sunshine Land Design, Inc. Attn: Ms. Margaret Fenton 3291 SE Lionel Terrace via Email Stuart, Florida 34997 mfenton@sunshinelanddesign.com NOTICE OF AWARD Reference: Indian River County Bid No. 2020037 Indian River Boulevard & S"' Street Signalization Improvements Dear Ms. Fenton: It is my pleasure to inform you that on July 14, 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 ($798,575.00). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance indicating coverage required by Article 5 of the General Conditions (section 00700 of the bid documents) and Supplemental Conditions (Section 00800 of the bid documents). Certificate(s) must name Indian River County as additional insured and must provide fora 30 day Notice of Cancellation. 4. W-9. 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 July 30, 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, Jennifer yde Purchasing Manager Cc: Project Manager Office of Management and Budget • Purchasing Division 1800 27" Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140 E-mail: purchasing@ircgov.com 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet and sheets numbered 1 through 16, inclusive, with each sheet bearing the following general title: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits (no permits required) Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction Appendix D — Subsurface Soil Exploration and Geotechnical Engineering Evaluation 15. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive); 16. Bid Bond (page 00430-1); 17. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive); 18. List of Subcontractors (page 00458-1); 19. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 20. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 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); 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 Agreement (Public Works) REV 04-07 - 00520 - 7 HABids\2019-2020 FY (2020000)\2020037 8th Street and IRBlvd Signalizabon\00520 -Agreement (Public Works) Sample.docx A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (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 Agreement (Public Works) REV 04-07 - 00520 - 8 H1Bids\2019-2020 FY (2020000)\2020037 8th Street and IRBlvd Signal iza6 on\00520 - Agreement (Public Works) Sample. docx 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. Agreement (Public Works) REV 04-07 - 00520 - 9 H:\Bids\2019-2020 FY (2020000)\2020037 8th Street and IRBlvd Signalizabon\00520 - Agreement (Public Works) Sample.docx B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(cDircgov.com Indian River County Office of the County Attorney 1801 27' Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] Agreement (Public Works) REV 04-07 - 00520 - 10 H:\Bids\2019-2020 FY (2020000)\2020037 8th Street and IRBlvd Signalizati on\00520 - Agreement (Public Works) Sample.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 July 14, 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: INDIAN RIVER COUNTY s*'; u n Adam ireiah. may.. i Jason f. Bpwn, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIEN Y: By: /1W ylan R ingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: J &" 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 CONTRACTOR: Ll r C Ll By: (Contr ctor) (CORPORATE SEAL) Attest Address for giving notices: 3Z91 5C Q co, i --e rr- X43- .cxr f , 1:1- ay !j9'7 License No. (o 1 L is -1 90 (Where applicable) Agent for service of process: Designated Representative: Name: MQ.rCcult+- rf-A+oo Title: VI— Address: 32- 1 5� U orn e. l T.errr. . r+ f::7L'- 3y9,11'1 Phone: -7-7 Z -2 83-ZLoyS Facsimile: `7"T 2-283-69(41-/ (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * Agreement (Public Works) REV 04-07 - 00520 - 11 H:\Bids\2019-2020 FY (2020000)\2020037 8th Street and IRBlvd Signal izati on\00520 - Agreement (Public Works) Sample. docx SECTION 00550 - Notice to Proceed TO: Dated ( ADDRESS: BIDDER) Contract For: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS (Insert name of Contract as it appears in the Contract Documents) Project No: IRC -1909 FM No: N/A IRC Bid No. 2020037 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 240 calendar days for Substantial Completion of this project and 270 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) Notice to Proceed REV 04-07 00550 - 1 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_3 Contract Forrns.docx SECTION 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. Public Construction Bond - 00610 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0 3 Contract Fonns.docx 3120200047059 RECORDED IN THE PUBLIC RECORDS OF Public Work JEFFREY R SMITH, CLERK OF COURT F.S. Chapter 255.05 (1)(ayNDIAN RIVER COUNTY FL Cover Page BK: 3328 PG: 477 Page 1 of 3 8/13/2020 2:18 PM 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: PB000581O0089 CONTRACTOR NAME: Sunshine Land Design, Inc. CONTRACTOR ADDRESS: 3291 S.E. Lionel Terrace Stuart, FL 34997 CONTRACTOR PHONE NO: 772.283.2648 SURETY COMPANY NAME: Philadelphia Indemnity Insurance Company SURETY PRINCIPAL One Bala Plaza East Suite 100 BUSINESS ADDRESS: Bala Cynwyd. PA 19004 SURETY PHONE NO: 610.206.7836 OWNER NAME: Indian River County OWNER ADDRESS: 1800 27th Street Vero Beach, FL 32960 OWNER PHONE NO: 772.226.1416 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $798,575.00 (Seven Hundred Ninety-eight Thousand Five Hundred Seventy-five 00/100) CONTRACT NO: Bid No. 2020037 (If applicable) DESCRIPTION OF WORK: Indian River Boulevard & 8th Street Sianalization Improvements PROJECT LOCATION: 8th Street & Indian River Boulevard, Vero Beach, FL 32962 LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Public Construction Bond - 00610 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signelization Improv\t-Admin\Bids\Bid Documents\DIV 0_3_Contract Forms.docx PUBLIC CONSTRUCTION BOND Bond No. PB00058100089 (enter bond number) Sunshine land Design, Philadelphia Indemnity BY THIS BOND, We Inc., as Principal and Insurance Comoanv a corporation, as Surety, are bound to Indian River County , herein called Owner, in the sum of $ 798,575.00 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated July 14,, 2020 , between Principal and Owner for construction of **See below** , 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. **Indian River Boulevard & 8th Street Signalization Improvements** DATED ON August 5, 2020 Sunshi a Land Design, Inc., :1 J B (Nar& of P nci al Philadelphia Indemnity Insurance Company ^Sdrety, 4J 4 Annette Wisong, Attor ytin:Fa�t 10 `� ... Public Construction Bond - 00610 - 3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_3_Contract Forms.docx PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Sarah Hancock, Joseph R. Williams, Annette Wisona Kathryn Kleinschmidt and Kate Lonxaker, of USI Insurance Services National Inc its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, Issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000.000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27r" DAY OF OCTOBER, 2017. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27' day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. C(11A110NMFALT+Uf YE' SY VM1VI Norueu�stnl. N3.ganM�pp. Nulxy P iE Nota Public: +I.grvnr 4'llgn lrp.FlunlgoRO�yCoVn1Y Notary U A'.YCO.Trlitlbl!E\{1jItN Sell aS,?OLI � lVY � .l�µM�6.UG4fiD11b71 I residing at: (Notary Seal) My commission expires: Bala Cynwyd, PA SSeptember 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27i6 day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 5 day of August , 20 20. Edward Sayago, Corporate Secretary - > PHILADELPHIA INDEMNITY INSURANCE COMPANY ty _ _ SUNSLAN-03 DKLAUS A`" O„ O CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYYI TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR 8/6/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER R V Johnson Agency, Inc. 2041 SE Ocean Blvd NAMEACT PHONE FAX (AIC, No, Eml: (772) 287-3366 (AIC, No1:(772) 287-4255 Stuart, FL 34996 AMss. info@rvjohnson.com ADOR INSURERS AFFORDING COVERAGE NAIC p INSURER A: Southern Owners Insurance 10190 INSURED INSURER B:Progressive Express Ins Co 02962 INSURER C:StarStone National Ins Co. Harborside Financial Ctr Sunshine Land Design, Inc. 3291 SE Lionel Terrace Stuart, FL 34997 INSURER D:Brid efield Employers Ins. 10701 INSURER E: INSURER F COVEkAut:5 CERTIFICATE NUMBER: REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR LTR A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR ADDL I SD X SUER WVD POLICY NUMBER 72436125 POLICY EFF MM/ n'YYYl 7/30/2020 POLICY EXP IMMIDD/YYYY1 7/30/2021 LIMITS EACH OCCURRENCE $ 1,000,000 DDAAMAGPREMI�E TO aENTED e $ 100,000 MED EXP An one erson $ 5,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY a JECOT- D LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 COMBINED SINGLE LIMIT 1,000,000 'AlS BS OTHER AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY X AUTOS AIRED NWND U OS ONLY ATOS ONLY X 02416933-0 7/25/2020 7/25/2021 BODILY INJURY Perperson) S BODILY INJURY Per accident $ PROPERTY AMAGE Per accident S S EACH OCCURRENCE $ 1,000,000 C D X UMBRELLA LIAR X OCCUR EXCESS LIAB CLAIMS -MADE -a.. ! A 170854202ALI 830-56011 7/30/2020 11/1/2019 7/30/2021 11/1/2020 AGGREGATE S 1,000,000 TX RETENTIONS 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER NECUTIVE ❑ OFFICER/MEMBER EXCLUDED?N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below S 1,000,000 X PER OTH- � T E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is listed as additional insured. Project: Indian River County Bid No. 2020037 Indian River Boulevard & 8th Street Signalization Improvements r`C0T1t71l c7 -1 --- Indian River County 1600 27th Street Vero Beach, FL 32960 AcnRn ?S I,)ndClnat SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional insured endorsement , >s� Illf C0MMERCIAl Policy number: 024169330 Undenv;r;ueo by Proyressive Express Insurance Co. Insured: SUNSHINE 1-44N1) DESIGN INC August 6, 2020 Pulp Period: 0712512020 - 07;25,12021 Mailing Address Progressive Expresslnsuran<e Co. PO 2 om 94739 Cleveland, OH 44101 1-800-444-4487 Name of Person or Organization For custurrler ser,:ice; 24 hums a day, INDIAN RIVER COUNTY ' days a week 1800 27TH ST VERO BEACH FL 32960 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable forthe conduct of another insured and then only to the extent of that liability. We also agree v4ith you that insurance provided by this endorsement ,vill be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury each person/ each accident Property Damage each accident Combined Liability $1,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 024'169330 Issued to (Name of Insured): SUNSHINE LAND DESIGN INC Effective date of endorsement: 08;06,12020 Policy expiration date: 070S/2021 ronr 1198 (01104) r,r_cL SECTION 00622 - Contractor's Application for Payment 69TH STREET FROM 66TH AVENUE TO SR5/US-1, RESURFACING Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Project No.: IRC -1909 FM No.: N/A Bid No.: 2020037 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): 59 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor ana 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; Contractor's Application for Partial Payment - 06-09 rev - 00622 - 1 FAloublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_3 Contract Forms.docx 2. Updated Construction Schedule per Specification Section 01310. Dated STATE OF FLORIDA COUNTY OF INDIAN RIVER 0 Page 2 of 5 (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 or has produced as identification. NOTARY PUBLIC: Printed name: Commission No.: Commission Expiration: **************************************************************************************************** [The remainder of this page was left blank intentionally] Contractor's Application for Partial Payment - 06-09 rev - 00622 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS1,1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_3 Contract Forms.docx SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: Page 3 of 5 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: STATE OF FLORIDA (Affix Corporate SEAL) 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] Contractor's Application for Partial Payment - 06-09 rev - 00622 - 3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0-3—contract Forms.docx Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE **************************************************************************************************** [The Remainder of This Page Was Left Blank Intentionally] Contractor's Application for Partial Payment - 06-09 rev - 00622 - 4 F \Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_3 Contract Forms.docx Page 5of5 ATTACHMENT A 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): Contractor's Application for Partial Payment - 06-09 rev - 00622 - 5 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_3 Contract Forms.docx 0 O O) � O Uz ctC:— O o m Z .� U Q N O' O Q ^L +� I..L Q� E LL 7 0 PAGE 00622-6 o 0 0 0 0 0 Gos v3 ..s vi Sri ds 7 0 PAGE 00622-6 SECTION 00630 - Certificate of Substantial Completion Date of Issuance: , 20 OWNER: Indian River County CONTRACTOR: CONTRACT FOR: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS Project No.: IRC -1909 FM No.: N/A Project Description: The proposed improvements to the intersection of Indian River Boulevard and 8th Street consist of the signalization of the intersection by installing mast arm assemblies with traffic signals milling and resurfacing installation of pedestrian crosswalks sidewalk ramps and landings associated signage and pavement markings and sodding. OWNER's Bid No. 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. Certificate of Substantial Completion REV 04-07 - 00630 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0 3 Contract Forrns.docx 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: :2 (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 (Authorized Signature) * * END OF SECTION * * Certificate of Substantial Completion REV 04-07 - 00630 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_3 Contract Forms.docx SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT NO: IRC -1909 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. Contractor's Final Certification of the Work - 00632-1 I'APublic Works\ENGINEERING DIVISION PROJECTS1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0-3—Contract Forms.docx 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) 0 Subscribed and sworn to before me this _ day of 20 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + Contractor's Final Certification of the Work - 00632-2 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0-3—Contract Forms.dou 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: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT # IRC -1909 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] 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: (SURVEYOR'S SEAL) DIV 0 3 Contract Forms - 00634 - 1 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_3 Contract Forms.docx 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER --The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant --An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 22. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulat- ions --Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion 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 condi- tions 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. 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 General Conditions - 00700 - 2 F:\Pub1icWorks\ENGINEER1NG DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1 -Ad min\Bids\Bid Documents\DIV 0_4_Conditions of the Contract. docx 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 Docu- ments 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, ambigu- ity, 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 Amend- ment; (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: (0) a Field n ; (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 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 Regula- tions. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for General Conditions - 00700 - 6 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or 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 riot 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. 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 CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require change in the Contract Documents; or 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 inher- ent 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: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or General Conditions - 00700 - 7 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx 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 Docu- ments 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 required 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 completeness 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. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, 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 Under- ground 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 conse- quences. 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 CON- TRACTOR to proceed with the Work. CONTRACTOR 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 General Conditions - 00700 - 8 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Impr0v\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract.docx 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 riot 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 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 ENGI- NEER (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 `,Mork 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 accor- dance 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 consequences of that individual's or entity's own negligence. General Conditions - 00700 - 9 F:\Public Works \ ENG I NEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract.docx 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 negli- gence. 