Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2020-193A
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION BID NO. 2020056 PROJECT NO. IRC -1801A 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 JAMES W. ENNIS, PE, PMP, ASSISTANT PUBLIC WORKS DIRECTOR TABLE OF CONTENTS Section No. Title IRC -1801A 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 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1601A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DtV 0 1 Bidding Documents.docx — — DIVISION 1 GENERAL REQUIREMENTS DIVISION 2 TECHNICAL PROVISIONS APPENDIX A PERMITS - BUILDING PERMIT APPENDIX B INDIAN RIVER COUNTY PERMIT FEE SCHEDULE + + END OF TABLE OF CONTENTS + + IRC -1801A Table of Contents - 00010 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation-Admin\Bids\Bid Documents\Bid Dts\DIV 0 1 Bidding Documents.docx cumen— — IRC -1801A SECTION 00100 — Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 271h 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. September 3. 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 COUNTY COURTHOUSE PARKING GARAGE REHABILITATION and Bid No. 2020056". 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 -1801A INDIAN RIVER COUNTY BID NO. 2020056 PROJECT DESCRIPTION: The proposed improvements to the IRC Courthouse Parking Garage include repair of spalled concrete, rehabilitation of stair structures, replacement of existing parking deck expansion joints, replace existing joint sealant materials, install new traffic coating, and restripe parking spaces and traffic markings. Also includes the replacement of existing drain bowl clamping rings, trench drain liner and the removal of existing metal door frames. All work shall conform to current local and state building code requirements. 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.iregov.com/Departments/Budget/PurchasiDg. All communications concerning this bid shall be directed to IRC Purchasing Division at purchasing@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 Advertisement for Bids - 00100 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTSM01A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 1 Bidding Documents.docx — — IRC -1801A 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 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 Pre -Bid Conference will be held on Wednesday, August 19, 2020 at 10:00 A.M., in the first floor conference room of the Al -303 of the Indian River County Administration Building located at 180127 th Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE IS HIGHLY ENCOURAGED. INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication in the Indian River Press Journal Date: 8-9-2020 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 (:\Public WorksIENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 1 Bidding Documents.docx — — IRC -1801A SECTION 00101 — Statement of No Bid Statement of No Bid Should you elect not to bid, please complete and send this page by email (purchasine(aDircgov.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 0 Project value too low Project specifications unclear (please explain below) 0 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\t-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 1 Bidding Documents.docx IRC -1801A SECTION 00200 — Instructions to Bidders TABLE OF CONTENTS Article No. - Title Paqe 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.Tublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0_1 Bidding Documents.docx SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject IRC -1801A Article AWARDOF CONTRACT..........................................................................................................19 BASIS OF BID; EVALUATION OF BIDS...................................................................................14 BIDSECURITY...........................................................................................................................8 BIDS TO REMAIN SUBJECT TO ACCEPTANCE.....................................................................18 CONTRACT SECURITY AND INSURANCE.............................................................................20 CONTRACTTIMES....................................................................................................................9 COPIES OF BIDDING DOCUMENTS.........................................................................................2 DEFINEDTERMS.......................................................................................................................1 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE..................4 INTERPRETATIONS AND ADDENDA........................................................................................7 LIQUIDATEDDAMAGES..........................................................................................................10 MODIFICATION AND WITHDRAWAL OF BID..........................................................................16 OPENINGOF BIDS..................................................................................................................17 PRE-BID CONFERENCE...........................................................................................................5 PREPARATIONOF BID...........................................................................................................13 QUALIFICATIONS OF BIDDERS................................................................................................3 SIGNINGOF AGREEMENT.....................................................................................................21 SITEAND OTHER AREAS.........................................................................................................6 SUBCONTRACTORS, SUPPLIERS, AND OTHERS................................................................12 SUBMITTALOF BID.................................................................................................................15 SUBSTITUTE AND "OR -EQUAL" ITEMS..................................................................................11 Instructions to Bidders - 00200 - ii F:\PublicWorkskENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 1 Bidding Documents.doex — IRC -1801A 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 PROJECTSM01A IRC Courthouse Parking Garage Rehabilitation\l-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 1 Bidding Documents.docx — IRC -1801A 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 WorksIENGINEERING DNISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 1 Bidding Documents.dom — — IRC -1801A responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Upon a request directed to the Purchasing Division (purchasing.(-ircgov.com or (772) 226-1416), OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 "This paragraph has been deleted intentionally" 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead, surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; Instructions to Bidders - 00200 - 3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1i1ation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0-1 Bidding Documents.docx — IRC -1801A 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 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 HIGHLY ENCOURAGED to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 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(a-)ircgov.com) in writing. Interpretations or clarifications considered Instructions to Bidders - 00200 - 4 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids0d Documents\Bid Dcuments\DIV 0 1 Bidding Documents.docx — — IRC -1801A 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; cashiers 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 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 1 Bidding Documents.docx — — IRC -1801A 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 PROJECTSN1801A IRC Courthouse Panting Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 1 Bidding Documents.docx — — IRC -1801A seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. 13.13 In accordance with Florida Statutes Section 218.80, the "Public Bid Disclosure Act", Indian River County as OWNER is obligated to disclose all license, permit, impact, or inspection fees that are payable to Indian River County in connection with the construction of the Work by the accepted bidder. All permit, impact, or inspection fees payable to Indian River County in connection with the work on this County project will be paid by Indian River County, with the exception of re -inspection fees. The Bidder shall not include ANY PERMIT, IMPACT, NOR INSPECTION FEES payable to Indian River County in the bid. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and Instructions to Bidders - 00200 - 7 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0-1 Bidding Documents.docx — IRC -1801A 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. Qualifications Questionnaire. C. List of Subcontractors. D. 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 F:\PublicWorksXENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilita1ion\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 1 Bidding Documents.docx — — IRC -1801A 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 1 Bidding Documents.docx — — IRC -1801A 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\1801A IRC Courthouse Parking Garage Rehabilitation\t-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 1 Bidding Documents.docx — — IRC -1801A 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 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\13id Documents\Bid Dcuments\DIV 0 1 Bidding Documents.dou — — SECTION 00300 — Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE Bid Form OR W Swom Statement on Disclosure of Relationships Qualifications Questionnaire List of Subcontractors Certification Regarding Prohibition Against Contracting with Scrutinized Companies SECTION NUMBER 00310 00430 00452 00456 00458 00460 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 Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Adrrrin\B CIS\Bid Documents\Bid Dcuments\DN 0_2 Bidding Documents.docx SECTION 00310 — Bid Form PROJECT IDENTIFICATION: Project Name County Project Number: Bid Number: Project Address: Project Description THIS BID IS SUBMITTED TO INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION IRC -1801A 2020056 206516 TH AVENUE, Vero Beach, FL 32960 The proposed improvements to the to the il2C Courthouse Parking Garage include repair of spalled concrete, rehabilitation of stair structures, replacement of existing parking deck expansion joints, replace existing joint sealant materials, install new traffic coating, and restripe parking spaces ' and traffic markings. Also includes the replacement of existing drain bowl clamping rings, trench drain liner and the removal of existing metal door frames. All work shall conform to current local and state building code requirements. INDIAN RIVER COUNTY 1800 271 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 08/21 08/27 Addendum Number 1 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. Bid Form REV 04-07 - 00310 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTSN1801A IRC Courthouse Parking Garage Rehabilitation\1-Admi\B1d\Bi nsd Documents\Bid Dcuments\DIV 0 2 Bidding Documents.docx — _ C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] Bid Form REV 04-07 - 00310 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids0d Documents\Bid Dcuments\DIV 0_ Bidding Documents.docx ** * * * ADDENDUM -1 ** ADDENDUM - 2 ITEMIZED BID SCHEDULE PROJECT NAME: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION PROJECT NO. IRC -1801A BID NO. 2020056 BIDDER'S NAME One Source Restoration & Building Services, Inc item No ' Descrition � Ont . Um�fPcice Quantify. - 1 MOBILIZATION LS 49,827.00 1 59,827.00 2 MAINTENANCE OF TRAFFIC LS 3 070.00 1 3,070.00 3 REPAIR SPALLED CONCRETE SF 1 126.00 100 12,600.00 4 REHABILITATION OF STAIR STRUCTURES LANDINGS EA 5,720.00 4 22,880.00 5,670.00 5 REPLACE ELEVATOR SHAFT CEILING SF 42.00 135 6 REPLACE PARKING DECK EXPANSION JOINTS LF 73.00 570 41,610.00 3,380.00 7 8 REPLACE JOINT SEALANT MATERIAL INSTALL NEW TRAFFIC COATING LF SF 3-38t50,325 2.8 0 140,910.00'I 9 10 11 RESTRIPE SPACES AND LANE IDENTIFIERS REPLACE EXISTING DRAIN BOWL CLAMPING RINGS REMOVE EXISTING METAL DOOR FRAMES LF 1 EA EA 2.14 221.00 175.00 4,500 24 7 9,630.00 5,304.00 1,225.00 12 INSTALL NEW TRENCH DRAIN LINER LF 104.00 58 6,032.00 13 ELASTOMERIC SILICONE COATING SF 1.32 23,800 31,416.00 COURTHOUSE PARKING GARAGE REHABILITATION SUB -TOTAL 333,554.00 FORCE ACCOUNT $35,000.00 TOTAL BID AMOUNT (INCLUDING FORCE ACCOUNT) TOTAL 368,554.00 TOTAL PROJECT BID AMOUNT IN WORD Three Hundred Sixtv-Eight Thousand Five Hundred Fifty Four Dollars 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. SF=Square Feet LS=Lump Sum EA=Each LF=Linear Feet 00310-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\Addendums\Add-2\IRC1801 A_I BS_ADD_2_20200826.xls 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the Purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.6 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Itemized Bid Schedule; B. Required Bid security in the form of Bid Bond C. Sworn Statement under Section 105.08, Indian River Code, on Disclosure of Relationships; D. Qualifications Questionnaire; E. List of Subcontractors; F. Certification Regarding Prohibition Against Contracting with Scrutinized Companies DIV 0-2—Bidding Documents.docxBid Forth - 00310 - 4 F:\Public Works%ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0_2_Bidtling 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 September, 2 , 2020. State Contractor License No. 1520102 If Bidder is: An Individual Name (typed or printed): By: (Individual's signature) (SEAL) Doing business as: Business address.- Phone ddress:Phone No.: FAX No.: Email: A Partnership Partnership Name: (SEAL) By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: Email: FAX No.: A Corporation Corporatio ame: One Source Restoration & BuildingServices Inc. (SEAL) State oa"e tion: NJ Type (siness, Professional,Service, Limited Liability): By: ignath evidence of authority to sign) Name (typed or printed): Les Mouzon Title: Ex[eccuutive Vice President Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business address: 102 S Armenia Ave. Tampa, FL 33609 Phone No.: 813-462-9040 FAX No.: 813-200-2291 Email: Les _onesourceresto com Date of Qualification to do business is 0712013 DIV 0-2—Bidding Documents.docxBid Forth - 00310 - 5 F:\Pubficworks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Adm6n\Bids0d Documents\Bid Dcuments\DIV 0 2_Bidding Documents.docx A Joint Venture Joint Venture Name: By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: rnone NO.: Email: Joint Venture Name: FAX No.: By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Email: Phone and FAX Number, and Address for receipt of official communications: (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 Documents. docxBid Form - 00310 - 6 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Docurrents\Bid Dcuments\DIV 0_2_Bidding Documents.docx Conforms with The American Institute of Architects AiA Document 310 Bid Bond CONTRACTOR: SURETY: (1`arae, legal statrti and addi'c ssj Name, legal .!cars curd princilial place c fhjLvil7L.Ca) One Source Restoration & Building Services, Inc. 102 S. Armenia Ave Tampa, FL 33618 OWNER: (Nance, legal status acrd address) Indian River County 1800 27th Street, Building B Vero Beach, FL 32960 BOND AMOUNT: $ 5% Old Republic Surety Company P. O. Box 1635 Milwaukee, WI 53201-1635 Five Percent of Amount Bid PROJECT: (Name. location or address. andl'rojeeturrruher, if ant% BID NO. 2020056 PROJECT NO. IRC -1801A INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION 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 fortis above, for the payment of which the Contractor and Surcty bind thcntsclvcs, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such tine period as may be agreed to by the Ovoier and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terns of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Proiect and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt Payment of labor and naterial fumished 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 perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in lull lbrce and ell'ecl. The Surely hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time fior acceptance ol'bids specilied in the bid documents, and the Oivner and Contactor shall obtain the Surety s consent lbr an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owilcr shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location orlhe Project. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herelrom and provisions conlbn1ling to such statutory or other legal requirement shall be deemed incorporated herein. When so lumished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Sigtrcd and scaled this 3rd da; of September, 2020 (lPitnes) Step ie Wall S-0054/AS 8/10 " One Sourc Rest ra on & Building Services, Inc. (Principal (seal) By: r -- (Title) Old Republic Surety Company s� <. f (TWOKevin Richard Wojtowicz Attorney-in-FaQt . REPUBLIC SURETYCOMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Kevin Richard Wojtowicz, John R. Neu, Tracey C. Brown -Boone, Daniel Oaks, Jessica Reno, Laura D. Mosholder of St. Petersburg, FL its true and lawful Attomey(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a. seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 27th day of March 2020 SURFr'o; OLD REPUBLIC SURETY COMPANY .. J_ coaronparf o ; SEAL a = = l O Ass.„ant Secreta _ _ .... ,,�,*,,,,,,,,,,”°� STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS President On this 27th day of March 2020 and Karen J Haffner ,personally came before me, _ _ Alan Pavlic to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duty swom, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. � DTA.? Notary Public CERTIFICATE My Commission Expires: September 28. 2022 ..it:esi?=FyE6 of nota ,_, ,p s. (Expiration ry's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD RE_P.t)§L _ L T>•YT+EQId(PANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not bee `ret-6k_ed;"arta`€uP ermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. WLOPPoA1TfO'� " � O e,I ye' V 92 2280 = g SEE1� i € Signed aid seted gr$bl eld, WI this day of ORSC 22262 (3-06) sff�6F4.?Of691'.'�+tom . Ass is_it Secreta r NIELSON, WOJTOWICZ AND ASSOC 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. I . This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2020056 for INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION 2. This sworn statement is submitted by: One Source Restoration & Building Services, Inc. (Name of entity submitting Statement) whose business address is: 102 S Armenia Ave. Tampa, FL 33609 3. My name is Les Mouzon (Please print name of individual signing) and my relationship to the entity named above is Executive 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. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] x Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. Sworn Statement of Disclosure of Relationships - 00452-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\8ids\1Nd Documents\Bid Dcuments\DN 0_2 Bidding Documents.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 FL COUNTY OF Hillsborough Name of County Commissioner or employee Relationship J� (Signature) 09/02/20 (Bate) Sworn to (or affirmed) and subscribed before me by means of El physical presence or ❑ online notarization, this 2 day of 20 20 by Les Mouzon name of g ) sept. ( person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) 2pt�!F P LAUREN RHODE .; MY COMMISSION 4 GG 974576 po: EXPIRES: March 31, 2024 %:;OF FL�.•, Bonded ihru Notary Public Underwriters Swom Statement of Disclosure of Relationships - 00452-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids1Bid Documents0d Dcuments\DIV 0_2_Bidding Documents.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 -1801A Project Name: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION Bidder's Name / Address: One Source Restoration & Buildina Services, Inc 2. Bidder's Telephone & FAX Numbers: 813-462-9040 & 813-200-2291 Licensing and Corporate Status: a. Is Contractor License current? Yes. b. Bidder's Contractor License No: 1520102 [Attach a copy of Contractor's License to the bid] C. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 7 years 5. What is the last project OF THIS NATURE that the firm has completed? DMS Parking Garage - Contract value: 700K 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.] Has the firm ever been assessed liquidated damages? No. [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? No. [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 9. Has the firm implemented a drug-free workplace program in compliance with Florida Statute 287.087? Yes. Qualifications Questionnaire - 00456 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTSM01A IRC Courthouse Parking Garage Rehabi1itation\1-Adntln\Bids\Bid Docurnents\Bid DcumentsTrV 0_2_Bidding Documents.dom (In the case of a tie, preference will be given to businesses with drug-free workplace programs) 10. Has the firm ever been charged with noncompliance of any public policy or rules? 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.] 11. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 12. Has the firm ever defaulted on any of its projects? No. [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 13. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 14. Name of person who inspected the site of the proposed work for the firm: Name: Les Mouzon Date of Inspections: _QJ1 15. Name of on-site Project Foreman: Seth Mouzon Number of years of experience with similar projects as a Project Foreman: 15 16. Name of Project Manager: Jose Iglesias Number of years of experience with similar projects as a Project Manager: 33 17. State your total bonding capacity: 750K 18. State your bonding capacity per job: 1,000,000.00 19. Please provide name, address, telephone number, and contact person of your bonding company: Nielson, Wojtowicz, Neu & Associates - Devin Phillips 727-209-1803 1000 Central Avenue, Suite 200. St. Petersburg, FL 33705 [The remainder of this page was left blank intentionally] Qualifications Questionnaire - 00456 - 2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0_2_Bidding Documents.docx 6 n 7 0 r C $ 2 V o 0 3 k k v � 0 L 'FuJ\ LO 0) co oCd LO .r I N CD 0 E Z= �a 0 ( c to o @ C kco W —a) N00 �7 k% & opo U k £ A o � \ �� � co f ƒ § CD 0 �$ O §� 0�2 (D 2 E o k � ■ . ■ k E @ _. r U � \ \ ° 0) @ co f � 3 co 40 0 c O °I o» E \ j 2 Co $ @§m m O eo . L {E . O 2 mD . n SECTION 00458 — List of Subcontractors The Bidder DUST 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 -1801q for INDIAN RIMER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION Note: Attach additional sheets if required. * * END OF SECTION * * List of Subcontractors REV 3-18A - 00458 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilita1ion\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0_2 Bidding 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 foy4gd to have been engaged in business operations in Cuba or Syria. Name of spo By: 1. -- (Authorized ier tnLLes Mouton re) Title: Executive Vice President Date: 04/02/20 Certification Regarding Prohibition Against Contracting - 00460 - i FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bld DOcurnents\Bid Dcuments\DIV 0.2 Sidding Documents.dom One Source Restoration & Bldg. Services Balance Sheet 07131,20 Assets Current Assets 10000 Cash 11000 Accounts Receivable 14000 Prepaids 13000 Inventory 15000 Costs in Excess of Billings Total Current Assets Fixed Assets • Net 16000 Land/Buildings/Leaseholds - Net 16100 Construction Equipment - Net 16200 Office Equipment/Computers - Net 16400 Vehicles - Net Total Fixed Assets - Net 17000 Other Assets Total Assets Liabilities Current Liabilities 20000 Accounts Payable 20500 Credit Cards Payable 21000 Accruals 24600 Short Term Notes - 24700 Current Portion - Long Tenn Debt 25000 Billings in Excess of Costs Total Current Liabilities Long Term Liabilities 26000 Long Term Notes 28800 Deferred Items Total Long Term Liabilities Total Liabilities Shareholders Equity 29100 Owners Contribution 29200 Owner's Draw 30000 Capital Stock 30100 Capital Surplus 31000 Retained Earnings 32000 Year to Date Earnings Total Shareholders Equity Total Liabilities and Equity 195,175.46 49,805.34 0.00 0.00 0.00 244,980.08 0.00 0.00 9,060.16 0.00 9,060.16 0.00 13,448.74 32.55 26,315.41 125,000.00 0.00 0.00 164,796.70 -8,000.00 0.00 -8,000.00 156,796.70 100,000.00 0.00 0.00 0.00 0.00 -2,755.74 97,244.26 254,040.96 254,040.96 One Source Restoration & Bldg. Services 0.0 0.00 Income Statement 56000 Depreciation & Amortization 1,040.77 0.00 0.2 0.0 07131/20 0,2 58000 Donations & Contributions Construction Revenue Startup-JUL 2020 % Year to Date 0.00 41000 Contract Sales & Revenue 469,065.42 100.0 469,065.42 100.0 Total Construction Revenue 469,065.42 100.0 469,065.42 100.0 Construction Costs 150,024.07 32.0 66000 Insurance Labor Costs Material Costs 50,267.95 10.7 50,267.95 10.7 Subcontract Costs 43,195.13 9.2 150,972.44 32.2 43,195.13 9,2 Equipment Costs 14,464.30 3.1 150,972.44 14,464.30 32.2 3.1 General Costs Burden Costs 0.00 0.0 0.00 0.0 45500 Cost of Goods Sold 0.00 0.0 0.00 0.0 0.00 0.0 46000 Indirect Construction Costs 12,117.95 2.6 0.00 12,117,95 0.0 2.6 Total Construction Costs 271,017.77 57.8 271,017.77 57.8 Gross Profit From Construction 198,047.65 42.2 198,047.65 42.2 General & Administrative 52000 Bad Debt 54000 Bank Charges 0.00 0.0 0.00 0.0 56000 Depreciation & Amortization 1,040.77 0.00 0.2 0.0 1,040.77 0,2 58000 Donations & Contributions 0.00 0.0 0.00 0.0 60000 Dues & Subscriptions 62000 Employee Expense 1,499.00 0.3 0.00 1,499.00 0.0 0.3 64000 Fees, Licenses, Tools 150,024.07 299.70 32.0 0.1 150,024.07 32.0 66000 Insurance 0.00 0.0 299.70 0.1 68000 Marketing & Sales Expense 7,577.91 1.6 0.00 0.0 70000 Miscellaneous 0.00 0.0 7,577.91 1.6 74000 Office & Occupancy Expense 39,698.82 8.5 0.00 39,698.82 0.0 g.5 76000 Professional Expense 0.00 0.0 0.00 78000 Repair & Maintenance 663.12 0.1 663.12 0.0 0.1 86000 Taxes 88000 Telephone 0.00 0.0 0.00 0.0 Total General & Administrative 0.00 200,803.39 0.0 42.8 0.00 200,803.39 0.0 42.8 Operating Profit 2,755.74 0.6 2,755.74 0.6 Other Income & Expense 90100 Other Income 91100 Other Expense 0.00 0.0 0.00 0.0 Total Other Income & Expense 0.00 0.00 0.0 0.0 0.00 0.0 0.00 0.0 Pre Tax Profit -2,755.74 6.6 -2,755.74 -0.6 97000 Federal Income Tax 0.00 0.0 0.00 0.0 98000 State Income Tax 0.00 0.0 0.00 0.0 Net Profit After Tax -2,755.74 -0.6 2,755.74 -0.6 2019 - 2QX HILLSI30R000H COUNTY BUSINESS TAX RECEIPT EXPM 8 R 30e � � OCC-CODE 2110.02MM OFFICE NI MMAINIM RooW Fee 30.00 Hawdoin vaft slumhupe o.m !m Lbmy Fes 0.00 WC.BTOWICZ, NEU & ASSOCIATES April 16, 2020 A NIE(SON HOOVER GROUP COMPANY Re: One Source Restoration & Building Services, Inc. To Whom It May Concern: This is to advise you that Nielson, Wojtowicz, Neu and Associates provides bid, performance, and payment bonds for One Source Restoration & Building Services, Inc.The name of their surety is Old Republic Surety Company, which carries an A.M. Best Rating of A+XV, and it is listed in the Department of Treasury's Federal Register. Based upon normal and standard underwriting criteria at the time of the request, Old Republic Surety Company should be in a position to provide One Source Restoration & Building Services, Inc. Performance and Payment Bonds for single projects in the amount of $750,000 and aggregate support in the amount of $1,000,000. We reserve the right to review final contractual documents, bond forms and obtain satisfactory evidence of funding prior to final commitment to issue bonds. One Source Restoration & Building Services, Inc.is an excellent contractor and we hold them in highest regard. We feel extremely confident in our contractor and encourage you to offer them an opportunity to execute any upcoming projects. This letter is not an assumption of liability, nor is it a bid or performance and payment bond. It is issued only as a bonding reference requested by our respected client. We assume no liability to the Obligee, or its affiliates if for any reason we do not execute such bonds. If you should have any questions, please do not hesitate to give me a call. Sincerely, Kevin Richard Wojtowicz Surety Bond Specialist 1000 Central Avenue Suite 200 St. Petersburg, FL 33705 P: 727.209.1803 F: 727.209.1335 I.,, :d. CONCRETE RESTORATION REFERENCES Charles Perry Partners: Calvin Peterson Email: calvin.peterson@cppi.com Mobile: 352.494.2698 Washington Prime Group: Kenny Adams Email: kenny.adams@washingtonprime.com Mobile: 813.767.3805 Wright Construction Group: John Purnell Email: john.purnell@wcgfl.com Mobile: 239.481.5000 Garage Experience OF Garage Repairs Project Address: Universityof Florida 232 Stadium Drive Gainesville, FL. 32611 Start: 03/18 Complete:08/18 Owner Contacts: University of Florida Contacts: Owner's Representative: Calvin Peterson, III Telephone Number: 352-494-2698 One Source Restoration & Building Services, Inc. 102 S. Armenia Ave. Tampa, FL. 33609 P: 813-462-9040 Name of General Contractor: Charles Perry Partners, Inc. Contacts: Project Manager's Name: Calvin Peterson, III. Project Superintendent's Name: Bary Carlton General Contracting Company Address: 706 SW 4th Ave. Gainesville, FL. 32601 Telephone Number: 352-373-5770 Fax Number: 352-373-5119 Your Contract Amount for the Project: $654,545.00 Budget Achievement: under budget Schedule: met schedule Claims: no claims Quality Control: Surface prep and MTRL installation was observed and approved by the engineer and MTRL manufacturer. No warranty claims Scope of Work Performed: Concrete patching, caulking, traffic coating, water repellent, expansion joints Short Terra Garage & Long Terre Garage Level 6 Project Address: Tampa International Airport 4100 George J. Bean Pky Tampa, FL. 33607 Start: 03/15 Complete: 09/15 Owner Contacts: Hillsborough County Aviation Authority Contacts: Owner's Representative: John Mallory Telephone Number: 813-870-7830 Name of General Contractor: Tagareli Construction, Inc. Contacts: Project Manager's Name: Les Mouzon Project Superintendent's Larne: Kevin Castor General Contracting Company Address: 58 West Tarpon Ave. Tarpon Springs, FL. 34689 Telephone Number: 813-380-5510 Your Contract Amount for the Project: $1,258,981.00 Budget Achievement: Schedule: met budget Claims: no claims (duality Control: Surface prep and MTRL installation was observed and approved by the engineer and MTRL manufacturer. No warranty claims Scope of Work Performed: Caulking, concrete patching, traffic coating, water repellent, expansion joints WestShore Garage Repairs Project Address: WestShore Plaza 250 WestShore Plaza Tampa, FL. 33609 Start: 06/17 Complete: 10/17 Owner Contacts: Washington Prime Group / WestShore, LLC Contacts: Owner's Representative: Kenny Adams Telephone Number: 813-286-0792 Name of General Contractor: Aduddell Industries Contacts: Project Manager's Name: Les Mouzon Project Superintendent's Name: Seth Mouzon General Contracting Company Address: 10150 Highland Manor Dr. Suite 200. Tampa, FL. 33610 Telephone Number: 813-380-5510 Your Contract Amount for the Project: $295,668.00 Budget Achievement: Schedule: met budget Claims: no claims Quality Control: Surface prep and MTRL installation was observed and approved by the engineer and MTRL manufacturer. No warranty claims Scope offlork Performed: Expansion joints, caulking, traffic coating, water repellent, structural concrete repair DMS Parking Garage 2019 Project Address: Fort Myers Completion Time: 4 months Owner: DMS Contacts: John Purnell Owner's Representative: John Purnell, Project Manager Telephone Number: 813-286-0792 Name of General Contractor: Wright Construction Group Project Manager's Name: Les Mouzon Project Superintendent's Name: Seth Mouzon Your Contract Amount for the Project: $700,000.00 Budget Achievement: under budget by 18% Schedule: met budget Claims: no claims Quality Control: Surface prep and MTRL installation was observed and approved by the engineer and MTRL manufacturer. No warranty claims Scope of Work Performed: Concrete sealer application, caulking, water repellent, structural concrete repair City of Tampa Parking Garages 2018 Project Address: Poe Garage, Central Ybor Garage, Palm Avenue Garage 1500 E 5th Ave, Tampa, FL 33605 Completion Time: 2 months Owner: City of Tampa Contacts: Bob Schmucker Owner's Representative: Bob Schmucker Telephone Number: 813-393-7885 Name of General Contractor: Wright Construction Group Project Manager's Name: Les Mouzon Project Superintendent's Name: Seth Mouzon Your Contract Amount for the Project: $147,000.00 Budget Achievement: under budget by 15% Schedule: met budget Claims: no claims Quality Control: Surface prep and MTRL installation was observed and approved by the engineer and MTRL manufacturer. No warranty claims Scope of Work Performed: Concrete sealer application, caulking, water -proofing structural concrete repair Sundial Parking garage 2018 Project Address: St. Petersburg Completion Time: 5 months Owner: Aduddell Industries Owner's Representative: Tim Hume Telephone Number: 727-542-5387 Name of General Contractor: Wright Construction Group Project Manager's Name: Les Mouzon Project Superintendent's Name: Seth Mouzon Your Contract Amount for the Project: $669,000.00 Budget Achievement: under budget by 19% Schedule: met budget Claims: no claims Quality Control: Surface prep and MTRL installation was observed and approved by the engineer and MTRL manufacturer. No warranty claims Scope of Work Performed: Concrete sealer application, caulking, water -proofing, crack repair CONTACT 813-462-9040 102 S ARMENIA AVE. TAMPA;FL 33609 ® LES@ONESOURCERESTO.COM jn LES MOUZON CERTIFICATIONS •LYMTAL,INTERNATIONAL EXPANSION JOINTS: TRAFFIC COATING MEMBRANE. SEALANTS SEALER ■ BASF. ALL CONCRETE REPAIR & TRAFFIC COATING PRODUCTS, MBRACE CARBON FIBER ■ WATSON-80WMEN EXPANSIONJOINTS ■ SIKA CORPORATION 91KA WRAP CARBON FIBER, PATCHING MATERIALS. EPDXY INJECTION RESINS >• NEOGARD. TRAFFIC COATING MEMBRANE APPLICATION, ■ MM SYSTEMS EXPANSION JOINT SYSTEMS ■ AMERICAN HYOROTECH HOTAPPLIED WATERPROOFING AFFILIATIONS ■ INTERNATIONAL CONCRETE REPAIR INSTITUTE ■ INTERNATIONAL PARKING INSTITUTE AWARDS ■ 2001 INTERNATIONAL CONCRETE REPAIR INSTITUTE'S -PROJECT OF THE YEAR" FOR THE OHIO STATE UNIVERSITY'S OHIO STADIUM RENOVATION AND EXPANSION PROJECT LES MOUZON EXECUTIVE VICE PRESIDENT PROFILE LES HAS 39 YEARS IN THE CONCRETE RESTORATION AND WATERPROOFING INOUSTRY.EXTENSIVE BUSINESS DEVELOPMENT AND FIELD OPERATIONS EXPERIENCE WITH ALL ASPECTS OF CONCRETE REPAIR INCLUDING CONCRETE PATCHING, GUNITE / SHOTCRETE, EPDXY / URETHANE INJECTION, WATERPROOFING MEMBRANES, TRAFFIC BEARING MEMBRANES, CARBON FIBER, EXPANSION JOINTS AND JOINT SEALANTS. ROLES ■ REVIEWS PROJECT PROPOSAL OR PLAN TO DETERMINE TIME FRAME, FUNDING LIMITATIONS, PROCEDURES FOR ACCOMPLISHING PROJECT, STAFFING REQUIREMENTS, AND ALLOTMENT OF AVAILABLE RESOURCES TO VARIOUS PHASES OF PROJECT. ■ ESTABLISHES WORK PLAN AND STAFFING FOR EACH PHASE OF PROJECT, AND ARRANGES FOR RECRUITMENT OR ASSIGNMENT OF PROJECT PERSONNEL. ■ CONFERS WITH PROJECT STAFF TO OUTLINE WORK PLAN AND TO ASSIGN DUTIES, RESPONSIBILITIES, AND SCOPE OF AUTHORITY. ■ DIRECTS AND COORDINATES ACTIVITIES OF PROJECT PERSONNEL TO ENSURE PROJECT PROGRESSES ON SCHEDULE AND WITHIN PRESCRIBED BUDGET. ■ REVIEWS STATUS REPORTS PREPARED BY PROJECT PERSONNEL AND MODIFIES SCHEDULES OR PLANS AS REQUIRED. PREPARES PROJECT REPORTS FOR MANAGEMENT, CLIENT, OR OTHERS. CONFERS WITHPROIECT PERSONNEL TO PROVIDE TECHNICAL ADVICE AND TO RESOLVE PROBLEMS. ■ COORDINATES PROJECT ACTIVITIES WITH ACTIVITIES OF GOVERNMENT REGULATORY OR OTHER GOVERNMENTAL AGENCIES. CONTACT `j 813-943-8080 13513 WHITE ELK LOOP, TAMPA, FL 33626 ® JOSEiaOl`ESOURCERESTO.COM in JOSE I. IGLESIAS, JR. EDUCATION CONSTRUCTION MANAGEMENT POLYTECHNIC UNIVERSITY OF P.R. BUSINESS AOMINISTRATION INTERAMERICAN UNIVERSITY OF P.R. BACHELOR Of SCIENCES IN CIVIL ENGINEERING UNIVERSITY DFMASSACHUSETTS CERTFICATES &'LICENSE P.rocore Certification NACHI Certified Professional Property Inspector since 2007 1 Construction Safety & Health, Occupational Safety and Health (30 hours) 1 OGPe Certified Fire Prevention Inspector OSHA #510 occupational safety & health standards OGPe Certified Environmental Health Inspector OSHA 11500 trainer course in occupational Safety & health standards Department of environmental protection stormwater erosion and sedimentation control inspector PROFILE EXPERIENCE IN CONSTRUCTION PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT AND AS A CONSTRUC- TION SUPERINTENDENT. INTERFACED WITH KEY PERSONNEL SUCH AS SUPERINTENDENTS, SUBCONTRACTORS, ENGINEERS, ARCHITECTS, GOVERNMENT AND PROJECT OWNERS. EXPERIENCE AND EXPERTISE IN ESTIMATING, PROJECT NEGOTIATIONS, CHANGE ORDERS, RFIS, CONTRACTS, BUDGETING, COST CONTROL, SCHEDULING, PURCHASING, QUALITY ASSURANCE, SAFETY COMPLIANCE, INSPECTION, PLANNING, GOVERNMENT PERMITS, AND ALL PROJECT RELATED ADMINISTRATION. SPECIALIZING IN EARTHWORK, UTILITIES, CONCRETE WORK, COMMERCIAL, INDUSTRIAL, EDUCATIONAL, HOSPITALITY, HEALTH, INSTITUTIONAL, HOUSING, GOVERNMENT AND DESIGN BUILT IN PRIVATE AND PUBLIC SECTORS. EXPERIENCE 2017-2020 PROJECT MANAGER/SUPERINTENDENT MATCON CONSTRUCTION SERVICES INC. MANAGE, COORDINATE AND SUPERVISE FIELD OPERATIONS WHICH INCLUDE: SUBCONTRACTORS, MATERIAL DELIVERIES, DUALITY CONTROL. PREPARE AND REQUEST INFORMATION FROM DESIGNERS (RFIS) DURING CONSTRUCTION AND ALL PERTINENT ADMINISTRATIVE WORK SUCH AS SUBMITTALS AND CONTRACTS. MAINTAINED DAILY LOGS, PROJECT SCHEDULE AND PROJECT DOCUMENTS, ESTIMATING. 