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2021-207A
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS BID NO. 2022007 PROJECT NO. IRC -2002 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PETER D. O'BRYAN, CHAIRMAN JOE EARMAN, VICE CHAIRMAN COMMISSIONER SUSAN ADAMS COMMISSIONER JOSEPH E. FLESCHER COMMISSIONER LAURA MOSS JASON E. BROWN, COUNTY ADMINISTRATOR JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD, COUNTY ATTORNEY RICHARD B. SZPYRKA, P.E., PUBLIC WORKS DIRECTOR TABLE OF CONTENTS Section No. Title IRC -2002 DIVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement ur:der the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors 00460 Certification Regarding Prohibition Against Contracting with Scrutinized Companies CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Public Construction Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor's Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00948 Work Change Directive Table of Contents - 00010 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS0002 669h Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0113idding Documents - 20210722.docx IRC -2002 DIVISION 1 GENERAL REQUIREMENTS DIVISION 2 TECHNICAL PROVISIONS APPENDIX A PERMITS APPENDIX B IRC FERTILIZER ORDINANCES APPENDIX C INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION APPENDIX D SUBSURFACE SOIL EXPLORATION AND GEOTECHNICAL ENGINEERING EVALUATION Table of Contents - 00010 - 2 is\DIV 0-1—Bidding Documents - 20210722.docx IRC -2002 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 Wednesday, November 17, 2021. 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 "WHI AVENUE & 8!-H STREET SIGNALIZATION IMPROVEMENTS and Bid No. 2022007". 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 -2002 INDIAN RIVER COUNTY BID NO. 2022007 PROJECT DESCRIPTION: The proposed improvements to the intersection of 66th Avenue and 8tn Street consist of the signalization of the intersection by installing mast arm assemblies with all other appurtenances. Also included is milling and resurfacing, signing and pavement markings, and sodding. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto. Detailed specifications are available at: www.demandstar.com or at www.ircgov.com/departments/budget/purchasing under "Current Solicitations". All bidders shall submit one (1) original and one (1) copy of the Bid Proposal forms provided within the specifications. Please note that the questionnaire must be filled out completely including the financial statement. BID SECURITY must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish 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 Advertisement for Bids - 00100 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents - 20210722.docx IRC -2002 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, November 3, 2021 at 2:00 P.M., in the first - floor conference room of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED. INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication in the Indian River Press Journal Date: 10-17-2021 and 10-24-2021 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 F1Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\13ids\Bid Documents\DIV 0_t_Bidding Documents - 20210722.docx SECTION 00200 — Instructions to Bidders TABLE OF CONTENTS Article No. - Title SECTION 00200 — Instructions to Bidders .......................................... IRC -2002 Page ................... i ARTICLE 1- DEFINED TERMS.......................................................................................... ARTICLE 2 - COPIES OF BIDDING DOCUMENTS.............................................................. ARTICLE 3 - QUALIFICATIONS OF BIDDERS..................................................................... ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE.............................................................................................................. ARTICLE 5 - PRE-BID CONFERENCE................................................................................. ARTICLE 6 - SITE AND OTHER AREAS.............................................................................. ARTICLE 7 - INTERPRETATIONS AND ADDENDA............................................................. ARTICLE8 - BID SECURITY.............................................................................................. ARTICLE 9 - CONTRACT TIMES......................................................................................... ARTICLE 10 - LIQUIDATED DAMAGES.............................................................................. ARTICLE 11- SUBSTITUTE AND "OR -EQUAL" ITEMS ....................................................... ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS .......................................... ARTICLE 13 - PREPARATION OF BID................................................................................ ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS ......................................................... ARTICLE 15 - SUBMITTAL OF BID..................................................................................... ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID .............................................. ARTICLE 17 - OPENING OF BIDS...................................................................................... ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE ............................................. ARTICLE 19 - AWARD OF CONTRACT............................................................................... ARTICLE 20 - CONTRACT SECURITY AND INSURANCE..................................................... ARTICLE 21- SIGNING OF AGREEMENT.......................................................................... 2 4 4 5 5 6 6 6 6 7 8 8 9 9 9 Instructions to Bidders - 00200 - i F:\PublicWorkskENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin0ds\Bid Documents\DIV 0_1_Bidding Documents - 20210722.docx IRC -2002 SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article AWARDOF CONTRACT..........................................................................................................19 BASIS OF BID; EVALUATION OF BIDS...................................................................................14 BIDSECURITY...........................................................................................................................8 BIDS TO REMAIN SUBJECT TO ACCEPTANCE.....................................................................18 CONTRACT SECURITY AND INSURANCE.............................................................................20 CONTRACTTIMES....................................................................................................................9 COPIES OF BIDDING DOCUMENTS.........................................................................................2 DEFINEDTERMS.......................................................................................................................1 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE..................4 INTERPRETATIONS AND ADDENDA........................................................................................7 LIQUIDATEDDAMAGES..........................................................................................................10 MODIFICATION AND WITHDRAWAL OF BID..........................................................................16 OPENINGOF BIDS..................................................................................................................17 PRE-BID CONFERENCE...................................................:.......................................................5 PREPARATIONOF BID...........................................................................................................13 QUALIFICATIONS OF BIDDERS................................................................................................3 SIGNINGOF AGREEMENT.....................................................................................................21 SITEAND OTHER AREAS.........................................................................................................6 SUBCONTRACTORS, SUPPLIERS, AND OTHERS................................................................12 SUBMITTALOF BID.................................................................................................................15 SUBSTITUTE AND "OR -EQUAL" ITEMS..................................................................................11 Instructions to Bidders - 00200 - ii F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\t-Admin\Bids\Bid Documents\DIV 0_t_Bidding Documents - 20210722.docx IRC -2002 SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder --The individual or entity who submits a Bid directly to OWNER. B. Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. D. ENGINEER — References County Engineer or their designee. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located.. Instructions to Bidders - 00200 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0-1—Bidding Documents - 20210722.docx IRC -2002 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. 3.04 Bidder must be registered with and use, at their sole expense, the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S.. Owner, contractor, and subcontractors may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Contractor is responsible for obtaining proof of E -Verify registration for all subcontractors. This requirement applies to any provider of services or goods. 