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 B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise 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 5.01.13, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.13 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. 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be per- formed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages 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 General Conditions - 00700 - 10 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1 -Ad min\Bids\Bid Documents\DIV 0-4_Conditions of the Contract.docx 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 inclusive, 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 Supplementary Condi- tions, all of whom shall be listed as additional insureds, and include coverage for the respec- tive officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such addi- tional 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 certificate 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 Supple- mentary 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 MM r9W_1r. General Conditions - 00700 - 11 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 Bth ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx maybe SpeGifiGally—Feed _4Di `-44e 3. ORG16i a enpeRSeS iRGUrred „ the— of D. OWNER shall not be responsible for purchas- ing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be 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. 5.07 Waiver of Rights General Conditions - 00700 - 12 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx 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 Substantial Completion of all the Work as provided in paragraph 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 cover- age 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 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. CON- TRACTOR shall be responsible to see that the General Conditions - 00700 - 13 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract.docx 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 Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifica- tions shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall 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 ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additional- ly will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accor- dance 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 equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER 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 General Conditions - 00700 - 14 F\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract. docx characteristics; (ii) it will reliably perform at license fee or royalty. All variations of the least equally well the function imposed by proposed substitute item from that specified the design concept of the completed Project will be identified in the application, and as a functioning whole, and; available engineering, sales, maintenance, repair, and replacement services will be b. CONTRACTOR certifies that: (i) there indicated. The application will also contain is no increase in cost to the OWNER; and (ii) an itemized estimate of all costs or credits it will conform substantially, even with that will result directly or indirectly from use deviations, to the detailed requirements of of such substitute item, including costs of the item named in the Contract Documents. redesign and claims of other contractors affected by any resulting change, all of which 2. Substitute Items will be considered by ENGINEER in evaluating the proposed substitute item. a. If in ENGINEER's sole discretion an ENGINEER may require CONTRACTOR to item of material or equipment proposed by furnish additional data about the proposed CONTRACTOR does not qualify as an substitute item. "or-equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute B. Substitute Construction Methods or Proce- item. dures: If a specific means, method, technique, se- quence, or procedure of construction is shown or b. CONTRACTOR shall submit suffi- indicated in and expressly required by the Contract cient information as provided below to allow Documents, CONTRACTOR may furnish or utilize a ENGINEER to determine that the item of substitute means, method, technique, sequence, or material or equipment proposed is procedure of construction approved by ENGINEER. essentially equivalent to that named and an CONTRACTOR shall submit sufficient information to acceptable substitute therefor. Requests for allow ENGINEER, in ENGINEER's sole discretion, to review of proposed substitute items of determine that the substitute proposed is equivalent to material or equipment will not be accepted that expressly called for by the Contract Documents. by ENGINEER from anyone other than The procedure for review by ENGINEER will be similar CONTRACTOR. to that provided in subparagraph 6.05.A.2. c. The procedure for review by ENGI- C. Engineer's Evaluation: ENGINEER will be NEER will be as set forth in paragraph allowed a reasonable time within which to evaluate 6.05.A.2.d, as supplemented in the General each proposal or submittal made pursuant to para- Requirements and as ENGINEER may graphs 6.05.A and 6.05.B. ENGINEER will be the sole decide is appropriate under the judge of acceptability. No "or-equal" or substitute will circumstances. be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a d. CONTRACTOR shall first make Change Order for a substitute or an approved Shop written application to ENGINEER for review Drawing for an "or equal." ENGINEER will advise of a proposed substitute item of material or CONTRACTOR in writing of any negative equipment that CONTRACTOR seeks to determination. furnish or use. The application shall certify that the proposed substitute item will perform D. Special Guarantee: OWNER may require adequately the functions and achieve the CONTRACTOR to furnish at CONTRACTOR's ex- results called for by the general design, be pense a special performance guarantee or other surety similar in substance to that specified, and be with respect to any substitute. suited to the same use as that specified. The application will state the extent, if any, to E. ENGINEER's Cost Reimbursement.- eimbursement.which whichthe use of the proposed substitute ENGINEER will record time required by ENGINEER item will prejudice CONTRACTOR's and ENGINEER's Consultants in evaluating substitute achievement of Substantial Completion on proposed or submitted by CONTRACTOR pursuant to time, whether or not use of the proposed paragraphs 6.05.A.2 and 6.05.13 and in making substitute item in the Work will require a changes in the Contract Documents (or in the change in any of the Contract Documents (or provisions of any other direct contract with OWNER for in the provisions of any other direct contract work on the Project) occasioned thereby. Whether or with OWNER for work on the Project) to not ENGINEER approves a substitute item so pro- adapt the design to the proposed substitute posed or submitted by CONTRACTOR, CON- item and whether or not incorporation or use TRACTOR shall reimburse OWNER for the charges of of the proposed substitute item in connection ENGINEER and ENGINEER's Consultants for with the Work is subject to payment of any evaluating each such proposed substitute. General Conditions - 00700 - 15 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract. docx 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 Subcon- tractor, 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. CON- TRACTOR shall not be required to employ any Sub- contractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable 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 accor- dance 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 Subcontractor, 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 differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGI- NEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontrac- tors, Suppliers, and such other individuals or entities performing or 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 appro- priate 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 insur- ance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor 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 Regulations, CONTRACTOR shall indemnify and hold harmless General Conditions - 00700 - 16 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx 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. OWNER 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 compli- ance with any Laws or Regulations. B. If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, 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, consumer, 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. 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 party 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 CONTRAC- General Conditions - 00700 - 17 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract.docx TOR 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 ENGINEER 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 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 employed 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 CON- TRACTOR 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 General Conditions - 00700 - 18 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required be- cause of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- mance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- NEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, 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 ENGI- NEER. 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 General Conditions - 00700 - 19 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx 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. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER 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, 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 indemni- fied parry by Laws and Regulations regardless General Conditions - 00700 - 20 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0 4 Conditions of the Contract.docx 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 CON- TRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRAC- TOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of. 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other 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 party 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. General Conditions - 00700 - 21 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx 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 CONTRAC- TOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 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 insur- ance 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 inter- vals 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 information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the 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 General Conditions - 00700 - 22 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project 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 prompt- ness such written clarifications or interpretations of the requirements of the Contract Documents as ENGI- NEER 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 Fnay be aGGGFnpl;shed by a Field 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 CON- TRACTOR the ENGINEER's preliminary determina- tions on such matters before rendering a written deci- sion 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 CONTRAC- TOR, 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 General Conditions - 00700 - 23 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract.docx D. CONTRACTOR shall not be allowed an exten- sion 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 provid- ed 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 ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or 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 qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. The conditions precedent to CONTRACTOR's being entitled to such pay- ment 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) inspections 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 responsibilities specifically as- signed to ENGINEER in the Contract Docu- ments; 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. General Conditions - 00700 - 32 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0-4—Conditions of the Contract. docx 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. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- TRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following condi- tions. 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 substantially 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 com- plete, 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 Com- pletion 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 General Conditions - 00700 - 34 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0 -4 -Conditions of the Contract.docx 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 subparagraph 5.04.B.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 iled: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 satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR 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 obser- vation 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 5111 .,.of,Lb 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 terminat- ing 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 5.0 1, 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. General Conditions - 00700 - 35 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR c;h;;II he allowed aR a(�YstmeRti!R the paragraph !G45-. 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 Con- tract 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 Docu- ments 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) in- curred 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 - General Conditions - 00700 - 36 FAPublic Works\ENG]NEER ING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx nomic loss arising out of or resulting from such termina- tion. 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, er OWNER fails for 30 days to pay CON TR4GTQR ARY 661M finally deteFrRined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, er OWNER has failed feF 30 days te pay GONTRACTO aRY sum fiRail„ detelc , 'Red + be 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 it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 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 completion 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. General Conditions - 00700 - 37 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_4 Conditions of the Contract.docx SECTION 00800 - SUPPLEMENTARY CONDITION TO THE GENERAL CONDITIONS Table Of Content Article Title Page Number SECTION 00800 - SUPPLEMENTARY CONDITION TO THE GENERAL CONDITIONS ......................... 1 TableOf Content.......................................................................................................................... 1 SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS .................... 2 SC -1.00 Introduction.......................................................................................................................... 2 SC -1.01 Defined Terms.......................................................................................................................2 SC -1.02 Terminology..........................................................................................................................2 SC -2.05 Before Starting Construction................................................................................................2 SC -2.06 Preconstruction Conference.................................................................................................2 SC -3.06 Coordination of Plans, Specifications, and Special Provisions..............................................3 SC -4.02 Subsurface and Physical Conditions......................................................................................4 SC -5.01 Performance, Payment and Other Bonds.............................................................................4 SC -5.03 Certificates of Insurance.......................................................................................................4 SC -5.04 CONTRACTOR's Liability Insurance.......................................................................................4 SC -5.05 OWNER's Liability Insurance.................................................................................................5 SC -5.06 Property Insurance................................................................................................................6 SC -5.07 Waiver of Rights....................................................................................................................7 SC -5.08 Receipt and Application of Insurance Proceeds...................................................................7 SC -5.09 Acceptance of Bonds and Insurance; Option to Replace......................................................7 SC -6.02 Labor; Working Hours...........................................................................................................7 SC -6.06 Concerning Subcontractors, Suppliers, and Others..............................................................7 SC -6.08 Permits..................................................................................................................................7 SC -9.05 Authorized Variations in Work..............................................................................................8 SC -11.01 Cost of the Work...............................................................................................................8 SC -13.03 Test and Inspections.........................................................................................................8 SC -13.05 OWNER May Stop the Work............................................................................................. 9 SC -13.07 Correction Period..............................................................................................................9 SC -14.02 Progress Payments............................................................................................................9 SC -14.04 Substantial Completion...................................................................................................10 SC -14.07 Final Payment..................................................................................................................10 SC -15.01 OWNER May Suspend Work...........................................................................................11 SC -15.02 OWNER May Terminate For Cause.................................................................................11 SC -15.04 CONTRACTOR May Stop Work or Terminate..................................................................11 SC -16 Dispute Resolution..............................................................................................................12 SC -16.02 Mediation........................................................................................................................12 SC -17 Miscellaneous.....................................................................................................................12 SC -17.06 Liens................................................................................................................................12 +++ END OF THIS SUPPLEMENTARY CONDITIONS INDEX +++ Supplementary Conditions - 00800-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\8id Documents\DIV 0 5 Conditions of the Contract.docx IRC -1909 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 Add the following language to the end of GC 1.01.A.20. ENGINEERS's Consultant: Kimley-Horn and Assoc., Inc. 44524 1h Street, Suite 200 Vero Beach, FI 32960 SC -1.01.A.21. Delete paragraph GC 1.01.A.21 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 -2.05.A in its entirety and insert the following paragraph in its place: Supplementary Conditions - 00800-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0 5 Conditions of the Contract. docx IRC -1909 A. Immediately after awarding the contract, but before the CONTRACTOR begins work, the Project Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2.05.13, procedures for handling Shop Drawings and other submittals, and maintaining required records. Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. B. Per the FDOT Standard Specifications for Road and Bridge Construction, the Contractor will certify to the Engineer the following: 1. A listing of on-site clerical staff, supervisory personnel and their pro -rated time assigned to the contract, 2. Actual Rate for items listed in Table 4-3.2.1 (see below), 3. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, 4. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. FDOT Table 4-3.2.1 Item Rate FICA _ Rate established by Law FUTA/SUTA Rate established by Law__ Medical Insurance Actual Holidays, Sick & Vacation Benefits _ Actual Retirement Benefits Actual 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 Supplementary Conditions - 00800-3 F1Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0 5 Conditions of the Contract.docx IRC -1909 6. Approved Shop Drawings 7. Drawings 8. Referenced Standards. B. Written/computed dimensions shall govern over scaled dimensions. SC -4.02 Subsurface and Physical Conditions SC -4.02 Add the following new paragraphs immediately after paragraph GC -4.02.8: 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: Subsurface Soil Exploration and Geotechnical Engineering Evaluation (bv Ardaman & Associates, Inc.) dated December 16 2019 D. Reports and drawings itemized in SC -4.02.0 are not included with the Bidding Documents. Copies may be examined at Indian River County Administration Building, Public Works 180127 1h Street Vero Beach FL 32960 during regular business hours. These reports and drawings are not part of the Contract Documents. SC -5.01 Performance, Payment and Other Bonds SC -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following 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.B: 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: Supplementary Conditions - 00800-4 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_5 Conditions of the Contract.docx IRC -1909 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations C. Contractual Liability d. Independent Contractors e. Explosion f. Collapse 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. N/A SC -5.05 OWNER's Liability Insurance SC -5.05 Delete paragraph GC -5.05.A in its entirety. Supplementary Conditions - 00800-5 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0 5 Conditions of the Contract.dou IRC -1909 SC -5.06 Property Insurance SC -5.06 Delete paragraphs GC -5.06.A, B, and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC -5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. SC -5.06.E Delete paragraph GC -5.06.E in its entirety and insert the following in its place: E. Additional Insureds: 1. The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's property insurance policies: a. Indian River County, Florida Supplementary Conditions - 00800-6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\6ids\Bid Documents\DIV 0 5 Conditions of the Contract. docx IRC -1909 SC -5.07 Waiver of Rights SC -5.07 Delete GC -5.07 (paragraphs A, B, and Q in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC -5.08 Delete GC -5.08 (paragraphs A and B) in its entirety. SC -5.09 Acceptance of Bonds and Insurance; Option to Replace SC -5.09 Delete GC-5.09(parogroph A)in its entirety. SC -6.02 Labor; Working Hours SC -6.02.13. Add the following paragraphs immediately after paragraph GC -6.02.B: 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. 2. Indian River County Holidays are: New Year's Day, Martin Luther King, Jr. Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager. 3. The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of emergency upon specific permission of the ENGINEER. 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: Supplementary Conditions - 00800-7 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signal ization Improv\1-Admin\Bids\Bid Documents\DIV 0 5 Conditions of the Contract. docx IRC -1909 1. The OWNER has obtained the following permits (copies of these permits are contained in Appendix A): No Permits Required 2. The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. 3. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC -9.05 Authorized Variations in Work SC -9.05.A. Delete the second sentence in paragraph GC -9.05.A in its entirety. 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: I. 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 -13.03.13. 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. Supplementary Conditions - 00800-8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_5 Conditions of the Contract.docx IRC -1909 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 CON- TRACTOR 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 -13.07A. 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 therefrorn. SC -13.07 B. Delete paragraph GC -13.07.8 in its entirety and insert the following sentence in its place B. In special circumstances where a particular item of equipment is placed in continuous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. SC -14.02 Progress Payments SC -14.02.13.5. Delete paragraph GC -14.02.8.5.d in its entirety and insert the following paragraph in its place: ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A; or SC -14.02.6.5. Add the following sentences at the end of paragraph GC -14.02.8.5: OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals. Supplementary Conditions - 00800-9 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_5 Conditions of the Contract.docx IRC -1909 SC -14.02.C.1. Delete paragraph GC -14.02.0.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. F.S. 218.70 et. seq. SC -14.04 Substantial Completion SC -14.04A. After the third sentence in paragraph GC -14.04A of the General Conditions, delete the remainder of paragraph 14.04A in its entirety and replace with the following: "If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion. In accordance with the provisions of Florida Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project." SC -14.0413 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 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 Supplementary Conditions - 00800-10 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0 5 Conditions of the Contract. docx IRC -1909 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 economic loss arising out of or resulting from such Work suspension. SC -15.02 OWNER May Terminate For Cause SC -15.02.A.5 and SC -15.02.A.6 Add the following new paragraphs immediately after paragraph GC - 15.02.A.4: 5. CONTRACTOR's violation of Section 02225 — "Erosion Control and Treatment of Dewatering Water From the Construction Site." 6. CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers. 7. 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. 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: Supplementary Conditions - 00800-11 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_5 Conditions of the Contract.docx IRC -1909 SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: 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 191h Judicial Circuit in Indian River County unless delay in initiating mediation would irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. SC -17 Miscellaneous SC -17.06 Liens Add the following new paragraphs immediately after paragraph GC17.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name) pursuant to Chapter 255 of the Florida Statutes This paragraph shall be inserted in every sub -subcontract hereunder" The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit -claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++END OF SUPPLEMENTARY CONDITIONS++ Supplementary Conditions - 00800-12 'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0_5 Conditions of the Contract.docx IRC -1909 SECTION 00942 - Change Order Form No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS OWNER's Project No. IRC -1909 OWNER'S Bid No. 2020037 FM No.: NA_ 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: Change Order Form — 00942 F Tublic Works\ENGINEERING DIVISION PROJECTS\1909 IRB & 8th St Signalization Improv\1-Admin\Bids\Bid Documents\DIV 0 6 Conditions of the Contract docx SECTION 00948 - Work Change Directive DATE OF ISSUANCE: EFFECTIVE DATE: IRC -1909 No. OWNER: Indian River County CONTRACTOR Project: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS OWNER's Project No. IRC -1909 OWNER'S Bid No. 2020037 FM No.: You are directed to proceed promptly with the following changes: Description: Reason for Change Order: 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 Ll Unit Prices ❑ Lump Sum ❑ Other - - L2 By Change Order: Method of determining change in Contract Times ❑ Contractor's Records II Engineer's Records L1 Other: Q By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $ Substantial Completion: days; Ready for Final Completion: days. If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: By: CONTRACTOR (Signature) Date: RECOMMENDED: By: ENGINEER (Signature) Date: ** END OF SECTION** APPROVED: By: OWNER (Signature) Date: Work Change Directive — 00948 F\Public Works\ENGINEERING DIVISION PROJECTS\1909 IRB & 8th St Signafizalion Improv\1-Admin\Bids\Bid Documents\DIV 0 6 Conditions of the Contract. docx Division 1— General Requirements, IRC -1909 DIVISION 1 - GENERAL REQUIREMENTS DIVISION 1 - GENERAL REQUIREMENTS SECTION 01009 - SPECIAL PROVISIONS SECTION 01024 - FORCE ACCOUNT SECTION 01050 - FIELD ENGINEERING AND LAYOUT SECTION 01091 - REFERENCE STANDARDS SECTION 01215 - GENERAL QUALITY CONTROL SECTION 01220 - PROGRESS MEETINGS SECTION 01310 - CONSTRUCTION SCHEDULES SECTION 01340 - SUBMITTAL OF SHOP DRAWINGS SECTION 01520 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SECTION 01541 - PROTECTION OF THE WORK AND PROPERTY SECTION 01550 - ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS SECTION 01610 - TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT SECTION 01611 - STORAGE OF MATERIAL AND EQUIPMENT SECTION 01630 - SUBSTITUTIONS SECTION 01710 - SITE CLEANUP AND RESTORATION SECTION 01820 - POST FINAL INSPECTION F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS. docx Division 1— General Requirements, IRC -1909 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. ++ END OF SECTION ++ Special Provisions - 01009-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1. —General Requirements, IRC -1909 SECTION 01024 - FORCE ACCOUNT 1.1 GENERAL A. 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. 1.2 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 + + Force Account - 01024-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS. docx Division 1— General Requirements, IRC -1909 SECTION 01050 - FIELD ENGINEERING AND LAYOUT 1.1 GENERAL A. The CONTRACTOR will furnish all construction staking for the project. All staking from control will be under the supervision of a Florida Registered Land Surveyor. B. Develop and make all detail surveys and measurements needed for construction including but not limited to, slope stakes, batter boards, piling layouts and all other working lines, elevations and cut sheets. C. Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work. D. Provide all material required for benchmarks, control points, batter boards, grade stakes, and other items. E. Be solely responsible for all locations, dimensions and levels. No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings. F. Safeguard all points, stakes, grademarks, monuments and benchmarks made or established on the Work, and reestablish same, if disturbed. Rectify all Work improperly installed because of not maintaining, not protecting or removing without authorization such established points, stakes, marks and monuments. G. When requested by the ENGINEER, provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR. Do no excavation or embankment work until all cross -sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER. H. The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. 1.2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A. Prior to commencing work, the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents. Immediately notify the ENGINEER upon discovery of any errors, inaccuracies or omissions in the survey data. The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or existing site information is correct and accurate, without any reasonably inferable errors, inaccuracies or omissions. Field Engineering and Layout - 01050-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\6ids\Bid Documents\DIV 1GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 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 A. 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 ++ Field Engineering and Layout - 01050-2 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 SECTION 01091 - REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization or body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the date of advertisement for bids, unless noted otherwise in the Technical Specifications or on the Drawings. When a reference standard is specified, comply with requirements and recommendations stated in that standard, except when they are modified by the Contract Documents, or when applicable laws, ordinances, rules, regulations or codes establish stricter standards. The list of specifications presented in Paragraph B is hereby made a part of the Contract, the same as if repeated herein in full. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED.SPEC. Federal Specifications 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 Reference Standards - 0 1091 -1 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1 — General Requirements, IRC -1909 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 + + Reference Standards - 01091-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 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. General Quality Control - 01215-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docz Division 1— General Requirements, IRC -1909 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 ++ General Quality Control - 01215-2 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS.dou Division 1— General Requirements, IRC -1909 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 + + Progress Meetings - 01220-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 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. Construction Schedules - 01310-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 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 ++ Construction Schedules - 01310-2 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1—General Requirements, IRC -1909 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 A. Samples are physical examplesto illustrate materials, equipment, orworkmanship and to establish standards by which work is to be evaluated. Samples are further defined in Article 6.17, Section 00700. Submittal of Shop Drawings - 01340-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 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. Submittal of Shop Drawings - 01340-2 F1Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.dccx Division 1—General Requirements, IRC -1909 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] Submittal of Shop Drawings - 01340-3 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS. docx Division 1— General Requirements, IRC -1909 Submittal of Shop Drawings - 01340-4 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx CONTRACTOR SUBMITTALS SUBMITTAL NO. Contractor: Date Sent to County _ No. Copies Sent to County ❑ Original Submittal ❑ Re -Submittal Project Name: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS Project No.: IRC -1909 ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description: Sub -Contractor: Remarks: - ********************************************************** Reviewing Agency: (As checked below) 11 I R C Engineering Div. Date Received Date Returned No. Copies Ret'd ❑ I R C Utilities Services _ Remarks: ********************************************************** IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 180127 1h Street No. Copies Ret'd Vero Beach, FI. 32960 Remarks: Distribution of Copies: IRC Engineering Division Office File Field Office File Submittal of Shop Drawings - 01340-4 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1—General Requirements, IRC -1909 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. 