2015-2017 CONSTRUCTION MANAGER PINNACLE / CSG MANAGE, COORDINATE AND SUPERVISE FIELD OPERATIONS WHICH INCLUDE: SUBCONTRACTORS, MATERIAL DELIVERIES, QUALITY CONTROL. PREPARE AND REQUEST INFORMATION FROM DESIGNERS (RFIS) DURING CONSTRUCTION AND ALL PERTINENT ADMINISTRATIVE WORK SUCH AS SUBMITTALS AND CONTRACTS. MAINTAINED DAILY LOGS, PROJECT SCHEDULE AND PROJECT DOCUMENTS, PERFORM SAFETY MEETINGS AND MAINTAIN SAFETY LOGS, KEY PROJECTS: SULPHER SPRINGS ELEMENTARY; TAMPA INTERNATIONAL AIRPORT. POTBELLY SANDWICH SHOP, PANDA EXPRESS, CHIC-FIL-A, NEIN YORK PIZZA. 2014-2015 PROJECT MANAGER SILTEK GROUP INC. MANAGED SUBCONTRACTS AND FOLLOW THROUGH WITH IMPLEMENTATION TO SUBCONTRACTORS AND VENDORS, PREPARED SUBMITTALS, SHOP DRAWINGS, REQUESTS FOR INFORMATION (RFIS) FOR ARCHITECT'S APPROVAL. COORDINATED REQUESTS AND SCHEDULED ORDERS AND DELIVERIES FROM VENDORS AND SUPPLIERS. MAINTAINED DAILY LOGS. PROJECT SCHEDULE AND PROJECT DOCUMENTS. KEY PROJECT: TEMPO @ ENCORE (203 UNITS) 2012-2014 PARTNER IGLESIAS & ASSOCIATES CONSTRUCTION MANAGEMENT, VALUE ENGINEERING AND CONSULTING. ASSESSMENT TO CLIENTS IN OBTAINING GOVERNMENT PERMITS. CERTIFIED AND APPROVED PROJECTS FOR ENVIRONMENTAL HEALTH AND FIRE PREVENTION. MANAGED AND INSPECTED CONSTRUCTION PROJECTS FOR COMPLIANCE WITH DRAWINGS, SPECIFICATIONS, REGULATIONS, CONSTRUCTION BUDGET AND SCHEDULE. 2011-2013 DIVISION MANAGER PERMITS MANAGEMENT OFFICE (OGPE) SUPERVISED, EXECUTED AND IMPLEMENTED REGULATIONS IN COMPLIANCE WITH PR PERMIT REGULATIONS AND BUILDING CODE. IMPLEMENTED THE NEW AGENCY'S OPERATING SYSTEM PEMAS (PERMITS MANAGEMENT SYSTEM). Indian River County Purchasing Division 180027 th Street Page 1 of 1 Vero Beach, FL 32960VS A Phone (772) 226-1416 '�'LpRiv ADDENDUM NO. 1 Date: August 21, 2020 Project Name: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION (IRC -1801A) Bid Number: 2020056 Bid Opening Date: Thursday, September 3, 2020 at 2:00 p.m. This addendum is released to provide the minutes and sign in sheet from the Pre -Solicitation Conference. All information provided herein is hereby incorporated into the bid documents. Attachments: Pre -Bid Meeting Minutes Pre -Bid Meeting Sign -in Sheet Revised Itemized Bid Schedule F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\Addendums\Bid202OD56 IRC -1838 ADD -1 2020821.docx Page I of 4 Board of County Commissioners 180127th Street Vero Beach, Florida 32960-3365 *.nl Telephone: (772) 567-8000 Fax: (772) 778-9391 PRE-BID MEETING MINUTES AUGUST 19,2020, 10:00 A.M. INDIAN RIVER COUNTY ADMINISTRATION BUILDING Room Al -303 Building A INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION PROJECT No. IRC -1801A Project Name: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION Project Number: IRC -1801A Bid Number: 2020056 The following meeting notes set forth our understanding of the discussions and decisions made at the subject meeting. If no objections, questions, additions, or comments are received within three (3) days from issuance of the meeting notes, we will assume that our understandings are correct. The project will move forward accordina to the bid plans and specifications and the understandings herein. INTRODUCTIONS / SIGN IN SHEET 10:02 A.M. Michael Heller opened meeting Jill Williams and Jennifer Hyde joined via Tele -conference This meeting is being recorded. This is a Pre-bid meeting Indian River County Courthouse Parking Garage Rehabilitation PROJECT DESCRIPTION: The proposed improvements to the IRC Courthouse Parking Garage include repair of spalled concrete, rehabilitation of stair structures, replacement of existing parking deck expansion joints, replace existing joint sealant materials, install new traffic coating, and restripe parking spaces and traffic markings. Also includes the replacement of existing drain bowl clamping rings, trench drain liner and the removal of existing metal door frames. CONTRACT DETAILS Bid opening: Thursday, September 3, 2020 at 2:00 PM Contract time: 60 days to substantial completion 90 days to final completion Engineers Estimate: $390,500.00 Liquidated Damages: $1,170.00 per day FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\]- Admin\Meetings\PreB id\IRC- 1801 A_PREBID_MIN_20200819.doc Page 2 of 4 James Ennis PE Indian River County — Liquidated Damages are applied to the Substantial Completion as well as the Final Completion deadline. It is only applied once, so if you do not make your substantial completion deadline then liquidated damages will be in effect. As -built drawings, warranty information and all items for closing out project must be submitted and approved by the County to avoid being assessed liquidated damages. CONTACTS BIDDING PROCESS All communications concerning this bid shall be directed to Indian River County Purchasing Division at purchasing@ircgov.com. PROJECT CONSULTANTS: REI Engineers, Inc. UTILITIES Electrical System Mechanical System Drainage System OTHER ISSUES • Bidders to review plan documents and provide comments/questions to Indian River Purchasing Department as soon as possible. No further comments or questions will be addressed from end of business, August 24, 2020. • All areas disturbed by the Contractor will need to be restored to original conditions or better. • The building will remain open throughout the construction period. Contractor shall take all necessary precautions to protect contents and occupants. • The building shall be weathertight at the end of each day and when inclement weather threatens. • The construction limits are within 10 feet maximum of buildings unless indicated otherwise. • The construction staging area shall have 8'-0" high chain link perimeter fencing. Location shall be coordinated in the field with the Owner's representative. • Access to parking garage must be maintained at all times. • Work area is to remain clean at all times and all debris to be disposed of properly. • Obtain all required Indian River County Building Department Permit(s) and inspections. • Standard County work hours 7AM to 5PM (M -F). Contractor must submit a request to the County Project Manager for proposed weekend or night work. Charges for County staff time may apply. PROJECT REQUIREMENTS: • Subcontractors — per Contract Documents requirements "Section 00458 — List of Subcontractors" must be completed and submitted with bid. • Summary of required Contractor form submittals checklist (Section 00300 —Bid Package Content) • Invoicing shall be submitted on monthly basis and must include release of liens and Surety's Consent. FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1- Admin\Meetings\PreBid\IRC-1801A PREBID MIN 20200819.doc Page 3 of 4 DISCUSSION Questions & answers James Ennis, Indian River County — Pay attention to the checklist. If submitted bids are missing any items from the checklist the bid will be disqualified and will not be read. The list of subcontractors must be submitted with the bid but can be altered to add or remove sub- contractors at a later date. All sub -contractors must be registered with Indian River County Building Division. Read and get familiar with the frontend documents of the bid package. The parking will remain open and functional during construction, the Contractor can establish work areas for the safety and protection of citizens and private property. Contractor is responsible for creating work area and securing work area. Be aware this is a public facility and people will be coming and going. If any suspicious person/s is seen walking through the work area, please notify the Courthouse security staff. Work done outside of normal working hours will be looked at on a case by case basis, bidders to submit bids as if working normal county work hours. Any and all question to be directed to the Purchasing Division do not contact the Project Engineer or County project management staff. Cone of silence is in effect. Mark Renninger PE, REI — In addition to the scope of work mentioned earlier, an elastomeric coating is to be applied to the exterior of the building. A line item will be added to the Itemized Bid Schedule and sent out with Addendum. Michael Heller — The building permit has been applied for and is being reviewed. The winning bidder will have to complete application and pick up permit. Question 1. Will the existing signage be re -used for the project or are you looking to replace with new garage level and wayfinding signage? Answer: Signage will be handled by the Owner. Question 2. Will project be managed by a General Contractor or would the city be buying direct? Answer: Contractor is to purchase all materials required to complete the project. There will be no direct purchasing by the Owner. Question 3. Number of spaces that can be blocked off during construction? Answer: 30 to 35 spaces can be closed at a time, throughout the entire parking deck. Question 4. Will doors be replaced? Answer: No. F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1- Admin\Meetings\PreBid\IRC-1801 A_PREBID_MIN_20200819.doc Page 4 of 4 Question 5. What is the anticipated start date? Answer: Notice To Proceed to be issued some time at the end of November. Question 6. Are we going to the site or is it open to the public? Answer: It is open to the public. Question 7. Will the Addendum be sent to each person based on the sign -in sheet? Answer: Jennifer Hyde IRC Purchasing Manager - No. The addendum will be posted on DemandStar and the County website. 10:35 A.M. Meeting Adjourned. FA\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1- Admin\Meetings\PreBid\IRC-1801A PREBID MIN2020081.9.doe �Z rn a Co J o� • k Q ^ G \^� V L7 �kj 04GI r-4 W W _Yin n� 0 (Y)M �, x\ �0 m N sc 14Z`N a o v 3 p'I S lD V s -A � � Q Ln O j ti ICA, 46 z 0 a QJ car zNz ¢ ISO � (` Ln V W. R C to Cr- cl � , rel N m 9L(x �b IZN 'o — n ENO LA ".s p, 5 Ys +i U l�� (� 1 _ F� \J •f _ V * * * ADDENDUM - 1 ITEMIZED BID SCHEDULE PROJECT NAME: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION PROJECT NO. IRC -1801A BID NO. 2020056 BIDDER'S NAME stem No, Description Unit T Unit.P, rice Quarati Amqurat 1 MOBILIZATION LS 1 2 MAINTENANCE OF TRAFFIC LS 1 3 REPAIR SPALLED CONCRETE SF 100 4 REHABILITATION OF STAIR STRUCTURES LANDINGS EA 4 5 REPLACE ELEVATOR SHAFT CEILING SF 135 6 REPLACE PARKING DECK EXPANSION JOINTS LF 570 7 REPLACE JOINT SEALANT MATERIAL LF 1000 8 INSTALL NEW TRAFFIC COATING SF 47,250 9 RESTRIPE SPACES AND LANE IDENTIFIERS LF 4,500 10 REPLACE EXISTING DRAIN BOWL CLAMPING RINGS EA 24 11 REMOVE EXISTING METAL DOOR FRAMES EA 7 12 INSTALL NEW TRENCH DRAIN LINER LF 58 13 ELASTOMERIC SILICONE COATING SF 23,800 COURTHOUSE PARKING GARAGE REHABILITATION SUB -TOTAL FORCE ACCOUNT 1 $35,000.00 TOTAL BID AMOUNT (INCLUDING FORCE ACCOUNT) TOTAL TOTAL PROJECT BID AMOUNT IN WORD 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. SF=Square Feet LS=Lump Sum EA=Each LF=Linear Feet 00310-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\Addendums\IRC 1801 A_I BS_ADD_1 _20200820.)ds Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 Page 1 of 3 Phone (772) 226-1416""i"'_ ADDENDUM NO. 2 Date: August 27, 2020 : Project Name: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION (IRC -1801A) Bid Number: 2020056 Bid Opening Date: Thursday, September 3, 2020 at 2:00 p.m. This addendum is being released to modify the bid documents and answer questions. The information and documents contained in this addendum are hereby incorporated in the invitation to bid. This addendum must be acknowledged where indicated on the bid form, or the bid will be declared non-responsive. Modifications to Bid Documents: Updated Itemized Bid schedule, revised plan set, and revised specification section 07 90 20 Garage Waterproofing Systems. Questions: Question 1. The bid docs do not have the elastomeric coating stated in summary of work on bid doc page 166. Are we bidding the approx. 23,800 SF? Response: Please provide pricing as noted on the bid form. Question 2. On the Bid form item#8 (install new traffic coating) — it states there is 47,250 SF to be completed, however on page 166 (Summary of Work), it states there is 50,325 SF. Which number are we bidding? Response: 50,325 SF is the correct number. The Itemized Bid Schedule has been revised accordingly. F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcu m ents\Ad d end u m s\Add-2\Bid 2020056_1 RC-1838_ADD-2_2020826.d ocx Bid Number 2020056 Addendum No. 2 Page 2 of 3 Question 3. Plans and specs calls for remove and replace sheetrock ceiling in Elevator Shaft. The location it is showing appears to no longer be an elevator? Is this the right location and if so how are we to access the ceiling? Engineer's Response: Location has been updated to indicate the west elevator shaft. Please reference the attached drawing update. Question 4. Please specified the new traffic coating System required to include manufacturer: a- Pressure wash, primer, base coat and top coat? b- Primer and top coat? c- Just two top coat appl.? Engineer's Response: The allowable manufacturer and product is specified in Section 07 90 20 2.02 b. 3. Question 5. Is there any consideration to remove put new ones and replace Car bumper stops and specified anchoring system? Engineer's Response: No, wheel stops are not to be replaced as part of this contract. Question 6. Please specified the type of the main 2 %" expansion joint on top Deck. Engineer's Response: The expansion joint is specified in Section 32 01 17.612.04 Question 7. a. Is there a preferred manufacturer for the trench drain liner? b. Are alternates to the Stainless -Steel Liner acceptable? Engineer's Response: a. There is no product we are aware of that can be used in this application. b. Alternates may be evaluated. Question 8. What length warranty is required for the staircase coating system? Engineer's Response: There is no Manufacturer warranty specified. The coating shall be covered under the Contractor's Five-year Warranty. Question 9. What is the current exterior coating of the parking garage? Engineer's Response: Unknown. Question 10. Is the required hot applied traffic sealant compatible with the recommended traffic coatings? If not, will the hot applied traffic sealant only be used on the lower two floors? Engineer's Response: We understand they are compatible. Contractors should verify with their respective proposed manufacturers. Question 11. 5001 describes (4) drain bowl clamping rings to match existing and the bid form has a quantity of 24, plan on the 24 quantity? Engineer's Response: Plan on 24 drain bowl clamping rings. Please reference the attached drawing update. F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\13id Documents\Bid Dcu m ents\Adde nd u ms\Add-2\Bid 2020056_1 RC-1838_ADD-2_2020826. docx Bid Number 2020056 Addendum No. 2 Page 3 of 3 Question 12. Section 01050- Field Engineering and Layout requires the contractor to confirm all surveys, install station boards, layout all striping by instrument, and provide as -built drawings. Confirming all are required for this project? Response: The Contractor is required to supply as -built drawing as part of his/her project close out. Question 13. Does contractor need to submit material substitutions prior to submittal of bid? Response: Bids shall be submitted per plans and specifications. Question 14. Does contractor need to submit all application certifications with bid form? Response: No. Question 15. Should Contractor expect lead-based paint on site? Response: No. Question 16. Are we coating the backside of the knee wall and all other exposed concrete at the top level? Engineer's Response: Yes Question 17. On drawing S201, note 2 it refers to removing and replacing sealant but all points reflected do not currently have any in place. Is it your intent to seal all vertical and horizontal joints? Response: Yes Attachments: Revised Itemized Bid Schedule Addendum 2 Cover Letter from REI Engineers including Specification revisions and Plan revisions. F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\13ids\Bid Documents\Bid Dcuments\Addendums\Add-2\Bid2020056 IRC -1838 ADD -2 2020826.docx ** * * * ADDENDUM -1 ** ADDENDUM - 2 ITEMIZED BID SCHEDULE PROJECT NAME: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION PROJECT NO. IRC -1801A BID NO. 2020056 BIDDER'S NAME a%m No: Oescr( ion• , .. Unit Unit Price antity 1 MOBILIZATION LS 1 2 IMAINTENANCE OF TRAFFIC LS 1 3 REPAIR SPALLED CONCRETE SF 100 4 REHABILITATION OF STAIR STRUCTURES LANDINGS EA 4 5 REPLACE ELEVATOR SHAFT CEILING SF 135 6 REPLACE PARKING DECK EXPANSION JOINTS LF 570 7 REPLACE JOINT SEALANT MATERIAL LF 1000 8 INSTALL NEW TRAFFIC COATING SF 50,325 9 RESTRIPE SPACES AND LANE IDENTIFIERS LF 4,500 10 REPLACE EXISTING DRAIN BOWL CLAMPING RINGS EA 24 11 REMOVE EXISTING METAL DOOR FRAMES EA 7 12 INSTALL NEW TRENCH DRAIN LINER LF 58 13 ELASTOMERIC SILICONE COATING SF 23,800 COURTHOUSE PARKING GARAGE REHABILITATION SUB -TOTAL FORCE ACCOUNT $35,000.00 TOTAL BID AMOUNT (INCLUDING FORCE ACCOUNT) TOTAL TOTAL PROJECT BID AMOUNT IN WORD 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 SF=Square Feet LS=Lump Sum EA=Each LF=Linear Feet 00310-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\Addendums\Add-2\IRC1801A IBS ADD 2 20200826.)ds AM Mimi E N G I N E E R S DATE: August 27, 2020 FROM: REI Engineers REFERENCE: Specification and Drawing Update for Addendum No. 2 Indian River County IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation This addendum forms a part of the Contract Documents and modifies the original Bidding Documents, including changes to the specifications and drawings as follows: CHANGES TO SPECIFICATIONS: 1. Replace Specification Section "07 90 20 Garage Waterproofing Systems" with attached "07 90 20 Garage Waterproofing Systems (Revision No. 1)". Specification section has been updated to clarify the product requirements. CHANGES TO DRAWINGS: 1. Replace Specification Section "Contract Drawing S001" with attached "Contract Drawing S001 (Revision No. 1)". Contract drawing has been updated to modify the scope of work description. 2. Replace Specification Section "Contract Drawing S103" with attached "Contract Drawing S103 (Revision No. 1)". Contract drawing has been updated to correct the elevator ceiling location. ALL OTHER REQUIREMENTS AND PROVISIONS OF THE BIDDING DOCUMENTS REMAIN UNCHANGED. ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THE BID FORM. FAILURE TO DO SO MAY BE CAUSE FOR REJECTION OF THE BID. Engineering solutions for tomorrovvO 500 County Road One I P. 0. Box 549 Palm Harbor, FL 34682 END OF ADDENDUM RENIf Mark Renninger Q� N�NC��i,' This item has been Pc E N S�. electronically signed by Mark • No 79869 Renninger, PE on this date *:� * :;using a Digital Signature. it Printed copies of this document are not considered STATE OF : 141- �p •, lV�� sigh9d'and sealed and the '���` ••, O R 10 P' N��� signature must be verified on `, any electronic y. ",',,O N A� ��� 2020.08.27 12:2110 -04'00' Page 1 of 1 reiengineers.com 813.944.2137 SECTION 07 90 20 GARAGE WATERPROOFING SYSTEMS PART1 GENERAL 1.01 SECTION INCLUDES A. This section includes elastomeric traffic deck coating system. 1.02 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Specification Sections, apply to this Section. 1.03 REFERENCES A. Refer to the following references, current edition for specification compliance: 1. Florida State Building Code 1.04 SUBMITTALS A, General: Submit the following in accordance with the Conditions of the Contract and Division 1 Specification sections. B. Product Data: For each product indicated C. A detailed statement describing the deck waterproofing system to be installed, as well as the installation methods to, be employed, shall be submitted for approval prior to installation. Literature, details, samples, shop drawings, warranties, etc., shall be included in the submittal as requested. D. A manufacturer's written acceptance and approval of the intended system applicator shall be required. E. Qualification Data: For Installer and testing agency. F. Product Test Reports: Based on comprehensive testing of product formulations performed by a qualified testing agency, indicating that products comply with requirements. G. Warranties: Special warranties specified in this Section 1.05 QUALITY ASSURANCE A. Installer Qualifications: Manufacturer's authorized Installer who is approved or licensed for installation of waterproofing systems required for this Project. B. Source Limitations: Obtain each type of product through one source from a single manufacturer. C. A site inspection shall be made by applicator prior to commencing installation of the system for purposes of reviewing related conditions affecting performance IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-1 Garage Waterproofing Systems (Revision 1) requirements of this specification. D, All products described in this section must be used with adequate ventilation and personal protection. Refer to the Material Safety Data Sheet which accompanies each product shipment for detailed health and safety information prior to use. E. Mockups: Build mockups incorporating products, as follows, to verify selections made under sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution: Deck coating systems - Provide two 4'x4' mockups for each deck coating system and each substrate. F. Preconstruction Field -Adhesion Testing: Before installing elastomeric sealants, deck coating, and expansion joint nosing material, field test their adhesion to substrates as follows: 1. Locate field test mockup where indicated or, if not indicated, as directed by Engineer. 2. Conduct field tests for each application indicated below: a. Each type of deck coating indicated and the applicable substrates. 3. Notify Engineer seven days in advance of dates and times when tests will be performed. 4. Arrange for tests to take place with product manufacturer's technical representative present. 5. Refer to Field Quality Control under Part 3 for additional requirements. G. Preinstallation Conference: Conduct conference at Project site. 1.06 PERFORMANCE REQUIREMENTS A. Provide products that establish and maintain watertight and airtight continuous waterproofing system without staining or deteriorating joint substrates. 1.07 FIELD CONDITIONS A. Environmental Limitations: Apply waterproofing systems within the range of ambient and substrate temperatures recommended in writing by manufacturer. Do not apply waterproofing systems to damp or wet substrates, when temperatures are below 40 deg F, when relative humidity exceeds 85 percent, or when temperatures are less than 5 deg F above dew point. B. Do not proceed with installation of waterproofing.systems under the following conditions: 1. Do not apply waterproofing systems in snow, rain, fog, or mist, or when such weather conditions are imminent during the application and curing period. Apply only when frost- free conditions occur throughout the depth of substrate. 2. Contaminants capable of interfering with adhesion have not yet been removed from substrates. 3. Where conditions exist that do not meet the manufacturer's requirements for applications indicated. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-2 Garage Waterproofing Systems (Revision 1) 4. Where conditions exist that can cause off gassing of the waterproofing systems. C. Do not install waterproofing systems until items that penetrate the waterproofing have been installed. 1.08 WARRANTY A. The system manufacturer and the approved applicator shall furnish a written performance joint warranty that, subject to certain specific exclusions as described in such joint warranty, the system provided will be free of defects related to workmanship or material deficiency. The following conditions shall be specifically covered under the joint warranty: 1. Cohesive or adhesive failure of materials. 2. Weathering deficiencies resulting in failure of the system to provide its intended function. 3. Abrasion or tear failure of the system resulting from normal traffic use. (Abrasive maintenance equipment, truck and construction traffic are not normal traffic use and related problems are exempted from the warranty.) B. The system manufacturer and the approved applicator shall submit to the Owner for approval a detailed joint warranty statement consistent with the terms of this specification prior to construction. The approved joint warranty shall represent the sole warranty statement and warrant obligation for the project relating to this trade. Where an apparent conflict is found to exist with respect to the warranty language of this section and the detailed warranty statement, the more stringent warranty requirement shall supersede and control. PART PRODUCTS 2.01 MANUFACTURERS A. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, products listed in other Part 2 articles 2.02 MATERIALS A. Compatibility: Provide waterproofing systems including backings, and other related materials that are compatible with one another and with substrates under conditions of service and application, as demonstrated by the system manufacturer, based on testing and field experience. B. Elastomeric Traffic Deck Coating: 1. Traffic deck coating systems specified herein shall be complete systems of compatible materials. Components of systems shall include a base membrane, a traffic topping and all sealants, primers, flashing, aggregates and miscellaneous materials as required by the manufacturer to complete the system. 2. Traffic deck coating systems shall meet the following slip resistance requirements: a. Coefficient of friction not less than 0.85 when tested under wet conditions. b. Variation in slip resistance test results not greater than 0.10. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-3 Garage Waterproofing Systems (Revision 1) C. Refer to Field Quality Control under Part 3 for additional requirements. 3. The following deck coating systems are approved for usage under this section: a. Urethane Systems: i. The following materials are approved for usage under this section, subjectto compliance with requirements: (a) "Sikalastic 720/745", Sika Corporation. (b) "Iso -Flex 750U", LymTal International Inc. (c) "MasterSeal Traffic 2500", BASF Building Systems. (d) "Pecora-Deck 800 FC", Pecora Corporation. (e) "Qualideck Vehicular Traffic Bearing Membrane System", Advanced Polymer Technology Corporation. (f) "Auto -Gard FC T", Neogard ii. Application rates for medium and heavy-duty systems: rates are for bidding purposes and are to be confirmed in the field using a 100 sf mockup. (a) Primer: 0.33 gal. minimum per 100 sf (300 sq. ft. maximum per gal.) (b) Polyurethane base coat: 1.33 gal. minimum per 100 sf (75 sq. ft. maximum per gal.) (c) Polyurethane wear coat: 0.5 gal. minimum per 100 sf (200 sq. ft. maximum per gal.) (d) Broadcast aggregate into wear coat: 15 lbs. minimum per 100 sq. ft. to excess (e) 2°a Polyurethane wear coat (for heavy duty systems): 0.75 gal. minimum per 100 sf (133 sq. ft. maximum per gal.) (f) 2°d Broadcast aggregate into wear coat (for heavy duty systems): 15 lbs. minimum per 100 sq. ft. to excess (g) Polyurethane seal coat: 0.75 gal. minimum per 100 sf (133 sq. ft. maximum per gal.). iii. Use medium -duty system for stalls and heavy-duty system for the drive and turning lanes. Average coating thickness exclusive of aggregate: (a) Medium duty system: 46 dry mils IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-4 Garage Waterproofing Systems (Revision 1) (b) Heavy duty system: 58 dry mils iv. Use 100% aliphatic top coat on top tier. V. Apply Urethane System to the following areas: (a) At areas over occupied spaces, conditioned spaces, rooms with equipment and as shown on the Drawings. PART 3 EXECUTION 3.01 GENERAL A. All work shall be installed in strict accordance with system manufacturer's recommendations employing trained installers utilizing proper tools and equipment and working under the direct supervision of a technically competent and experienced supervisor. An authorized technical representative shall attend a pre -installation conference, be present for the first day of installation and provide a minimum of three field inspection reports to the Engineer during the duration of the installation. B. All surfaces related to work under this section shall be inspected by the applicator prior to commencing work. Any conditions discovered which render the substrate unsuitable shall be reported and satisfactorily corrected prior to installation of the specified system. C. Coordinate and verify that related work items meet the following requirements: All surfaces shall be clean, dry and of sound substrate at time of application. Surfaces shall be provided free of voids, ridges and sharp projections. Concrete surface finishes shall be subject to approval of the applicator. Concrete surfaces shall have cured for an acceptable period as recommended by the system manufacturer for the various components of the applicable system. D. Environmental Conditions: System application shall be at temperatures as recommended by the system manufacturer. The deck surface shall be dry at time of application according to ASTM D4263, Standard Test Method for Indicating Moisture in Concrete. Provide adequate ventilation in accordance with system manufacturer's recommendations during installation of the deck waterproofing system. E. Protect all work areas from traffic until fully cured. 3.02 EXAMINATION A. Examine joints indicated to receive waterproofing system, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting product performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.03 ELASTOMERIC TRAFFIC DECK COATING SYSTEM IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-5 Garage Waterproofing Systems (Revision 1) A. All traffic deck coatings are to be applied to acceptable clean, dry, sound substrates. Clean surfaces to be treated in accordance with the system manufacturer's recommendations. Acceptable methods include sweeping, blowing, vacuuming, pressure washing, water blasting, acid etching, sand blasting, or shot blasting as required to remove all laitance and surface contaminants to insure proper adhesion of the deck coating. B. Select and install a test area prior to general application to establish procedures, verify adhesion and acceptable appearance. C. Surface preparation shall produce a surface profile matching CSP 4, 5 or 6 per ICRI 03732, as required to meet the requirements of the selected deck coating. Sweep and vacuum roughened surface to remove debris followed by low-pressure water cleaning. Coordinate surface preparation with the surface preparation for the corrosion -inhibiting treatment, as applicable. D. Notify Engineer 7 days prior to completion of the surface preparation. Meet with the Engineer and manufacturer's representative to review surface preparation, joint preparation, adhesion test results, and crack preparation, as applicable. All joint and crack preparation shall be included in the cost of the traffic deck coating system. 1. Seal all underlying control and construction joints. E. Other detailing work including sealing around drains, penetrations, curb, column and wall bases, etc., shall be accomplished in accordance with system manufacturer's recommendations prior to general application. F. Provide a grid system marked on the deck surface to designate the area for which a container of material must be used evenly applied to obtain the desired average dry mil film thickness. A wet mil gauge shall also be used to randomly verify that mil thickness at application is consistent with system manufacturer's recommendations. G. Broadcast clean, dry silica aggregate into top coats to provide a skid resistant surface as recommended by system manufacturer. H. Application shall be by squeegee, roller and power sprayer. Install the Elastomeric Traffic Deck Coatings in accordance with a "wear -rated" heavy and medium duty system per Section 2.2.D. 3.04 FIELD QUALITY CONTROL A, Deck Coating Field -Adhesion Testing: Field test deck coating adhesion to substrates as follows: Extent of Testing: Test mockups and completed deck coatings as follows: a. Perform 1 test. 2. Test Method: ASTM D 7234. 3. Inspect deck coating for bubbles, voids, aggregate distribution, and for application complying with specified requirements. Record results in a field -adhesion -test log. 4. Inspect deck coating preparation, installation, and testing. Record results in a log and report on the following: IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-6 Garage Waterproofing Systems (Revision 1) a. Dates when surface preparation was performed. b. Type of surface preparation. C. If surface contaminants such as engine oil were present on the slab prior to surface preparation and cleaning. d. If surface contaminants remain on the slab after surface preparation and cleaning. e. Relative humidity of the slabs prior to application of deck coatings. f. Time, date, temperature, precipitation, relative humidity, and sun exposure when deck coatings were installed. Note if conditions changed during the installation. g. Type of materials used for deck coating installation and wait times between each application. h. Deck coating dry mil thickness and if the thickness complies with specified requirements. i. Test dates, test locations, and adhesion results (whether deck coating failed to adhere to substrates or tore cohesively). j. Names of persons who performed surface preparation, who performed relative humidity testing, who installed deck coatings, and who performed adhesiontests. Repair deck coatings pulled from test area by applying new deck coating following same procedures used originally. Ensure that original surfaces are clean and that new deck coating overlaps original deck coating. B. Deck Coating Slip Resistance Testing: Field test deck coating slip resistance as follows: 1. Extent of Testing: Test mockups and completed deck coatings as follows: a. Perform 1 test. 2. Test Method: ASTM F 1679 under wet conditions. 3. Inspect deck coating for variations in aggregate distribution. Locate tests at areas with high density of aggregate and with low density of aggregate. Record results in a log and report on the following: a. Test dates, test locations, and slip resistance results. b. Names of person who performed tests. C. Approximate area (square feet) of deck coating that exhibits a low density of aggregate, an average density of aggregate, and a high density of aggregate. 4. Repair deck coatings pulled from test area by applying new deck coating following same procedures used originally. Ensure that original surfaces are clean and that new deck coating overlaps original deck coating. C. Evaluation of Field Test Results: Products not evidencing adhesive failure from testing or noncompliance with other indicated requirements will be considered satisfactory. Remove products that fail to adhere to substrates during testing or to comply with other requirements. Reapply mockups and retest until test results prove products comply with indicated requirements. Do not use products that fail to adhere to substrates during testing. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-7 Garage Waterproofing Systems (Revision 1) 3.05 PROTECTION A. Protect waterproofing systems during and after curing period from contact with contaminating substances and from damage resulting from construction operations or other causes so systems are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated products immediately so installations with repaired areas are indistinguishable from original work. 3.06 CLEAN-UP A. The Contractor shall ensure the site and building are cleaned to meet pre -construction conditions, as accepted by the Owner. B, Damages to the building, grounds, equipment and site shall be repaired or replaced by the Contractor to meet pre -construction conditions, as accepted by the Owner. END OF SECTION 07 90 20 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-8 Garage Waterproofing Systems (Revision 1) I s <„ OZO-Vdl6l #103POad 1321 096Z£ ld 'HOV39 M33n 'anV4391590Zo a , ^g a w n% oo3a5 w NOI1VIIIISVH3N 30VHVJ 3snOHiNnoO JLLNnoo N3AIN JNI)INVd NVIONI g� 8 IF z z � -,a Lu W s m� �W g CO Z ° 9P o � 0 Q U = goa }- W V11= �yilgl. Z k, d 3o:�Yi qg i '� iwg zi cD n�nn 0 <s U n/ S z4 I 6`oo€�`ggffiS� 88 l 8 \W U LJ� z z Q Z I: GI o O - J 0 OZO-bdl6l #103rOHd 13H s o a s n 096ZE 13 'HOV38 OH3A n & q391990Z gmw. NOI1V11119VH3H 3`JVUVE) ONIH?JVd a ¢ a g 3snOHiNno0 Al1Nf100 H3AlV NVIaNI ` LU zo s o SH H W R �s ----------------------- Z 5 a O O J LL p 4 7 e O- � � It I n i I. ------------------------- 4 t I I it I R g m w LL B=a w S. 0ZO-bdl6l #103f02ld 1321 096Z£ ld'HOV38 MJ3n 419L 990Z NOI1VIIIISVH3b 3JVUVJ ONIIaVd 3snOH121f10O A1Nnoo U3AIN NVIaNI a o < a s a N d a W ZO gV e .' X I I I I I I ° I s r a C-�g oag� w m o3 o3� 13 3w w S. g r I _i -it I I I I ------------------------- I b I' w I I tt I I it I I I I I I I ° I r 4 I J OZO-`ddl6L #103fO8d 13d 096Z£ ld 'HOV39 O213n a a '8AVg391590Z 8 N0111111119bH321 39b'2iV9 JNI)iMVd 3snOHiNnoo A1Nnoo MMIN NdIONI a I 1 -------------------- --- I - I ----------------------------- I � I 1 I it I I it it i _ I I I I ° I ° r y I 1 Z S a cc 04 Oe OW c� OZO-Vd161 #103ro2ld 132! 096Z£ 13 'HOV38 O2l3A 'DAV 419E 990Z NOI1V11118VH3N 30VIM ONDINVd 3snOH121f1O0 AINf1OO 213AI21 NVIONI Ui W J 0 Z O q q g K IL a W ^ W Z Y a § J w U is s. ra a BOARD OF COUNTY COMMISSIONERS September 22, 2020 One Source Restoration &Building Services, Inc. Attn: Mr. Les Mouzon 102 S Armenia Ave. Tampa, FL 33609 Les@onesourceresto.com NOTICE OF AWARD Reference: Indian River County Bid No. 2020056 IRC Courthouse Parking Garage Rehabilitation Dear Mr. Mouzon: via Email It is my pleasure to inform you that on September 22, 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 ($368,554.00). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance indicating coverage required in the General Terms and Conditions and Agreement. Certificate(s) must name Indian River County as additional insured and must provide for a 30 day Notice of Cancellation. 4. W-9. The Public Construction Bond must be executed in accordance with section 255.05(1)(a), Florida Statutes. 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 October 07, 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, JenniferYlycle Purchasing Manager Cc: Project Manager Office of Management and Budget @ Purchasing Division 180027 1h Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140 E-mail: purchasins@ircgov.com via Email SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1 -WORK ........................................................................................................... 2 ARTICLE 2 - THE PROJECT............................................................................................. 2 ARTICLE 3 - ENGINEER................................................................................................... 2 ARTICLE 4 - CONTRACT TIMES....................................................................................... 2 ARTICLE 5 - CONTRACT PRICE ..................................................... :................................. 3 ARTICLE 6 - PAYMENT PROCEDURES........................................................................... 3 ARTICLE 7 - INDEMNIFICATION....................................................................................... 5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS...................................................... 5 ARTICLE 9 - CONTRACT DOCUMENTS........................................................................... 6 ARTICLE 10 - MISCELLANEOUS...................................................................................... 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI Agreement (Public Works) REV 04-07 - 00520 - 1 HABids\2019-2020 FY (2020000)\2020056 Courthouse Garage Roof Repairs\IRC-1801A AGRMENT_20200922.docx SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and One Source Restoration & Building Services, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed improvements to the IRC Courthouse Parking Garage include repair of spalled concrete, rehabilitation of stair structures, replacement of existing parking deck expansion joints, replace existing joint sealant materials, install new traffic coating, and restripe parking spaces and traffic markings. Also includes the replacement of existing drain bowl clamping rings, trench drain liner and the removal of existing metal door frames. All work shall conform to current local and state building code requirements. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITAION County Project Number: IRC -1801A Bid Number: 2020056 Project Address: 206516 TH Avenue, Vero Beach, FL 32960 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 60 calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Agreement (Public Works) REV 04-07 - 00520 - 2 HABids\2019-2020 FY (2020000)\2020056 Courthouse Garage Roof Repairs\IRC-1801A_AGRMENT_20200922.docx Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 90 calendar day after the date when the Contract Times commence to run. ************************************************************************************************************ 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,170.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,170.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ 368,554.00 Written Amount: Three hundred sixty-eight thousand, five hundred fifty-four dollars ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) Agreement (Public Works) REV 04-07 - 00520 - 3 HABids\2019-2020 FY (2020000)\2020056 Courthouse Garage Roof Repairs\IRC-1801A_AGRMENT_20200922.docx completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. Agreement (Public Works) REV 04-07 - 00520 - 4 HABids\2019-2020 FY (2020000)\2020058 Courthouse Garage Roof Repairs\IRC-1801A AGRMENT_20200922.docc ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnfcation) of the General Conditions to the Construction Contract. 7.02 "To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify and hold harmless the Recipient and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor or consultant and persons employed or utilized by the contractor or consultant in the performance of this Agreement." ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement (Public Works) REV 04-07 - 00520 - 5 HABids\2019-2020 FY (2020000)\2020058 Courthouse Garage Roof Repairs\IRC-1801A_AGRMENT_20200922.docx Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion ( pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-44, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-12, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 - Project Manual — by REI Engineers; 12. Drawings consisting of a cover sheet and sheets numbered S001 through S201, inclusive, with each sheet bearing the following general title: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits — Building Permit Appendix B - Indian River County Building Department Permit Fee Schedule 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1 17. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive); Agreement (Public Works) REV 04-07 - 00520 - 6 HABids\2019-2020 FY (2020000)\2020056 Courthouse Garage Roof Repairs\IRC-1801A_AGRMENT_20200922.docx 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. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 21. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall Agreement (Public Works) REV 04-07 - 00520 - 7 HABids\2019-2020 FY (2020000)\2020056 Courthouse Garage Roof Repairs\IRC-1801A AGRMENT_20200922.docx be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(W-ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Agreement (Public Works) REV 04-07 - 00520 - 8 HABids\2019-2020 FY (2020000)\2020056 Courthouse Garage Roof Repairs\IRC-1801A_AGRMENT_20200922.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 September 22. 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 COL By: san p B: Jason L Bilow CONTRACTOR: .NQ 2 By: (Contractor) (CORPORATE SEAL) Coun y Administrator Attest �/lr APPROVED AS TO FORM SUFFJCIENCY: //r IV,-,) By: , County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: 0Ae4Adz4w.,9441`01 Deputy C c (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 Address for giving notices: ��, iNtv-e , License No. \5�CA (Where applicable) t Agent for service of process: _&m ` nox\ Designated Representative: Name: Title: V P Address: Q Phone: a �l Facsimile: el -5 `100— rwzaQ- (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * Agreement (Public Works) REV 04-07 - 00520 - 9 HABids\2019-2020 FY (2020000)\2020056 Courthouse Garage Roof Repairs\IRC-1801A_AGRMENT_20200922.docx IRC -1801A AGRMENT 20200922.docx - 00634 - 1 HABids\2019-2020 FY (2020000)\2020056 Courthouse Garage Roof Repairs\IRC-1801A_AGRMENT_20200922.docx SECTION 00550 - Notice to Proceed TO: Dated (BIDDER) BIDDER) Contract For: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION Project No: IRC -1801A IRC Bid No. 2020056 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 60 calendar days for Substantial Completion of this project and 90 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) M INDIAN RIVER COUNTY (OWNER) (AUTHORIZED SIGNATURE) (TITLE) Notice to Proceed REV 04-07 00550 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 3 Contract Forms.docx _ _ 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\1801A IRC Courthouse Parking Garage Rehabilitation\t-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 3 Contract Forms.docx I o I LULUUtJou I uo - RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT Public Work INDIAN RIVER COUNTY FL F.S. Chapter 255.05 (1)(a) BK: 3345 PG: 1482 Page 1 of 3 10/7/2020 2:40 PM Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: SBA5932642 CONTRACTOR NAME: One Source Restoration & Building Services, Inc. CONTRACTOR ADDRESS: 102 S Armenla Ave Tampa, FL 33618 CONTRACTOR PHONE NO: (813) 462-9040 SURETY COMPANY NAME: Old Replublic Surety Company SURETY PRINCIPAL P.O. BOX 1635 BUSINESS ADDRESS: MILWAUKEE, WI 53201 -1635 SURETY PHONE NO: (262) 797-2640 OWNER NAME: Indian River County BOARD OF COUNTY COMMISSIONERS OWNER ADDRESS: 1 800 27th Street, Building B Vero Beach, FL 32960 OWNER PHONE NO: (772) 226-1416 OBLIGEE NAME: NA (If contracting entity is different from the owner, the contra cling public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $368,554.00 CONTRACT NO: IRC -1801A (If applicable) DESCRIPTION OF WORK: Indian River County Bid No. 2020056 IRC Courthouse Parking Garage Rehabilitation PROJECT LOCATION: 2000 16th Ave. Vero Beach, FL 32960 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\1801A IRC Courthouse Parking Garage Rehabilitation\t-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 3 Contract Forms.docx I PUBLIC CONSTRUCTION BOND Bond No. SBA5932642 (enter bond number) One Source Restoration & BY THIS BOND, We Building Services, Inc. as Principal and Old Replublic Surety Company a corporation, as Surety, are bound to Indian River County , herein called Owner, in the sum of $368,554.00_, 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 09/22/Z020 between Principal and Owner for construction of INDIAN RIVER COUNTY PARKING GARAGE R HABILTAION THOUSE , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON 10/01/2020 One Source Restoration & Buildinq Services, Inc. (Name of,-Principaa;) °`= °•u BY Kevin Richard Wojtowicz, Attorney -In -Fact and Licensed FL Resident Agent (As Attorney ih Fact��,_ 71~�' > ' - Old Replublic $ur6tyLQ_aipp' (Name of Surety" •iri.E ` `k j dee'. Public Construction Bond - 00610 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 3 Contract Forms.docx _ 74 � OLS REPUBLIC. SUETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Kevin Richard Wojtowicz, John R. Neu, Tracey C. Brown -Boone, Daniel Oaks, Jessica Reno, Laura D. Mosholder of St. Petersburg, FL its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in 'conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification .thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 27th day of March 2020 ;0�� suaFr, OLD REPUBLIC SURETY COMPANY a° c `z 4- g_ SEAL o Ass.„ant Secreta. - ”-' + President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 27th day of March 2020 , personally came before me, Alan Paylic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. 922280 ORSC 22262 (3-06) o SEAL Signed and sealed at the City 0. NIELSON, WOJTOWICZ AND ASSOC n frE3roftkfieltlul4 lhlsy y day of CVII,�J ,N 4 o r"J• o i " : ;�i �' ASSiS.I.It Secreta + O W,x,n Wap N -T pE •' QUe L��: i b'•. - O"yj\6 Notary Public My Commission Expires: September 28, 2022 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that�di'2tl' l?si vtigns of;the board of directors set forth in the Power of Attorney, are now in force. "G SURA Y \J. °��'Ot°Sa°- gJri.ai 922280 ORSC 22262 (3-06) o SEAL Signed and sealed at the City 0. NIELSON, WOJTOWICZ AND ASSOC n frE3roftkfieltlul4 lhlsy y day of CVII,�J ,N 4 o r"J• o i " : ;�i �' ASSiS.I.It Secreta + O W,x,n Wap A Q CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/02/2020 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 (fes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE: (800) 277-1620 X 4800 FAX: (727) 797-0704 E-MAIL ADDRESS: FrankCrum Insurance Agency, Inc. 100 South Missouri Avenue INSURERS(S) AFFORDING COVERAGE NAICff INSURER A: Frank Winston Crum Insurance Company 11600 Clearwater, FL 33756 INSURED INSURER B: PERSONAL& ADV INJURY $ INSURER C: AGG $ INSURER D: FrankCrum UC/F One Source Restoration And Building Service Inc 100 South Missouri Avenue INSURER E: INSURER F: Clearwater, FL 33756 COVERAGES CERTIFICATE NUMBER: 676551 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSRD SUER WVD POLICY NUMBER (POLICY POLICY EFF POLICY EXP (MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS MADE❑ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ElPROJECT EJLOCPRODUCTS-COMP/OP OTHER EACH OCCURENCE $ DAMAGE TO RENTED PREMISES (Ea E occurence) MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ AGG $ a AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS SCHEDULED ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY COMBINED SINGLE UNIT (Ea accident) $ BODILY INJURY (Per person) E tP BODILY INJURY (Per accident) ( ) E PROPERTY DAMAGE (Per accident) $ E UMBRELLA LIAB XCESS LB :::I! OCCUR CLAIMS MADE EACH OCCURENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEWMEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC202000000 01/01/2020 01/01/2021 X PER STATUE OTHER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -FA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Effective 03/25/2020, coverage is for 100% of the employees of FrankCrum leased to One Source Restoration And Building Service Inc (Client) for whom the client is reporting hours to FrankCrum. Coverage is not extended to statutory employees. CERTIFICATE HOLDER CANCELLATION ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 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 Additional Insured: Indian River County 1801 27th Street Vero Beach, FL 32960 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds One Source Building Maintenance & Construction, Inc Doing Business As OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC SECTION 00622 - Contractor's Application for Payment INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Project No.: IRC -1801A Bid No.: 2020056 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): % of completed Work: % of retainage: $ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION 6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; Contractor's Application for Partial Payment - 06-09 rev - 00622 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 3 Contract Forms.docx — 2. Updated Construction Schedule per Specification Section 01310. Dated STATE OF FLORIDA COUNTY OF INDIAN RIVER, M 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_ is personally known to me as identification. NOTARY PUBLIC: (SEAL) Printed name: Please remit payment to: Contractor's Name: Address: Commission No.: Commission Expiration: or has produced [The remainder of this page was left blank intentionally] Contractor's Application for Partial Payment - 06-09 rev - 00622 - 2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\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 F1Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV O 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\1801A IRC Courthouse Panting Garage Rehabilitation\t-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 3 Contract Forms.docx — Page 5 of 5 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): Contractor's Application for Partial Payment - 06-09 rev - 00622 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTSX1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 3 Contract Forms.docx 0 0 c ds ds (A us Gn W) 0 U) Z2 < — _j LL. z M A W (WE N-, cn u vl cn4 z 0 Ln z z J 0 0. 46 0 In En cn -4 > I-- U W C4 O z Ln Z 0 RCD ox O w 0. z CY 'M Z7 cn 0 0 -o M o< LU -j 0. as z Ci � Ar > R Q CD 0. W X ®R 0 0 E O > U) ti 0 Fa 0 F co :01 OU z PAGE 00622-6 SECTION 00630 - Certificate of Substantial Completion Date of Issuance: 20 OWNER: Indian River County CONTRACTOR: CONTRACT FOR: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION Project No.: IRC -1801A OWNER's Bid No. 2020056 Project Description: The proposed improvements to the IRC Courthouse Parking Garage include repair of spalled concrete, rehabilitation of stair structures, replacement of existing parking deck expansion joints, replace existing joint sealant materials, install new traffic coating, and restripe parking spaces and traffic markings. Also includes the replacement of existing drain bowl clamping rings, trench drain liner and the removal of existing metal door frames. All work shall conform to current local and state building code requirements. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: And To: OWNER 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 F:\Public Works\ENGINEERING DIVISION PROJECTSM01A IRC Courthouse Parking Garage Rehabilitation\t-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 3 Contract Forms.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: 0 (Authorized Signature) (Date). CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: 0 (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER: INDIAN RIVER COUNTY M (Authorized Signature) * * END OF SECTION * * Certificate of Substantial Completion REV 04-07 - 00630 - 2 F:\PublicWorks\ENGINEERING DIVISION PROJECTSM01A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids0d Documents\Bid Dcuments\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 COUNTY COURTHOUSE PARKING GARAGE REHABILITATION PROJECT NO: IRC -1801A 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 120 , 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 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid DcumentS\DN 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. (Contractor) By: STATE OF COUNTY OF (Corporate Seal) Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of 20 , by (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. + + END OF SECTION + + Contractor's Final Certification of the Work - 00632-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DN 0_3_Contract Forms.docx 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 DOUNTY COURTHOUSE PARKING GARAGE REHABILITATION PROJECT # IRC -1801A 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.dou - 00634 - 1 F:\PublicWorkskENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids0d Documents\Bid Dcuments\DIV 0 3 Contract Fonns.docx STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.................................................................................................... 5 1.01 Defined Terms.................................................................................................................................. 5 1.02 Terminology......................................................................................................................................7 ARTICLE 2 - PRELIMINARY MATTERS..................................................................................................................... 8 2.01 Delivery of Bonds.............................................................................................................................. 8 2.02 Copies of Documents....................................................................................................................... 8 2.03 Commencement of Contract Times, Notice to Proceed.................................................................. 8 2.04 Starting the Work.............................................................................................................................. 8 2.05 Before Starting Construction............................................................................................................ 8 2.06 Preconstruction Conference............................................................................................................. 9 2.07 Initial Acceptance of Schedules........................................................................................................ 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE............................................................... 9 3.01 Intent................................................................................................................................................. 9 3.02 Reference Standards........................................................................................................................10 3.03 Reporting and Resolving Discrepancies..........................................................................................10 3.04 Amending and Supplementing Contract Documents.......................................................................10 3.05 Reuse of Documents...........................................................:............................................................10 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.....................................................................:...............................................................................11 4.01 Availability of Lands..........................................................................................................................11 4.02 Subsurface and Physical Conditions................................................................................................11 4.03 Differing Subsurface or Physical Conditions....................................................................................11 4.04 Underground Facilities......................................................................................................................12 4.05 Reference Points..............................................................................................................................13 4.06 Hazardous Environmental Condition at Site....................................................................................13 ARTICLE 5 - BONDS AND INSURANCE....................................................................................................................14 5.01 Performance, Payment, and Other Bonds.......................................................................................14 5.02 Licensed Sureties and Insurers........................................................................................................15 5.03 Certificates of Insurance...................................................................................................................15 5.04 CONTRACTOR's Liability Insurance...............................................................................................15 5.05 OWNER's Liability Insurance...........................................................................................................16 5.06 Property Insurance...........................................................................................................................16 5.07 Waiver of Rights...............................................................................................................................17 5.08 Receipt and Application of Insurance Proceeds..............................................................................18 5.09 Acceptance of Bonds and Insurance, Option to Replace................................................................18 5.10 Partial Utilization, Acknowledgment of Property Insurer..................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES.................................................................................................18 6.01 Supervision and Superintendence...................................................................................................18 6.02 Labor, Working Hours.......................................................................................................................19 6.03 Services, Materials, and Equipment.................................................................................................19 6.04 Progress Schedule...........................................................................................................................19 6.05 Substitutes and "Or-Equals".............................................................................................................19 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................... 22 DIV 0 -4 -Conditions of Contract.doc 00700-2 F:\Public Works\ENGINEERING DMSION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\l-Admin\BidABid Documents\Bid Dcuments\DIV 0 -4 -Conditions of Contract.doc 6.07 Patent Fees and Royalties............................................................................................................... 22 6.08 Permits.............................................................................................................................................. 22 6.09 Laws and Regulations...................................................................................................................... 22 6.10 Taxes................................................................................................................................................ 22 6.11 Use of Site and Other Areas............................................................................................................. 22 6.12 Record Documents........................................................................................................................... 23 6.13 Safety and Protection....................................................................................................................... 23 6.14 Safety Representative...................................................................................................................... 24 6.15 Hazard Communication Programs................................................................................................... 23 6.16 Emergencies.....................................................................................................................:............... 24 6.17 Shop Drawings and Samples...........................................................................................................24 6.18 Continuing the Work......................................................................................................................... 25 6.19 CONTRACTOR's General Warranty and Guarantee ...................................................................... 25 6.20 Indemnification .................................................................................................................................. 26 ARTICLE7 - OTHER WORK....................................................................................................................................... 26 7.01 Related Work at Site......................................................................................................................... 26 7.02 Coordination......................................................................................................................................27 ARTICLE 8 - OWNER'S RESPONSIBILITIES............................................................................................................. 27 8.01 Communications to Contractor......................................................................................................... 27 8.02 Replacement of ENGINEER............................................................................................................ 27 8.03 Furnish Data...................................................................................................................................... 27 8.04 Pay Promptly When Due.................................................................................................................. 27 8.05 Lands and Easements, Reports and Tests...................................................................................... 27 8.06 Insurance.......................................................................................................................................... 28 8.07 Change Orders................................................................................................................................. 28 8.08 Inspections, Tests, and Approvals................................................................................................... 28 8.09 Limitations on OWNER's Responsibilities........................................................................................ 28 8.10 Undisclosed Hazardous Environmental Condition........................................................................... 28 8.11 Evidence of Financial Arrangements................................................................................................ 28 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION............................................................................28 9.01 OWNER'S Representative............................................................................................................... 28 9.02 Visits to Site...................................................................................................................................... 28 9.03 Project Representative......................................:.............................................................................. 28 9.04 Clarifications and Interpretations...................................................................................................... 29 9.05 Authorized Variations in Work.......................................................................................................... 29 9.06 Rejecting Defective Work.................................................................................................................29 9.07 Shop Drawings, Change Orders and Payments.............................................................................. 29 9.08 Determination for Unit Price Work.................................................................................................... 29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work ............................ 29 9.10 Limitations on ENGINEER's Authority and Responsibilities............................................................ 30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS:.................................................................................................. 30 10.01 Authorized Changes in the Work.................................................................................................... 30 10.02 Unauthorized Changes in the Work............................................................................................... 30 10.03 Execution of Change Orders.......................................................................................................... 30 10.04 Notification to Surety ....................................................................................................................... 31 10.05 Claims and Disputes....................................................................................................................... 31 DIV 0 -4 -Conditions of Contract.doc 00700-3 F \Public Works\ENGAIEERING DWISION PROJECTSU SOI A IRC Courthouse Parking Garage Rehabilitation\l-Admin\Bids\Bid Dowments\Bid Dcurnents\DIV 0 -4 -Conditions of Contract.doc ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .............................................. 31 11.01 Cost of the Work............................................................................................................................. 31 11.02 Cash Allowances............................................................................................................................ 33 11.03 Unit Price Work............................................................................................................................... 34 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............................................. 34 12.01 Change of Contract Price............................................................................................................... 34 12.02 Change of Contract Times.............................................................................................................. 35 12.03 Delays Beyond CONTRACTOR's Control..................................................................................... 35 12.04 Delays Within CONTRACTOR's Control....................................................................................... 35 12.05 Delays Beyond OWNER'S and Contractor's Control..................................................................... 35 12.06 Delay Damages.............................................................................................................................. 35 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK................................................................................................................................. 36 13.01 Notice of Defects............................................................................................................................ 36 13.02 Access to Work............................................................................................................................... 36 13.03 Tests and Inspections..................................................................................................................... 36 13.04 Uncovering Work............................................................................................................................ 36 13.05 OWNER May Stop the Work.......................................................................................................... 37 13.06 Correction or Removal of Defective Work...................................................................................... 37 13.07 Correction Period............................................................................................................................ 37 13.08 Acceptance of Defective Work....................................................................................................... 37 13.09 OWNER May Correct Defective Work........................................................................................... 38 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION....................................................................... 38 14.01 Schedule of Values...........................................................................................4............................. 38 14.02 Progress Payments........................................................................................................................ 38 14.03 CONTRACTOR's Warranty of Title................................................................................................ 40 14.04 Substantial Completion...................................................................................................................40 14.05 Partial Utilization............................................................................................................................. 41 14.06 Final Inspection...............................................................................................................................41 14.07 Final Payment................................................................................................................................ 41 14.08 Final Completion Delayed.............................................................................................41 14.09 Waiver of Claims............................................................................................................................. 42 ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION.................................................................................42 15.01 OWNER May Suspend Work.........................................................................................................42 15.02 OWNER May Terminate for Cause................................................................................................ 43 15.03 OWNER May Terminate For Convenience.................................................................................... 43 15.04 CONTRACTOR May Stop Work or Terminate.............................................................................. 43 ARTICLE 16 - DISPUTE RESOLUTION......................................................................................................................44 16.01 Methods and Procedures............................................................................................................... 44 ARTICLE17 - MISCELLANEOUS................................................................................................................................ 44 17.01 Giving Notice................................................................................................................................... 44 17.02 Computation of Times..................................................................................................................... 44 17.03 Cumulative Remedies.................................................................................................................... 44 17.04 Survival of Obligations.................................................................................................................... 44 17.05 Controlling Law............................................................................................................................... 44 DIV 0 -4 -Conditions ofContract.doc 00700-4 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801 A ILC Courthouse Parking Garage Rehabilitation\l-Admin\Bids\Bid Documents\Bid Dwments\DI V 0 4 Conditions of Contract.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment—The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupa- tional Safety and Health Administration. 5. Bid—The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds—Performance and payment bonds and other instruments of security. 