3.05 Bidder must hold a current registration as a General Contractor in the State of Florida. 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. Instructions to Bidders - 00200 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\t-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents - 20210722.docx IRC -2002 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 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 (purchasingCa_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; Instructions to Bidders - 00200 - 3 `APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6h Sl Signalization\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents - 20210722.docx IRC -2002 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; 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 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. Instructions to Bidders - 00200 - 4 F:\Public Works\ENGINEER ING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents - 20210722.docx IRC -2002 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 ( urchasing(d)-ircgov.com) in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.03 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 8 - BID SECURITY 8.01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashier's check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 91 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. Instructions to Bidders - 00200 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids0d Documents\DIV 0-1—Bidding Documents-20210722.docx IRC -2002 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. 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. Instructions to Bidders - 00200 - 6 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 661h Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents - 20210722.docx IRC -2002 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). Bids not submitted on the bid form(s) shall be rejected, as will bids submitted on rewritten or recreated bid forms. 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 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. Instructions to Bidders - 00200 - 7 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents - 20210722.docx IRC -2002 13.14 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. 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. 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. Omission of unit prices where required will result in disqualification of the bid. B. The total of all estimated prices wile be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: A. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships. B. Sworn Statement under the Florida Trench Safety Act. C. Qualifications Questionnaire. D. List of Subcontractors. E. Certification Regarding Prohibition Against Contracting with Scrutinized Companies Instructions to Bidders - 00200 - 8 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents - 20210722.docx IRC -2002 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 271 Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non - responsible. 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 Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. Instructions to Bidders - 00200 - 9 F:\Pub1icWorks\ENGINEER1NG DIVISION PROJECTS\2002 66th Ave and Bt St Signalization\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents - 20210722.docx IRC -2002 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. 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 Instructions to Bidders - 00200 - 10 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 01 —Bidding Documents-20210722.docx IRC -2002 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. 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:\Public Works\ENGINEERING DIVISION PROJEC7S\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_1_Bidding Documents-20210722.docx SECTION 00300 — Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE Bid Form Sworn Statement on Disclosure of Relationships Sworn Statement Under the Florida Trench Safety Act Qualifications Questionnaire List of Subcontractors Certification Regarding Prohibition Against Contracting with Scrutinized Companies SECTION NUMBER 00310 00430 00452 00454 00456 00458 0R&I, 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 I'APublic Works\ENGINEERING DIVISION PROJECTS\2002 661h Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0-2—Bidding Documents - 20201002.docx *SEALED BID* To: Indian River County Purchasing Division Room B1-301, 1800 27th Street, Vero Beach, Florida 32960 For: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS INDIAN RIVER COUNTY PROJECT NO. IRC -2002 INDIAN RIVER COUNTY BID NO. 2022007 2:00 P.M. on Wednesday, November 17, 2021 From: Ferreira Construction Southern Division Co., Inc. 13 000 SE Flora Avenue, Hobe Sound, FL 33455 SECTION 00310 — Bid Form PROJECT IDENTIFICATION: Project Name: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS County Project Number: Bid Number: Project Address: Project Description THIS BID IS SUBMITTED TO: IRC -2002 2022007 Intersection of 66th Avenue & 8th Street, Vero Beach, Florida 32968 The proposed improvements to the intersection of 661' Avenue and Stn Street consist of the signalization of the intersection by installing mast arm assemblies with all other appurtenances. Also included is milling and resurfacing, signing and pavement markings, and sodding. INDIAN RIVER COUNTY 1800 271h Street VERO BEACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number November 4, 2021 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. 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 Bid Forth REV 04-07 - 00310 - 1 RiPublic WorksIENGINEER ING DIVISION PROJECTS12002 66Ln Ave and 8th SI Signalization%1-Admin\Dds16id Documents\DIV 0 2 Bidding Documents - 20201002.docx at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] Bid Form REV 04-07 - 00310 - 2 F1Public Works\ENGINEERING DIVISION PROJECTS0002 66th Ave and 81h Sl Signafizafion\t-Admin\Bids\Bid DocumentslDIV 0 -2 -Bidding Documents - 20201002.docx ITEMIZED BID SCHEDULE - Addendum 1 PROJECT NAME: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT NO. IRC -2002 BID NO. 2022007 BIDDER'S NAME: Ferreira Construction Southern Division Co., Inc. Item No. Description Unit Unit Price Quantity Amount ROADWAY PAY ITEMS $ 62,510.00 $ 62,510.00 101-1 MOBILIZATION/ DEMOBILIZATION LS 1 $ 18,510.00 $ 18,510.00 102-1 MAINTENANCE OF TRAFFIC LS 1 PREVENTION, CONTROL & ABATEMENT OF EROSION AND WATER $ 1,099.00 $ 1,099.00 104-2 POLLUTION LS 1 110-1-1 CLEARING & GRUBBING LS $ 25.00 1 $ 25.00 $ 29.75 $ 72,590.00 327-70-6 IASPHALT PAVEMENT MILLING 1.5 -INCH AVG. DEPTH SY 2,440 ASPHALT CONCRETE FRICTION COURSE (FC -12.5) (TRAFFIC LEVEL C, $ 301.96 $ 66,431.20 337-7-83 PG 76-22 W/ POLYMER), 1.5 -INCH TN 220 $ 23.39 $ 10,057.70 570-1-2 PERFORMANCE TURF SOD BAHIA SY 430 $ 29'75 $ 178'50 700-1-60 SINGLE POST SIGN REMOVE AS 6 $ 190.00 $ 760.00 700-12-61 SIGN BEACON REMOVE AS 4 $ 4.75 $ 147.25 706-3 RETRO -REFLECTIVE PAVEMENT MARKERS EA 31 $ 1.13 $ 933.38 711-11-121 THERMOPLASTIC STD WHITE SOLID 6" LF 826 $ 2'40 $ 446.40 711-11-123 THERMOPLASTIC STD WHITE SOLID 12" LF 186 $ 4'75 $ 631.75 711-11-125 THERMOPLASTIC STD WHITE SOLID 24" LF 133 $ 309.00 $ 1,236.00 711-11-160 THERMOPLASTIC STD WHITE MESSAGE OR SYMBOL EA 4 $ 83.00 $ 332.00 711-11-170 THERMOPLASTIC STD WHITE ARROW EA 4 $ 1'13 $ 588.73 711-11-221 THERMOPLASTIC STD YELLOW SOLID 6" LF 521 SIGNALIZATION PAY ITEMS $ 15.90 $1,828.50 630-2-11 CONDUIT SIGNAL F & I OPEN TRENCH LF 115 $ 29'35 $ 11,886.75 630-2-12 CONDUIT SIGNAL F & I DIRECTIONAL BORE LF 1 405 632-7-1 CABLE SIGNAL F & I PI $ 10,120.00 1 $ 10,120.00 $ 1,534.00 $ 36,816.00 635-2-11 PULL BOX F & I TRAFFIC SIGNAL EA ,24 ELECTRICAL POWER SERVICE (F & 1) (UNDERGROUND) (METER $ 1,155.00 $ 1,155.00 639-1-122 PURCHASED BY CONTRACTOR AS 1 639-2-1 ELECTRICAL SERVICE WIRE F & I LF $ 5.50 126 $ 693.00 639-3-11 ELECTRICAL SERVICE DISCONNECT F & I POLE MOUNTED EA $ 370.00 1 $ 370.00 641-2-12 PRESTRESSED CONC. POLE F & I TYPE P -II SERVICE POLE EA $ 1,043.00 1 $ 1,043.00 646-1-11 ALUMINUM SIGNALS POLE PEDESTAL EA $ 1,269,00 2 $ 2,538.00 00310-3 F:\Public Works\ENGINEERING DIVISION PROJECTSVO02 66th Ave and 86l St Sign alizalion\1-Admin\Bids\Bid Documents\MASTER ITEMIZED BID SCHEDULE ITEMIZED BID SCHEDULE -Addendum 1 PROJECT NAME: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT NO. IRC -2002 BID NO. 2022007 BIDDER'S NAME: Ferreira �^.onstruction Southern Division Co., Inc. Item No. Description Unit Unit Price Quantity Amount $ 56'460.00 $ 225,840.00 649-21-3 MAST ARM F & I WIND SPEED - 150 SINGLE ARW W/LUMINAIRE 40' EA 4 $ 913.00 $ 3,652.00 650-1-14 TRAFFIC SIGNAL F & i ALUMINUM 3 -SECTION 1 -WAY AS 4 $ 1,460.00 $ 5,840.00 650-1-18 TRAFFIC SIGNAL F & I ALUMINUM 5 -SECTION 1 -WA STRAIGHT AS 4 $ 714.00 $1,428.00 653-1-11 PEDESTRIAN SIGNAL F & I LED -COUNTDOWN 1 -WAY AS 2 $ 4'823.00 $ 4,823.00 660-4-11 IVEHICLE DETECTION VIDEO (F&I) (CABINET EQUIPMENT EA 1 $ 7,147.00 $ 28,588.00 660-4-12 VEHICLE DETECTION VIDEO (F&I) (ABOVE GROUND EQUIPMENT EA 4 $ 197.00 $ 394.00 665-1-11 PEDESTRIAN DETECTOR IF & I STANDARD EA 2 TRAFFIC CONTROLLER ASSEMBLY (F & 1) (NEMA) LONE PREEMPTION $ 29,130.00 $ 29,130.00 670-5-111 PLAN AS 1 *682-1133 *ITS CCN CAMERA, F&I, DOME ENCLOSURE - NON -PRESSURIZED, IP, $ 7,085.00 $ 7,085.00 HIGH