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 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. Submittal of Shop Drawings - 01340-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.dou Division 1— General Requirements, IRC -1909 P. ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this, for the Shop Drawings being revised and resubmitted, and for time required to return the approved Shop Drawings to CONTRACTOR. Q. Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals. All costs to ENGINEER involved with subsequent submittals of Shop Drawings, Samples or other items requiring approval, will be back -charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions. If the CONTRACTOR requests a substitution for a previously approved item, all of ENGINEER'S costs in the reviewing and approval of the substitution will be back - charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. ++ END OF SECTION ++ Submittal of Shop Drawings - 01340-6 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1—General Requirements, IRC -1909 SECTION 01520 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 1 Cf npF 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. Construction Facilities and Temporary Controls - 01520-1 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 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 ++ Construction Facilities and Temporary Controls - 01520-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1—General Requirements, IRC -1909 SECTION 01541 - PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by construction operations, so that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately -owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS 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. B. Do not store or park materials or equipment within the drip line of trees that are to remain. Protection of the Work and Property - 01541-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 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 and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality. The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way. 1.5 PROTECTION OF EXISTING STRUCTURES A. Underground Structures: 1. Underground structures are defined to include, but not be limited to, all sewer, water, gas, and other piping, and manholes, chambers, electrical conduits, tunnels and other existing subsurface work located within or adjacent to the limits of the Work. 2. All underground structures known to ENGINEER except service connections for water, sewer, electric, and telephone are shown. This information is shown for the assistance of CONTRACTOR in accordance with the best information available, but is not guaranteed to be correct or complete. The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are Protection of the Work and Property - 01541-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REOUIREMENTS.docx Division 1—General Requirements, IRC -1909 accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3. Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24- hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 6. Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of the services which such structures provide. If CONTRACTOR damages an underground structure, restore it to original condition at CONTRACTOR's expense. 7. Necessary changes in the location of the Work may be made by ENGINEER, to avoid unanticipated underground structures. 8. If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents, 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. Protection of the Work and Property - 01541-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 B. Surface Structures: 1. Surface structures are defined as structures or facilities above the ground surface. Included with such structures are their foundations and any extension below the surface. Surface structures include, but are not limited to, buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and all other facilities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same. 2. Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure. CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the 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. 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. Protection of the Work and Property - 01541-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS. docx Division 1— General Requirements, IRC -1909 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 ++ Protection of the Work and Property - 01541-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 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 Docu- ments. 1.2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. 1.3 USE OF PUBLIC STREETS FOR HAUL ROADS A. Prior to construction, the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project. Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations, prior to final payment. B. All trucks carrying earth shall be covered while moving with an appropriate tarpaulin. Should trucks hauling earth fail to cover their loads, the CONTRACTOR will be given two (2) written warnings, after which the CONTRACTOR shall pay a fine of $50 per uncovered truck to the Owner when invoked by the Owner to Owner's Engineer. All cleanup shall be the responsibility of the CONTRACTOR. C. All trucks/moving equipment shall have backup warning horns in proper working order while on the job site. + + END OF SECTION + + Access Roads, Parking Areas and use of Public Streets - 01550-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\13ids\Bid Documents\DIV 1_GENERAL REQUIREMENTS.docx Division 1—General Requirements, IRC -1909 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. 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. Transportation and Handling of Materials and Equipment - 01610-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS.docx Division 1—General Requirements, IRC -1909 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 + + Transportation and Handling of Materials and Equipment - 01610-2 `APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQU[REM ENTS.docx Division 1— General Requirements, IRC -1909 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 + + Storage of Material and Equipment - 01611-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS. docx Division 1— General Requirements, IRC -1909 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 manufac- turers, 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. C. Samples, if appropriate. Substitutions - 01630-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 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 formai 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. 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. Substitutions - 01630-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS. docx Division 1— General Requirements, IRC -1909 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. 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 ++ Substitutions - 01630-3 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQU I REMENTS.docx Division 1— General Requirements, IRC -1909 SECTION 01710 - SITE CLEANUP AND RESTORATION 1.1 SCOPE Furnish all labor, equipment, appliances, and materials required or necessary to clean up and restore the site after the construction is completed. 1.2 REQUIREMENTS A. During the progress of the project, keep the work and the adjacent areas affected thereby in a neat and orderly condition. Remove all rubbish, surplus materials, and unused construction equipment. Repair all damage so that the public and property owners will be inconvenienced as little as possible. B. Provide onsite containers for the collection of waste materials, debris, and rubbish and empty such containers in a legal manner when they become full. C. Where material or debris has been deposited in watercourses, ditches, gutters, drains, or catch -basins as a result of the CONTRACTOR's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the ditches, channels, drains, etc., shall be kept clean and open at all times. D. Before the completion of the project, unless otherwise especially directed or permitted in writing: 1. Tear down and remove all temporary buildings and structures; 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbish from any grounds occupied; and 4. Leave the roads, all parts of the premises, and adjacent property affected by construction operations, in a neat and satisfactory condition. E. Restore or replace any public or private property damaged by construction work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of the operations. To this end, the CONTRACTOR shall restore all highway, roadside, and landscaping work within any right-of-way, platted or prescriptive. Acceptable materials, equipment,and methods shall be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new -appearing condition. 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. Site Cleanup and Restoration - 01710-1 R\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalizaton Improv\1-Admin\Bids\Bid Documents\DIV 1—GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1909 H. When finished surfaces require cleaning with cleaning materials, use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. I. Keep the amount of dust produced during construction activities to a minimum. At CONTRACTOR's expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, ENGINEER, and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. ++ END OF SECTION ++ Site Cleanup and Restoration - 01710-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRR Signalization Impr0v\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS. docx Division 1—General Requirements, IRC -1909 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. + + END OF SECTION + + Post Final Inspection - 01820-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS.docx Division 2 - Technical Provisions, IRC -1909 DIVISION 2 - TECHNICAL PROVISIONS Table of Contents DIVISION 2 -TECHNICAL PROVISIONS..................................................................................................... 1 SECTION 001 -TECHNICAL SPECIFICATIONS.............................................................................................2 SECTION004 - SCOPE OF WORK.............................................................................................................. 2 SECTION 101- MOBILIZATION................................................................................................................ 2 SECTION 102 - MAINTENANCE OF TRAFFIC.............................................................................................. 3 SECTION 104 - PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION ............. 5 SECTION 110 - CLEARING AND GRUBBING............................................................................................. 15 SECTION 120 - EXCAVATION AND EMBANKMENT.................................................................................. 16 SECTION 285 - OPTIONAL BASE COURSE................................................................................................ 17 SECTION 327 - MILLING OF EXISTING ASPHALT PAVEMENT.................................................................... 17 SECTION 337 - ASPHALT CONCRETE FRICTION COURSES........................................................................ 18 SECTION 425 - INLETS, MANHOLES, AND JUNCTION BOXES.................................................................... 18 SECTION430 - PIPE CULVERTS.............................................................................................................. 18 SECTION 522 - CONCRETE SIDEWALK AND DRIVEWAYS......................................................................... 19 SECTION 527—DETECTABLE WARNINGS............................................................................................... 19 SECTION 570 - PERFORMANCE TURF..................................................................................................... 19 SECTION630 - CONDUIT....................................................................................................................... 21 SECTION632—SIGNAL CABLE...............................................................................................................22 SECTION 635 — PULL, SPLICE AND JUNCTION BOXES............................................................................... 22 SECTION 639 — ELECTRICAL POWER SERVICE ASSEMBLIES...................................................................... 22 SECTION 641- PRESTRESSED CONCRETE POLES..................................................................................... 22 SECTION 646 -ALUMINUM POLES, PEDESTALS, AND POSTS................................................................... 23 SECTION 649 - GALVANIZED STEEL POLES, MAST ARMS AND MONOTUBE ASSEMBLIES ........................... 23 SECTION 650 -VEHICULAR TRAFFIC SIGNAL ASSEMBLIES.......................................................................23 SECTION 653 - PEDESTRIAN SIGNAL ASSEMBLIES................................................................................... 24 SECTION 660 - VEHICLE DETECTION SYSTEM.......................................................................................... 24 SECTION 665 - PEDESTRIAN DETECTION SYSTEM................................................................................... 24 SECTION 670 -TRAFFIC CONTROLLER ASSEMBLIES................................................................................ 24 SECTION 682 - VIDEO EQUIPMENT........................................................................................................ 25 SECTION 684 - NETWORK DEVICES........................................................................................................ 25 SECTION 685 -TRAFFIC CONTROL SYSTEM AUXILIARIES......................................................................... 25 SECTION 700 - HIGHWAY SIGNING........................................................................................................ 25 SECTION 706 - RAISED PAVEMENT MARKERS AND BITUMINOUS ADHESIVE ........................................... 26 SECTION 711 -THERMOPLASTIC PAVEMENT MARKINGS....................................................................... 26 SECTION 715 — HIGHWAY LIGHTING SYSTEM......................................................................................... 27 SECTION 999 - RECORDS/AS-BUILTS..................................................................................................... 27 Division 2 — Technical Provisions - 01025-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 - Technical Provisions, IRC -1909 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, January 2019, and Supplemental Specification, Special Provisions and addenda thereto, except as modified and supplemented hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications, and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative. Wherever the Specifications, Supplementals, etc. may refer to the "Owner", "Department", "State of Florida Department of Transportation", or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida. Wherever the word "Owner's Engineer", "District Engineer", "Engineer", "Project Engineer", etc., appears, it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department, Engineering Division acting directly or through duly authorized representatives. Wherever the word "Resident Engineer" appears, it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work. The work to be performed for utility work (if any) shall conform to the applicable technical specifications of 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 700 through 711 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, 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 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 Division 2 —Technical Provisions - 01025-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 -Technical Provisions, IRC -1909 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/ Demobilization — 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. BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall present his Maintenance of Traffic Plan at or before the pre -construction conference. The Maintenance of Traffic Plan shall indicate the type and location of all signs, lights, barricades, striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen. The plan will indicate conditions and setups for each phase of the Contractor's activities. When the project plans include or specify a specific Maintenance of Traffic Plan, alternate proposals will be considered when they are found to be equal to or better than the plan specified. In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic. Division 2 — Technical Provisions - 01025-3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 - Technical Provisions, IRC -1909 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 at all times. G. The Changeable Variable Message Sign shall be used as necessary. The location, message, and duration shall be as directed by Engineer. H. 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. Division 2 — Technical Provisions - 01025-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS.docx Division 2 -Technical Provisions. IRC -1909 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. 