9. Change Order—A document recommend- ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents—The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price—The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final pay- ment. 15. CONTRACTOR—The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work—See paragraph 11.01.A for definition. DN 0-4—Conditions of Contract.doc 00700-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\] 901A IRC Courthouse Parking Garage Rehabilitation\]-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0-4—Conditions of Contract.doc 17. Drawings—That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER—The individual or entity named as such in the Agreement. 22. General Requirements—Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, 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 Comple- tion of all the Work. 28. Notice of Award—The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed—A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER—The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs—Polychlorinated biphenyls. 33. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative—The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. DIV 0-4—Conditions of Contract.doc 00700-6 I'APublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contracl.doc — — 38. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site—Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications—That part of the Contract Documents consisting of written technical descriptions of materials, equipment; systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor—An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to fumish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work—Work to be paid for on the basis of unit prices. 48. Work—The entire completed construction or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all material's and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive—A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment—A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design DIV 0-4—conditions of Contract.doc 00700-7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recom- mendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The werd 4drn06h," wheaused —On senr?estien with serviGes, materials, er Rt, shall Fnean to supply and delive sead+tien, 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- ceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- mence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the DN 0-4—conditions of Contract.doc 00700-8 (:\Public Works\ENGINEERING DNISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC- TOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for sub- mitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri- ate will be held to review for acceptability to ENGI- NEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part there- of) to be constructed in accordance with the Contract DIV 0 4 Conditions of Contract.doc 00700-9 FAPublic Works\ENGINEERING DIVISION PROJECTS\1601A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifica- tions, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the stan- dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employ- ees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CON- TRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (0) a- Field —G ; (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 DIV 0-4—conditions of Contract.doc 00700-10 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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 Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGI- NEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementa- ry Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRAC- TOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a 4.02 Subsurface and Physical Conditions change in the Contract Documents; or DIV 0_4_Conditions of Contract.doc 00700-11 FAPublic Works\ENGINEERING DIVISION PROJECTS\1 801 A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as 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 revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as re- quired by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or com- pleteness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- TOR shall have full responsibility for: a. reviewing and checking all such information and data, DIV 0-4—Conditions of Contract.doc 00700 - 12 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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 ENGI- NEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, .to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CON- TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. DIV 0_4_Conditions of Contract. doc 00700-13 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\t-Admin\BiftBid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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 Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special condi- tions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 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 DIV 0-4—Conditions of Contract.doc 00700-14 FAPublic Works\ENGINEERING DIVISION PROJECTS\1 801 A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids0d Documents\Bid Douments\DIV 0 4 Conditions of Contract.doc — — 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 "Com- panies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.6, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.13 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 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 DIV 0-4—Conditions of Contract.doc 00700- 15 FAPublic Works\ENGINEERING DIVISION PROJECTS\1 801 A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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 additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a 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 Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance 5.06 Property Insurance DIV 0-4—conditions of Contract.doc 00700-16 F %Public Works\ENGINEERING DIVISION PROJECTS\1 801 A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 5.07 Waiver of Rights 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 bome 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. DIV 0-4—conditions of Contract.doc 00700-17 F1Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to 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 DIV 0_4_Conditions of Contract.doc 00700- 18 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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 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 ENGINEER for acceptance (to the extent indi- cated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and 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 00700- 19 DIV 0 -4 -conditions of Contract.doc F.Tublic Works\ENGINEERING DIVISION PROJECTSM01A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids0d Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc _ _ ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or, use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the pro- posed substitute item will prejudice CONTRACTOR's achievement of Substan- tial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether - or not incorporation or use of the proposed substi- tute item in connection with the Work is sub- ject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, se- quence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- graphs 6.05.A and 6.05.6. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise DIV 0-4—conditions of Contract.doc 00700-20 FAPublic Works\ENGINEERING DIVISION PROJECTSX1801A IRC Courthouse Parking Garage Rehabilitation\t-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR's ex- pense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.8 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so pro- posed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.8), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reason- able objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcon- tractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No 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 ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship 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 appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor 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 DIV 0-4—Conditions of Contract.doc 00700-21 FAPublic Works\ENGINEERING DIVISION PROJECTSM01A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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 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, consum- er, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. B. OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 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 DIV 0-4—Conditions of Contract.doc 00700-22 F.\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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- TOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materi- als, rubbish, and other debris shall conform to applica- ble Laws and Regulations. C. Cleaning. Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGI- NEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of 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 DIV 0-4—Conditions of Contract.doc 00700-23 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV O 4 Conditions of Contract.doc — — 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 CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.6 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged be- tween or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required 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 DIV 0-4—conditions of Contract.doc 00700-24 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGI- NEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CON- TRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make correc- tions required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. DIV 0-4—Conditions of Contract. doc 00700-25 F:\PublieWorksXENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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 party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen- sation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CON- TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 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 00700-26 DIV 0_4_Conditions of Contract.doc F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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. R 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. 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 DIV 0-4—Conditions of Contract.doc 00700-27 F:\Public Works\ENGINEERING DIVISION PROJECTS\1 801 A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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 intervals appropriate to the various stages of construc- tion 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 Con- tract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, 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 DIV 0_4_Conditions of Contract.doc 00700-28 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids0d Documents\Bid Dcuments\DIV O 4 Conditions of Contract.doc — — authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compati- ble with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These Fnay be aGGISIMplished by a Field OFdeF and will be binding en OWNER and also en pFemptly. if OWNER and GONTRAGTOR aFe unable if anyef any adjustment in the Gentrast PFise—e GentFaetTimes, beth, as a Fesult F a Field P1 d paFagFaph !G -G& 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or DIV 0-4—conditions of Contract.doc 00700-29 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Responsibilities A. Neither ENGINEER's authority or respon- sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcon- tractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of. CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibil- ity set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER DIV 0-4—conditions of Contract.doc 00700-30 F:\Public Works%ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regula- tions, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.13. Each Claim shall be accom- panied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing parry, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.13, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in para- graph 11.01.13. DIV 0 4_Conditions of Contract.doc 00700-31 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 2. Cost of all materials and equipment furnished and incorporated in the Work, includ- ing costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this para- graph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary trans- portation, travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not con- sumed which remain the property of CON- TRACTOR. C. Rentals of all construction equip- ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e . Deposits lost for causes other than negligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sus- tained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly DIV 0-4—conditions of Contract.doc 00700-32 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded. The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, princi- pals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's princi- pal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.13. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional DIV 0-4—conditions of Contract.doc 00700-33 F.\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\8ids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Con- tract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaran- teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Deter- minations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- quate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accor- dance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of para- graph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not cov- ered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under para- graphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; DIV 0_4—Conditions of Contract.doc 00700-34 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\t-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.O1.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcon- tractor; Cl. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.13; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a .Subcontractor or Supplier shall be deemed to be delays within the control of CONTRAC- TOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. 00700-35 DIV 0 -4 -Conditions of Contract. doc FAPublic Works\ENGINEERING DIVISION PROJECTSM01A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV O 4 Conditions of Contract.doc _ _ ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article .13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspec- tion or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CON- TRACTOR without written concurrence of ENGI- NEER, it must, if requested by ENGINEER, be uncov- ered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question, furnishing all neces- sary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, DIV 0-4—Conditions of Contract.doc 00700-36 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGI- NEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period {ii,-\ ti Work if the rl f 4' correct-sach defes�ive ..o��t cr, �„�-Q�r�-oma the Pre}eGt and replace it with Work k th t ' -„G deferstive, and (iii) satisfaGtoFily GOFFeGt or repair or remove and FeplaGe aRy damage to other Work, to the W9Fk of others oF ether lapd or areas resulting there fFen;. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by DIV 0-4—Conditions of Contract.doc 00700-37 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\t-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recom- mendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as 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 ENGI- NEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such 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 DIV 0-4—conditions of Contract.doc 00700-38 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DN 0 4 Conditions of Contract.doc — — 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 payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspec- tions made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.6.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: DIV 0-4—conditions of Contract.doc 00700-39 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accor- dance with paragraph 13.09; or theGGrarrenoe of any of the events eRumeF ated RR paFagFaph 16.02.A. C. Payment Becomes Due D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- ER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02. C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER eensiders the VNerk substantially GOFFIplete, ENGINEER will -PFepa.e-and delayer t9 OWNER a + + +' r+'F + f C h + +' 1 Gempletion whiGh shall fix the date of Substantial befeFe fiRal payment. OWNER shall have seven days Fnake wFitten objection to ENGINEER as te any of the GeFfifirate 9F attaGhed list. if, afteF �can...... ng 6uGh ebjeetlens, ENGINEER eeeelade� vao, i that the VVeFk is net substantially eemplete- ENGINEER will within 14 .d„ys afF submissionof-+h , we in writing, stating the-Feasens theFefer. if, a#ef sensideratien of OWNER's ebjeetieRs, ENGINEER esnsiders the —Werk sdbstantia',Iy--ser;ete ENGINEER will within -said 14 days exeGlUte and tentative list of items te be Gempleted OF GGFFeGted) Fef]eo+inn G ,nh ehen s F the to + +'ve .+'F 4 .. ENGINEER believes rjustified -v,ccGmnaacTocrv,rvr DIV 0 -4 -Conditions of Contract.doc 00700-40 (:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitalionll-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc - - 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 Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by 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 DIV 0-4—Conditions of Contract.doc 00700-41 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\13ids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc _ _ rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satis- fied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without 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 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CON- TRACTOR shall resume the Work on the date so fixed. DIV 0_4_Conditions of Contract.doc 00700-42 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) 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- nomic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate DIV 0_4_Conditions of Contract.doc 00700-43 F'\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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, TRAG-T-OR aRY SUM finally deteFrnined 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, eF OWNER has failed f9F 30 days te pay 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 comple- tion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. DIV 0-4—conditions of Contract.doc 00700-44 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 4 Conditions of Contract.doc — — 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 -S.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................................................................................................................5 SC -5.07 Waiver of Rights....................................................................................................................6 SC -5.08 Receipt and Application of Insurance Proceeds...................................................................6 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............................................................................................. 8 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...........................................................................................10 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 F:\PublicWorksXENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin0cls0id Documents0d Dcuments\DIV 0 5 Conditions Of the Contract.docx - - IRC -1801A 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: REI Engineers, Inc. 10150 Highland Manor Drive, Suite 200 Tampa, FL. 33610 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 -2.06.A in its entirety and insert the following paragraph in its place: Supplementary Conditions - 00800-2 I'APublic Works\ENGINEERING DIVISION PROJECTSX1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0_5 Conditions of the Contract. docx IRC -1801A 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\121ids\Bid Documents\Bid Dcuments\DIV 0_5_Conditions of the Contract.docx IRC -1801A 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: NONE. SC -5.01 Performance, Payment and Other Bonds SC -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its place: Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. 1. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. 2. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. 3. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 200016th Avenue, Vero Beach, Florida 32960. SC -5.03 Certificates of Insurance SC -5.03 Delete the second sentence of paragraph GC -5.03 in its entirety. SC -5.04 CONTRACTOR's Liability Insurance SC -5.04 Add the following new paragraphs immediately after paragraph GC -5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: Supplementary Conditions - 00800-4 F:\PublicWorksXENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitationll-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0_5_Conditions of the Contract. docx IRC -1801A 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 ofA-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. SC -5.06 Property Insurance SC -5.06 Delete paragraphs GC -5.06.A, 8, 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: Supplementary Conditions - 00800-5 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\13id Documents\Bid Dcuments\DN 0_5_Conditions of the Contract.docx IRC -1801A 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; 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. 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 SC -5.07 Waiver of Rights SC -5.07 Delete GC -5.07 (paragraphs A, 8, and C) in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC -5.08 Delete GC -5.08 (paragraphs A and B) in its entirety. Supplementary Conditions - 00800-6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0_5_Conditions of the Contract.docx IRC -1801A SC -5.09 Acceptance of Bonds and Insurance; Option to Replace SC -5.09 Delete GC-5.09(paragraph A)in its entirety. SC -6.02 Labor; Working Hours SC -6.02.6. Add the following paragraphs immediately after paragraph GC -6.02.8: 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7.a.m. to 5 p.m. 2. Indian River County Holidays are: New Year's Day, Martin Luther King, Jr. Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager. 3. The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of emergency upon specific permission of the ENGINEER. SC -6.06 Concerning Subcontractors, Suppliers, and Others SC -6.06.C. Add the following sentence at the end of paragraph GC -6.06.C. OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6.08 Permits SC -6.08 Add the following paragraphs immediately after paragraph GC -6.08.A: 1. The OWNER has obtained the following permits (copies of these permits are contained in Appendix A): Indian River County/City of Vero Beach Building Permit !pending) 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 Supplementary Conditions - 00800-7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 -5 --Conditions of the Contract.docx IRC -1801A 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: 1. CONTRACTOR will receive payment for actual costs of direct labor and burden (see SC - 2.06.6) for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro -rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. SC -13.03 Test and Inspections SC -13.03.13. 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. 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 Supplementary Conditions - 00800-8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0_5 Conditions of the Contract.docx IRC -1801A 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 firstsentence of paragraph GC -13.07.A in its entirety and insert the following sentence in its place A. If within one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. SC -13.07 B. Delete paragraph GC -13.07.8 in its entirety and insert the following sentence in its place B. In special circumstances where a particular item of equipment is placed in 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.B.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: e. 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. 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 Supplementary Conditions - 00800-9 P1Public Works\ENGINEERING DIVISION PROJECTSM01A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0_5 Conditions of the Contract. docx IRC -1801A 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 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: Supplementary Conditions - 00800-10 FAPublic Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DN 0-5—Conditions of the Contract. docx IRC -1801A 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: ..20011 NW. K% Kwu SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: Supplementary Conditions - 00800-11 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0_5_Conditions of the Contract.docx IRC -1801A 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 subiect to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Suretv 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin0ds\Bid Documents\Bid Dcuments\DIV 0-5—Conditions of the Contract.docx IRC -1639 SECTION 00942 - Change Order Form No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION OWNER's Project No. IRC -1801A OWNER'S Bid No. 2020056 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\1601A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 6 Conditions of the Contract.docx SECTION 00948 - Work Change Directive DATE OF ISSUANCE: OWNER: Indian River County CONTRACTOR EFFECTIVE DATE: IRC -1639 No. Project: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION OWNER's Project No. IRC -1801A OWNER'S Bid No. 2020056 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 F Unit Prices 0 Lump Sum II Other: — L2 By Change Order: Method of determining change in Contract Times ❑ Contractor's Records f ] Engineer's Records II Other: 0 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\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 0 6 Conditions of the Contract. docx Division 1— General Requirements, IRC -1801A 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:\PublieWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1—General Requirements, IRC -1801A 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 411t 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 I'APublic Works\ENGINEERING DIVISION PROJECTSM01A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1801A 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:\PublicWorkskENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Panting Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1801A 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 PROJECTSX1801A IRC Courthouse Parking Garage Rehabilitation\1-AdmiMBids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1— General Requirements, IRC -1801A 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. 1.5 AS-BUILT/RECORD DRAWINGS A. As -built drawing shall indicate actual extent of existing concrete removal and replacement including steel replacement details.. + + END OF SECTION + + Field Engineering and Layout - 01050-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\13ids\13id Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1801A 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 - 01091-1 F:\Public Works\ENGINEERING DIVISION PROJECTSX1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1801A 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS, docx Division 1— General Requirements, IRC -1801A 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 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcumenls\DIV 1 GENERAL REQUIREMENTS.docx Division 1— General Requirements, IRC -1801A 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS. docx — Division 1— General Requirements, IRC -1801A 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: I. Transcript of previous meeting. 2. Progress since last meeting. 3. Planned progress for next period. 4. Problems, conflicts and observations. S. 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\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS. docx — Division 1— General Requirements, IRC -1801A 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 F:\Pub1icWorksXENG1NEER1NG DMSION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-AdminOidsSid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1—General Requirements, IRC -1801A 1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval bythe 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 F:\PublicWorkskENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids0d Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1—General Requirements, IRC -1801A 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 examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. Samples are further defined in Article 6.17, Section 00700. Submittal of Shop Drawings - 01340-1 F:\PublicWorksXENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS. docx — Division 1—General Requirements, IRC -1801A 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 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1GENERAL REQUIREMENTS.docx — Division 1—General Requirements, IRC -1801A 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS PRODUCT DATA AND SAM PLES 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 S. 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 F1Pub1ic Works\ENGINEERING DIVISION PROJECTSX1601A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Contractor: Division 1— General Requirements, IRC -1801A CONTRACTOR SUBMITTALS SUBMITTAL NO. Date Sent to County No. Copies Sent to County ❑ Original Submittal ❑ Re -Submittal Project Name: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION Project No.: IRC -1801A ❑ Shop Drawing Description: _ Sub -Contractor: Remarks: ❑ Cut Sheet ❑ Other ********************************************************** Reviewing Agency: (As checked below) Date Received _Date Returned No. Copies Ret'd F-1 I R C Engineering Div. ❑ I R C Utilities Services Remarks: ********************************************************** IRC Enciineering Division 1801 271h Street Vero Beach, FI. 32960 Remarks: Distribution of Copies: IRC Engineering Division Office File Field Office File Date Recd from Contractor Date Ret'd to Contractor_ No. Copies Ret'd Submittal of Shop Drawings - 01340-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS. docx — Division 1—General Requirements, IRC -1801A 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 81/2 -inch x 11 -inch). H. After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations: 1. Approved 2. Approved as Noted 3. NOT Approved - Resubmit If a submittal is acceptable, it will be marked "Approved" or "Approved as Noted". One (1) electronic copy of the submittal will be returned to CONTRACTOR. J. Upon return of a submittal marked "Approved" or "Approved as Noted", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corrections indicated. K. If a submittal is unacceptable, one (1) copy will be returned to CONTRACTOR with following notation, "NOT Approved - Resubmit". L. Upon return of a submittal marked "NOT Approved - Resubmit", make the corrections indicated and repeat the initial approval procedure. Upon return of a submittal so marked, repeat the initial approval procedure utilizing acceptable material or equipment. M. Work shall not be performed nor equipment installed without an ENGINEER "Approved" or "Approved as Noted" Shop Drawing. N. Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved. CONTRACTOR shall assume the risk for all materials or 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabi1itation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1— General Requirements, IRC -1801A 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 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1— General Requirements, IRC -1801A SECTION 01520 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.1 SCOPE A. Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications. 1.2 RESPONSIBILITY A. All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site. B. All false work, scaffolding, ladders, hoistways, braces, pumps, roadways, sheeting, forms, barricades, drains, flumes, and the like, any of which may be needed in construction of any part of the work and which are not herein described or specified in detail, must be furnished, maintained and removed by the CONTRACTOR, who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction, maintenance or operation. C. In accepting the Contract, the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists, cranes, temporary structures or work and for any damage which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision. 1.3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1. Provide a temporary water service as required for all construction purposes and pay for all water used. 2. Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job. 3. Provide all temporary piping, hoses, etc., required to transport water to the point of usage by all trades. 4. When temporary water service is no longer required, remove all temporary water lines. Construction Facilities and Temporary Controls - 01520-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1GENERAL REQUIREMENTS.docx — Division 1— General Requirements, IRC -1801A 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\1601A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid DcumentMDIV 1 GENERAL REQUIREMENTS.docx Division 1—General Requirements, IRC -1801A 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. Protection of the Work and Property - 01541-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DN 1 GENERAL REQUIREMENTS.docx — Division 1—General Requirements, IRC -1801A B. Do not store or park materials or equipment within the drip line of trees that are to remain. C. Install temporary fences or barricades to protect trees and plants in areas subject to traffic. D. Fires shall not be permitted under or adjacent to trees and plants. E. Within the limits of the Work, water trees and plants that are to remain, in order to maintain their health during construction operations. F. Cover all exposed roots with burlap and keep it continuously wet. Cover all exposed roots with earth as soon as possible. Protect root systems from mechanical damage and damage by erosion, flooding, run-off or noxious materials in solution. G. If branches or trunks are damaged, prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use. H. Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality. I. Coordinate Work in this Section with requirements of other sections herein. 1.4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements, which could be damaged by construction activities. The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2) days. Irrigation systems partially within the right-of-way 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 Protection of the work and Property - 01541-2 F:\Public Works\ENGINEERING DIVISION PROJECTSX1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids0id Documents\Bid Dcuments\DN 1 GENERAL REQUIREMENTS.docx Division 1—General Requirements, IRC -1801A independently verified by the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3. Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24- hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 6. Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of the services which such structures provide. If CONTRACTOR damages an underground structure, restore it to original condition at CONTRACTOR's expense. 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\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1—General Requirements, IRC -1801A 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:\PublieWorkskENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\13id Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS. docx Division 1—General Requirements, IRC -1801A 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\t-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx _ Division 1— General Requirements, IRC -1801A 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\1801A IRC Courthouse Parking Garage Rehabilitation\1-admin\Bids\Bid Documents\Bid Dcuments\DIV 1—GENERAL REQUIREMENTS.docx Division 1—General Requirements, IRC -1801A 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin0ids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1— General Requirements, IRC -1801A 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Panting Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS. docx — Division 1—General Requirements, IRC -1801A 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:\PublicWorkskENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1—General Requirements, IRC -1801A 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). I. 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:\PublicWorksXENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1— General Requirements, IRC -1801A 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: I. Acceptance will require changes in the design concept or a substantial revision of the Contract Documents. 