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 Division 2 — Technical Provisions - 01025-5 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 - Technical Provisions, IRC -1909 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 polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased, unless final landscaping has been installed. Division 2 — Technical Provisions - 01025-6 F:\PubIjcWorks\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS. docx Division 2 - Technical Provisions, IRC -1909 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 Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From Construction Activities" (located at the end of this Section). Division 2 — Technical Provisions - 01025-7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS.docx Division 2 -Technical Provisions, IRC -1909 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. 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. Division 2 — Technical Provisions - 01025-8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\t-Admin\Bids\Bid Documents\DIV 2JECHNICAL PROVISIONS. docx Division 2 - Technical Provisions, IRC -1909 PART 2 - MATERIALS AND INSTALLATION 2.1 GENERAL A. Polyacrylamide: As required in Paragraph 1.3.C, place polyacrylamide (PAM) on bare ground to reduce the potential for erosion and cover it with hay, jute, or mulch. PAM may also be used in water bodies to remove turbidity. In all cases, use the anionic form of polyacrylamide that does not stick to fish gills. For PAM information and its proper application, a contact is Applied Polymer Systems, Inc., (678) 494-5998, www.siltstol).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 per the 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. D. Sedimentation Control From Dewatering or Pumping Operations Using Filter Baes: 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 Division 2 — Technical Provisions - 01025-9 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS. docx Division 2 -Technical Provisions, IRC -1909 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). 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. Division 2 — Technical Provisions - 01025-10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 - Technical Provisions, IRC -1909 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 6.13.6. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 104-2 — Prevention, Control & Abatement of Erosion & Water Pollution - Per Lump Sum [The remainder of this page was left blank intentionally] Division 2 — Technical Provisions - 01025-11 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS. docx Division 2 - Technical Provisions. IRC -1909 PERMITTEE"S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to Indian River County for the following project: INDIAN RIVER BOULEVARD & 8TH STREET SIGNALIZATION IMPROVEMENTS STATE OF COUNTY OF Personally, before me the undersigned authority, appeared who upon oath duly administered, stated as follows: 1. This sworn statement is submitted by the PERMITTEE, whose business address is and (if applicable) its Federal Identification No.(FEIN) is 2. My name is and my relationship to the entity named above is (if signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) 3. 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 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." Division 2 — Technical Provisions - 01025-12 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\t -Ad min\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS.docx Division 2 - Technical Provisions, IRC -1909 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 UNTIL Final Acceptance of the Project by the OWNER. 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. CONTRACTOR understands that it may be liable for these and other penalties if offsite pollution occurs as a result of activities associated with the Project. 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one (21) days of any transfer of ownership or control of the real property at which the permitted activity, facility, or system is located or authorized, the Permittee shall notify in writing, both the Indian River County Engineering Division and the Indian River County Stormwater Division of the transfer. Permittee shall provide the name, mailing address, and telephone number of the transferee and a copy of the instrument effectuating the transfer. Said notification is in addition to notifying the County Attorney's Office as required by County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Permittee must provide (1) the information required in Item 8(a); (2) a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit; and (3) a new "Permittee's Affidavit" form properly executed by the transferee. Upon proper receipt of these items the County shall transfer the permit to the transferee. (c) Permittee is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility, system, or activity is located or authorized. However, the transfer shall not be effective prior to the sale or legal transfer. (d) An "Illicit Discharge Sign" must be present at the site at the time of transfer. Replacement or additional signs may be obtained from the Indian River County Public Works Department at a cost of $30.00 per sign. Division 2 — Technical Provisions - 01025-13 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS.docx Division 2 -Technical Provisions, IRC -1909 Under penalty of perjury, PERMITTEE declares that it has read the foregoing affidavit and the facts stated in it are true. FURTHER AFFIANT SAYETH NAUGHT CONTRACTOR: Authorized Signature: _ Printed Name: Date: Work Telephone: Mobile Telephone: ********************************* The foregoing instrument was subscribed and sworn to before me this _ day of , 20_ by has produced My Commission expires: ++ END OF SECTION ++ who is personally known to me or as identification and who did take oath. Notary Public State of Florida at Large Division 2 — Technical Provisions - 01025-14 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 - Technical Provisions, IRC -1909 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 with the following modifications: A. Prior to any clearing and grubbing, the contractor will stake the right-of-way. Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetation, rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected. Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade. No stumps, roots, or perishable matter of any description shall remain under concrete slabs or footing, in- cluding pavement and sidewalks. B. No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved, after a review of the project site with the Contractor's representative. C. Where the final pavement or structural work will be close to existing trees, the Contractor shall exercise care in the vicinity of the trees. Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization, structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots. If directed by the Engineer or where shown on the drawings, work shall be done by hand in order to protect the trees. D. The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures. The Contractor shall not pull hair or major root structures. All severed roots shall be sawn clean and paint with pruning paint. Stumps, roots, etc., shall be completely removed and disposed of by the Contractor. Undesirable, dead, and/or damaged trees (as so designated by the Engineer) shall be removed. E. All trees to be removed shall be disposed off site; burning will be strictly prohibited. F. All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required, this work shall be done in cooperation with the Owner and at no additional expense to the Owner. G. All items to be removed shall be excavated to their full depth. All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County free of charge. (See Paragraph C, Special Provisions) The Contractor shall transport the culverts to the County's storage yard. All metal castings for catch basins, manholes, or other structures shall be carefully removed 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. Division 2 — Technical Provisions - 01025-15 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 -Technical Provisions, IRC -1909 Any culverts, structures or any material excavated or removed from the project site under clearing and grubbing deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the Contractor. Where required, suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground. The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications. H. No additional payment will be made, nor will additional work, or change orders be authorized for work needed to remove, relocate, protect, or otherwise account for in the construction of the work depicted in the plans, for any feature, or itern that would be apparent from a careful inspection of the site and review of the plans, even though such feature or item is not specifically called out in the plans. It is therefore essential the contractor make such inspection and review. I. The unit price bid for this item shall include the cost of all labor, tools, and equipment necessary to excavate, remove, and dispose of those items as directed by the Engineer and where designated on the Drawings. The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 110-1-1— Clearing and Grubbing — Per Lump Sum SECTION 120 - EXCAVATION AND EMBANKMENT A. Earthwork, including earthwork for drives outside the right-of-way limits, shall be paid for as embankment. Cost shall include all work specified in this section and Section 120 of the FDOT Standard Specifications for Road and Bridge Construction. Such price and payment shall specifically include all cost of any roadway, lateral ditch or canal, and final dressing operations. B. Earthwork quantities shall be considered as in-place material with no shrinkage or expansion factors. C. Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill, isolated swale bottom locations, isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation. Approximately 2.0 ft of subsoil excavation is required in sublateral canals. Cost of replacement embankment shall be included in cost of subsoil excavation. Contractor shall coordinate with county representative prior to any subsoil excavation. D. Embankment - General Requirements for Embankment Materials: The following is added after the first paragraph of Subarticle 120-7.2: Roadway Design Standard Index No. 505, Embankment Utilization Details is modified by the Division 2 — Technical Provisions - 01025-16 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 - Technical Provisions, IRC -1909 addition of the following: Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner. Backfill material containing more than 2.0% by weight of organic material, as determined by FM 1-T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material, shall not be used in construction of the reinforced volume. If an individual test value of the three samples exceeds 3.0%, the stratum or stockpile will not be suitable for construction of the reinforced volume. No A-8 material permitted in embankment. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 120-4—Subsoil Excavation - Per Cubic Yard Bid Item No. 120-6 —Embankment - Per Cubic Yard SECTION 285 - OPTIONAL BASE COURSE A. Sub Article 285-4 is modified by the addition of the following: Base material, thickness and requirements are described in the construction plans. Only one type of alternate base material shall be used. No additional payment will be made for base thickness in excess of the specified thickness Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 285-7-14 — Cemented Coquina (LBR 100) (15") — Per Square Yard SECTION 327 - MILLING OF EXISTING ASPHALT PAVEMENT The work specified in this item shall conform to Section 327 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Pavment Payment for the work specified in this item shall be made under: Bid Item No. 327-70-6 — Asphalt Pavement Milling (1.5") — Per Square Yard Division 2 — Technical Provisions - 01025-17 R\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2—TECHNICAL PROVISIONS.docx Division 2 -Technical Provisions, IRC -1909 SECTION 337 - ASPHALT CONCRETE FRICTION COURSES The work specified in this item shall conform to Section 337 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Sub article 337-12.1 through 337-12.3 — Basis of Payment shall be deleted in its entirety. Sub article 337-12.4 — Payment shall be amended as follows: Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 337-7-83A — Asphalt Concrete Friction Course FC12.5 (Traffic Level C), PG 76-22 w/Polymer, 1.5 -inch, — Per Ton Bid Item No. 337-7-83B — Asphalt Concrete Structural Course SP12.5 (Traffic Level C), 1.5 -inch, — Per Ton SECTION 425 - INLETS, MANHOLES, AND JUNCTION BOXES The work specified in this item shall conform to Section 425 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 425-1-543— DBI Inlet (Type D) (J -Bottom) (<10') — Per Each Bid Item No. 425-2-41 — Manhole (P-7) (<10') —Per Each Bid Item No. 425-2-61 — Manhole (P-8) (<10') —Per Each Bid Item No. 425-2-71 — Manhole (J-7) (<10') — Per Each Bid Item No. 425-5 — Manhole (Adjust) —Per Each Bid Item No. 425-6 — Valve Box (Adjust) —Per Each SECTION 430 - PIPE CULVERTS The work specified in this item shall conform to Section 430 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 430-175-112 — Concrete Pipe Culvert (12") (S/CD)(CL III) —Per Linear Foot Bid Item No. 430-175-115 — Concrete Pipe Culvert (15") (S/CD)(CL III) —Per Linear Foot Bid Item No. 430-175-124 — Concrete Pipe Culvert (24") (S/CD)(CL III) — Per Linear Foot Division 2 — Technical Provisions - 01025-18 R\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 - Technical Provisions, IRC -1909 indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months. All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks. D. Fertilizer: Commercial fertilizers shall comply with the Indian River County Fertilizer Ordinance 2013-012 and Supplement Ordinance 2013-014 (see Appendix B). E. Water for Grassing: Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570-3.6. F. Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6.0-7.0. Contractor shall apply two (2) applications. The initial shall be fertilizer and the second application shall be "weed and feed". The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre, or 10 pounds per 1,000 square feet, by a spreading device capable of uniformly distributing the material at the specified rate. Contractor shall apply applications as per manufacturer's specification. All tickets from bags shall be handed over to the County Inspector. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches. H. Placing Sod: The sod shall be placed on the prepared surface, with edges in close 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%" below paved shoulder. Division 2 —Technical Provisions - 01025-20 F1Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 - Technical Provisions, IRC -1909 On slopes greater than 3:1, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. Sodding shall not be performed when weather and soil conditions are, in the Engineer's opinion, unsuitable for proper results. Sod shall be placed around all structures, equipment pads, etc. I. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowing. Clippings shall be removed from sidewalk. K. Article 570-9. The first two paragraphs under this Article are deleted and the following is added: The contract unit price for performance turf shall include the costs of sod, fertilizer (2 applications), sidewalk sweeping after mowing, mowing, pegging disposal of clippings, water, tools, equipment, labor and all other incidentals necessary. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 570-1-2 — Performance Turf (Sod) (Bahia) - Per Square Yard SECTION 630 - CONDUIT The work specified in this item shall conform to Section 630 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. 630-2-11 Conduit (Signal) (F&I) (Open Trench) — Per Linear Foot Bid Item No. 630-2-12 Conduit (Signal) (F&I) (Directional Bore) — Per Linear Foot Division 2 —Technical Provisions - 01025-21 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS. docx Division 2 - Technical Provisions, IRC -1909 SECTION 632 — SIGNAL CABLE The work specified in this item shall conform to Section 632 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. 632-7-1— Cable, Signal (F&I) — Per Intersection Bid Item No. 632-7-6 — Cable, Signal (Remove Intersection) — Per Intersection SECTION 635 — PULL, SPLICE AND JUNCTION BOXES The work specified in this item shall conform to Section 635 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. 635-2-11- Pull Box (F&I) (Traffic Signal) — Per Each SECTION 639 — ELECTRICAL POWER SERVICE ASSEMBLIES The work specified in this item shall conform to Section 639 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. 639-1-122 — Electrical Power Service (F&I) Underground, Meter Purchased by Contractor — Per Assembly Bid Item No. 639-1-620 — Electrical Power Service (Remove) Underground — Per Assembly Bid Item No. 639-2-1 — Electrical Service Wire, (F&I) — Per Lump Sum Bid Item No. 639-3-11 — Electrical Service Disconnect (F&I) (Pole Mounted) — Per Each SECTION 641 - PRESTRESSED CONCRETE POLES The work specified in this item shall conform to Section 641 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Division 2 — Technical Provisions - 01025-22 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 -Technical Provisions, IRC -1909 Item of Pavment Payment for the work specified in this item shall be made under: Bid Item No. 641-2-12 - Prestressed Concrete Pole (F&I) (Type P -II Service Pole) — Per Each Bid Item No. 641-2-80 - Prestressed Concrete Pole (Remove Complete) — Per Each SECTION 646 - ALUMINUM POLES, PEDESTALS, AND POSTS The work specified in this item shall conform to Section 646 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Pavment Payment for the work specified in this item shall be made under: Bid Item No. 646-1-11— Aluminum Signals Pole (F&I) (Pedestal) — Per Each SECTION 649 - GALVANIZED STEEL POLES, MAST ARMS AND MONOTUBE ASSEMBLIES The work specified in this item shall conform to Section 649 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. 