2. It will delay completion of the Work, or the work of other contractors. 3. It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR. E. If the ENGINEER determines that a proposed substitute is not equal to that specified, furnish the product, manufacturer, or method specified at no additional cost to OWNER. F. Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents. G. The procedure for review by Engineer will include the following: 1. Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR. 2. Upon receipt of an application for review of a substitution, Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item. 3. If the substitution will not require a more extensive review, Engineer will proceed with the review without additional cost to CONTRACTOR. 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\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1— General Requirements, IRC -1801A H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR's expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. I. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install, or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. Owner may require CONTRACTOR to furnish at CONTRACTOR's expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is used, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. J. Substitute materials or equipment may be proposed for acceptance in accordance with this Section. In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. + + END OF SECTION + + Substitutions - 01630-3 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin0ds0d Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1—General Requirements, IRC -1801A 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitationll-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx — Division 1— General Requirements, IRC -1801A 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\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx Division 1—General Requirements, IRC -1801A 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\DIV 1 GENERAL REQUIREMENTS.docx _ APPENDIX A PERMITS APPENDIX A F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Bids\Bid Documents\Bid Dcuments\AppendixA.docx APPENDIX 6 INDIAN RIVER COUNTY BUILDING DEPARTMENT PERMIT FEE SCHEDULE APPENDIX B F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\l-Admin\Bids\Bid Documenls\Bid Dcuments\Appendix B.docx 0 � CL cn L o o U N U�- U CD fC C 3 p (0 to U U � E E 0> E 2 y m- y o o Evb aci c Fn c N� U o U—' w Y 0 V o�' a�3c0o•�vX o v a .m034)"Q�, N ". r`�c=�o 12�o�oa_ a) €UMc-°amm -o i-� w O 7 U- C� p fC N •C 7 O �p fes, � m 3 N c= 3 3 0CD •r fl C o O 'N c o •� cu 0 0 > C v r� 4) m Lo .� o. U (b U >1 o C �• rn O ``' U C LLC cu 2 o 'v 0 o —' o. 64 a Q m o CL o 0 c 5 op o c Q E o d ; o c V a dL� oc; Q V Q `- N c O c 0 c O CO o �g v 8 -o a 0 a c O 'a p Q'c -15 a •c a -?5a •c om'9� 3 o ac) om 3 0 0m•3� 3 o m 4 Ew a3i 0 E Eu) aa)i L r E •> L +i L + L •� O m =O m a� � U 0 U a) a c O v' a O v O v D a N, -In N ,t"_ � N m Lo `r —FttO 0)t _ CY)O c m 0) Cl) 0) M C m a) UO p a 0 0 O N O U . 0of m 0 a Ntij p a +. N& c y v� M c 0 a) 0 � 42 M c Q .r O• 7 r h .r O• O €C6 a) N = O €tn dj N N E.- c T- 3 oQq� o_O a)t� m� O 3 m CL CL L- c O� `) c 0 c O j `) o c o 0 0 N Q a) Q 7 _c Q 2 0 C p >LL > ;lL L o 3 co c a) O> O U N O N > V O "' C a) N c- a) �• c E N L 0 c 3 c a O a) 0 �, c mm N ca j C O 0 O p 0= a N O m 7 0 m` a E co Y L O +, C N L O ,C m U N C N O 'O E_ '� a v c = o m E o ma cup o'c a E 0 c n. V € c L 64 p € a 7 0 +_ d Q a) +�+ CO 3 a� 'F U p m .n pd c CL 7 m U O U M m c D O a) U L 'O = O tQ •a 3 � � L ca 20 c4 N 64 d d � a))L a_ O 0 000 000 O 0 O o OO OoOooOO 000O0 O 0 O 0 O 0 O 0 LL OO 00 d LO ori Ln r` ori ori ori ori ori r` ui t` LO LO r` LO ori r` Lo ui ui r` �ri tl- ,, € o LO t` o o 0 C) 6a 60). 60e 6% 61). 61:�69� 691,En09.6n Q9�cfl d d � E= a o. a ea d E a � rn C` o a) = c D E t U n �p c oa o) 0X0 v U) �0a V Q) CL N N O D E C • a) p N m cn 9 at m a) c N °' € � o� = � o CO 0 o O a L U p U 8 0 N m �' U c O �. � C c E� m m �' O C O «. O of E a� c =Eat a, c 0 a=i v E a) cc= 'c cmc a) ��lpmm O = mv) va3)3 0. 0c� 0)(D 0 0 �� U v a� c m rn� E o w N> c`a c� `-° - `-° m m 0 Qamwww0wdlLw 7 N L N p a) 3 i c N c Egan N O O 0 N C O c 0 O a) p O a) O m a IL m of cn a# M �IACp I ti W Ow�rN in N eM--,T N N m L w N N ` U N C O ° ° O M `o a c o > o o > o 0E o Om o� 01 0= C E 0) O U O c R O 0 0: O>> c p N= C N Q U C w NO c C N` O° N a y 0 r••• d E y y 0 w o ,> U o "O ca O - =E ,a? O='- ° O U c a a 0€ ca O v Y a o m(a r a >, 5 n 3 a v o Uco c.�,GO y �+ N N (LO O N O .L c d to O -.0 O O O) C Q Vb�4 Q V E Oa t d E O V •� � a°i Uo cc U cu O O d N O. N R) E O C O � 2 O w �O ° N o c LL 0 O 0 O 0 O 0 O 3 0 ° O"y 0 y = = ui N Ln NNu7 ui o a> p ` C coo € m 6r E o 'M d a 0 N c 0 .. o `- a O L- o O m `° :33 a o R U. E s c O_ O U d Li d' E 0000 0000 0 0 0 0 0 0 0= c O° . QO O O O O 0 O 0 O 0 0 . Cl o 0o W o Q -N NNN N N N N N O N N f� ++ 0 V N LL @ V CL 0 CL c. L m V a U) W o CD fC N w LL a LO m N _ m d C > a 3 ' N O J d qF J y. C�j J U aa) fn o y c 0. d O °O CO n. O y I O 7 N y •- O O :.. N ° �° > to �Q ocn co 0 °a E o 0 3 aci v °° U O c € N t6 •` ° c CL p aEi aa) = y m a°i o O V O E E o ° U E `O O U E m `� E m' "E E a- x c`o �a O d Ea w 6 O c E 0 c° E °- Vic° E a 0 E E c°� � N Qin000 N N O o m 0 2U O x 7 0 xU(nU) 2 0 y b) N 2 aiC� 6 ��U? N O N Q M N �Y N N Co N I- N Co N 0 N O M .- M N M M co d lI� Al M c0 M f� M 00 M Y c 0 L OCL ce •- a m o o o c_ ac ) -c 3 ccO 3 co c c o — 0 >, a > N a) Ca •0 N a) cp .. V CO O O +� a a ca V C E O c a) E * a) C () a O O ai Q Co o. O X a v ca Q '3 CJ a) Y a) J� J a) "� r m a� L —Co 0 0 0 a O Y a) N N r ►� C * N N +7 3 fl O C1 ++ O .r U 4; .�- d N> .� a) N= w Co .0 X 0- 06 E X a) O Co a 0 O U N w U N 06 O C 0 0o N p N C Ca c0 cc +N E r0 E c O w a) L > `J a) C N w X O a N p a V 3 Q _ 3 N Co N U N>1 *' c o c o• L LC 3 v a) = CL m m 4) "> a c E a) L -0-0 c c o) N C M c m aN Ca N ca c O> o a O L (Ca .a (D�o N� L O c a N Q: O w N - C C E EC a) Z O �O fl. >, O (0 C = (Q =0 ,6 caaOEC O > M c Zt Ca a F o a) U (W9 O > a) cU CT 4)'pQ0.�c C c c ° "U� o « S' m o� a) �a (CO D m c c o N c U E c o 'C 4O 1O O a) CO a '° r O a) h CoO O a) N � EL�o a) C c� •- n a M O O a) p m 0 a caC p a a E' m C Q W a) `` ' O O o OO W O o W 0 a O co N p X U O t N .r U. o E O O O O W O O W t O O N C p O p. O O N In a tL LO U. d a) � N w � L v- C .�. y U V O y O C a) 3 C O C' a Q o (D Ea) m aa)) a>) s N N N c O C.0 a) \ � Q ,. F - cn cn o m ate) a o Q = a) a >CL Q�22a 0 .. 0 M C d 40 0 r- 0 0 a) a) CL Urm 3d � ! N U ( m 3 O y C �Oo c3 _ c�- wy 0 E O DO 0 w CO � N L.E0 yaC 9 0 C_-00cQ No a g c 0 a—L a) E 20 m 000 m y wOE CL c .D¢ o• •N UL3 0 > ac°oa Q U M d 0 per e � U d Q PROJECT MANUAL FOR IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation July 28, 2020 REI PROJECT NUMBER 019TPA-020 E N G I N E E R S FLORIDA ENGINEERS LICENSE #26860 Engineering solutions for tomorrow® 500 County Road One I P. 0. Box 549 reiengineers.com Palm Harbor, FL 34682 813.944.2137 PROFESSIONAL ENGINEER SECTION 00 0107 SEALS PAGE END OF SECTION 00 0107 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 00 01 07-1 Seals Page SECTION 00 0110 TABLE OF CONTENTS DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS Introductory Information 00 01 01 Title Page 00 01 07 Seals Page 0001 10 Table of Contents 0001 15 List of Drawings Project Forms Quality Requirements 00 60 00 Project Forms 00 65 36 Contractor's Five -Year Warranty DIVISION 01 GENERAL REQUIREMENTS 01 1100 Summary of Work 01 1400 Work Restrictions 0131 00 Project Management and Coordination 01 3300 Submittal Procedures 01 40 00 Quality Requirements 01 4200 References 01 5000 Temporary Facilities and Controls 01 73 29 Cutting and Patching 01 74 00 Cleaning and Waste Management 01 7700 Closeout Procedures DIVISION 03 CONCRETE 03 01 00 Rehabilitation of Concrete DIVISION 07 THERMAL AND MOISTURE PROTECTION 07 90 20 Garage Waterproofing Systems 07 92 00 Elastomeric Joint Sealants DIVISION 09 FINISHES 0991 13 Exterior Paint 09 96 53 Elastomeric Silicone Coating DIVISION 32 EXTERIOR IMPROVEMENTS 32 01 17.61 Crack and Joint Sealing 32 1723 Pavement Markings CONTRACT DRAWINGS IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation END OF SECTION 00 0110 0001 10-1 Table of Contents SECTION 00 0115 LIST OF DRAWINGS PART GENERAL The following drawings and details are included as part of the Contract Documents: Drawing Description S001 Cover Sheet S101 Ground Floor Plan S102 2r,a Floor Plan S103 3`a Floor Plan S201 Elevations END OF SECTION 00 0115 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 0001 15-1 Date 07-28-2020 07-28-2020 07-28-2020 07-28-2020 07-28-2020 List of Drawings SECTION 00 60 00 PROJECT FORMS PART GENERAL 1.01 GENERAL A. The following documents are included in the Project Manual: . 1. Contractors Five -Year Warranty - Section 00 65 36 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 00 60 00 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 00 60 00-1 Project Forms SECTION 00 65 36 CONTRACTOR'S FIVE-YEAR WARRANTY Know all men by these present, that we, (Contractor) , having installed concrete rehabilitation materials, new stair landings, sealants, and coatings on the Indian River County Courthouse Parking Garage Rehabilitation Project under contract between Indian River County (Owner) and Contractor, warrant to the Owner with respect to said work that for a period of five (5) years from date of final completion, the work shall be absolutely free from any and all workmanship defects,provided however the following are excluded from this Warranty: a. Defects or failures resulting from abuse by the Owner. b. Defect in design involving failure of (1) structural frame, (2) load bearing walls, and (3) foundations. C. Damages caused by fire, tornado, hail, hurricane, acts of God, wars, vandalism, riots or civil commotion. We, Contractor, agree that should any defects occur in the work we will perform emergency repairs within 24 hours' notice and perform permanent repairs within a reasonable time in a manner to restore the work to a like new condition by methods compatible to the system and acceptable under industry standards and general practice, all at no expense to the Owner. We, Contractor, further agree that for a period of five (5) years from date of final completion referred to above, we will make repairs at no expense to the Owner to any defects which may develop in the work in a manner compatible to the system and acceptable under industry standards and general practice as established by the Engineer. Contractor shall attend two post construction field inspections: the first no earlier than twenty-three (23) months and no later than twenty-four (24) months after the date of final Completion and the second no earlier than fifty-nine (59) months and no later than sixty (60) months after the date of Final Completion. Contractor shall complete any corrective action requested by Owner, Engineer, or Manufacturer at no additional cost to the Owner. Signature: State County Title: I, , a Notary Public for State, do hereby certify that this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this Notary Public commission IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation County, personally appeared before me day of , 20 (OFFICIAL SEAL) 20 END OF SECTION 00 65 36 00 65 36-1 Contractor's Five -Year Warranty SECTION 01 11 00 SUMMARY OF WORK PART GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. Project Name: IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation B. Project Address: 2065 16''' Ave, Vero Beach, Florida, 32960 C. Owner: Indian River County D. Engineer: The Contract Documents, dated July 28, 2020, were prepared by REI Engineers, Inc. E. This work includes the provision of all labor, material, equipment, supervision and administration to integrate the work outlined in this project manual. In general, the scope of work in the Base Bid will include: 1. Repair of spalled concrete areas of precast concrete components: (Approximately 100 square feet): Properly prepare spalled areas and install epoxy concrete patching materials at locations identified on drawings. 2. Rehabilitation of stair structures: Properly prepare existing steel stair components and apply new coatings. Remove and replace in kind four (4) existing stair landings identified on drawings. 3. Replace elevator shaft ceiling: (Approximately 135 square feet): Remove and replace in like kind and finish sheetrock ceiling in elevator shaft identified on drawings. 4. Replace existing parking deck expansion joints: (Approximately 570 lineal feet): Remove and dispose of the existing expansion joint. Properly prepare concrete surfaces for installation of new traffic rated expansion joint. 5. Replace existing joint sealant materials: (Approximately 1,000 lineal feet): Remove and dispose of the existing sealants. Properly prepare and install new joint sealant material at locations indicated on drawings. 6. Install new elastomeric coating: (Approximately 23,800 square feet): Install new exterior elastomeric coating over all exterior elevations. 7. Install new traffic coating: (Approximately 50,325 square feet): Install new traffic coating on parking deck at locations indicated on drawings. 8. Restripe parking spaces and lane identifiers: (Approximately 4,500 lineal feet): Properly prepare existing concrete deck surfaces and install new parking striping and lane identifiers as indicated on drawings. 9. Replace existing drain bowl clamping rings: Remove and replace in kind twenty-four (24) existing drain bowl clamping rings identified on drawings. 10. Remove existing metal door frames: Remove all remaining metal door frames from the stairways and repair exposed concrete with concrete repair material. 11. Install new trench drain liner: (Approximately 58 lineal feet): Install new trench drain liner as indicated on drawings. F. The Contractor is responsible for all electrical, plumbing, mechanical, and other related trade work necessary to facilitate project operations. All work shall conform to the requirements of the current Building Code approved in the State of the project location. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 1100-1 Summary of Work G. General requirements and specific recommendations of the material manufacturers are included as part of these specifications. The manufacturers' specifications are the minimum standards required for the completed systems. Specific items listed herein may improve the standards required by the manufacturers and will take precedence where their compliance will not affect the manufacturers' guarantee or warranty provisions. 1.02 CONTRACT A. Project will be constructed under a single prime general construction contract. 1.03 SITE INVESTIGATION A. The Contractor acknowledges that he has satisfied himself as to the nature and location of the Work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, ground water table or similar physicalconditions at the site, the conformation and condition of the ground, the character, quality and quantity of surface and subsurface materials to be encountered, the character of equipment and facilities needed prior to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under this Contract. Any failure by the Contractor to acquaint himself with all the available information concerning these conditions will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the Work. Field measurements shall be taken at the site by the Contractor to verify all data and conditions affected by the Work. 1.04 SPECIFICATION FORMATS AND CONVENTIONS A. PART 2 Specification Format: The Specifications are organized into Divisions and Sections using the 49 -division format and CSI/CSC's "Masterformat" numbering system. Section Identification: The Specifications use section numbers and titles to cross- reference Contract Documents. Sections in the Project Manual are in numeric sequence.; however, the sequence is incomplete. Consult the Table of Contents at the beginning of the Project Manual. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. 2. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. a. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. PRODUCTS (NOT USED) IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 1100-2 Summary of Work PART 3 EXECUTION (NOT USED) END OF SECTION 01 11 00 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 11 00-3 Summary of Work SECTION 0114 00 WORK RESTRICTIONS GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for work sequence, work restrictions, occupancy requirements and use of premises. 1.02 WORK SEQUENCE A. The Work shall be conducted in the following sequences unless construction phases are otherwise specified. 1. Construct Work in phases to accommodate the Owner's. use; if applicable, of the premises during the construction period; coordinate the construction schedule and operations with the Owner and Engineer. 2. Construct the Work in phases to provide for public convenience. Do not close off public use of facility until completion of one phase of construction will provide alternative usage. 3. Construction shall be scheduled in such a manner that once work has commenced on one facility, the Contractor's work force shall remain at that facility continuously each work day through final completion at that facility. 1.03 OCCUPANCY REQUIREMENTS A. Owner Occupancy 1. Owner will occupy the premises during the entire period of construction to conduct normal operations. Cooperate with Owner in all construction operations to minimize conflict, and to facilitate Owner usage. 2. Contractor shall at all times conduct his operations as to ensure the least inconvenience and the greatest amount of safety and security for the Owner, his staff, and the general public. 1.04 USE OF PREMISES A. Use of Site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. 1. Limits: Confine constructions operations to areas of work being renovated as . approved by Engineer and Owner. 2. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. 3. Move any stored materials and equipment that interfere with operations of the Owner. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 1400-1 Work Restrictions B. Use of Existing Building 1. Take every precaution against injuries to persons or damage to property. 2. Protect building, its contents, and its occupants during construction period. 3. The Contractor shall not overload or permit any part of the structure to be loaded with such weights as will endanger its safety or to cause excessive deflection. 4. Protect any existing surface improvements, such as pavements, curbs, sidewalks, lawn and landscaped areas, utilities, etc. 5. Repair to the Owner and Engineer's satisfaction, or to restore to a condition equal to that existing at the time of award of Contract, or to make restitution acceptable to the Owner, any and all damages to the building, its contents, or surface improvements resulting from, or attributable to, the work operation. C. Transportation Facilities 1. Truck and equipment access: a. Avoid traffic conflict with vehicles of the Owner's employees and customers, and avoid over -loading of street and driveways elsewhere on the Owner's property, limit the access of trucks and equipment to the designated areas. b. Provide adequate protection for curbs and sidewalks over which trucks and equipment pass to reach the job site. 2. Contractor's vehicles: a. Require contractor's vehicles, vehicles belonging to employees of the contractor, and all other vehicles entering the Owner's property in performance of the work the contract, to use only the designated access route. b. Do not permit such vehicles to park on any street or other area of the Owner's property except in the designated area. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 01 14 00 - IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 1400-2 Work Restrictions SECTION 013100 PROJECT MANAGEMENT AND COORDINATION PART GENERAL 1.01 SECTION INCLUDES A. This Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: General project coordination procedures. Coordination. Administrative and supervisory personnel. Project meetings. Weekly Reports 1.02 SUBMITTALS A. Refer to section 01 33 00. Listing of construction equipment and vehicles that will be utilized on the park- ing garage. 1.03 COORDINATION A. Coordinate construction operations with those of other contractors and entities to ensure efficient and orderly installation of each part of the Work. The Contractor shall coordi- nate its operations with those included in different Sections that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other com- ponents, before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. Progress Reporting: The scheduling and sequence of all operations shall be carefully co- ordinated with the Owner and Engineer. C. If necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. D. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities in- clude, but are not limited to, the following: 1. Preparation of Contractor's Construction Schedule. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 3100-1 Project Management and Coordination 1.04 A. 91 PART 2 PART 3 2. Preparation of the Schedule of Values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Pre -Construction conference. 7. Pre -installation conferences. 8. Project closeout activities. PROJECT MEETINGS Substantial Completion Inspection Meeting 1. Scheduled by Owner and Engineer upon written notification of substantial com- pletion of work from the Contractor. 2. Attendance: Owner, Engineer, Contractor, material manufacturer. 3. Minimum Agenda: Walkover inspection; verification of substantial completion; identification of punch list items. 4. Refer to Section 01 77 00 for other requirements. Final Inspection Meeting 1. Scheduled by Owner and Engineer upon written notification of final completion of work from the Contractor. 2. Attendance: Owner, Engineer, Contractor. 3. Minimum Agenda: Verification of final completion including the completion of the punch list items. 4. Refer to Section 01 77 00 for other requirements. PRODUCTS (NOT USED) EXECUTION (NOT USED) END OF SECTION 013100 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 31 00-2 Project Management and Coordination SECTION 0133 00 . SUBMITTAL PROCEDURES PART1 GENERAL 1.01 SECTION INCLUDES A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous submittals. 1.02 SUBMITTAL PROCEDURE A. General: The Contractor is responsible for providing the submittals to the Owner. Each submittal must be accepted in writing prior to commencement of work. B. Submission Requirements: Submit all required submittals electronically in pdf format to the Owner for review. The submittals will then be returned electronically to the Contractor with comments. Final submittals will require written responses to all Construction Document submittal comments. C. Processing Time: Allow time for submittal review, including time for resubmittals, as specified below. Time for review shall commence on Owner's receipt of submittal. 1. Initial Review: Allow 7 work days for initial review of submittals. 2. Allow 7 work days for processing each resubmittal. 3. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing. D. Deviations: Highlight, encircle, or otherwise identify deviations from the Contract Documents on submittals and provide letter describing in detail any proposed changes, substitutions, or deviations from the project or manufacturer's specifications. A written explanation of why substitutions should be considered is required and shall be included under the appropriate tab. E. Transmittal and Identification: Package submittals appropriately and include a title page and pdf bookmark for each numbered schedule of submittal item identified below. Owner will discard submittals received from sources other than Contractor. Include Contractor's certification stating that information submitted complies with requirements of the Contract Documents. F. Use for Construction: Use only final submittals with mark indicating action taken by Owner in connection with construction. 1.03 SCHEDULE OF SUBMITTALS A. Refer to the applicable specification section for complete list of submittal requirements for each section. B. The following submittal items shall be submitted electronically with a title page and/or pdf bookmark for each submittal item to meet the requirements specified herein: Project Management and Coordination (Section 01 31 00) IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 33 00-1 Submittal Procedures a. Listing of construction equipment and vehicles that will be utilized on the parking garage. 2. Quality Requirements (Section 0140 00) a. Copy of Construction Permit 3. Closeout Procedures (Section 01 77 00) a. Copy of all warranties to meet the requirements of their respective specification section. 4. Rehabilitation of Concrete (Section 03 01 00) 5. Garage. Waterproofing Systems (Section 07 90 20) 6. Elastomeric Joint Sealants (Section 07 92 00) 7. Exterior Paint (Section 09 91 13) 8. Elastomeric Silicone Coating (Section 09 96 53) 9. Crack and Joint Sealing (Section 32 01 17.61) 10. Pavement Markings (Section 32 17 23) 11. Shop drawings or letter stating that the contractor will install materials as detailed in the Contract Drawings unless properly authorized by the Engineer. 12. Existing damaged/dysfunctional components documentation (videotape, photos, etc.) including but not limited to; asphalt spills, windows, walls, sidewalks, paving, ceilings, etc. Lack of submission prior to commencement of work indicates Contractor has discovered no existing damaged components and takes responsibility for any damages caused by operations. 13. Complete list of materials with Safety Data Sheets (SDS) PART PRODUCTS 2.01 SUBMITTALS A. General: Prepare and submit Submittals required herein and by individual Specification Sections. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's written recommendations. b. Manufacturer's product specifications. C. Manufacturer's installation instructions. d. Manufacturer's catalog cuts. e. Printed performance curves. f. Operational range diagrams. g. Compliance with recognized trade association standards. h. Compliance with recognized testing agency standards. C. Shop Drawings: Prepare Project -specific information, drawn accurately to scale. Do not IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 3300-2 Submittal Procedures base Shop Drawings on reproductions of the Contract Documents or standard printed data. Preparation: Include the following information, as applicable: a. Dimensions. b. Identification of products. C. Fabrication and installation drawings. d. Roughing -in and setting diagrams. e. Shopwork manufacturing instructions. f. Templates and patterns. g. Schedules. h. Notation of coordination requirements. L Notation of dimensions established by field measurement. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by I 1 inches but no larger than 30 by 42 inches. D. Product .Certificates: Prepare written statements on manufacturer's letterhead certifying that product complies with requirements. E. Installer Certificates: Prepare written statements on manufacturer's letterhead certifying that Installer complies with requirements and, where required, is authorized for this specific Project. F. Manufacturer Certificates: Prepare written statements on manufacturer's letterhead certifying that manufacturer complies with requirements. Include evidence of manufacturing experience where required. G. Material Certificates: Prepare written statements on manufacturer's letterhead certifying that material complies with requirements. H. Material Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements. I. Product Test Reports: Prepare written reports indicating current product produced by manufacturer complies with requirements. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. Design Data: Prepare written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. Any calculations or plans shall be signed and sealed by a registered professional. K. Manufacturer's Instructions: Prepare written or published information that documents manufacturer's instructions, recommendations, guidelines, maintenance intervals and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 3300-3 Submittal Procedures PART 3 EXECUTION 3.01 CONTRACTOR'S REVIEW A. Review each submittal, check for compliance with the Contract Documents and note corrections and field dimensions prior to submitting to Engineer/Owner. 3.02 ENGINEER'S ACTION A. Submittals: Engineer/Owner will review each submittal, make marks to indicate corrections or modifications required, and return it. Engineer will stamp each submittal item with an action stamp and will mark stamp appropriately to indicate action taken:. B. Submittals not required by the Contract Documents will not be reviewed and may be. discarded. END OF SECTION 0133 00 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 33 00-4 Submittal Procedures SECTION 0140 00 QUALITY REQUIREMENTS PART GENERAL 1.01 SECTION INCLUDES A. This Section includes administrative and procedural requirements for quality assurance and quality control. 1.02 DEFINITIONS A. Quality -Assurance Services: Activities, actions, and procedures performed before and dur- ing execution of the Work to guard against defects and deficiencies and ensure that pro- posed construction complies with requirements. B. Quality -Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that completed construction comply with require- ments. Services do not include contract enforcement activities performed by Engineer. C. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. 1.03 DELEGATED DESIGN A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria in- dicated. If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Engineer/Owner. 1.04 . SUBMITTALS A. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, li- censes, certifications, inspection reports, releases, jurisdictional settlements, notices, re- ceipts for fee payments, judgments, correspondence, records, and similar documents, es- tablished for compliance with standards and regulations bearing on performance of the Work. 1.05 QUALITY ASSURANCE A. Itis the intent under this contract that workmanship shall be of the best quality consistent with the materials and construction methods specified. The presence or absence of the Owner's or Engineer's representative shall in no way relieve the Contractor of his respon- sibility to furnish materials and construction in full compliance with the drawings and spec- ifications. The Owner and Engineer shall have the authority to judge the quality and re- quire replacement of unacceptable work or personnel at any time. B. Contractor and Subcontractors shall cooperate in the execution of their work and shall plan their work in such manners as to avoid conflicting schedules or delay of work. If any part of a Contractor's work depends upon the work of their Subcontractor, defects, which may IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 40 00-1 Quality Requirements affect that work, shall be reported to the Engineer/Owner in order that prompt inspection may be made and.defects corrected. Commencement of work by the Contractor or their Subcontractor where such condition exists will constitute acceptance of the other Contrac- tor's work as being satisfactory in all respects to receive the work commenced, except de- fects, which may later develop. Work of all trades under this contract shall be closely coordinated in such a manner as to obtain the best possible workmanship for the entire project. All components of the work shall be installed in accordance with the best practices of the particular trade. The Contractor is responsible to advise the Owner sufficiently in advance of operations to allow for assignment of personnel. C. Materials or methods described by words which, when applied, have a well-known tech- nical or trade meaning will be held to refer to such recognized standard. Standard specifi- cations or manufacturer's literature, when referenced, shall be of the latest revision or print- ing unless otherwise stated, and are intended to establish the minimum requirements ac- ceptable. D. All materials shall be new, all materials and workmanship shall be in every respect in ac- cordance with the best modern practice. . E. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or accepted, such materials shall be delivered to the site in orig- inal packages or containers with seals unbroken and labels intact and shall not be opened until inspected and approved by the Engineer/Owner. F. The Contractor's Foreman or Superintendent to maintain one complete set of the contract documents and approved submittals on the job site. G. Contractor shall be responsible to correct deficiencies identified by Engineer/Owner and non -conforming work within 24 hours of receipt of notification, either verbally or written, and submit a plan of action for addressing the deficiencies and non -conforming work. Fur- ther tear -off or commencement of other work shall not occur until all deficiencies and non- conforming work are properly addressed. H. At any time during the construction and completion of work covered by these Specifica- tions, if the conduct of any workman of the various crafts be determined unsuitable or a nuisance to the Owner or Engineer, or if the workman be considered incompetent or detri- mental to the work, the Contractor shall order such party removed immediately from the grounds with the person not returning at any time during the course of work on the project. I. Specialists: Certain sections of the Specifications require that specific construction activ- ities shall be performed by entities who are recognized experts in those operations. Spe- cialists shall satisfy qualification requirements indicated and shall be engaged for the ac- tivities indicated. J. Testing Agency Qualifications:. An agency with the experience and capability to conduct testing and inspecting indicated, as documented by ASTM E 548, and that specializes in types of tests and inspections to be performed. K. Fabricator Qualifications: A firm experienced in producing products similar to those indi- cated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. L. Factory -Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 014000-2 Quality Requirements manufacturer's products that are similar in material, design, and extent to those indicated for this Project. 1.06 1QUALITY CONTROL A. The authorized representatives and agents of Owner shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. B. Owner Responsibilities: Where quality -control services are indicated as Owner's respon- sibility, Owner will engage a qualified testing agency to perform these services. 1. Owner will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of the types of testing and inspecting they are engaged to perform. 2. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Con- tractor. C. Contractor's Responsibilities: 1. Repair and protection of work and materials are Contractor's responsibility. 2. Should any work or materials not conform with requirements of the Specifications or become damaged during the progress of the work, such work or materials shall be removed and replaced, together with any work disarranged by such alterations, at any time before completion and acceptance of the project. All such work shall be done at the expense of the Contractor. 3. Contractor will coordinate documents with manufacturer and perform such testing, reporting, and communication incidental to provisions of the warranty procedures. D. Manufacturer's Field Services: During construction and until substantial completion, man- ufacturer's representative shall perform quality assurance site visits every ten working days. to ensure materials are being properly installed and as required to obtain the specified war- ranty. 1. The first site visit shall be performed within the first three (3) days of operations. 2. Coordinate all site visits with Engineer. Submit reports of findings within one week of inspection. Payment applications will be rejected until applicable reports are received. 3. Inspections to be performed by an employee of the selected manufacturer that is assigned full time to their technical services department. Sales personnel will not be acceptable for this function and may result in rejection of the work installed that does not fulfill this requirement. 4. Manufacturer's final inspections shall be performed only with REI personnel in attendance. A minimum of seven days' written notice is required. Any manufac- turer's final inspection conducted without REI personnel in attendance will be re- peated at no additional cost to the Owner. 5. Any violation of this requirement will result in the removal of that manufacturer for a period of not less than one year from the Engineer's accepted materials list. E. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contrac- tor's responsibility, provide quality -control services, including retesting and reinspecting, for construction that revised or replaced Work that failed to comply with requirements established by the Contract Documents. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 40 00-3 Quality Requirements F. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality -control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. Access to the Work. 2. Incidental labor and facilities necessary to facilitate tests and inspections. 3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. 4. Facilities for storage and field -curing of test samples. 5. Preliminary design mix proposed for use for material mixes that require control by testing agency. 6. Security and protection for samples and for testing and inspecting equipment at Project site. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 REPAIR AND PROTECTION A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. Comply with the Contract Document requirements for Section 01 73 29 -Cutting and Patching. B. Protect construction exposed by or for quality -control service activities. C. Repair and protection are Contractor's responsibility, regardless of the assignment of re- sponsibility for quality -control services. END OF SECTION 0140 00 IRC -1801 Iridian River County Courthouse Parking Garage Rehabilitation 01 40 00-4 Quality Requirements SECTION 0142 00 REFERENCES PART GENERAL 1.01 SECTION INCLUDES A. Requirements relating to Referenced Standards. 1.02 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved": When used to convey Engineer's action on Contractor's submittals, applica- tions, and requests, "approved" is limited to Engineer's duties and responsibilities as stat- ed in the Conditions of the Contract. C. "Directed": A command or instruction by Engineer. Other terms including "requested," "authorized," "selected," "approved," "required," and "permitted" have the same meaning as "directed." D. "Indicated": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." E. "Regulations": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. F. "Furnish": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. "Install": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, cur- ing, protecting, cleaning, and similar operations. H. "Provide": Furnish and install, complete and ready for the intended use. I. "Installer": Contractor or another entity engaged by Contractor as an employee, Subcon- tractor, or Sub -subcontractor, to perform a particular construction operation, including in- stallation, erection, application, and similar operations. Using a term such as "carpentry" does not imply that certain construction activi- ties must be performed by accredited or unionized individuals of a -corresponding generic name, such as "carpenter." It also does not imply that requirements spec- ified apply exclusively to trades people of the corresponding generic name. "Experienced": When used with an entity, "experienced" means having successfully completed a minimum of five previous projects similar in size and scope to this Project; being familiar with special requirements indicated; and having complied with require- ments of authorities having jurisdiction. K. "Project Site": Space available for performing construction activities. The extent of Pro - IRC -1801 Indian River. County Courthouse Parking Garage Rehabilitation 01 42 00-1 References ject site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. 1.03 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent re- quirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Docu- ments, unless otherwise indicated. C. Conflicting Requirements: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quali- ty levels, comply with the most stringent requirement. Refer uncertainties and require- ments that are different, but apparently equal, to Engineer for a decision before proceed- ing. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may. comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these require- ments, indicated numeric .values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Engineer for a decision before proceeding. D. Abbreviations and Acronyms for Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. Names, telephone numbers, and Web site addresses are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. 1.04 ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the fol- lowing list. Names, telephone numbers, and Web site addresses are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. AA Aluminum Association, Inc. (The) www.aluminum.org IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 42 00-2 References Accessibility Guidelines for Buildings and Facilities Available from Access Board www.access-board.gov CFR Code of Federal Regulations Available from Government Printing Office www.access.gpo.gov/nara/cfr FED -STD Federal Standard See FS FS Federal Specification Available from.National Institute of Building Sciences www.nibs.or 1.04 ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the fol- lowing list. Names, telephone numbers, and Web site addresses are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Documents. AA Aluminum Association, Inc. (The) www.aluminum.org IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 42 00-2 References ACI American Concrete Institute/ACI International www.aci-int.org ACPA American Concrete Pipe Association www.concrete-pipe.org AGC Associated General Contractors of America (The) www.agc.org AHA American Hardboard Association www.ahardbd.or Al Asphalt Institute www.asphaltinstitute.org AIE American Institute of Engineers www.aieonline.or AISC American Institute of Steel Construction www.aisc.or AISI American Iron and Steel Institute www.steel.or AITC American Institute of Timber Construction www.aitc-glulam.org ALCA Associated Landscape Contractors of America www.alca.or ALSC American Lumber Standard Committee www.alsc.or ANLA American Nursery & Landscape Association www.anla.or ANSI American National Standards Institute www.ansi.or APA APA - The Engineered Wood Association www.apawood.org APA Architectural Precast Association www.archprecast.org ASCE American Society of Civil Engineers www.asce.or ASHRAE American Society of Heating, Refrigerating and Air-Conditioning Engineers www.ashrae.or ASME ASME International (The American Society of Mechanical Engineers International) www.asme.or ASTM ASTM International International www.astm.or AWI Architectural Woodwork Institute www.awinet.or AWPA American Wood-Preservers' Association www.awpa.com AWS American Welding Society www.aws.or BHMA Builders Hardware Manufacturers Association www.buildershardware.com BIA Brick Industry Association (The) www.bia.or CUSS Center for Cold-Formed Steel Structures www.umr.edu/—ccfss IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation . 01 42 00-3 References CDA Copper Development Association Inc. www.copper.org CIMA Cellulose Insulation Manufacturers Association www.cellulose.or CISCA Ceilings & Interior Systems Construction Association www.cisca.or CISPI Cast Iron Soil Pipe Institute www.cispi.org CLFMI Chain Link Fence Manufacturers Institute www.chainlinkinfo.or CPA Composite Panel Association (Formerly: National Particleboard Association) www.pbmdf.com CPPA Corrugated Polyethylene Pipe Association www.cppa-info.org CRSI Concrete Reinforcing Steel Institute www.crsi.or CSI Construction Specifications Institute (The) www.csinet.or DHI Door and Hardware Institute www.dhi.or EIMA EIFS Industry Members Association www.eifsfacts.com EJMA Expansion Joint Manufacturers Association, Inc. www.e'ma.or FMG (FM) FM Global (Formerly: FM - Factory Mutual System) www.fmglobal.com GA Gypsum Association www.gypsum.org GANA Glass Association of North America (Formerly: FGMA - Flat Glass Marketing Association) www.glasswebsite.com/gana HPVA Hardwood Plywood& Veneer Association www.hpva.org IGCC Insulating Glass Certification Council www.igcc.org IRC Indian River County LGSI Light Gage Structural Institute www.loseke.com MBMA Metal Building Manufacturers Association www.mbma.com MCA Metal Construction Association www.metalconstruction.or MFMA Metal Framing Manufacturers Association MIA Marble Institute of America www.marble-institute.com NAAMM National Association of Architectural Metal Manufacturers www.naamm.or NAIMA North American Insulation Manufacturers Association (The) www.naima.or NCMA National Concrete Masonry Association www.ncma.or IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 42 00-4 References NCPI National Clay Pipe Institute www.ncpi.org NECA National Electrical Contractors Association www.necanet.or NEMA National Electrical Manufacturers Association www.nema.or NETA InterNational Electrical Testing Association www.netaworld.or NFPA National Fire. Protection Association www.nfpa.org NFRC National Fenestration Rating Council www.nfrc.or NGA National Glass Association www.jzlass.org NHLA National Hardwood Lumber Association www.natlhardwood.or NLGA National Lumber Grades Authority www.nlga.org NPA National Particleboard Association See CPA NRCA National Roofing Contractors Association www.nrca.net NRMCA National Ready Mixed Concrete Association www.nrmca.or NSA National Stone Association www.aggregates.org NTMA National Terrazzo and Mosaic Association, Inc. www.ntma.com NWWDA National Wood Window and Door Association See WDMA PCI Precast/Prestressed Concrete Institute www.pci.org PDCA Painting and Decorating Contractors of America www.pdca.com PDI Plumbing & Drainage Institute www.pdionline.org RCSC Research Council on Structural Connections www.boltcouncil.or RMA Rubber Manufacturers Association www.rma.or SDI Steel Deck Institute www.sdi.or SDI Steel Door Institute www.steeldoor.or SGCC Safety Glazing Certification Council www.sgcc.org SIGMA Sealed Insulating Glass Manufacturers Association www.sigmaonline.org/sigma SJI Steel Joist Institute www.steel'oist.or IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 42 00-5 References SMACNA Sheet Metal and Air Conditioning Contractors' National Association IAPMO www.smacna.org SPFA Spray Polyurethane Foam Alliance (Formerly: SPI/SPFD - The Society of the Plastics Industry, Inc.; Spray ICBO Polyurethane Foam Division) www.sprayfoatn.org SPI The Society of the Plastics Industry www.plasticsindustry.org SPIB Southern Pine Inspection Bureau (The) SBCCI www.spib.org SPRI SPRI (Single Ply Roofing Institute) www.spri.org SSINA Specialty Steel Industry of North America www.ssina.com SSMA Steel Stud Manufacturers Association (Formerly: ML/SFA - Metal Lath/Steel Framing Association) www.ssma.com SSPC SSPC: The Society for Protective Coatings www.sspc.org SWI Steel Window Institute www.steelwindows.com TCA Tile Council of America, Inc. www.tileusa.com TPI Truss Plate Institute UL Underwriters Laboratories Inc. www.ul.com WDMA Window & Door Manufacturers Association (Formerly: NWWDA - National Wood Window and Door Association) www.wdma.com WMMPA Wood Moulding & Millwork Producers Association www.wmmpa.com WWPA Western Wood Products Association www.wwpa.org B. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web site addresses are subject to change and are be- lieved to be accurate and up-to-date as of the date of the Contract Documents. BOCA BOCA International, Inc. www.bocai.org IAPMO International Association of Plumbing and Mechanical Officials (The) www.iapmo.org ICBO International Conference of Building Officials www.icbo.or ICC International Code Council (Formerly: CABO - Council of American Building Officials) www.inticode.or SBCCI Southern Building Code Congress International, Inc. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 42 00-6 References www.sbcci.or C. Federal Government Agencies: Where abbreviations and acronyms are used in Specifi- cations or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web site addresses are subject to change and are believed to be accurate and up-to-date as of the date of the Contract Doc- uments. CPSC Consumer Product Safety Commission www.c sc. ov EPA Environmental Protection Agency www.epa.gov OSHA Occupational Safety & Health Administration www.osha.gov PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 0142 00 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 42 00-7 References SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART GENERAL 1.01 SECTION INCLUDES A. This Section includes requirements for temporary facilities and controls, including temporary utilities, support facilities, and security and protection facilities. PART PRODUCTS 2.01 MATERIALS A. General: Provide new materials. Undamaged, previously used materials in serviceable condition may be used if approved by Engineer/Owner. Provide materials suitable for use intended. B. Portable Chain -Link Fencing: Minimum 2 -inch 9 -gage, galvanized steel, chain-link fabric fencing; minimum 6 feet high with galvanized steel pipe posts; minimum 2 -3/8 -inch- OD line posts and 2 -7/8 -inch- OD corner and pull posts, with 1 -5/8 -inch- OD top and bottom rails. Provide non -permanent bases for support. C. Tarpaulins: Fire -resistive labeled with flame -spread rating of 15 or less. D. Water: Potable. E. Self -Contained Toilet Units: Single -occupant units of chemical, aerated recirculation, or combustion type; vented; fully enclosed with a glass -fiber -reinforced polyester shell or similar nonabsorbent material. . F. Fire Extinguishers: Hand carried, portable, UL rated. Provide class and extinguishing agent as indicated or a combination of extinguishers of NFPA-recommended classes for exposures. Comply with NFPA 10 and NFPA 241 for classification, extinguishing agent, and size required by location and class .of fire exposure and the requirements of the local Governing agency. G. Lamps and Light Fixtures: Provide GFCI protected general service incandescent lamps of wattage required for adequate illumination. Provide guard cages or tempered glass enclosures where exposed to breakage. Provide exterior fixtures where exposed to moisture. H. Scaffolds: Scaffolds should be built in their entirety and not left unfinished or in an unsafe condition. All scaffolds must be tagged to indicate the latest inspection. Scaffolds should be tied into the structure as close to a 3:1 ratio as possible and repeated tie-ins shall follow OSHA guidelines. All scaffolds shall have safe access with stairs being the first choice over a ladder. Scaffolds should include netting on upper levels if there is any possibility for materials to fall over the toe boards, per OSHA guidelines. PART 3 EXECUTION 3.01 TEMPORARY UTILITIES IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 50 00-1 Temporary Facilities and Controls A. Water Service: Water for construction purposes will be available from the Owner at no charge. Contractor shall operate exterior hose bids only with properly fitted handles which shall be removed at the end of each workday. Any damage to hose bibs or hose bib stems shall be repaired by Contractor. Hose bibs shall not be operated with pliers. B. Electric Distribution: Provide receptacle outlets adequate for connection of power tools and equipment. Provide waterproof connectors to connect separate lengths of electrical power cords if single lengths will not reach areas where construction activities are in progress. Do not exceed safe length -voltage ratio. 3.02 CONSTRUCTION FACILITIES A. Temporary construction facilities shall include the following: 1. Field Office (if appropriate): prefabricated, mobile units or job -built construction with lockable entrances and serviceable finishes including lights and utilities. 2. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking -water fixtures. Comply with regulations and health codes for type, number, location, operation, and maintenance of fixtures and facilities. Facilities will be located at sites approved by Owner. a. Disposable Supplies: Provide toilet tissue, paper towels, paper cups, and similar disposable materials for each facility. Maintain adequate supply. Provide covered waste containers for disposal of used material. b. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. C. Drinking -Water Facilities: Provide bottled -water, drinking -water units. 3. Waste Disposal Facilities: Provide waste -collection containers in sizes adequate to handle waste from construction operations at a location approved by the Owner.. Containerize and clearly label hazardous, dangerous, or unsanitary waste materials separately from other waste. Comply with Division 1 Section "Execution Requirements" for progress cleaning requirements. Use of Owner's waste disposal facilities is not acceptable. a. If required by authorities having jurisdiction, provide separate containers, clearly labeled, for each type of waste material to be deposited. 3.03 VEHICULAR ACCESS AND PARKING A. Parking for Contractor vehicles may be available only in the approved Set-up and Staging area. No other vehicle parking on site will be allowed. 3.04 TEMPORARY BARRIERS AND ENCLOSURES A. Contractor shall provide temporary barriers and enclosures for protection from exposure, foul weather, construction operations and other activities. Contractor is responsible for protecting buildings and grounds from damages during construction. B. Contractor shall provide environmental protection by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. C. Contractor shall provide storm water controls sufficient to prevent flooding from heavy rain. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 50 00-2 Temporary Facilities and Controls D. Contractor shall provide 6' chain link fencing with lockable gates and mesh to completely enclose the materials storage and staging area. 3.05 TEMPORARY CONTROLS A. Contractor shall provide security controls to protect work and materials at the project site. . 3.06 PROJECT SIGNS A. Contractor shall provide temporary signs to provide information to .building occupants directing them away from construction operations. END OF SECTION 0150 00 IRC -1.801 Indian River County Courthouse Parking Garage Rehabilitation 01 50 00-3 Temporary Facilities and Controls SECTION 0173 29 CUTTING AND PATCHING PART GENERAL 1.01 SECTION INCLUDES A. This Section includes procedural requirements for cutting and patching. 1.02 RELATED SECTIONS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Specification Sections, apply to this Section. 1.03 DEFINITIONS A. Cutting: Removal of existing construction necessary to permit installation or perfor- mance of other Work. B. Patching: Fitting and repair work required to restore surfaces to original conditions after installation of other Work. 1.04 QUALITY ASSURANCE A. Engineer's Approval: Obtain approval of cutting and patching before cutting and patch- ing. Approval does not waive right to later require removal and replacement of unsatis- factory work. B. Structural Elements: Do not cut and patch structural elements in a manner that could change their load -carrying capacity or load -deflection ratio. Where cutting and patching involve adding reinforcement to structural elements, submit details and engineering cal- culations sealed by a licensed Engineer in the state of the project showing integration of reinforcement with original structure. C. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that result in increased maintenance or decreased operational life or safety. D. Miscellaneous Elements: Do not cut and patch the following elements or related compo- nents in a manner that could change their load -carrying capacity that results in reducing their capacity to perform as intended, or that result in increased maintenance or decreased operational life or safety. E. Visual Requirements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch construction exposed on the exte- rior or in occupied spaces in a manner that would, in the Engineer's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. F. Cutting and Patching Conference: If extensive cutting and patching is required, before proceeding, meet at Project site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 73 29-1 Cutting and Patching 1.05 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during cutting and patching operations, by methods and with materials so as not to void existing warranties. PART2 PRODUCTS 2.01 MATERIALS 2.02 GENERAL: COMPLY WITH REQUIREMENTS SPECIFIED IN OTHER SECTIONS OF THESE SPECIFICATIONS. A. Existing Materials: Use materials identical to existing materials. For exposed surfaces, use materials that visually match existing adjacent surfaces to the fullest extent possible. 1. If identical materials are unavailable or cannot be used, use materials that, when installed, will match the visual and functional performance of existing materials. .PART 3 EXECUTION 3.01 EXAMINATION A. Examine surfaces to be cut and patched and conditions under which cutting and patching are to be performed. 1. Compatibility: Before patching, verify compatibility with and suitability of sub- strates, including compatibility with existing finishes or primers. 2. Proceed with installation only after unsafe or unsatisfactory conditions have been corrected. 3.02 PREPARATION A. Temporary Support: Provide temporary support of Work to be cut. B. Protection: Protect existing construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations. C. Adjoining Areas: Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas. D. Existing Services: Where existing services are required to be removed, relocated, or abandoned, bypass such services before cutting to minimize interruption of services to occupied areas. 3.03 PERFORMANCE A. General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1. Cut existing construction to provide for installation of other components or per- formance of other construction, and subsequently patch as required to restore sur- faces to their original condition. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 73 29-2 Cutting and Patching B. Cutting: Cut existing construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. 1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. 2. Existing Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. 3. Concrete or Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond -core drill. 4. Proceed with patching after construction operations requiring cutting are com- plete. C. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar op- erations following performance of other Work. Patch with durable seams that are as in- visible as possible. Provide materials and comply with installation requirements speci- fied in other Sections of these Specifications. 1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate integrity of installation. 2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing. 3. Floors and Walls: Where walls or partitions that are removed extend from one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove existing floor and wall coverings and replace with new materials, if nec- essary, to achieve uniform color and appearance. a. Where patching occurs in a painted surface, apply primer and intermedi- ate paint coats over the patch and apply final paint coat over entire un- broken surface containing the patch. Provide additional coats until patch blends with adjacent surfaces. 4. Exterior Building Enclosure: Patch components in a manner that restores enclo- sure to a weather tight condition. 5. Ceilings: Patch, repair, or re -hang existing ceilings as necessary to provide an even -plane surface of uniform appearance. D. Cleaning: Clean areas and spaces where cutting and patching are performed. Completely remove paint, mortar, oils, putty and similar materials. END OF SECTION 0173 29 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 7329-3 Cutting and Patching SECTION 0174 00 CLEANING AND WASTE MANAGEMENT PART GENERAL 1.01 SECTION INCLUDES A. The Owner has established that this Project shall include proactive measures for waste management participation by all parties to the contract. 1. The purpose of this program is to ensure that during the course of the Project all diligent means are employed to pursue practical and economically feasible waste management and recycling options. 2. Waste disposal to landfills shall be minimized. 1.02 DEFINITIONS A. Waste: Any material that has reached the end of its intended use. Waste includes salvageable, returnable, recyclable and reusable material. B. Construction waste: Solid wastes including, but not limited to, building materials, packaging materials, debris and trash resulting from construction operations. C. Salvage: To remove a waste material from the Project site to another site for resale or reuse by others. D. Hazardous waste: Any material or byproduct of construction that is regulated by the Environmental Protection Agency and that may not be disposed in any landfill or other waste end -source without adherence to applicable laws. E. Trash: Any product or material unable to be returned, reused, recycled or salvaged. F. Landfill: Any public or private business involved in the practice of trash disposal. G. Waste Management Plan: A Project -related plan for the collection, transportation, and disposal of the waste generated at the construction site. . PART PRODUCTS 2.01 MATERIALS A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. PART 3 EXECUTION 3.01 PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Coordinate progress cleaning for joint -use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials in a legal manner. 1. Comply with requirements in NFPA 241 for removal of combustible waste IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 74 00-1 Cleaning and Waste Management materials and debris. 2. Do not hold materials more than 7 days during normal weather or 3 days if the temperature is expected to rise above 80 deg F. 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. Remove liquid spills promptly. Where dust would impair proper execution of the Work, broom -clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space. F. Exposed Surfaces: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Final Acceptance. G. Cutting and Patching: Clean areas and spaces where cutting and patching are performed. . Completely remove paint, mortar, oils, putty, and similar materials. Thoroughly clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged pipe covering to its original condition. H. Waste Disposal: Burying or burning waste materials on-site will not be permitted. Washing waste materials down sewers or into waterways will not be permitted. I. During handling and installation, clean and protect constructionin progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Final Acceptance. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. K. Limiting Exposures: Supervise construction operations to assure that no part of the construction completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. 3.02 FINAL CLEANING A. General: Provide final comply with local law antipollution regulations. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation cleaning. Conduct cleaning and waste -removal operations to s and ordinances and Federal and local environmental and 01 74 00-2 Cleaning and Waste Management B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. Complete the following cleaning operations before requesting inspection for certification of Final Acceptance. a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. C. Remove tools, construction equipment, machinery, and surplus material from Project site. d. Clean exposed exterior and interior hard -surfaced finishes to a dirt -free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. e. Remove debris and surface.dust from roofs and walls. f. Clean transparent materials and glass in windows. Remove glazing compounds and other noticeable, vision -obscuring materials. Replace chipped or broken glass and other damaged transparent materials. g. Remove labels that are not permanent. h. Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. i. Wipe surfaces of mechanical and electrical equipment and similar equipment. Remove excess foreign substances. j. Replace parts subject to unusual operating conditions. k. Leave Project clean and ready for occupancy. C. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. END OF SECTION 0174 00 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 74 00-3 Cleaning and Waste Management SECTION 0177 00 CLOSEOUT PROCEDURES PART GENERAL 1.01 SECTION INCLUDES A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Warranties. 1.02 WARRANTIES A. Contractor's Five (5) Year Warranty on their company letterhead using sample contained in the Project Manual. 1. Contractor will be required to attend two post construction field inspections: the first no earlier than twenty -three (23) months and no later than twenty-four (24) months after the date of Final Completion and the second no earlier than fifty- nine (59) months and no later than sixty (60) months. Contractor shall complete any corrective action requested by Owner, Engineer, or Manufacturer at no addi- tional cost to the Owner. B. Garage Waterproofing System Warranty C. Elastomeric Joint Sealant Material Manufacturer's 20 -year Warranty D. Elastomeric Silicone Coating Material Manufacturer's 10 -year Warranty PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 0177 00 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 01 7700-1 Closeout Procedures SECTION 03 0100 REHABILITATION OF CONCRETE PART GENERAL 1.01 SECTION INCLUDES A. This specification governs the rehabilitation of structural concrete. 1.02 RELATED SECTIONS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Specification Sections, apply to this Section. 1.03 SUBMITTALS A. General: Submit the following in accordance with the Conditions 'of the Contract and Division 1 Specification sections. 1. Product Data 2. Manufacturer's Instructions 3. Equipment for Concrete Preparation 4. Miscellaneous Materials and Equipment 1.04 QUALITY ASSURANCE A. General Requirements 1. To protect personnel from overexposure to toxic materials, conform to the applicable manufacturer's Safety Data sheets or local regulations. Submit manufacturer's Safety Data Sheets for all polymers as well as other potentially hazardous materials. 2. Submit the repair procedures for executing the work as well as the test data and documentation on materials used for repair. Submittal must include component materials, mixture proportions, and supplier's quality control program. B. Contractor Qualifications 1. The contractor performing the repair work must have been involved in a minimum of three concrete repair projects similar in size and scope to this project for at least five years. Submit information, including name, dollar value, date, and point -of - contact for similar projects which demonstrates the required experience and/or training. C. Acceptance of Rehabilitation Work 1. Completed concrete rehabilitation work must conform to applicable requirements of Contract Document and this specification. The Contractor is responsible to bring Work into compliance with requirements of Contract Documents if the Concrete repair work fails to meet one or more requirements of Contract Documents. 2. Correct rejected repair work by removing and replacing or by strengthening with IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 03 01 00-1 Rehabilitation of Concrete additional construction acceptable to the Engineer. Use repair methods that meet .applicable requirements for function, durability, dimensional tolerances, and appearance. 1.05 PROTECTION OF COMPLETED REHABILITATION WORK A. Do not allow construction loads to exceed the loads that a structural member or structure is safely capable of supporting without damage. Provide supplemental support if construction loads are expected to exceed safe load capacity. B. Protect repaired and adjacent areas from damage by construction traffic, equipment, and materials. During the curing period, protect repair materials from damage by mechanical disturbances, including load -induced stresses, shock, and vibration. C. Protect repair materials from environmental damage by weather events during the length of the curing period. 1.06 DELIVERY, STORAGE, AND HANDLING A. All materials must be delivered in original, unopened containers with the manufacturer's name, labels, product identification, and batch numbers. Damaged material must be removed from the site immediately. B. Store all materials off the ground and protect from rain, freezing or excessive heat until ready for use. C. Condition the specified product as recommended by the manufacturer. 1.07 JOB CONDITIONS A. Environmental Conditions: Do not apply material if it is raining or snowing or if such conditions appear to be imminent. Minimum application temperature 45F (5C) and rising. B. Protection: Precautions should be taken to avoid damage to any surface near the work zone due to mixing and handling of the specified material. 1.08 WARRANTY A. Provide a written warranty from the manufacturer against defects of materials for a period of one (1) year, beginning with date of substantial completion of the project. PART2 PRODUCTS 2.01 1 EQUIPMENT FOR CONCRETE PREPARATION A. Means and methods used for concrete removal and surface preparation must be selected and used such as to minimize damage to the structure and to the concrete substrate that remains. 2.02 EQUIPMENT FOR CONCRETE REMOVAL A. Removal equipment and techniques must be suitable to produce concrete surface profiles and level of cleanliness in designated areas as required by this specification and the contract IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 0301 00-2 Rehabilitation of Concrete Documents. 2.03 SURFACE PREPARATION AND CLEANING EQUIPMENT A. Low Pressure Water Cleaning Use equipment capable of delivering 1000 psi to 5000 psi at 2 gal/min to 10 gal/min for cleaning loose material from repair areas. 2.04 OTHER CLEANING EQUIPMENT A. Use equipment that delivers oil free air capable of cleaning loose material and debris from repair areas. If necessary, to dry the concrete surface, clean, dry, compressed air may be used. Also, use vacuums capable of removing loose material and debris. 2.05 MATERIALS FOR FORMWORK AND EMBEDDED ITEMS A. Install and remove formwork without damaging or staining the existing structure or repair material. B. Forms used for polymer concrete/mortars must be tight enough to hold the material that is used without leaking. All surfaces where bond is not desired, but which are exposed to the monomer or resin, must be treated with a form release agent. 2.06 MATERIALS FOR CONCRETE REPAIR A. Polymer -modified Portland cement mortar: 1. Component A shall be a liquid polymer emulsion of an acrylic copolymer base and additives. a. pH: 4.5-6.5 b. Film Forming Temperature: 73 OF max. C. Tear Strength: 950 psi min. d. Elongation at Break: 500% min. e. Particle Size: less than 0.1 micron 2. Component A shall contain an organic, penetrating corrosion inhibitor which has been independently proven to reduce corrosion in concrete via ASTM G3 (half - cell potential tests). The corrosion inhibitor shall not be calcium nitrite and shall have a minimum of 5 years of independent field testing to document performance on actual construction projects. 3. Component B shall be a blend of selected portland cements, specially graded aggregates, admixtures for controlling setting time, water reducers for workability, and an organic accelerator. 4. The materials shall be non-combustible, both before and after cure. 5. The materials shall be supplied in a factory -proportioned unit. 6. The polymer -modified, portland cement mortar must be placeable from 1/8" to 1 %2" in depth per lift for vertical applications and 1/8" to 1" in depth for overhead applications. B. Acceptable Manufacturers include: IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 03 01 00-3 Rehabilitation of Concrete 1. SikaTop-123 Plus 2. Engineer's approved equivalent 2.07 MISCELLANEOUS MATERIALS AND EQUIPMENT A. Packaged, rapid hardening concrete repair materials must conform to ASTM C928/C928M. B. Packaged, mortar and concrete must conform ASTM C387/C387M. C. Rapid hardening cement must conform to ASTM C 1600/C 1600M. D. Water used with packaged and proprietary materials must meet ASTM C1602/C1602M requirements. Aggregates must meet the repair material manufacturer's requirements if available and ASTM C33/C33M if such requirements are not specified. 2.08 MISCELLANEOUS EQUIPMENT A. Equipment designed specifically for the application of repair materials must be used as required by the repair material manufacturer and the referenced specification. B. Equipment not listed in this specification but referenced or used for repairs must be clean and in good operating condition. C. All supplies and equipment must be available in sufficient quantities to allow continuity in the installation project and quality assurance. 2.09 MIXTURE PROPORTIONING A. Polymer concrete/mortar/resin/monomer proportioning, handling, and mixing procedures as well as equipment used for mixing these materials must conform to the requirements of the referenced material specifications and the repair material manufacturer's directions. B. Polymer -modified portland cement concrete proportioning, handling, and mixing procedures as well as equipment used for mixing these materials must conform to the. requirements provided by the repair material manufacturer as well as ACI 548.4 when such materials are used for overlays. C. Proportioning and mixing materials not specified above must follow the requirements provided by the repair material manufacturer. PART 3 EXECUTION 3.01 GENERAL REQUIREMENTS A. Protection 1. Protect pedestrians, motorized traffic, mechanical, electrical, and plumbing equipment, surrounding construction, project site, landscaping, and surrounding buildings from damage or injury resulting from concrete rehabilitation work. 2. Construct dust and debris barriers surrounding repair work perimeter to control dust and to protect and control construction traffic. 3. Dispose of runoff from wet demolition or surface preparation operations in accordance with all local ordinances. Disposal methods must avoid soil erosion, IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 0301 00-4 Rehabilitation of Concrete avoid undermining pavements and foundations, damage to landscaping and vegetation, and minimize water penetration through other parts of buildings. 