649-21-01— Steel Mast Arm Assembly (F&I) (30' Arm) — Per Each Bid Item No. 649-21-03 — Steel Mast Arm Assembly (F&I) (40' Arm) — Per Each Bid Item No. 649-21-10 — Steel Mast Arm Assembly (F&I) (60' Arm) — Per Each SECTION 650 - VEHICULAR TRAFFIC SIGNAL ASSEMBLIES The work specified in this item shall conform to Section 650 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. 650-1-14— Traffic Signal (F&I) (3 -Section) (1 -Way) (Standard) (Aluminum) — Per Assembly Bid Item No. 650-1-16 — Traffic Signal (F&I) (4 -Section) (Straight) (Standard) (Aluminum) — Per Assembly Division 2 — Technical Provisions - 01025-23 R\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2—TECHNICAL PROVISIONS.docx Division 2 -Technical Provisions, IRC -1909 SECTION 653 - PEDESTRIAN SIGNAL ASSEMBLIES The work specified in this item shall conform to Section 653 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. 653-1-11— Pedestrian Signal (F&I) (LED Countdown) (1 -Way) — Per Assembly Bid Item No. 653-1-12 — Pedestrian Signal (F&I) (LED Countdown) (2 -Way) — Per Assembly SECTION 660 - VEHICLE DETECTION SYSTEM The work specified in this item shall conform to Section 660 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. 660-4-11— Vehicle Detection Video (F&I) (Cabinet Equipment) — Per Each Bid Item No. 660-4-12 —Vehicle Detection Video (F&I) (Above Ground Equipment) — Per Each SECTION 665 - PEDESTRIAN DETECTION SYSTEM The work specified in this item shall conform to Section 665 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. 665-1-11— Pedestrian Detector (F&I) Pole/Pedestal Mounted — Per Each ION 670 - TRAFFIC CONTROLLER ASSEMBLIES The work specified in this item shall conform to Section 670 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. 670-5-111—Traffic Controller Assembly (F & 1) (NEMA) (Type 5) (One Preemption Plan) - Per Assembly Division 2 — Technical Provisions - 01025-24 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS. docx Division 2 - Technical Provisions, IRC -1909 Bid Item No. 670-5-600 —Traffic Controller Assembly (Remove) (Controller with Cabinet) (Plus Pad) - Per Assembly SECTION 682 -VIDEO EQUIPMENT The work specified in this item shall conform to Section 682 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. 682-1-133 - ITS CCTV Camera (F&I) (Dome Enclosure, PTZ) (Non -Pressurized) (IP) (HD)— Per Each SECTION 684 -NETWORK DEVICES The work specified in this item shall conform to Section 684 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. 684-1-1- Managed Field Ethernet Switch (F&I) — Per Each Bid Item No. 684-6-11— Wireless Communication Device (Furnish Only) (Ethernet Access Point) — Per Each SECTION 685 - TRAFFIC CONTROL SYSTEM AUXILIARIES The work specified in this item shall conform to Section 685 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. 685-1-13 — Uninterruptable Power Supply (F&I) Line Interactive w/ Cabinet — Per Each 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. Division 2 — Technical Provisions - 01025-25 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS. docx Division 2 - Technical Provisions, IRC -1909 B. Traffic Signs: All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits. Care shall be exercised by the Contractor during removal, storage and relocation so as not to damage the signs. If any damage occurs, as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation. Item of Payment Payment shall be made under: Bid Item No. 700-1-11— Single Post Sign (F&I) (GM) (< 12SF) - Per Assembly Bid Item No. 700-1-60 — Single Post Sign (Remove) - Per Assembly Bid Item No. 700-5-22 — Internally Illuminated Street Name Sign — Per Each SECTION 706 - RAISED PAVEMENT MARKERS AND BITUMINOUS ADHESIVE The work specified in this item shall conform to Section 706 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. A. All reflective pavement markers shall be 4" x 4". Item of Payment Payment shall be made under: Bid Item No. 706-1-1— Retro -Reflective Pavement Markers - Per Each SECTION 711 - THERMOPLASTIC PAVEMENT MARKINGS The work specified in this item shall conform to Section 711 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 711-11-121 - Thermoplastic (Standard) (White) (Solid) (6") — Per Linear Foot Bid Item No. 711-11-123 - Thermoplastic (Standard) (White) (Solid) (12") — Per Linear Foot Bid Item No. 711-11-125 - Thermoplastic (Standard) (White) (Solid) (24") — Per Linear Foot Bid Item No. 711-11-131 - Thermoplastic (Standard) (White) (Skip, 10'-30') (6") — Per Linear Foot Bid Item No. 711-11-170 - Thermoplastic (Standard) (White) (Arrow) — Per Each Bid Item No. 711-11-221 - Thermoplastic (Standard) (Yellow) (Solid) (6") — Per Linear Foot Bid Item No. 711-11-124 - Thermoplastic (Standard) (Yellow) (Solid) (18") — Per Linear Foot Division 2 — Technical Provisions - 01025-26 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS. docx Division 2 - Technical Provisions, IRC -1909 SECTION 715 — HIGHWAY LIGHTING SYSTEM The work specified in this item shall conform to Section 715 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. 715-1-11- Lighting Conductors, F&I, Insulated, (No. 10 or <) - Per Linear Foot Bid Item No. 715-5-31— Luminaire & Bracket Arm, F&I — Per Each SECTION 999 - RECORDS/AS-BUILTS 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: I. 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. Division 2 —Technical Provisions - 01025-27 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1 -Ad min\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS.docx Division 2 - Technical Provisions, IRC -1909 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. E. The horizontal information provided on the Record Drawings shall be referenced to the State of Florida, State Plane Coordinate System, Florida East Zone as established by Global Positioning System (GPS) which meets or exceeds Third Order Class I Accuracy Standards according to current publication of the Federal Geodetic Control Committee (FGCC) procedures. F. All Record/As-Built drawings shall be prepared in digital format (ACAD Civil 3D 2013) and shall utilize the digital design drawings as prepared by the Project Engineer as a base for the Record/As-Built drawings. It is the responsibility of the Surveyor to request these files from the Contractor or Project Owner in order to produce the Record/As-Built drawing set. G. ALL improvements proposed to be constructed as shown on the approved construction plans shall be field measured upon completion and shown on the Record/As-Built survey. Any improvements that appear in both plan and profile views shall show the Record/As-Built information in both views. H. The following items are required to be shown on all Indian River County project Record/As- Built drawings submitted to the County: DRAINAGE: 1. Right-of-way Swale/Drainage — All culvert inverts, elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of Swale. 2. Pipe Culvert/PVC Sleeves — All inverts, pipe size, stations and offsets. 3. Outfalls —AII 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. Division 2 — Technical Provisions - 01025-28 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 -Technical Provisions, IRC -1909 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. 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. Division 2 — Technical Provisions - 01025-29 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\t-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS. docx Division 2 - Technical Provisions, IRC -1909 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 connection, float level settings, any deviation from the plans, and serial number(s) of the pump(s). SURVEY CONTROL 1. Install/re-establish: It shall be the contractor's responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472, Florida Statutes, to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction. 2. New roadway alignment control points (survey baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State plane coordinates and elevations for all control points. 3. If shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s),vertical control (bench marks), property corners destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s) shall be notified in writing of disturbance and re -establishments. Division 2 —Technical Provisions - 01025-30 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx Division 2 - Technical Provisions, IRC -1909 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. C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record drawing(s). Said drawing(s) shall clearly state type of survey, positional tolerances, adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida, any standards set forth by Florida Statutes, Administrative code and Minimum Technical Standards for As-Built/Record surveys. D. All Record/As-Built drawings are subject to review and approval by County Surveyor. 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. AERIAL PHOTOGRAPH The CONTRACTOR shall provide aerial photographs of the project every 30 days during construction. The photographs shall be done in a manner to show the construction progress for the entire length of the project. The photographs can be angled and not prepared to a particular scale, however, must be detailed enough to identify the work in detail. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 999-1— Construction Layout/Record Drawings — Per Lump Sum Division 2 — Technical Provisions - 01025-31 FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS. docx Division 2 -Technical Provisions, IRC -1909 Board of Professional Surveyors and Mappers Record As -Built Survey Checklist Lic. Name Date: Project Name: 69th Street From 66th Avenue to SR5/ US -1, Resurfacing Project No.: IRC -1639 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: Division 2 — Technical Provisions - 01025-32 I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS.docx El h (c) Type survey stated on map and report: As -Built Survey Boundary Survey Condominium Survey Mean High Water Line Survey Quantity Survey Record Survey Division 2 - Technical Provisions, IRC -1909 Construction Layout Survey Control Survey Hydrographic Survey Specific or Special Purpose Survey Topographic Survey (d) Name, certificate of authorization number, and street and mailing address of the business entity on the map and report. (e) Name and license number of the surveyor and mapper in responsible charge. (f) Name, license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report. (g) Survey date (date of data acquisition.) (h) Revision date for any graphic revisions (when survey date does not change.) ❑ (i) Map and report statement "Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper." U (j) Insurance statement in %" high letters "The survey depicted here is not covered by professional liability insurance" if there is no professional liability insurance. (k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. (1) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise. (m) Bearings, distances, coordinates, and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise. (n) Bearing reference (well established and monumented line) (o) A designated "north arrow" (p) Stated scale or graphic scale (q) Abbreviations in legend or notes. (r) Special conditions and any necessary deviation from the standards noted upon the map or report. (s) Responsibility for all mapped features stated on the map or report (t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others. Division 2 —Technical Provisions - 01025-33 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS.docx Division 2 -Technical Provisions, IRC -1909 (u) Map Accuracy. (1) Vertical Feature Accuracy: ❑ (a) Vertical Control: Field -measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark. ❑ (b) Closure in feet must be accurate to a standard of plus or minus .05 ft. times the square root of the distance in miles. ❑ (c) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s) upon which the survey is based. ❑ (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". Division 2 — Technical Provisions - 01025-34 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS.docx Division 2 -Technical Provisions, IRC -1909 61G17-6.004 Specific Survey, Map, and Report Requirements (1) As-Built/Record Survey: ❑ (a) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. ❑ (b) Clearly shows by symbols, notations, or delineations, those constructed improvements located by the survey. ❑ (c) All maps prepared shall meet applicable minimum technical standards. ❑ (d) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations. (END OF SECTION) Division 2 — Technical Provisions - 01025-35 F:\Public Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS. docx APPENDIX A PERMITS (No Permits required) Appendix A -Permits FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\APPENDIX.docx APPENDIX B INDIAN RIVER COUNTY FERTILIZER ORDINANCES Appendix B -IRC Fertilizer Ordinances FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid DocumentsWPPENDIX.docx ORDINANCE NO. 2013 - n12 AN ORDINANCE OF THE BOARD OF COUN'T'Y COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MODEL ORDINANCE FOR FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; DIRECTING COUNTY ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WEBSITE, AND AN EFFECTIVE DATE. WHEREAS, as a result of impairment to Indian River County's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or canals within the boundaries of Indian River County, the Board of County Commissioners has determined that the use of fertilizers on lands within Indian River County creates a risk of contributing to adverse effects on surface and/or ground water; and WHEREAS, in order to address this risk, the Board of County Commissioners has determined that it is not only critical to adopt the Florida Department of Environmental Protection's Model Ordinance for Florida -Friendly Use of Fertilizer on Urban Landscapes, but that as part of Indian River County's science -based, and economically and technically feasible, comprehensive program to address nonpoint sources of nutrient pollution, additional and more stringent standards are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to the surface and/or ground water of Indian River County; and WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; and specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of Indian River County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality, Fidxv yWefsKiFNF.RAfJR.mMf dOntinanml6d�m.o.,We�fi6aer rkJF.,SdsesAdnsaa-201$pJreylAarwJ0)A_ Page I of ORDINANCE NO. 2013 - 012 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authoritv. Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Adoption of Chapter 316 of the Code of Indian River County (the "Code"). 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. Definitions. For the Moses of this chanter the following terms shall have the following_meanings: "Administrator" shall mean the County Administrator, or an administrative official of the County designated by the County Administrator to administer and enforce the provisions of this chapter. ",4np1fcatfon" or "a uly" shall mean the actual physical deposit of -fertilizer to turf or landscape plants. "A licator" shall mean an Person who lies fertilizer on turf and/or landscUe plants in Indian River County. "Board" shall mean the Indian River County Board of County Commissioners "Best Manazement Practices" shall mean turf and landscape practices or combination of practices based on research, field-testing, and evert review—deter mined to be the most effective RLirran.ryVi.daGEN6R,ttwraoma0.ar�rr..tO,duo...rilFemmewedre F..nderr�a.�zr-loll fi�.ol�rta20l.�a Page 2 of ORDINANCE NO. 2013 - and practicable on -location means, including economic and technological considerations for improving water quality, conserving water supplies and protecting natural resources "Chanter $5-427" shall mean The Indian River County Environmental Control Act Chapter 85- 427, Special Acts, Laws of Florida. "Code Enforcement Dicer shall mean any designated e�loyee 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 M Mrson who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the 4plicator. "Code" shall mean 'The Code of Indian River ConM "Environmental Control icer" shall mean the Indian River County Environmental Control Officer appointed by the Board pursuant to Chapter 85-427 and Chapter 303 (Part I) of this Code, and his or her designees. "Fertilize," "fertilizing," or "fertilization" shall mean the act of applying fertilizer to turf, specialized turf, or landscapeplants. "Fertilizer" shall mean any substance or mixture of substances that contains one or more reco nized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other connective 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 tur) "Low maintenance zone" shall mean an area a minimum of ten feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization watering mowing etc. "Person" shall mean any natural person, business corporation limited liability company partnership limited partnerships association club organization, and/or any group of people acting as an organized entitv. , n., .,n ., . u.��,� -20JJ �� zm Page 3 of 9 ORDINANCE NO. 