4. Collect and neutralize alkaline wastes and acid wastes and dispose in accordance with local, state, and federal regulations. 5. Comply with local noise ordinances during demolition operations. 6. Perform demolition work and surface preparation work in a manner that minimizes disturbances of operations. 3.02 FORMWORK A. Construct forms to sizes, shapes, lines, and dimensions to match existing adjacent surfaces and textures. Provide forms that match openings, offsets, chamfers, anchorages, inserts and other features as described on Contract Documents. Construct forms to accommodate installation of products by other trades. Provide forms for easy removal to minimize damage to concrete surfaces and adjacent surfaces. Apply form release coating over formwork surfaces prior to each concrete placement. Form release agents must not be applied to or come in contact with the repair area concrete substrate or reinforcement. B. Do not damage repair material during removal of formwork for columns, walls, sides of beams, and other parts not supporting weight of concrete or repair material. Perform needed repair and treatment required on vertical surfaces at once and follow immediately with specified curing. Remove all formwork anchors embedded in existing concrete. Fill anchor holes and repair all damage to existing concrete at anchor holes. 3.03 CONCRETE PREPARATION A. Areas to be repaired must be clean, sound, and free of contaminants. All loose and deteriorated concrete shall be removed by mechanical means. Mechanically prepare concrete substrate to obtain a surface profile of f 1/16" (CSP 5 or greater as per ICRI Guidelines) with a new exposed aggregate surface. Area to be patched shall not be less than 1/8" in depth. B. Remove foreign material, such as dirt, oil, grease, or other chemicals, from the cracks before injection using compressed air, low-pressure water, or vacuuming. Allow wet surfaces to dry at least 24 hours. 3.04 MIXING AND APPLICATION A. Mechanically mix in an appropriately sized mortar mixer. Pour approximately 4/5 -gal Component A into the mixing container. Add Component B while continuing to mix. Mix to a uniform consistency for a maximum of three minutes. Add remaining Component A to mix for desired consistency. Should smaller quantities be needed; be sure the components are measured in the correct ratio and that the Component B is uniformly blended before mixing the components together. Mix only that amount of material that can be placed in 10 - 15 minutes. Do not retemper material. B. Placement Procedure: At the time of application, the substrate shall be saturated surface dry with no standing water. Mortar must be scrubbed into substrate filling all pores and voids. While the scrub coat is still plastic, force material against edge of repair, working toward center. After filling, consolidate then screed. Allow mortar to set to desired stiffness then finish with trowel for smooth surface. Wood float or sponge float for a rough surface. Areas where the depth of the repair area to sound concrete is greater than 1- 1/2", the repair shall be made in lifts of 1'/2" maximum thickness. The top surface of each lift shall be IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 0301 00-5 Rehabilitation of Concrete 3.05 scored to produce a rough surface for the next lift. The preceding lift shall be allowed to reach final set before applying fresh material. The fresh mortar must be scrubbed into the preceding lift. C. As per ACI recommendations for portland cement concrete, curing is required. Moist cure with wet burlap and polyethylene, a fine mist of water or a water-based* compatible curing compound. Moist curing should commence immediately after finishing and continue for 48 hours. Protect newly applied material from rain, sun, and wind until compressive strength is 70% of the 28 -day compressive strength. To prevent from freezing cover with insulating material. Setting time is dependent on temperature and humidity. D. Adhere to all procedures, limitations and cautions for the polymer -modified portland cement mortar in the manufacturers current printed technical data sheet and literature. CLEAN UP A. Dispose wastewater used for cutting and cleaning without staining or damaging the existing surfaces of the structure or the environment of the project area. B. The uncured polymer -modified portland cement mortar can be cleaned from tools with water. The cured polymer modified portland cement mortar can only be removed mechanically. C. Leave finished work and work area in a neat, clean condition without evidence of spillovers onto adjacent areas END OF SECTION 03 0100 IRC -1801 Indian River County .Courthouse Parking Garage Rehabilitation 03 01 00-6 Rehabilitation of Concrete SECTION 07 90 20 GARAGE WATERPROOFING SYSTEMS PART GENERAL 1.01 SECTION INCLUDES A, This section includes elastomeric traffic deck coating system. 1.02 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Specification Sections, apply to this Section. 1.03 REFERENCES A. Refer to the following references, current edition for specification compliance: 1. Florida State Building Code 1.04 SUBMITTALS A. General: Submit the following in accordance with the Conditions of the Contract and Division 1 Specification sections. B. Product Data: For each product indicated. C. A detailed statement describing the deck waterproofing system to be installed, as well as the installation methods to be employed, shall be submitted for approval prior to installation. Literature, details, samples, shop drawings, warranties, etc., shall be included in the submittal as requested. D. A manufacturer's written acceptance and approval of the intended system applicator shall be required. E. Qualification Data: For Installer and testing agency. F. Product Test Reports: Based on comprehensive testing of product formulations performed by a qualified testing agency, indicating that products comply with requirements. G. Warranties: Special warranties specified in this Section 1.05 QUALITY ASSURANCE A, Installer Qualifications: Manufacturer's authorized Installer who is approved or licensed for installation of waterproofing systems required for this Project. B. Source Limitations: Obtain each type of product through one source from a single manufacturer. C. A site inspection shall be made by applicator prior to commencing installation of the. system for purposes of reviewing related conditions affecting performance IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-1 Garage Waterproofing Systems requirements of this specification. D. All products described in this section must be used with adequate ventilation and personal protection. Refer to the Material Safety Data Sheet which accompanies each product shipment for detailed health and safety information prior to use. E. Mockups: Build mockups incorporating products, as follows, to verify selections made under sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution: 1. Deck coating systems - Provide two 4'x4' mockups for each deck coating system and each substrate. F. Preconstruction Field -Adhesion Testing: Before installing elastomeric sealants, deck coating, and expansion joint nosing material, field test their adhesion to substrates as follows: 1. Locate field test mockup where indicated or, if not indicated, as directed by Engineer. 2. Conduct field tests for each application indicated below: a. Each type of deck coating indicated and the applicable substrates. 3. Notify Engineer seven days in advance of dates and times when tests will be performed. 4. Arrange for tests to take place with product manufacturer's technical representative present. 5. Refer to Field Quality Control under Part 3 for additional requirements. G. Preinstallation Conference: Conduct conference at Project site. 1.06 PERFORMANCE REQUIREMENTS A. Provide products that establish and maintain watertight and airtight continuous waterproofing system without staining or deteriorating joint substrates. 1.07 FIELD CONDITIONS A. Environmental Limitations: Apply waterproofing systems within the range of ambient and substrate temperatures recommended in writing by manufacturer. Do not apply waterproofing systems to damp or wet substrates, when temperatures are below 40 deg F, when relative humidity exceeds 85 percent, or when temperatures are less than 5 deg F above dew point. B. Do not proceed with installation of waterproofing systems under the following conditions: 1. Do not apply waterproofing systems in snow, rain, fog, or mist, or when such weather conditions are imminent during the application and curing period. Apply only when frost- free conditions occur throughout the depth of substrate. 2. Contaminants capable of interfering with adhesion have not yet been removed from substrates. 3. Where conditions exist that do not meet the manufacturer's requirements for applications indicated. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-2 Garage Waterproofing Systems 4. Where conditions exist that can cause off gassing of the waterproofing systems. C. Do not install waterproofing systems until items that penetrate the waterproofing have been installed. .81 "1, 67I A. The system manufacturer and the approved applicator shall furnish a written performance joint warranty that, subject to certain specific exclusions as described in such joint warranty, the system provided will be free of defects related to workmanship or material deficiency. The following conditions shall be specifically covered under the joint warranty: 1. Cohesive or adhesive failure of materials. 2. Weathering deficiencies resulting in failure of the system to provide its intended function. 3. Abrasion or tear failure of the system resulting from normal traffic use. (Abrasive maintenance equipment, truck and construction traffic are not normal traffic use and related problems are exempted from the warranty.) B. The system manufacturer and the approved applicator shall submit to the Owner for approval a detailed joint warranty statement consistent with the terms of this specification prior to construction. The approved joint warranty shall represent the sole warranty statement and warrant obligation for the project relating to this trade. Where an apparent conflict is found to exist with respect to the warranty language of this section and the detailed warranty statement, the more stringent warranty requirement shall supersede and control. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, products listed in other Part 2 articles 2.02 MATERIALS A. Compatibility: Provide waterproofing systems including backings, and other related materials that are compatible with one another and with substrates under conditions of service and application, as demonstrated by the system manufacturer, based on testing and field experience. B. Elastomeric Traffic Deck Coating: 1. Traffic deck coating systems specified herein shall be complete systems of compatible materials. Components of systems shall include a base membrane, a traffic topping and all sealants, primers, flashing, aggregates and miscellaneous materials as required by the manufacturer to complete the system. 2.. Traffic deck coating systems shall meet the following slip resistance requirements: a. b. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation Coefficient of friction not less than 0.85 when tested under wet conditions. Variation in slip resistance test results not greater than 0.10. 07 90 20-3 Garage Waterproofing Systems C. Refer to Field Quality Control under Part 3 for additional requirements. 3. The following deck coating systems are approved for usage under this section: a. Urethane Systems: i. The following materials are approved for usage under this section, subjectto compliance with requirements: (a) "Sikalastic 710/715" or "Sikalastic 720/745", Sika Corporation. (b) "Iso -Flex 750U", LymTal International Inc. (c) "MasterSeal Traffic 2500", BASF Building Systems. (d) "Pecora-Deck 800", Pecora Corporation. (e) "Qualideck Vehicular Traffic Bearing Membrane System", Advanced Polymer Technology Corporation. (f) "Auto -Gard FC", Neogard ii. Application rates for medium and heavy-duty systems: rates are for bidding purposes and are to be confirmed in the field using a 100 sf mockup. (a) Primer: 0.33 gal. minimum per 100 sf (300 sq. ft. maximum per gal.) (b) Polyurethane base coat: 1.33 gal. minimum per 100 sf (75 sq. ft. maximum per gal.) (c) Polyurethane wear coat: 0.5 gal. minimum per 100 sf (200 sq. ft. maximum per gal.) (d) Broadcast aggregate into wear coat: 15 lbs. minimum per 100 sq. ft. to excess (e) 2"d Polyurethane wear coat (for heavy duty systems): 0.75 gal. minimum per 100 sf (133 sq. ft. maximum per gal.) (f) 2nd Broadcast aggregate into wear coat (for heavy duty systems): 15 lbs. minimum per 100 sq. ft. to excess (g) Polyurethane seal coat: 0.75 gal. minimum per 100 sf (133 sq. ft. maximum per gal.). iii. Use medium -duty system for stalls and heavy-duty system for the drive and turning lanes. Average coating thickness exclusive of aggregate: (a) Medium duty system: 46 dry mils IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-4 Garage Waterproofing Systems (b) Heavy duty system: 58 dry mils iv. Use 100% aliphatic top coat on top tier. V. Apply Urethane System to the following areas: (a) At areas over occupied spaces, conditioned spaces, rooms with equipment and as shown on the Drawings. PART 3 EXECUTION 3.01 GENERAL A. All work shall be installed in strict accordance with system manufacturer's recommendations employing trained installers utilizing proper tools and equipment and working under the direct supervision of a technically competent and experienced supervisor. An authorized technical representative shall attend a pre installation conference, be present for the first day of installation and provide a minimum of three field inspection reports to the Engineer during the duration of the installation. B. All surfaces related to work under this section shall be inspected by the applicator prior to commencing work. Any conditions discovered which render the substrate unsuitable shall be reported and satisfactorily corrected prior to installation of the specified system. C. Coordinate and verify that related work items meet the following requirements: 1. All .surfaces shall be clean, dry and of sound substrate at time of application. Surfaces shall be provided free of voids, ridges and sharp projections. 2. Concrete surface finishes shall be subject to approval of the applicator. 3. Concrete surfaces shall have cured for an acceptable period as recommended by the system manufacturer for the various components of the applicable system. D. Environmental Conditions: 1.. System application shall be at temperatures as recommended by the system manufacturer. 2. The deck surface shall be dry at time of application according to ASTM D4263, Standard Test Method for Indicating Moisture in Concrete. 3. Provide adequate ventilation in accordance with system manufacturer's recommendations during installation of the deck waterproofing system. E. Protect all work areas from traffic until fully cured. 3.02 EXAMINATION A. Examine joints indicated to receive waterproofing system, with Installer present, for compliance with requirements for joint configuration, installation tolerances, and other conditions affecting product performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.03 ELASTOMERIC TRAFFIC DECK COATING SYSTEM IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-5 Garage Waterproofing Systems A, All traffic deck coatings. are to be applied to acceptable clean, dry, sound substrates. Clean surfaces to be treated in accordance with the system manufacturer's recommendations. Acceptable methods include sweeping, blowing, vacuuming, pressure washing, water blasting, acid etching, sand blasting, or shot blasting as required to remove all laitance and surface contaminants to insure proper adhesion of the deck coating. B. Select and install a test area prior to general application to establish procedures, verify adhesion and acceptable appearance. C, Surface preparation shall produce a surface profile matching CSP 4, 5 or 6 per ICRI 03732, as required to meet the requirements of the selected deck coating. Sweep and vacuum roughened surface to remove debris followed by low-pressure water cleaning. Coordinate surface preparation with the surface preparation for the corrosion -inhibiting treatment, as applicable. 'D. Notify Engineer 7 days prior to completion of the surface preparation. Meet with the Engineer and manufacturer's representative to review surface preparation, joint preparation, adhesion test results, and crack preparation, as applicable. All joint and crack preparation shall be included in the cost of the traffic deck coating system. Seal all underlying control and construction joints. E. Other detailing work including sealing around drains, penetrations, curb, column and wall bases, etc., shall be accomplished in accordance with system manufacturer's recommendations prior to general application. F. Provide a grid system marked on the deck surface to designate the area for which a container of material must be used evenly applied to obtain the desired average dry mil film thickness. A wet mil gauge shall also be used to randomly verify that mil thickness at application is consistent with system manufacturer's recommendations. Ca_ Broadcast clean, dry silica aggregate into top coats to provide a skid resistant surface as recommended by system manufacturer. H. Application shall be by squeegee, roller and power sprayer. I. Install the Elastomeric Traffic Deck Coatings in accordance with a "wear -rated" heavy and medium duty system per Section 2.2.D. 3.04 FIELD QUALITY CONTROL A, Deck Coating Field -Adhesion Testing: Field test deck coating adhesion to substrates as follows: 1. Extent of Testing: Test mockups and completed deck coatings as follows: a. Perform 1 test. 2. Test Method: ASTM D 7234. 3. Inspect deck coating for bubbles, voids, aggregate distribution, and for application complying with specified requirements. Record results in a field -adhesion -test log. 4. Inspect deck coating preparation, installation, and testing. Record results in a log and report on the following: IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-6 Garage Waterproofing Systems a. Dates when surface preparation was performed. b. Type of surface preparation. C. If surface contaminants such as engine oil were present on the slab prior to surface preparation and cleaning. d. If surface contaminants remain on the slab after surface preparation and cleaning. e. Relative humidity of the slabs prior to application of deck coatings. f. Time, date, temperature, precipitation, relative humidity, and sun exposure when deck coatings were installed. Note if conditions changed during the installation. g. Type of materials used for deck coating installation and wait times between each application. h. Deck coating dry mil thickness and if the thickness .complies with specified requirements. i. Test dates, test locations, and adhesion results (whether deck coating failed to adhere to substrates or tore cohesively). j. Names of persons who performed surface preparation, who performed relative humidity testing, who installed deck coatings, and who performed adhesiontests. Repair deck coatings pulled from test area by applying new deck coating following same procedures used originally. Ensure that original surfaces are clean and that new deck coating overlaps original deck coating. B. Deck Coating Slip Resistance Testing: Field test deck coating slip resistance as follows: Extent of Testing: Test mockups and completed deck coatings as follows: a. Perform l test. 2. Test Method: ASTM F 1679 under wet conditions. 3. Inspect deck coating for variations in aggregate distribution. Locate tests at areas with high density of aggregate and with low density of aggregate. Record results in a log and report on the following: a. Test dates, test locations, and slip resistance results. b. Names of person who performed tests. C. Approximate area (square feet) of deck coating that exhibits a low density of aggregate, an average density of aggregate, and a high density of aggregate. 4. Repair deck coatings pulled from test area by applying new deck coating following same procedures used originally. Ensure that original surfaces are clean and that new deck coating overlaps original deck coating. C. Evaluation of Field Test Results: Products not evidencing adhesive failure from testing or noncompliance with other indicated requirements will be considered satisfactory. Remove products that fail to adhere to substrates during testing or to comply with other requirements. Reapply mockups and retest until test results prove products comply with indicated requirements. Do not use products that fail to adhere to substrates during testing. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-7 Garage Waterproofing Systems 3.05 PROTECTION A. Protect waterproofing systems during and after curing period from contact with contaminating substances and from damage resulting from construction operations or other causes so systems are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated products immediately so installations with repaired . areas are indistinguishable from original work. 3.06 CLEAN-UP A. The Contractor shall ensure the site and building are cleaned. to meet pre -construction conditions, as accepted by the Owner. B; Damages to the building, grounds, equipment and site shall be repaired or replaced by the Contractor to meet pre -construction conditions, as accepted by the Owner. END OF SECTION 07 90 20 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 90 20-8 Garage Waterproofing Systems SECTION 07 92 00 ELASTOMERIC JOINT SEALANTS PART GENERAL 1.01 SECTION INCLUDES A. The Contractor shall re -seal all construction joints using the specified sealant where indicated in the Contract Drawings including removal of old materials, preparation of joints, priming of substrate as determined from sample adhesion tests, installation of backer -rod or tape to prevent 3 -sided adhesion, and providing specified sealant properly tooled to ensure adhesion. 1.02 RELATED SECTIONS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Specification Sections, apply to this Section. 1.03 REFERENCES A. Refer to the following references for specification compliance: 1. Federal Specification TTS -00230C Elastomeric type, cold -applied single - component for caulking, sealing and glazing in building areas, and other structures. 2. ASTM International a. ASTM C 719 b. ASTM C 794 C. ASTM C 920 d. ASTM C 1193 e. ASTM C 1248 f. ASTM D 412 g. ASTM D 624 3. Underwriters Laboratories, Inc. — UL 1.04 SUBMITTALS A. Refer to Section 0133 00 -Submittal Procedures. B. Manufacturer's Product Data Sheets for all materials specified certifying material complies with all specified requirements. C. Latest edition of the Manufacturer's current material specifications and installation instructions. D. Samples for Verification: Contractor shall provide Manufacturer's standard color selection for Owner's approval. Physical sample of pre -selected color(s) shall be required for submittal for final approval of color by Owner before installation. E. Compatibility and Adhesion Test Reports: Contractor shall submit Manufacturer's letters indicating actual substrate samples have been tested for adhesion and compatibility. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 92 00-1 Elastomeric Joint Sealants Surface . preparation methods shall be included along with primer requirements for the substrates tested. F. Non -Stain Testing: Contractor shall provide certification for silicone joint sealants indicating completion of stain testing in compliance with ASTM C-1248 for non -fluid - staining results on porous surfaces such as Concrete, Granite and Marble where applicable. 1.05 1 QUALITY ASSURANCE A. Installer Qualifications: I. Contractor shall have a minimum of 5 years successful experience in building envelope restoration with the application of elastomeric joint sealants on projects of similar type and nature. 2. Contractor must be approved by Sealant Manufacturer. B. Manufacturer's Field Services: During construction and until substantial completion, manufacturer's representative shall perform monthly quality assurance site visits to ensure materials are being properly installed and as required to obtain the specified warranty. 1. The manufacturer shall be present during the field mock-up phase and testing. 2. Coordinate all site visits with Engineer. Submit reports of findings within one week of inspection. Payment applications will be rejected until applicable reports are received. 3. Inspections to be performed by an employee of the selected manufacturer that is assigned full time to their technical services department. Sales personnel will not be acceptable for this function and may result in rejection of the roof area installed that does not fulfill this requirement. 4. Manufacturer's final inspections shall be performed only with REI personnel in attendance. A minimum of seven days' written notice is required. Any manufacturer's final inspection conducted without REI personnel in attendance will be repeated at no additional cost to the Owner. C. Source Limitations: Contractor shall obtain each type of joint sealant, related structural glazing sealant or related elastomeric coatings and joint sealant primers through one source from a single Manufacturer. D. Field Mock-up: 1. Before caulking work begins, the successful contractor shall prepare for caulking three (3) joints, each approximately forty-eight (48") inches long, in each type material to be caulked. The joints shall be treated as hereinafter specified as to preparation. After the joint preparation has been observed by the Engineer, Sealant Manufacturer, and the Contractor, the joints shall be caulked and allowed to reach final cure. 2. After final cure, the Sealant Manufacturer shall obtain samples and test for appropriateness of preparation, installation and for adhesion of sealant to substrate. 3. After the manufacturer's representative has observed the on-site job preparation and sealant application for the test areas, and after the material has been tested for appropriateness of use and field condition compliance with the specifications, the sealant manufacturer shall present to the Engineer a certification that the sealant material is in compliance with the specifications and that field conditions tests confirm that the sealant material is appropriate and suitable for the intended use. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 92 00-2 Elastomeric Joint Sealants 4. Work on the project may not begin until approved field tests have been accepted by the Engineer. E. During the progress of the work, after material has received final cure, hand pull test in accordance with procedures as published by SWRI, shall be performed by the Contractor in the presence of the Engineer. Tests shall be performed at random times in random areas selected by the Engineer. Contractor shall repair all test areas at no additional charge to the owner. 1.06 DELIVERY, STORAGE, AND HANDLING A. Delivery: Material shall be delivered. in the manufacturer's. original sealed and labeled containers and cartons. B. Storage. Materials shall be stored out of direct exposure to the elements, located above standing water at least 4 inches above ground level. Non -sweating tarpaulins will be placed to prevent moisture contamination. C. Sealants are heat and moisture sensitive and shall be protected from excessive heat exposure and moisture exposure. D. Sealants shall not be exposed to prolonged freezing temperatures. E. Shelf Life: Products over 9 months old shall not be used unless Manufacturer's published literature allow. Contractor shall document product self -life information, and check expiration date before use. F. Handling: Material shall be handled in such a manner to prevent exposure to moisture. During cold temperatures (less than 40°F) store containers at room temperature for 24 hours. 1.07 PROJECT CONDITIONS A. Sealant shall not be applied during precipitation or started in the event there is a probability of precipitation during the application. Conditions shall be forecast to be dry for no less than 24 hours after application B. Contractor shall ensure all of the sealant Manufacturer's published requirements are followed, including the following general limitations for polyurethane sealants: 1. Do not apply polyurethane sealants to un -cured silicone sealants, or install adjacent to un -cured silicone. 2. Do not allow un -cured polyurethane sealant to come in contact with alcohol -based sealants, butyl sealants, acrylic sealants or any other incompatible materials. 3. Do not allow un -cured polyurethane sealant to come in contact with oil-based caulking/sealants, oil, asphalt, polysulfides, or fillers impregnated with oil, asphalt or tar. 4. Do not install sealant on damp substrates. 5. Do not install where sealant will be continually immersed in water. 6. Do not apply sealant to new "green" treated lumber. 7. Contractor shall prime masonry, stainless steel, copper, galvanized steel and pre - finished metal with sealant Manufacturer's approved primer. Refer to specified primers. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 92 00-3 Elastomeric Joint Sealants C. 8. Contractor shall follow all of the Manufacturer's published precautions. No more sealant shall be installed than can cure for 24 hours before precipitation. 1.08 WARRANTY A. Material Manufacturer's Warranty: 1. The Sealant manufacture shall guarantee their material to have or to exceed the properties specified within this section of the specifications and shall agree to replace all products proved to be defective. 2. Silicone Sealant Warranty shall be for a Twenty (20) year period beginning at date of substantial completion of the work. PART PRODUCTS 2.01 MATERIALS A, Silicone Sealant Components: 1. Silicone Sealant: Shall be a one -component, non -sag, neutral cure, low -modulus, UV resistant, high performance silicone sealant for high movement expansions and control joints. Shall meet ASTM C 920, Type S, Grade NS, Class 100/50, Use NT, M, G, A or O. Color to be chosen by Owner from manufacturer's standard color chart and approved by Owner in advance of application. Acceptable Manufacturers include: a. Dow 790 Building Sealant b. Pecora 890 NST Silicone C. Sikasil-WS 290 2. Silicone Sealant (Glazing): Shall be a one -component, non -sag, neutral cure, low - modulus; UV resistant, high performance silicone sealant for high movement expansions and control joints. Shall meet ASTM C 920, Type S, Grade NS, Class 50, Use NT, M, G, A or O. Color to be chosen by Owner from manufacturer's standard color chart and approved by Owner in advance of application. Acceptable Manufacturers include: a. Dow 795 Building Sealant b. Pecora 895 NST Silicone C. Sikasil-WS 295 3. Primer: Primer manufactured and recommended by Sealant Manufacturer. Contractor shall consult sealant Manufacturer's published literature for specific substrate and primer types. 4. Backer Rod: Open -cell polyurethane backer -rod or soft polyethylene backer -rod as recommended by sealant Manufacturer. Backer rod .shall be 25% greater than joint for tight fitting compression in the joint. 5. Bond -breaker Tape: Polyethylene strip or tape, as recommended by or supplied by the sealant Manufacturer to prevent 3 -sided bond in joints. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 92 00-4 Elastomeric Joint Sealants PART 3 EXECUTION 3.01 EXAMINATION 3.02 A. Site Verification of Conditions: Contractor shall inspect joints indicated for restoration with joint sealants and verify joint substrate conditions are acceptable for installation in accordance with sealant Manufacturer's instructions. Contractor shall correct unsatisfactory conditions before installing sealants. 1. General: Contractor shall determine acceptable removal techniques for contaminants harmful to joint sealant performance such as dust, dirt, grease, oils, curing compounds, form release agents, laitance and waterproofing film or over - spray coatings. All surfaces shall be cleaned and totally dry, frost -free and dust - free before sealant application to ensure optimum results. 2. Surface Defects and Repairs: Contractor shall identify contaminants in substrates that are harmful to system performance. Contractor shall remove and legally dispose of existing joint sealants or contaminated materials. New substrates or newly repaired surface defects shall be allowed to cure to full, load-bearing capacity per manufacturer's recommendations. Porous surfaces shall be cleaned using heavy-duty brushing or light abrasive cleaning methods followed by oil -free, compressed air blast. B. Commencement of work signifies Contractor's acceptance of substrate. Any defects in sealant work resulting from such accepted substrates shall be corrected by the Contractor at no additional expense to the Owner. PREPARATION A. General: Prior to installation, the Contractor shall remove existing joint sealant materials and clean substrates of substances that could impair the bond of joint sealants. The Contractor shall remove any existing joint sealant residue. The Contractor shall clean and prepare joint surfaces immediately before installing joint sealants. The Contractor shall protect adjacent work areas and finished surfaces from damage during joint sealant installation. B. The Contractor shall clean porous joint surfaces by using heavy-duty brushing, light abrasive, mechanical abrading or combination of these methods to produce a clean, sound surface for optimum bond with joint sealants per manufacturer's recommendations. Provide a dry, dust -free and cleaned substrate for optimum results. C. Non -porous surfaces shall be cleaned using the two -cloth solvent wipe method as referenced in ASTM C-1193 and outlined by joint sealant manufacturer's instruction. IPA (isopropyl alcohol) is not a degreasing solvent yet may be used in new construction for non -porous joint cleaning and preparation. Use xylene, toluene or MEK for. degreasing solvent and general cleaning of non -porous surfaces. The Contractor shall follow all applicable precautions associated with solvents. D. The Contractor shall coordinate cleaning, priming and installation to avoid contamination of wet, freshly coated or on adjacent finished surfaces. Rusting or scaling surfaces shall be removed using abrasive cleaning methods as recommended by joint sealant Manufacturer prior to joint sealant installation. E. Efflorescence, mold, mildew and algae shall be removed and neutralized by the Contractor IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 92 00-5 Elastomeric Joint Sealants prior to joint sealant installation. Prepare finish -coated surfaces in accordance with joint sealant Manufacturer's specific recommendations. 3.03 INSTALLATION A. General: The Contractor shall comply with joint sealant Manufacturer's written installation . instructions for products, primers and applications. B. Contractor shall apply joint sealants for continuous waterproof sealant joint protection. Vertical joints should be lapped over horizontal joints as . recommended by sealant Manufacturer. Contractor shall comply with installation recommendations in ASTM C- 1193 for use of joint sealants as applicable to each specific sealant installation. C. Contractor shall install sealant primers when recommended by sealant Manufacturer and demonstrated at pre -construction tests after joint surface preparation has been completed and when surfaces are verified as clean and dry. 1. Apply sealant Manufacturer's primer per Manufacturer's instructions. 2. Contractor shall follow Manufacturer's specific safety, health and environmental recommendations per most recent Material Safety Data Sheets, technical bulletins and instructions. Handle all solvents in compliance with applicable EPA, OSHA and VOC requirements regarding health/safety standards. 3. Contractor shall allow any primer installation to completely dry or cure prior to installation of backing or joint sealants. D. Contractor shall install joint sealant backings of type and size required. Avoid gaps, twisting, stretching or puncturing joint sealant backing materials. Place backing materials into joint opening using a gauge or roller -tool designed to provide the appropriate uniform depth allowing optimum sealant profile, sealant coverage and long-term joint sealant performance. Install bond -breaker tape behind sealant joints where sealant backings are not feasible and to avoid 3 -sided adhesion at backside of sealant joint. Use masking tape to protect adjacent finished surfaces prior to joint sealant installation. E. Contractor shall install joint sealants in accordance with joint sealant Manufacturer's instructions using proven techniques that comply with the following and in proper sequence with installation of joint backings. 1. Using proper joint sealant dispensing equipment, place sealants by pushing sealant beads into opening to fully wet -out joint sealant substrates. Fill sealant joint opening to full and proper configuration. 2. Install, providing uniform cross-sectional shapes and depths in relation to joint width for optimum sealant movement capability per joint sealant manufacturer's instructions. F. Contractor shall tool all non -sag joint sealant installations. Immediately after placing fresh sealants and before skinning or curing begins, tool sealants using metal spatulas designed for this purpose in accordance with sealant Manufacturer's recommendation. Tooling process should form a smooth, uniform sealant finish, eliminating air pockets and ensuring good contact for optimum joint sealant adhesion within each side of the joint opening. IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 92 00-6 Elastomeric Joint Sealants Provide concave joint configuration as indicated per figure 8-A in ASTM C-1193 unless otherwise indicated for the project. Wet tooling of joint sealants is not permitted. Remove excess sealant from surfaces adjacent to joint openings using metal spatula, promptly cleaning any sealant residue from adjacent finished surfaces. Remove masking after joint sealant is installed. G. The Contractor shall allow joint sealants to cure fora minimum of 7days before adhesion testing is performed as recommended by joint sealant Manufacturer for field-testing. H. The Contractor shall match approved sealant mock-up for color, finish and overall aesthetics. The Contractor shall remove, refinish or re -install work not in compliance with the Contract Documents. 3.04 FIELD QUALITY CONTROL A. Where required above, the Contractor shall ensure Manufacturer's field service is provided consisting of site visits at the start of the project, during application, and upon completion of the project. Site visits shall be by qualified Manufacturer's representative. B. Field -Adhesion Testing: The Contractor shall .keep daily log of sealant installation recording self -performed field -adhesion testing at each elevation of the project and as follows: 1. The Contractor shall document and perform field -adhesion testing in accordance with Manufacturer's recommended field -adhesion testing to qualify for joint sealant Manufacturer's Warranty. 2. The Contractor shall be responsible for performing five (5) field -adhesion tests for the first 1000 lineal feet and one test in each 1000 lineal feet of sealant joint length thereafter. When the sealant is used to weatherseal between two (2) dissimilar substrates, the sealant adhesion to each side of the joint should be individually tested. 3. The Contractor shall field test joint sealants in accordance with Method A, Field - Applied Sealant Joint Hand -Pull Tab, in Appendix X-1 in ASTM C-1193 and in compliance with Manufacturer's specific recommendations. 4. Evaluation: In compliance with joint sealant manufacturer, joint sealants tested and not indicating adhesive failure within the substrates are considered satisfactory results. For joint sealants that fail to adhere to the substrate, clean, re -install and then re -test until satisfactory results are obtained. C. The Engineer and Owner reserves the right to complete recommended testing required by the Manufacturer at completion of work to ensure warranty requirements and contract compliance are met. 3.05 PROTECTION A. The Contractor shall protect installed sealants during and after final curing from damage resulting during construction. The Contractor shall remove and replace damaged joint sealants. 3.06 CLEANING A. The Contractor shall clean off/remove excess sealant or sealant residue adjacent to joint IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 92 00-7 Elastomeric Joint Sealants sealant installations as the work progresses by methods approved by joint sealant Manufacturer. The Contractor shall not damage adjacent surfaces with harmful removal techniques and protect finished surfaces beyond those that have been masked. B. The Contractor shall remove temporary coverings and masking protection from adjacent work areas upon completion. Remove construction debris from the project site on a planned and regular basis. END OF SECTION 07 92 00 IRC -1801 Indian River County Courthouse Parking Garage Rehabilitation 07 92 00-8 Elastomeric Joint Sealants SECTION 09 9113 EXTERIOR PAINT PART I GENERAL 1.01 WORK INCLUDES A. Prepare existing and new substrates, prime and paint in accordance with Manufacturer's instructions for building components specified. Substrates included in the Work are as follows: 1. Steel Stair Components B. Contractor shall be responsible for completing all sampling, testing and abatement requirements for existing lead-based paint included in Work. 1.02 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Specification Sections, apply to this Section. 1.03 REFERENCES A. SSPC-SP 1 - Solvent Cleaning. B. SSPC-SP 2 - Hand Tool Cleaning. C. SSPC-SP 3 - Power Tool Cleaning. 1.04 SUBMITTALS A. Refer to Section 01 33 00 -Submittal Procedures. B. Manufacturer's Product Data Sheets for all materials specified certifying material complies with all specified requirements. C. Latest edition of the Manufacturer's current material specifications and installation instructions. D. Samples: Submit color chart that represents Manufacture's color samples available for Owner's selection. E. Mockup: Submit mockup of actual paint system before starting work as required by Owner for color selection/acceptance. 1.05 DELIVERY, STORAGE, AND HANDLING A. Delivery: Deliver Manufacturer's unopened containers to the work site. Packaging shall bear the Manufactures name, label, and the following list of information: 1. Product name, type (description) RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 0991 13-1 Exterior Paint 2. Application & use instructions 3. Surface preparation 4. VOC content 5. Environmental issues 6. Batch date 7. Color number B. Storage: Contractor shall store and dispose of solvent -based materials, and materials used with solvent -based materials, in accordance with requirements of local authorities having jurisdiction. Store materials in an area that is within the acceptable temperature range, per Manufacturers instructions. Protect from freezing. C. Handling: Maintain a clean, dry storage area, to prevent contamination or damage to the coatings. D. Contractor shall be responsible for all fire safety and prevention requirements for all materials. 1.06 PROJECT CONDITIONS A. Contractor shall ensure or maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by Manufacturer for optimum results. Contractor shall not apply coatings under environmental conditions outside Manufacturer's absolute limits. B. PART 2 2.01 A. B. 2.02 Contractor shall be responsible for all sampling, testing and abatement requirements for existing lead-based included in the Work. PRODUCTS MANUFACTURERS Acceptable Manufacturers: 1. The Sherwin-Williams Company 2. ICI Dulux 3. Duron, Inc. Manufacturer's exterior primer and paint system for optimum performance for exposed, exterior building type, compatible with the .following substrate surfaces. 1: Steel MATERIALS A. Paints and Coatings: Unless otherwise indicated, provide factory -mixed coatings. When required, mix coatings to correct consistency in accordance with Manufacturer's instructions before application. Do not reduce, thin, or dilute coatings or add materials to coatings unless such procedure is specifically described in Manufacturer's product. instructions. RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 0991 13-2 Exterior Paint B. Primers: Where the Manufacturer offers options on primers for a particular substrate, use primer categorized for optimum performance by the Manufacturer. 2.03 ACCESSORIES: A. Coating Application Accessories: Provide all primers, sealers, cleaning agents, cleaning cloths, sanding materials, and clean-up materials required per Manufactures printed requirements. PART 3 EXECUTION 3.01 EXAMINATION A. Contractor shall not begin application of coatings until substrates have been properly prepared. Contractor shall notify Engineer of unsatisfactory conditions before proceeding. B. Contractor shall proceed with work only after conditions have been corrected, and approved by all parties, otherwise application of coatings will be considered as an acceptance of surface conditions. 3.02 PREPARATION A. Contractor shall comply with all lead-based paint abatement requirements where existing lead-based paint is encountered in the Work. B. . Contractor shall consult Manufacturer to ensure proper product selection, surface preparation, and application for optimum coating performance. Contractor shall be responsible for proper product selection, surface preparation, and application. C. The surface shall be dry and in sound condition. Remove oil, dust, dirt, loose rust, peeling paint, coatings, or other contamination to ensure good adhesion. D. Contractor shall not paint immediately after a rain, during foggy weather, when rain is predicted, or when the temperature is below 50T, unless products are designed specifically for these conditions. Follow Manufacturer's printed instructions. E. Methods: 1. Steel: Structural, Plate, etc. Contractor shall clean by one or more of the ten surface preparations described below. These methods were originally established by the Steel Structures Painting Council in 1952 and. are used throughout the world for describing methods for cleaning structural steel. Visual standards are available through the Steel Structures Painting Council, SSPC-VIS 1-89. A brief description of these standards together with numbers by which they can be specified follow. a. Solvent Cleaning, SSPC-SP1: Solvent cleaning is a method for removing all visible oil, grease, soil, drawing and cutting compounds, and other soluble contaminants. Solvent cleaning does not remove rust or mill scale. Change rags and cleaning solution frequently so that deposits of oil and grease are not spread over additional areas in the cleaning process. Be sure to allow adequate ventilation. RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 0991 13-3 Exterior Paint b. Hand Tool Cleaning, SSPC-SP2: Hand Tool Cleaning removes all loose mill scale, loose rust, and other detrimental foreign matter. It is not intended that adherent mill scale, rust, and paint be removed by this process. Before hand tool cleaning, remove visible oil, grease, soluble welding residues, and salts by the methods outlined in SSPC-SP1. C. Power Tool Cleaning, SSPC-SP3: Power Tool Cleaning removes all loose mill scale, loose rust, and other detrimental foreign matter. It is not intended that adherent mill scale, rust, and paint be removed by this process. Before power tool cleaning, remove visible oil, grease, soluble welding residues, and salts by the methods outlined in SSPC-SP1. d. White Metal Blast Cleaning, SSPC-SP5 or NACE 1: A White Metal Blast Cleaned surface, when viewed without magnification, shall be free of all visible oil, grease, dirt, dust, mill scale, rust, paint, oxides, corrosion products, and other foreign matter. Before blast cleaning, visible deposits of oil or grease shall be removed by any of the methods specified in SSPC- SP1 or other agreed upon methods. e. Commercial Blast Cleaning, SSPC-SP6 or NACE 3: A Commercial Blast Cleaned surface, when viewed without magnification, shall be free of all visible oil, grease, dirt, dust, mill scale, rust, paint, oxides, corrosion products, and other foreign matter, except for staining. Staining shall be limited to no more than 33 percent of each square inch of surface area and may consist of light shadows, slight streaks, or minor discoloration caused by stains of rust, stains of mill scale, or stains of previously applied paint. Before blast cleaning, visible deposits of oil or grease shall be removed by any of the methods specified in SSPC-SP1 or other agreed upon methods. f. Brush -Off Blast Cleaning, SSPC-SP7 or NACE 4: A Brush -Off Blast Cleaned surface, when viewed without magnification, shall be free of all visible oil, grease, dirt, dust, loose mill scale, loose rust, and loose paint. Tightly adherent mill scale, rust, and paint may remain on the surface. Before blast cleaning, visible deposits of oil or grease shall be removed by any of the methods specified in SSPC-SP 1 or other agreed upon methods. g. Power Tool Cleaning to Bare Metal, SSPC-SPI1: Metallic surfaces that are prepared according to this specification, when viewed without magnification, shall be free of all visible oil, grease, dirt, dust, mill scale, rust, paint, oxide corrosion products, and other foreign matter. Slight residues of rust and paint may be left in the lower portions of pits if the original surface is pitted. Prior to power tool surface preparation, remove visible deposits of oil or grease by any of the methods specified in SSPC- SP1, Solvent Cleaning, or other agreed upon methods. h. Near -White Blast Cleaning, SSPC-SP10 or NACE 2: A Near -White Blast Cleaned surface, when viewed without magnification, shall be free of all visible oil; grease, dirt, dust, mill scale, rust, paint, oxides, corrosion products, and other foreign matter, except for staining. Staining shall be limited to no more than 5 percent of each square inch of surface area and may consist of light shadows, slight streaks, or minor discoloration caused by stains of rust, stains of mill scale, or stains of previously applied paint. Before blast cleaning, visible deposits of oil or grease shall be removed by any of the methods specified in SSPC-SP1 or other agreed upon methods. High- and Ultra -High -Pressure Water Jetting for Steel and Other Hard Materials, SSPC-SP12 or NACE 5: This standard provides requirements for the use of high- and ultra-high pressure water jetting to achieve various RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 0991 13-4 Exterior Paint degrees of surface cleanliness. This standard is limited in scope to the use of water only without the addition of solid particles in the stream. Water Blasting, NACE Standard RP -01-72: Removal of oil grease dirt, loose rust, loose mill scale, and loose paint by water at pressures of 2,000 to 2,500 psi at a flow of 4 to 14 gallons per minute. 3.03 INSTALLATION A. Contractor shall apply all coatings and materials in accordance with Manufacture printed recommendations. Contractor shall apply a no less than a single coat of primer, and two coats of paint. Thickness shall be determined by Manufacturer's printed requirements for optimum or "best" performance. B. Contractor shall not apply coatings to wet or damp surfaces, during periods of fog, or at or below the dew point temperature. C. Contractor shall apply coatings using methods and application tools recommended by Manufacturer. D. Uniformly apply coatings without runs, drips, or sags, without brush marks, and with consistent sheen. E. Apply coatings at spreading rate required to achieve the Manufacturers recommended dry film thickness. F. Dark Colors and Deep Clear Colors: Regardless of number of coats specified, apply as many coats as necessary for complete hide. G. Time between primer and coats shall be per Manufacturer's printed requirements. H. Inspection: The coated surface shall be inspected and accepted by the Engineer and Owner. 3.04 PROTECTION A. Protect finished coatings from damage until completion of project. B. Touch-up damaged coatings after substantial completion, following manufactures recommendation for touch up or repair of damaged coatings. Repair any defects that will hinder the performance of the coatings. 3.05 CLEANING A. Contractor shall clean-up and remove all spills, and coatings on adjacent substrates to the Owner's satisfaction. B. Contractor shall dispose of all containers and waste in a legal manner immediately. RC -1801 Indian River County Courthouse Parking Garage Rehabilitation END OF SECTION 09 9113 0991 13-5 Exterior Paint PART I GENERAL 1.03 SECTION 09 96 53 ELASTOMERIC SILICONE COATINGS SECTION INCLUDES Provide silicone elastomeric coatings to the following exterior substrates: 1. Concrete. RELATED SECTIONS Drawings and general provisions of the Contract, including General and Supplementary Conditions and Specification Sections, apply to this Section, including but not limited to: 1. Elastomeric Joint Sealants Section 07 92 00 REFERENCES A. ASTM International (ASTM): 1. ASTM D 412 - Standard Test Method for Vulcanized Rubber and Thermoplastic Rubbers and Thermoplastic Elastomers - Tension. 2. ASTM D 522 - Standard Test Methods for Mandrel Bend Test of Attached Organic Coatings. 3. ASTM D 711 - Standard Test Method for No -Pick -Up Time of Traffic Paint. 4. ASTM D 1653 - Standard Test Method for Water Vapor Transmission of Organic Coatings. 5. ASTM D 1737 -Method of Test for Elongation of Attached Organic Coatings with Cylindrical Mandrel Apparatus. 6. ASTM D 2240 - Rubber Property Durometer Hardness. 7. ASTM D 2369 - Standard Test Method for Volatile Content of Coatings. 8. ASTM D 3273 - Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber. 9. ASTM D 3274 - Standard Test Method for Evaluating Degree of Surface Disfigurement of Paint Films by Microbial (Fungal or Algal) Growth of Soil and Dirt. B. Federal Government Publications: 1. 40 CFR 59, Subpart D-200 - National Volatile Organic Compound Emission Standards for Coatings. C. U. S. Environmental Protection Agency (EPA): 1. 40 CFR 59, Subpart D: National Volatile Organic Compound Emission Standards for Coatings. 1.04 SUBMITTALS A. Refer to Section 0133 00 -Submittal Procedures. RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 09 96 53-1 Silicone Elastomeric Coatings B. Manufacturer's Product Data Sheets for all materials specified certifying material complies with all specified requirements. C. Latest edition of the Manufacturer's current material specifications and installation instructions. D. Samples for Verification: For each elastomeric coating indicated, for each color and texture required. Submit on step -coated sample cards with each coat labeled. E. Field quality control adhesion test reports. F. Warranty: Sample of special warranty. 1.05 QUALITY ASSURANCE A. Applicator Qualifications: Employer of experienced applicators equipped and trained for application of elastomeric coatings required for this Project with record of successful completion of projects of similar scope. B. Single Source Responsibility: Provide elastomeric coatings and related silicone joint sealants by a single manufacturer through a single source. C. Mockups: Provide mockup of each coating system, color, and texture selected for approval by Engineer and Owner. Locate as indicated or as directed. Final approval of color and texture selections will be based upon mockups. Approved mockups may remain as part of finished work. 1.06 PROJECT CONDITIONS A. Do not install elastomeric coatings during inclement weather or when such conditions are expected. Allow wet surfaces to dry. B. Do not install elastomeric coatings when temperature is above 100 deg F (38 deg C) or below 20 deg F (6 deg C). 1.07 WARRANTY A. Special Warranty, General: Manufacturer's standard project -specific form in which manufacturer agrees to repair or replace elastomeric coating that demonstrates deterioration or failure within warranty period specified due to material failure under normal use. Failure include water penetration through coating. 1. Warranty Period: Ten years from date of Substantial Completion. PART PRODUCTS 2.01 MANUFACTURER A. Whenever a particular make of material, trade name and/or manufacturer's name is specified herein, it shall be regarded as being indicative of the minimum standard of quality and performance characteristics required. Specific manufacturer's requirements in regard to preparation, application, etc. shall be followed if differing from the specified requirements. RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 09 96 53-2 Silicone Elastomeric Coatings B. Specifications and Drawings are based on manufacturer's proprietary literature from Dow Chemical Company. Other manufacturers shall comply.with minimum levels of material, color selection, and detailing indicated in Specifications or on Drawings. Engineer will be sole judge of appropriateness of substitutions. 2.02 COATING A. Exterior Flat Waterborne, Pigmented Silicone Elastomeric Coating 1. Basis of Design Product: DOWSILTM AllGuard Silicone Elastomeric Coating. 2. Color: As selected by Engineer from manufacturer's full line 3. Surface Profile: Smooth surface. 4. Volatile Organic Compound (VOC) Content: 4 g/L maximum. 5. Moisture -Vapor Transmission, ASTM D 1653: 43 perms, minimum. 6. Hardness, ASTM D 2240: 38 durometer Shore A. 7. Tensile Strength, ASTM D 412: 145 lbf/sq. in. (1.0 MPa), minimum. 8. Elongation, ASTM D 412: 600 percent, minimum. 9. Room Temperature Flexibility, ASTM D 522: 1/8 -inch mandrel test; pass. 10. Low Temperature Flexibility, ASTM D 711: 1/4 -inch mandrel test; pass. 11. Fungus Resistance, ASTM D 3274: No growth. 12. Mold Resistance, ASTM D 3273: No growth. 13. Solids Content, ASTM D 2369: Not less than 55 percent by weight. 2.03 ACCESSORY MATERIALS A. General: VOC content of primers and fillers, 107 g/L or less. B. Crack Fillers: Elastomeric coating manufacturer's recommended, factory -formulated crack fillers or sealants compatible with substrate and other materials. C. Primer: Elastomeric coating manufacturer's recommended, factory -formulated, alkali resistant primer compatible with substrate and other materials indicated. PART 3 EXECUTION 3.01 EXAMINATION A. Examine substrates to determine if work is ready to receive elastomeric coatings. Verity that surfaces are clean, dry, and free of frost, dust, dirt, grease, oil, curing compounds, form. release agents, laitance, efflorescence, mildew, excess alkalinity, and other conditions affecting performance of work. B. Verify that new concrete and mortar to receive coating application has cured adequately in accordance with substrate and coating manufacturer's instructions. C. Preinstallation Testing: Prior to application of elastomeric coatings, perform the following tests to verify condition of substrate in accordance with manufacturer's instructions: 1. Adhesion: Perform substrate field adhesion tests on each substrate to determine if primer is required to satisfactorily adhere elastomeric coatings to substrates. 2. Alkalinity: Verify substrate is within alkalinity range acceptable to manufacturer. 3. Moisture Level: Verify substrate moisture content is acceptable to manufacturer. D. Proceed with coating work once conditions meet elastomeric coating manufacturer's RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 09 96 53-3 Silicone Elastomeric Coatings recommendations. 3.02 PREPARATION A. General: Comply with elastomeric coating manufacturer's written instructions for preparation of substrates. B. Hardware Removal: Remove hardware, accessories, plates, fixtures, and similar items that are not to be coated. If removal is not practical, provide protection for installed items prior to cleaning and preparation activities. C. Cleaning: Clean substrates to remove contaminates and foreign material by pressure cleaning, wire brushing, grinding or other method recommended by elastomeric coatings manufacturer. D. Substrate Repair: Repair deteriorated or damaged substrates, repair masonry joints, and fill cracks, voids, honeycomb, and other defects using materials as recommended by manufacturer. Allow patching materials to cure. E. Protection: Protect adjacent surfaces not designated to receive coatings. Provide protection for pedestrians, vehicles, landscaping, and surrounding areas to prevent contact with coating materials. 3.03 APPLICATION A. Primer: Apply primer to substrates where required based upon preinstallation testing and elastomeric coating manufacturer's recommendations, using application methods and rate of application recommended by manufacturer. Allow to dry prior to application of elastomeric coating. Apply block filler as primer on concrete masonry unit substrates where required to fill pores and provide smooth, continuous water-resistant finish coat(s). B. Elastomeric Coating: Apply elastomeric coating using application methods and rate of application recommended by manufacturer. Apply using nap roller, nylon brush, or airless sprayer, as allowed by authorities having jurisdiction. 1. Apply elastomeric coating from top to bottom of substrate. Work down vertical surface and cover rundown in process. Avoid excessive overlapping. 2. Apply coating free of cloudiness, spotting, laps, brush marks, roller tracks, and other surface imperfections. Cut in color breaks and terminations with sharp lines. 3. Apply additional coats as required to provide cured film with uniform finish, color, and appearance. 4. Provide a minimum of two coats of not less than 20 mil total wet film thickness (10 mil wet film thickness per coat) to provide finished dry film thickness of not less than 10 mils. C. Cleaning: Remove overspray and excess material using materials and methods approved by manufacturer that will not damage adjacent materials. D. Curing and Protection: Allow coatings to cure before exposure to traffic. Use test specimens formed at time of coating application to verify curing time. Prevent damage to coatings resulting from construction operations or other causes. Replace damaged coatings at time of Substantial Completion. RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 09 96 53-4 Silicone Elastomeric Coatings 3.04 FIELD QUALITY CONTROL A. Owner may retain testing agency to perform the following tests: 1. Verification that substrate preparation meets requirements. 2. Testing and certification that coating materials comply with requirements. 3.. Testing of application for compliance with adhesion and film thickness requirements. B. If testing indicates products or work do not meet requirements, Owner may stop work and require Contractor to remove non -complying materials and materials applied over non- complying substrates, and correct application. 3.05 PROTECTION A. Protect work of other trades against damage from application of elastomeric coatings. B. Touch up and restore damaged or defaced coated surface. 3.06 CLEANING A. Remove rubbish and discarded materials from Project site daily. Clean overspray from adjacent surfaces as work progresses, using methods recommended by manufacturer. B. Remove temporary coverings and protection upon completion. Clean and repair adjacent surfaces damaged by water repellent application. END OF SECTION RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 09 96 53-5 Silicone Elastomeric Coatings SECTION 32 01 17.61 CRACK AND JOINT SEALING FOR CONCRETE PAVEMENTS PART I GENERAL 1.01 SECTION INCLUDES A. Provide elastomeric hot applied crack and joint sealing in portland cement concrete. B. Provide traffic durable expansion joint where indicated. 1.02 RELATED SECTIONS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Specification Sections, apply to this Section. 1.03 REFERENCES A. Refer to the following references, current edition for specification compliance: 1. ASTM International a. D 6690-01 Specification for hot applied crack and joint sealant b. D 1190 Specification for Concrete Joint Sealant, Hot Applied Elastic Type C. D 3405 Specification for Joint Sealants, Hot Applied, for Concrete and Asphalt d. D 5329 Test Methods for Sealants and Fillers, Hot Applied, for Joints and Cracks in Asphalt and Portland Cement Concrete Pavements 1.04 SYSTEM DESCRIPTION A. For isolated cracks and constructed joints'/4 inch or great in width seal with a two (2) inch band, 1/16 -inch -thick centered across the crack. 1.05 SUBMITTALS A. Refer to Section 01 33 00 -Submittal Procedures. B. Latest edition of the Manufacturer's current material specifications and installation instructions. C. Manufacturer's Product Data Sheets for all materials specified certifying material complies with all specified requirements. 1.06 QUALITY ASSURANCE A. Seal applicator shall be approved by the material manufacturer. Additionally, seal applicator shall have the experience of five (5) similar sealer projects. Verification shall be provided to the Engineer upon request. 1.07 PROJECT CONDITIONS A. Environmental Requirements RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 32 01 17.61-1 Crack and Joint Sealing 1. Pavement and ambient temperature is to be forty (40) degrees F or above. The surface and crack shall be dry free of standing water and dew. 2. For ambient or pavement temperatures below forty (40) degrees F. a hot compressed air lance to achieve clean, dry, warm space for sealant installation is acceptable upon Engineer's approval. 1.08 SAFETY A. The Contractor shall be responsible for hot work safety for their employees and their sub contractors. B. The applicator must be wearing personal protective equipment to include, but not limiting to long sleeved shirt, gloves and face protection. 1.09 WARRANTY A. Submit two (2) year written warranty by the Contractor. 1. Warranty to include against flaking, chipping, loss of adhesion or other abnormal wear. 2. In the event of irregular wear all costs to repair the area will be at no cost to the Owner. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Subject to compliance with requirements herein, the following manufacturers are approved: 1. Neyra Industries, Inc. 2. SealMaster 3. Crafco 4. Engineers accepted equivalent. 2.02 MATERIALS A. Applicable materials from the above listed manufactures are acceptable products. B. Sealant: hot applied elastomeric crack/joint sealant for concrete pavements. 2.03 EQUIPMENT A. Melter: 1. Jacketed double boiler with effective agitation that meet requirements of Appendix X1.1 of ASTM D6690. 2. Heat transfer oil should not exceed 525 degrees F. 3. The melter must be capable of safely heating the product to 400 degrees F and have temperature monitoring capabilities. 4. Do not use direct fired or air heated machines. 2.04 WATERTIGHT EXPANSION JOINTS RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 32 01 17.61-2 Crack and Joint Sealing A. Basis of Design: Preformed, Pre -Compressed, Self -Expanding, Sealant System with Silicon Pre -Coated Surface. Use BEJS SYSTEM by EMSEAL Joint Systems for expansion joints and isolation joints in bridges. B. Sealant system shall be comprised of three components: 1) cellular polyurethane foam impregnated with hydrophobic 100% acrylic, water-based emulsion, factory coated with highway -grade, fuel resistant silicone; 2) field -applied epoxy adhesive primer, 3) field - .injected silicone sealant bands. Impregnation agent to have proven non -migratory characteristics. Silicone coating to be highway -grade, low -modulus, fuel resistant silicone applied to the impregnated foam sealant at a width greater than maximum allowable joint extension and which when cured and compressed will form a bellows. Depth of seal as recommended by manufacturer. BEJS foam seal to be installed into manufacturer's standard field -applied epoxy adhesive. The BEJS SYSTEM is to be installed recessed from the surface such that when the field -applied injection band of silicone is installed between the substrates and the foam -and -silicone -bellows, the system will be '/2" (12mm) down .from the substrate surface. C. Material shall be capable of movements of +50%, -50% (100% total) of nominal material size. Changes in plane and direction shall be executed using factory -fabricated "Universal 90" transition assemblies. Transitions shall be warranted to be watertight at inside and outside corners through the full movement capabilities of the product. D. All substitute candidates to be certified in writing to be free in composition of any waxes or asphalts, wax compounds or asphalt compounds. All substitute candidates shall be certified in writing to be: a) capable of withstanding 150°F (65°C) for 3 hours while compressed down to the minimum of movement capability dimension of the basis of design product (-25% of nominal material size) without evidence of any bleeding of impregnation medium from the material; and b) that the same material after the heat stability test will selfexpand to the maximum of movement capability dimension of the basis -of -design product (+30% of nominal material size) within 24 hours at room temperature 68°F (20°C). PART 3 EXECUTION 3.01 EXAMINATION A. Evaluate the existing pavement to confirm the condition is suitable for the product and application described. Commencement of work constitutes acceptable conditions. 3.02 PREPARATION A. General. All surfaces shall be swept prior to commencement of crack cleaning. B. Remove vegetation, dirt and any foreign debris from the cracks. C. Clear cracks with compressed air at a minimum pressure of 90 psi within thirty (30) minutes of installation. The compressed air shall be free of moisture or oil. Inspect edges to assure quality adhesion. 3.03 APPLICATION A. Apply a band a minimum of two (2) inches wide, with a minimum of one (1) inch coverage from each side of the crack. Do not exceed a four (4) inch band. B. The application should not exceed 1/8 of an inch in thickness above the pavement. RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 32 01 17.61-3 Crack and Joint Sealing 3.04 PROTECTION A. Barricade newly applied crack fill for a minimum of thirty (30) minutes after installation. 3.05 CLEAN UP A. Remove all debris and excess material from the pavement and surrounding areas. B. The Contractor shall clean off/remove excess sealer from curb, sidewalks and other inadvertent surfaces. END OF SECTION 32 0117.61 RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 32 01 17.61-4 Crack and Joint Sealing SECTION 32 17 23 PAVEMENT MARKINGS PART GENERAL 1.01 SECTION INCLUDES A. Provide contractor grade acrylic, latex, alkyd, or chlorinated rubber . striping paint for existing concrete pavements or restriping. 1.02 RELATED SECTIONS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Specification Sections, apply to this Section. 1.03 SUBMITTALS A. Refer to Section 0133 00 -Submittal Procedures. B. Manufacturer's Product Data Sheets for all materials specified certifying material complies with all specified requirements. 1.04 DELIVERY, STORAGE AND HANDLING A. Deliver pavement -marking materials to the Project site in original packages with seals unbroken and bearing manufacturer's labels containing brand name and type of materials, date of manufacture, and directions for storage. B. Store pavement -marking materials in a clean, dry, protected location within temperature range required by manufacturer. Protect stored materials from direct sunlight. 1.05 PROJECT CONDITIONS A. Environmental Requirements 1. Apply marking paint on a clean surface and in dry weather when pavement and atmospheric temperatures are 55 degrees F. or above (or mfg. Specification) and not exceeding 95 degrees F and are anticipated to remain above 50 degrees F. for four (4) hours after completing application. B. For new asphalt wait a minimum of four (4) days before marking unless otherwise instructed by the Engineer. PART 2 PRODUCTS 2.01 EQUIPMENT A. Commercial compressed air spray striping machine capable of applying an even coating at the manufacturer's recommended thickness in an even width across the stripe. B. Commercial airless spray striping machine capable of applying an even coating at the manufacturer's recommended thickness in an even width across the stripe. RC -1801 Indian River County Courthouse Parking Garage Rehabilitation 32 1723-1 Pavement Markings PART 3 EXECUTION 3.01 EXAMINATION A. Inspect existing pavement surfaces for conditions and defects that will adversely affect quality of work, and which cannot be put into an acceptable condition through normal preparatory work as specified. B. Do not place marking over unsound pavements. If these conditions exist, notify Owner/Architect/Engineer. C. Starting installation constitutes contractor's acceptance of surface as suitable for installation. 3.02 PREPARATION A. Provide qualified technician to supervise equipment and application of marking. Layout markings using guide lines, templates and forms. Stencils and templates shall be. professionally made to industry standards. "Free hand" painting of arrows, symbols, or wording shall not be allowed. B. Thoroughly clean surfaces free of dirt, sand, gravel, oil and other foreign matter. C. Protect adjacent curbs, walks, fences, and other items from receiving paint. 3.03 APPLICATION A. Apply marking paint at a rate of one (1) gallon per three to four hundred (300-400) lineal feet of four (4) inch wide stripes. (Or to mfg. specification) B. Apply stripes straight and even in accordance with schedules. C. Apply stripes and other markings in widths and colors previously existing condition or as otherwise detailed in schedule. 3.04 PROTECTION A. Barricade marked areas during installation and until the marking paint is dried and ready for traffic. RC -1801 Indian River County Courthouse Parking Garage Rehabilitation END OF SECTION 32 17 23 32 1723-2 Pavement Markings OZO-Vdl6l #103roW 13H 096z£ ld 'HOV38 O213A o r w m r any 4)9L 9902 NOUV11l18VH3H 39VMV9 ONNIM s o a 3Sf10H1?1f10O A1N1100 213AIN NVI4NI a ° � x o l; g r O Z g f v 1 ! ME� a w 7 ig E w OEel e Z w �,w' Og g „ u 11118111111 U5 Of Q w O -_ a , _---- ------ Q Z CL �..� 1,•„ is � j ., -� CL ��.�+` O oA t$� o �� � fit• / g t �- qa;„ oxo g 5 ° g m OZO-bd161 #1O3f021d 1321 096Z£ l3 'HO`d38 OIJ3n 4391590Zs NOI1V11119VH321 3'JVMVS !JNIIZIVd 3snOH121f10O Al.Nnoo 1AMIN NVIUNI a s § a w a & � N W F . o Q edoZ € > u W4 $a _ y %_ bid �g .:�_.':'•,: � 676 676 W C7: � � P '�� i i " i i i " I I !t I i u ----------- 1_[-5 ------ ------ ----------(57 It I I I I !t r z g a 0 0 LL � Z• 76 K 9 � u I w& (j§�\ §K _ eon aLA03 mHd 13 09eEa'HOde01:13 avpL22 NOEVImsxa3eVMVE) 9NDINVd 3snOHiiinoo uNn 0a maNVIQm ( § ■,�� !| Q§g§ ! , !§.. § . § !. # 2 ! , � |! » ■■ )/ " \ )r .||\ k ) )§|` B 2 §\� ( ) !!h&]§ . § 0 _ _ 0 $ g OZO-Vd161 #1O3rOHd 13U 096ZE l3 'HOV38 O213n '9^V419Lg90Z NOIIVIIIISVH311 35VMVD 9NI4bVd 3snOH121f1O0 J11N11OO U3AM NVIdNIuj a 4 4 m a r a W w k� L j`6 .� g 8G�4>b ffi f J I I ----------------- .__-----'------- ---------- -------------- ------------------------------ ` it it I ` ' it I z 5 a Oy Oe LL- �w m �{j h § �l� ii r z J r Z J w w Q Y d h Q w 1 U .re sr 1-s ~ O � ili it ii w g g a R OZO-`ddl6l #iO3rMld 132i 'HOV38 s w o 096Z£ 13 O213n r s NOIM1118VH3Z130VHVD SNNMVd u 3snOHlbf1O0 A1Nnoo 213AIII NVIQNI a a �{j h § �l� ii r z J r Z J w w Q Y d h Q w 1 U .re sr 1-s ~ O � ili it ii