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 Nitrogen" shall mean nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. "Turf" "sod," or "lawn" shall mean a piece of grass -covered soil held together by the roots of the Grass. "Urban landscape" shall mean pervious areas on residential, commercial, industrial, institutional highway rights-of-way, or other nonat'ricultural lands that are planted with turf or horticultural plants. For the PiMses 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 and/or phosphorus to turf and/or landscape plants during the Restricted Season, to saturated soils, or during a period in which a Flood Watch or Warning, _ or a Tropical Storm Watch or Warning or a Hurricane Watch or Warning is in effect for any portion of Indian River County, issued by the National Weather Service, or if heave rain is likelv. Section 316.4. Fertilizer -free zones. Fertilizer shall not be applied within ten feet of any pond, stream, watercourse lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340 Florida Administrative Code) or from the top of a seawall. If more stringent Indian River County Code regulations apply, this provision does not relieve the requirement to adhere to the more strip eg nt regulations. ations. Newly planted turf and/or landscape plants may be fertilized in this zone only for a 60 -day period beginning thiM days after 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 apply, 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 prevent the over - spray of aquatic weed products in this zone Section 316.6. Fertilizer content and application rates (a) No fertilizer containing phosphorous shall be applied to turf or landscape plants in Indian River County unless a soil or plant tissue deficiency is verified by a University of Florida, Institute of Food and Agriculture Sciences approved testing methodology. In the case that a deficiency has been verified, the application of a fertilizer containing phosphorous shall be in accordance with the rates and directions for the Central Region of Florida as provided by Rule 5E-1.003(2), Florida Administrative Code Deficiency verification shall be no more than 2 years old. However, recent application of compost manure or ton soil shall warrant more recent testing to verify current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label (c)_ Fertilizers applied to an urban lawn or turf within Indian River County shall be applied in accordance with requirements and directions set forth on the label or tAg for packaged fertilizer products, or in the printed information accompanying the delivery of bulk fertilizer products as provided by Rule 5E-1.003(2) Florida Administrative Code Labeling Reguirements For Urban Turf Fertilizers All pack ed and bulk fertilizer products sold. in Indian River County shall be- sold esold 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 QFlorida 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 Ston7nwater Pollution Prevention Plan for that site. Section 316.7. Application practices. Ca) Spreader deflector shields are required when fertilizing via rotar-(broadcast) s readers. 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 ap 1p ied spilled or otherwise deposited on any impervious surfaces (c) Any fertilizer applied, spilled or deposited either intentionally or accidentally on any impervious surface shall be immediately and completely removed to the greatest extent practicable. F..•LtawNg1U�61GF7JFJIAL1Rex1w/au dQdYnaew�ii. 'd/MKaVFeiti6u.lNed lFiret(InrG}Amres-10J3 fR•L�lJ(/ 8°'q j�.lpK Page 5 of 9 ORDINANCE NO, 2013 - 012 (d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site or returned to the original or other appropriate container. (e) In no case shall fertilizer be washed swept, or blown off impervious surfaces into stormwater drains, ditches conveyances, or water bodies. Section 316.8. Management of grass clippings and vegetative materials In no case shall crass clippings, vegetative material and/or vegetative debris be washed swept, or blown off into stormwater drains ditches conveyances water bodies wetlands or sidewalks or roadways_ Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. Section 316.9. ExemRtions. 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. 6 823 14 Florida Statutes - (b) other properties not subject to or covered under the Florida RiOit to Farm Act that have pastures used for grazing livestock - (c) anlands used for bona fide scientific research, including, but not limited to, research_ on the effects of fertilizer use on urban stormwater water qualm agronomics, or horticulture.; (d) n-olf 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, applving fertilizer to golf course practice and play areas,• (e) athletic fields at public parks and school facilities that apply the concepts and principles embodied in the Florida Green BMPs while maintaining the health and function of their specialized turf areas, (f) vegetable gardens owned by individual property owners or a communiy, and trees gown for their edible fruit. Section 316.10. Training. (a) Within the time period set forth in section 316.12 of this Cha ter all Commercial Fertilizer Applicators and Institutional Fertilizer Applicators within Indian River County shall abide by and successfully complete the six -hour training program in the "Florida -friendly Best F.•UmrnryVlsoW�Gt?IFF.SLiRmlimou 6 dApr.mcatlh0'rcnes��FsnNwiNc3sJP rtNher or6._* • 2679 r .gM.psly.d Page 6 of 9 ORDINANCE NO. 2013 - Management Practices for Protection o L Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida -Friendly Landscapes" prag_ram or an approved equivalent (b) Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida Institute of Food and Apiculture Sciences Florida Yards and /Neighborhoods program when applying fertilizers. Section 316.11. General education program. The Public Works Department shall have an employee who shall address issues pertaining to this Chapter. This employee shall implement aerogram to inform the general public of the requirements of this chapter, which program shall include among other things informative postings on the County website, printing and distributing informative brochures and other print materials, and ing engagements at community associations civic organizations etc The prograin shall also include, to the extent practicable use of any materials from the Be Floridian prograin and coordination and collaboration with University of Florida Institute of Food and Agriculture Sciences educational activities. Any claimed or alleged deficiency in the Counts 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 successfidly complete trainingand 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 approved equivalent program, prior to obtaining an Indian River County Local Business Tax Certificate for any category of occpation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the Indian River County Tax Collector's Office within 180 days of the effective date of this ordinance. (b) After December 31, 2013, all Commercial Fertilizer Applicators within Indian River County shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.117(18), Florida Administrative Code. (c) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties and multi -family and condominium properties) must ensure that at least one employee has a "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of F•ww. +t.aecetrptwwrsaw+�rk-.1013 MhtlfA.WXt&= Page 7of9 ORDINANCE NO. 2013 - 012 occupation which may apply any fertilizer to turf and/or landscape plants shall provide goof of completion of the program to the Indian River County Tax Collector's Office. Section 316.13. Enforcement. This chapter may be enforced by the Code Enforcement Officer in the Public Works Department who is devoted to issues nertainina to this Chapter, pursuant to Chanter 162 Florida Statutes and 003.07 of this Code. In addition this chapter may be enforced by the Environmental Control Officer pursuant to Chapter 85-427 Special Acts Laws of Florida and &303.14 of this Code. Penalties and remedies for violations shall be as set forth in §100.05 of this Code and to the extent applicable Chapter 85-427Special Acts Laws of Florida Funds generated by penalties imposed under this section shall be used by Indian River County for the administration and enforcement of &403.9337 Florida Statutes and the corresponding sections of this chapter and to further water conservation and nonpoint pollution prevention activities Section 316.14. References to state law. Any references in this chapter to Florida Statutes, rules or regulations shall refer to such statutes rules or regulations, as amended from time to time. Section 316.15. Auplicability. 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 Co= unless such applicator is eecificaliy exempted; provided however, that this chapter shall not apply within the limits of Any municipality which has adopted an ordinance regulating the same subject matter. This chapter shall be prospective only, and shall not impair any existing contracts Section 4. Severability, If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. F.unw, �ttr,rd,�GF.t1FJWL�nemwrrooAO.dmm,ccsvJ,dim�u:;Frrrlxr�Mod47Fc.vL�nOrdinm,e-1a!3 p7nugyva ,�o}.eoa Page 8 of9 ORDINANCE NO. 2013 - 012 Section 6. Directing County Attorney's Office to Post Summary on County Website. The County Attorney's Office is directed to post a summary of this ordinance on the County's website within 15 days of the filing of this ordinance with the Florida Department of State. Section 7. Effective Date. This ordinance shall become effective 45 days after the filing of the ordinance with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 8th day of July, 2013, for a public hearing to be held on the 18`h day of July, 2013, and on the 10th day of August, 2013 for an additional public hearing to be held on the 2e day of August, 2013, at which time it was moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and adopted by the following vote: Chairman Joseph E. Flescher AYE Vice Chairman Wesley S. Davis AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari ME Commissioner Tim Zorc AYE The Chairman thereupon declared the ordinance duly passed and adopted this 20"' day of August, 2013. -S ATTEST: Jeffrey R_ Smith, Cldfk., -0 Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: ��liairmPan�� eph .Flescher, Approved as to form and legal sufficiency: DyLiC,R-eingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of 52013. F- 4 0.0--=3(H-9(4.Vt 201.4 Page 9 of 9 ORDINANCE NO.21013 -014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONCERNING THE FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE, AMENDING SECTION 316.6 (FERTILIZER CONTENT AND APPLICATION RATES) AND SECTION 316.15 (APPLICABILITY) OF CHAPTER 316 (INDIAN RIVER COUNTY FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY TO ALLOW FOR THE GRADUAL AMORTIZATION OF THE SUPPLY OF CERTAIN NITROGEN CONTAINING FERTILIZER AND APPLYING CHAPTER 316 TO UNINCORPORATED INDIAN RIVER COUNTY, AND MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted an ordinance regulating the Proper use of fertilizers in order to protect the water quality of Indian River County's natural and constructed storm water conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies; and WHEREAS, the new fertilizer regulations require that the nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label; and WHEREAS, the new fertilizer regulations go into effect on October 14, 201 3; and WHEREAS, in order to provide adequate time for the supply of fertilizer containing nitrogen that does not comply with these regulations to be eliminated, it is necessary to provide additional time for retailers to eliminate those supplies that meet at least a minimum threshold of slow release nitrogen, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article VIII, § 1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the Purpose of promoting the public health. safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River Countv. 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. W..,K, 44 ,,r 'f90L x,.,,,rW.—.c a ti. , <a r,,,.r,:F .,� : i ,n :.� .. r..�a_ ��... R, t Page 1 q0 ORDINANCE NO. 2013 - 01.4 Section 3. Amendment of Section 316.6 (Fertilizer content and application rates) of Chanter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County (the "Code"). Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and. Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.6. Fertilizer content and application rates (b) As of the effective date of this chapter, the The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 2558% slow release nitrogen per guaranteed analysis label. As of June 1. 2014. the nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label Section 4. Amendment of Section 31.6.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County (the "Code"). Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated area of Indian River County, unless such applicator is specifically exempted; pr-ovided, heiveveF, that this ehapter shall flet appl-� fir. This chapter shall be prospective only, and shall not impair any existing contracts. Section 5. Severabilitv. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. ft 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. ,..a�,..,�„,�<.r'..•E.��ure.,,rw;....,ctM�,..a•,v!..s...K..f.,aua•ra„„ramr.,�r�w:..irnwm,.rd�<, Page 2 of.i ORDINANCE NO. 201.3 - 014 Section 7. Effective Date. This ordinance shall become effective upon filing with the Morida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 16th day of September , 2013, for a public hearing to be held on the 1st, day of October 2013, at which time it was moved for adoption by Commissioner Solari , seconded by Commissioner o' Bryan , and adopted by the following vote: Chairman Joseph E. Flescher Aye Vice Chairman Wesley S. Davis Aye Commissioner Peter D. O'Bryan Aye Commissioner Bob Solari Ave Commissioner Tim Zorc Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of October, 2013. 014t lI ssC;^. BOARD OF COUNTY COMMISSIONERS ` `%' :INDIAN RIVER COUNTY, FLORIDA eph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk 'of Court' ` Approved as to form and legal sufficiency: and Comptroller Dep ICI Oflan Reingol.d, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of 12013. I':':f/F•/MI'J.l»JnfiF t'TiXV.'l efulu{irgrs&fhr!/wry.Y{Page 3 of 3 APPENDIX C INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF- WAY CONSTRUCTION Appendix C-IRCTED Special Conditions for Right -of -Way Construction I'APublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\APPENDIX.docx 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 H 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 APPENDIX D Subsurface Soil Exploration and Geotechnical Engineering Evaluation Appendix D- Subsurface Soil Exploration and Geotechnical Engineering Evaluation FAPublic Works\ENGINEERING DIVISION PROJECTS\1909 8th ST at IRB Signalization Improv\1-Admin\Bids\Bid Documents\APPENDIX.docx Subsurface Soil Exploration and Geotechnical Engineering Evaluation Proposed Mast Arm Signal Poles 8th Street & 37th Street at Indian River Blvd. IRC Signalization Improvements Indian River County, Florida Ardaman & Associates, Inc. OFFICES Orlando — 8008 S. Orange Avenue, Orlando Florida 32809 — Phone (407) 855-3860 Bartow — 1525 Centennial Drive, Bartow, Florida 33830 — Phone (863) 533-0858 Baton Rouge — 316 Highlandia Drive, Baton Rouge, Louisiana 70884 — Phone (225) 752-4790 Cocoa — 1300 N. Cocoa Blvd., Cocoa, Florida 32922 — Phone (321) 632-2503 Fort Myers — 9970 Bavaria Road, Fort Myers, Florida 33913 — Phone (239) 768-6600 Miami — 2608 W. 841h Street, Hialeah, Florida 33016 — Phone (305) 825-2683 New Orleans — 1305 Distributors Row, Suite I, Jefferson, Louisiana 70123 — Phone (504) 835-2593 Port St. Lucie — 460 Concourse Place NW, Unit 1, Port St. Lucie, Florida 34986 — Phone (772) 878-0072 Sarasota — 78 Sarasota Center Blvd., Sarasota, Florida 34240 — Phone (941) 922-3526 Shreveport — 7222 Greenwood Road, Shreveport, Louisiana 71119 — Phone (318) 636-3673 Tallahassee — 3175 West Tharpe Street, Tallahassee, Florida 32303 — Phone (850) 576-6131 Tampa — 3925 Coconut Palm Drive, Suite 115, Tampa, Florida 33619 — Phone (813) 620-3389 West Palm Beach — 2200 North Florida Mango Road, Suite 101, West Palm Beach, Florida 33409 — Phone (561) 687-8200 -' Ardaman & Associates, Inc. Geotechnical, Environmental and Materials Consultants Indian River County Engineering Division 1801 27" Street, Bldg. A Vero Beach, Florida 32960-3388 Attention: Ms. Kirstin Leiendecker, P.E. Subject: Subsurface Soil Exploration and Geotechnical Engineering Evaluation Proposed Mast Arm Signal Poles 8th Street and 37th Street at Indian River Blvd. IRC Signalization Improvements Indian River County, Florida IRC P.O. No. 85231-00 Ms. Leiendecker: December 16, 2019 File No. 19-5523 As requested, we have completed a subsurface soil exploration and geotechnical engineering evaluation for the subject project. The purpose of performing this exploration was to provide soil parameters for use by others in designing the proposed traffic signal poles. This report documents our findings. SITE LOCATION The proposed signal poles will be located along Indian River Boulevard at the intersection of 8th Street (Sections 7 & 13, Township 33S and Range 39E & 40E) and 3711 Street (Section 25, Township 32S and Range 39E) in Vero Beach, Indian River County, Florida. The approximate site locations are shown superimposed on the Oslo and Vero Beach, Florida USGS Quadrangle Maps included as Figures 1 and 2. 1a3e11elki alZ610P.631:i1L0i[eP. It is our understanding that the project includes the design of new traffic signal poles for two intersections on Indian River Boulevard. Two mast arm signal poles will replace the existing strain poles at the northeast and southwest corners at the intersection with 8th Street. Two mast arm signal poles will be added; one at approximately 170 feet to the north from the existing mast arms at the northeast corner and another at the southwest corner at the intersection with 37th Street. We understand that all new mast arm signal poles will be supported by drilled shaft foundations. REVIEW OF SOIL SURVEY Based on review of the 1987 Soil Survey for Indian River County, Florida, as prepared by the U.S. Department of Agriculture Soil Conservation Service, the intersections are located within areas 460 NW Concourse Place, Unit 1, Port St. Lucie, Florida 34986 Phone (772) 878-0072 Fax (772) 878-0097 Florida: Bartow, Cocoa, Fort Myers, Miami, Orlando, Port St. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach Louisiana: Baton Rouge, New Orleans, Shreveport 811 & 371h Street Mast Arms at Indian River Blvd. -2- Ardaman File No. 19-5523 mapped as the Chobee loamy fine sand and Oldsmar fine sand, Wabasso fine sand and Pineda fine sand soil types. Brief descriptions of these soil types, as taken from the Soil Survey, are presented on the following page. According to the USDA Soil Survey, Chobee loamy fine sand is nearly level and very poorly drained soil found in depressions and poorly defined drainageways and on broad, low flats. Slopes are smooth to concave. They are dominantly less than 1 percent but range to 2 percent. Typically, the surface layer is black loamy fine sand about 5 inches thick. The subsoil extends to a depth of about 46 inches. The upper 12 inches of the subsoil is black sandy loam, the next 11 inches is very dark gray sandy clay loam, the 7 inches is dark grayish brown sandy loam, and the lower 11 inches is gray sandy loam. The substratum extends to a depth of 80 inches or more. The upper 8 inches of the substratum is gray loamy fine sand, and the lower 26 inches or more is greenish gray loamy fine sand. The water table is within a depth of 10 inches of the surface for more than 6 months during most years. It is above the surface for short periods after heavy rainfall and at a depth of 10 to 30 inches for short periods during dry seasons. Kesson muck is nearly level and very poorly drained soil and is frequently flooded. It is found in tidal swamps and marshes. This soil is formed in thick marine deposits of sand and shell fragments. These swamps and marshes are at or near sea level and are adjacent to the Indian River. Tidal water inundates most of these areas at high tide. Some areas of this soil have been levelled off and are used as mosquito control structures. Typically, the surface layer is about 6 inches thick. It is dark reddish brown muck that is about 30 percent unrubbed fiber and less than 5 percent rubbed. The underlying material is grayish brown and dark greenish gray fine sand mixed with about 15 to 25 percent sand -size shell fragments to a depth of 80 inches or more. Under natural conditions, this soil is flooded during normal high tides. FIELD EXPLORATION PROGRAM The field exploration program consisted of performing four Standard Penetration Test (SPT) borings in the vicinity of the proposed traffic signal pole foundation locations. The borings were advanced to an approximate depth of 30 feet below the existing ground surface using the general methodology outlined in ASTM D-1586. A summary of this field procedure is included in the Appendix. Split -spoon soil samples recovered during performance of the borings were visually classified in the field, and representative portions of the samples were transported to our laboratory in sealed sample jars for further classification and laboratory testing. The groundwater levels encountered in the borings were measured in the boreholes upon completion of drilling. The approximate location of each boring is shown on Figures 3 and 4. The boring locations were determined in the field by estimating distances from existing site features and should be considered accurate only to the degree implied by the method of measurement used. LABORATORY PROGRAM Representative soil samples obtained during our field sampling operation were packaged and transferred to our laboratory for further visual observation and classification. The soil samples 811 & 37th Street Mast Arms at Indian River Blvd. -3- Ardaman File No. 19-5523 were visually classified in general accordance with the Unified Soil Classification System (ASTM D-2488). The resulting soil descriptions are shown on the soil boring profiles presented on Appendix. GENERAL SUBSURFACE CONDITIONS General Soil Profile The results of the field exploration and laboratory programs are graphically summarized on the soil boring logs presented on Appendix. The stratification of the soil boring profiles represents our interpretation of the field boring logs and the results of laboratory examinations of the recovered samples. The stratification lines represent the approximate boundary between soil types. The actual transitions may be more gradual than implied. The results of the field and laboratory programs indicated the following general soil profile. Depth (feet below existing ground surface) Description (Unified Soil Classification) Fine sand [SP] to slightly silty/clayey fine sand [SP-SM/SP-SC] 0 to 8 (medium dense to very dense) OR Clayey fine sand [SC] (loose) Fine sand [SP] with varying amounts of 8 to 30 shell fragments (medium dense) This soil profile is outlined in general terms only. Please refer to the Appendix for soil profile details. Groundwater Level The groundwater level was measured in the boreholes on the date drilled. As shown on the soil boring profiles, groundwater was encountered in the boreholes at depths ranging from approximately 4 to 5 feet below the existing ground surface on the date indicated. Fluctuations in groundwater levels should be anticipated due to tidal fluctuations associated with the nearby Atlantic Ocean, and throughout the year primarily due to seasonal variations in rainfall and other factors that may vary from the time the borings were conducted. DESIGN SOIL PARAMETERS The results of our exploration indicate that the encountered soils appear suitable for supporting the proposed traffic signal mast arms. gth & 3711 Street Mast Arms at Indian River Blvd. Ardaman File No. 19-5523 Drilled Shaft Foundations for Mast Arm Poles -4- The drilled shaft foundations should be installed in accordance with the requirements of Section 455 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Due to the presence of cohesionless soils, and because the drilled shaft will extend well below the ambient groundwater level, we anticipate that the drilled shaft will be installed using a slurry displacement (wet) drilling method. We further anticipate that a temporary casing will be necessary to stabilize the near surface soils. We recommend that the plan sheets include a note advising the foundation contractor that the subsurface materials encountered during our site exploration may become unstable and cave in during excavation of the drilled shaft. In addition, we conservatively recommend assuming that groundwater levels could rise to the ground surface in the area of the proposed mast arm during severe storm events. According to the FDOT Design Standards Index 17743 Standard Mast Arm "D" & "E" Assemblies, drilled shaft foundations and base plates for standard mast arm assemblies are predesigned based on the soil criteria listed in Table 1 below. Table 1: Required Conditions for Standard Drilled Shaft Foundation Design Soil Classification: Cohesionless (fine sand) Friction Angle: 300 or greater Unit Weight: N -value 50 pcf or greater 15 * The above values assume that the design groundwater level is at the ground surface. Our estimate of the soil unit weight and shear strength parameters based on the subsurface conditions encountered at the boring location are presented in Table 2 below. We note that the estimated strength parameters at the 8' Street boring locations (SB -1 and SB -2) are lower than the minimum criteria applicable to mast arm foundations predesigned per Standard Index 17743; consequently, a site-specific design will be required for the 8th Street drilled shaft foundations using the estimated parameters listed in Table 2 below. Table 2: Recommended Drilled Shaft Design Parameters Boring Depth Unit Weight (pcf)** Angle of Internal Moist Saturated Submerged No. (ft)* N -value Friction Comments (pcf) (pcf) (pcf) (0) 0-18 9 105 113 50 30 Special Design SB -1 18-30 15 107 115 52 31 Required 0-4 12 105 113 50 31 Special Design SB -2 4-7 5 106 114 52 30 Required 7-30 13 104 112 50 31 811 & 371h Street Mast Arms at Indian River Blvd. -5- Ardaman File No. 19-5523 Table 2: Recommended Drilled Shaft Design Parameters Boring No. Depth (ft)* N -value Unit Weight (pcf)** Angle of Internal Friction (0) Comments Moist (pcf) Saturated (pcf) Submerged (pcf) 0 - 8 38 108 116 53 34 SB -3 8-30 24 106 114 52 33 Standard Design 0 - 8 15 107 115 52 31 SB -4 8-30 20 108 116 53 32 Standard Design **y buoyant (buoyant unit wt.) = ys (saturated unit wt.) - yW (unit wt. of water) The soil parameters presented above are based on the results of our subsurface soil exploration. We recommend that appropriate safety factors be used in the foundation design. The safety factors should be based on design and construction considerations which are beyond the scope of this report. The drilled shaft foundations must be installed such that the surrounding soils remain relatively undisturbed. Intimate contact must be made between the drilled shaft and the surrounding soil. Regarding drilling of the shaft, the use of surface casing and/or drilling mud will be required to facilitate installation and prevent collapses within the hole. Drilled shaft construction should be conducted by a Contractor who has demonstrated proficiency in this type of construction. The Contractor's construction techniques will influence the performance of the drilled shafts. CLOSURE The information submitted herein is based on the data obtained from the soil boring profiles presented on Appendix. This report does not reflect any variations which may occur adjacent to the borings. The nature and extent of the variations beyond the borings may not become evident until during construction. If variations then appear evident, it will be necessary to re-evaluate the data presented in this report after performing on-site observations during the construction period and noting the characteristics of the variations. This study does not include an evaluation of the environmental (ecological or hazardous/toxic material related) condition of the site and subsurface. This report has been prepared for the exclusive use of Indian River County in accordance with generally accepted geotechnical engineering practices. No other warranty, expressed or implied, is made. In the event any changes occur in the design, nature, or location of the proposed strain pole structures, we should review the applicability of recommendations in this report. 8th & 371h Street Mast Arms at Indian River Blvd. Ardaman File No. 19-5523 We are pleased to be of assistance to you on this phase of the project. When we may be of further service to you or should you have any questions, please contact us. Best Regards, ARDAMAN & ASSOCIATES, INC. Florida Certificate of Authorization No. 5950 \b\-` S ila Pant Assistant Project Engineer J. Now No. 639 o� ,AZ .� an J. e Branc M�15e Florida License o. 3911 • w ' 1� ��! ! • NM �i 11 � r • • �:i'- �� w.we • fll 4'.... If w 't i `s 1! • ,x. ■• __ sM� l;,,w., e � •�i ____ . ___�... a �� ,.. f.- (I - � � � • •w �N\�� ••N• . • ill � � .. i ••i — •• •s Lan n trip '•s 1 \ APPROXIMATE 11 * SITE LOCATION - iii y • � •' '� � � ` J -_ � �Kf . it II s I , r .r4 . _ evins �•• j � r— } V /Q,� II i 18 • �` • '\ Jungle Gardens x ��. �I I� •• 11 l t .i I! � •• � 1111 i� tl , ,,' • ,l � � to � 11 1�: l SECTIONS 7 & 13 TOWNSHIP 33 SOUTH SITE LOCATION MAP RANGE 39 & 40 EAST S�Ardaman & Associates, Inc. OBTAINED FROM U.S.G.S. QUAD MAPS: OSLO, FLORIDA 1949 Geotechnical, Environmental and N (PHOTOREVISED 1970) Materials Consultants Subsurface Soil Exploration Proposed Most Arm Signal Poles 8th and 37th Street at Indian River Blvd. Indian River County, Florida NOT TO SCALE IRC P.O. #85231-00 DRAWN BY: SP I CHECKED BY:DATE 12/4/19 FILE NO. I APPROVED BY: FIGURE 19-5523 *% BY (E) i if P 12_ 'r Gifford 11 11 ZIJ Pt if QEE�a Qifford Ir - N 27 J'LL w �� 0 j\ • _ - I M a y /�� APPROXIMATE = f g SITE LOCATION BM X22 1:0,: a� s V H I Al n 35 • ... 36 4 e ✓ Royal dark I , oBn(, i �;v • i Golf Case ndian River Hospital ��----- h: ( •'s: � • •� •r�• M �' - BM tel..:$' I •t V10(F)l I l ��•'1 1 ; 1 Stack(C) 1 .t : J ®m e •� ®L�L,J c L� j Il�/ y L— LTtiEI• % /�� _•1�1 1 1 .IIwZ!(: ell •Il :Ii=• ! I. � `---•" S==v-,i6.==" SECTION 25 TOWNSHIP 32 SOUTH SITE LOCATION MAP RANGE 39 EAST �� Ardaman & Associates, Inc. OBTAINED FROM U.S.G.S. QUAD MAPS: VERO BEACH, FLORIDA 1950 Geotechnical, Environmental and N -11MMaterials Consultants Subsurface Soil Exploration Proposed Most Arm Signal Poles Bth and 37th Street at Indian River Blvd. Indian River County, Florida NOT TO SCALE IRC P.O. #85231-00 DRAWN BY: SP I CHECKED BY: DATE: 12/419 FILE NO. APPROVED BY: FIGURE: ^ 19-5523 L APPENDIX Soil Boring Profiles � w Ardarnan & Associates, Inc. STANDARD PENETRATION TEST BORING LOG BORING SB -1 PROJECT: Mast Arm Signal Poles FILE No.: 19-5523 8th and 37th Street at Indian River Blvd., Indian River County BORING LOCATION: As per Boring Location Plan. WATER OBSERVED AT DEPTH 4 DRILL CREW: Centerline DATE DRILLED: 11/26/19 DEPTH SYMBOLS SAMPLE N N VALUE (FEET) FIELD TEST DATA SOIL DESCRIPTION No. VALUE 0-- . 2/6 ...................................................................... Gray fine sand [SP], trace roots ........ 2/6 3/6 5 ....... 5/6 5/6 . ...................................................................... 5/6 Gray slightly silty fine sand [SP -SM], trace shell 2 10 5/6 7/6 3/6 Gray slightly clayey fine sand [SP -SC], trace shell 5-- X3/6 6 . . . . . . . . . 3/6 3/6 3/6 4 5/6 5/6 10 7/6 . 4/6 ...................................................................... Light gray fine sand [SP] 5 5/6 11 6/6 10-- 6/6 56 6 5/6 4/6 7/6 9 15-- . '•. 5/6 -------------------------- ---------------------------------- sand [SP], with shell 7 7/6 7/6 14 20-- 7/6 7Graysand ................................................................ [SP], trace shell 7/6 9/6 16 8/6 . . . . . . . . 25-- 5/6 - -------- ------------------------------------------------------ slightly silty fine sand [SP -SM], some shell 9 6 1-.4-fS,'-f 7/6 13 30 T Boringterminated at 30 feet. NOTES: FIELD TEST DATA ARE "BLOWS"/"INCHES DRIVEN" 140 -LB HAMMER, 30 -INCH FALL. (ASTM D-1586) , Ardarnan & Associates, Inc. Ardaman &Associates, Inc. STANDARD PENETRATION TEST BORING LOG BORING SB -2 PROJECT: Mast Arm Signal Poles FILE No.: 19-5523 8th and 37th Street at Indian River Blvd., Indian River County BORING LOCATION: As per Boring Location Plan. DRILL CREW: Centerline WATER OBSERVED AT DEPTH 4 DATE DRILLED: 11/26/19 DEPTH SYMBOLS SAMPLE N N VALUE (FEET) FIELD TEST DATA SOIL DESCRIPTION No. VALUE 2/6 Gray fine sand [SP], trace roots I 4/6 10 6/6 6/6 6/6 7/6 13 6/6 r,; 5/6 2/6 Gray clayey fine sand [SC] 5 x i 3/6 5 2/6 4/6 4/6 3 4/6 --------••---••-----------------------------•-••......•••••.....----- 8 {.j Slightly silty gray fine sand [SP -SM] 4 S/6 5/6 Gray fine sand [SP], trace shell 6/6 12 6/6 sf 10 5/6 3/6 4/6 Gray fine sand [SP] 6/6 10 7/6 15 6/6 �y fine sand [SP], and shell ; 7/6 13 20: - a>, �' '° 7/6 1 �: 4'111 *. 8/6 8/6 ------- ---- - ----------------------------------------------------- Gray fine sand [SP], some shell 8 11/6 19 25 - 11/6 r r 6i6 -- Sh elly fine sand 7/6 13 30 �s +� 6/6 Boring terminated at 30 feet. NOTES: FIELD TEST DATA ARE "BLOWS"/" INCHES DRIVEN" 140 -LB HAMMER, 30 -INCH FALL. (ASTM D-1586) Ardaman & Associates, Inc. Ardarnan & Associates, Inc. STANDARD PENETRATION TEST BORING LOG BORING SB -3 PROJECT: Mast Ann Signal Poles FILE No.: 19-5523 8th and 37th Street at Indian River Blvd., Indian River County BORING LOCATION: As per Boring Location Plan. DRILL CREW: Centerline WATER OBSERVED AT DEPTH 5 DATE DRILLED: 11/26/19 DEPTH SYMBOLS SOIL DESCRIPTION SAMPLE N N VALUE (FEET) FIELD TEST DATA No. VALUE 0-- . 16/6 22/6 --i:�W�;�-w-n--&-e-s-a-n--d-[-S--P-],--w-it-h--s-h-e-11 5 . " ... Asphalt and 4" ............... Base .................................................... ---------------------------------- i 60 38/6 60 38/6 18/6 21/6 . ...................................................................... 2 45 24/6 Brown slightly silty fine sand [SP -SM], some shell 24/6 3 10/6 L 12/6 24 12/6 13/6 Vj 4 1 7/6 11/6 — ------------------------------------------------------------- 4 22--------- . . . . . . 11/6 Grayish brown slightly silty fine sand [SP -SM], trace shell . . . . . . 6/6 i 3/6 ....................................................... Grayish brown slightly silty fine sand [SP -SM] 5 4/6 8 4/6 10--6/6 " J I- ;L J 4 . 9/66 18/6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grayish brown fine sand [SP] 23/6 31 15-- 35/6 . 9/6 ..................................................................... Gray fine sand [SP], trace shell . G 7 12/6 15/6 27 . . . . . . . 4/6 . . . . . 20 -- 9/6 8 . . . . 11 /6 24 13/6 14/6 25-- . ............... ...................................................... Gray fine sand [SP]. 9 14/6 7/6 31 31/6 . . . . . 30 -- Boring terminated at 30 feet. NOTES: FIELD TEST DATA ARE "BLOWS"/"INCHES DRIVEN" 140 -LB HAMMER, 30 -INCH FALL. (ASTM D-1586) Ardarnan & Associates, Inc. Ardaman & Associates, Inc. STANDARD PENETRATION TEST BORING LOG BORING SB -4 PROJECT: Mast Arm Signal Poles FILE No.: 19-5523 8th and 37th Street at Indian River Blvd., Indian River County BORING LOCATION: As per Boring Location Plan. DRILL CREW: Centerline WATER OBSERVED AT DEPTH 4.5 feet DATE DRILLED: 11/26/19 DEPTH SYMBOLS SOIL DESCRIPTION SAMPLE N N VALUE (FEET) FIELD TEST DATA No. VALUE . I . I = - o - 0-- . 3/6 ....................................................................... Brown slightly clayey fine sand [SP -SC], some shell ...... 5/6 5/6 10 7/6 ....... 10/6 . ...................................................................... x 10/6 Slightly silty fine sand [SP -SM], some shell and clay nodules 19 6/6 9/6 3 9/6 5-- 9/6 18 i 9/6 10/6 6/6 . ...................................................................... 3 Gray slightly silty fine sand [SP -SM] 12 75/6 /6 11/6 . 3/6 ...................................................................... Grayish brown fine sand [SP], trace shell 5 4/6 11 4/6 10 6/6 . ...................................................................... Gray fine sand [SP], trace shell 6 12/6 14/6 26 15 -- 14/6 8/6 7 11/6 21 10/6 20 9/6 . . . . . 8/6 8 11 /6 11/6 12/6 2-- 5 8/6 9 9/6 18 9/6 9/6 30 Boring terminated at 30 feet. NOTES: FIELD TEST DATA ARE "BLOWS"/" INCHES DRIVEN" 140 -LB HAMMER, 30 -INCH FALL. (ASTM D-1586) Ardaman & Associates, Inc.