DEFINITION *EA *1 $ 3,835.00 $ 3,835.00 684-1-1 MANAGED FIELD ETHERNET SWITCH F & I EA 1 UNINTERRUPTIBLE POWER SUPPLY (F & I) (LINE INTERACTIVE W/ $8,023.00 $ 8,023.00 685-1-13 CABINET EA1 $ 2,590.00 $ 10,360.00 700-5-22 INTERNALLY ILLUMINATED SIGN (F&I) (OVERHEAD MOUNT, 12'-18' EA 4 $ t.9Q $ 3,226.20 715-1-11 LIGHTING CONDUCTORS F & I INSULATED, No. 10 OR <) LF 1,698 $ 960.00 $ 3'840.00 715-5-31 LUMINAIRE & BRACKET ARM F & I NEW EA 4 $ 5,335.00 $ 5,335.00 999-1 CONSTRUCTION LAYOUT/ RECORD DRAWINGS LS 1 $ 644,326.36 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS SUB TOTAL 999-25 1 FORCE ACCOUNT 50,000.00 TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT TOTAL $ 694,326.36 LS=Lump Sum SY=Square Yard TN=Ton AS=Assembly EA=Each LF=Linear Foot PI=Per Intersection NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE, THE BID SCHEDULE WILL BE UTILIZED FOR BIDDING PURPOSES. TOTAL PROJECT BID AMOUNT IN WORDS Six hundred ninety-four thousand three hundred twenty-six dollars and thirty-six cents 00310A F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 661h Ave and Bth Sl Signalization\1-Admin\BidslBid DocurnentsWASTER ITEMIZED BID SCHEDULE 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.6 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Itemized Bid Schedule; B. Required Bid security in the form of Bid Bond C. Sworn Statement under Section 105.08, Indian River Code, on Disclosure of Relationships; D. Sworn Statement Under the Florida Trench Safety Act; B. Qualifications Questionnaire; F. List of Subcontractors; G. Certification Regarding Prohibition Against Contracting with Scrutinized Companies DIV 0-2—Bidding Documents - 2020100261d Form - 00310 - 5 F:1PubIic WodcsIENGINEE RING DIVISION PROJECTS12002 661h Ave and 6t1 St Signaliza6on11-Admin18idslBid DocumentsojV 0_2_Bidding Documents - 20201002.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 November 17 .20 21 , State Contractor License No. CGC1509418-Ecl3006679 If Bidder is: AnIndividual Name (typed or printed): By: (Individual's signature) Doing business as: Business address: Phone No.: FAX No.: Email: A Partnership Partnership Name: By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed): Business address: Phone No. FAX No. ' '+\`J i`i. L•P`Y Email: A Corporation q ` Corporation Name: _FPrrPira C:nnstnirtion ;nrrthPm Myjsinn Co Jnr (SEAIj State of Incorporation: Now Iorcnt- 0.J Type (Gene ai Busi e , Pr ssional, N�` �� r ervice, i Red Liability): General Contractor ;., (SEAL) (SEAL) Name (typed or printed): Robert Higginbotham Title: Vice PrAident Attest Secretary) Dictinio t� p is (CORPORATES Sr. Vice President Business address: 13000 SE Flora Avenu6 Hobe Sound FL 33455 �i =4 Phone No.: 47724S6-5123 FAX No.: 4M) 286513g Email: toarrj;;afarreiracnnstntrHnn rom Date of Qualification to do business Is Anrii 9.2004 DIV C 2_liiddfng Documents - 2020100213Id Form - 00310 - 6 FAPub11c WOUXENCINEERING WASION PROJECTSUD02 Both Avoend out St SIgnrjIxat cnll.AdTirkOdSO1d Dowi tEiOV 0 2 6!dQng DMMIMO.20201002.dorx A Joint Venture Joint Venture Name: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Email: Joint Venture Name: By: FAX No.: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Email: FAX No.: Phone and FAX Number, and Address for receipt of official communications: (SEAL) (SEAL) (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) * * END OF SECTION * * DIV 0-2—Bidding Documents - 20201002Bid Form - 00310 - 7 FAPublic Works\ENGINEERING DIVISION PROJECTS12002 66th Ave and Wh Sl Signalizationll-AdminlBidsleid DocumentsXDIV 0-2—Bidding Documents - 20201002.dooX Document A310TM-2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Mann, legal sYa/ae and addi e c) (Xanre, legal staArs and principal place r f bialness) Ferreira Construction Southern Division Co., Inberkshire Hathaway Specialty Insurance Company 1314 Douglas Street, Suite 1400 Omaha, NE 68102-1944 This document has Important 13000 SE Flora Avenue Mailing Address for Notices legal consequences. Consultation with an attorney Is encouraged Hobe Sound, FL 33455 1314 Dcuglas Street, Suite 1400 with respect to Its completion or OWNER: Omaha, NE 68102-1944 modification. (Xaire, legal status and adding) Any singular reference to Indian River County Board of County Commissioners Contractor, Surety, Owner or other party shall be considered 1800 27th Street plural where applicable. Vero Beach, FL 32960 BOND AMOUNT: $ Five Percent Of The Total Amount Bid (5%) PROJECT: (,4'aans, location or address and Project number, Van ) ITB -2022007-0-2022/DL, 66th Avenue & 8th Street Signalization Improvements The Contractor and Surety are bound to the Owncr in the amount set forth above, for the payment of which Ilia Contractor and Surety bind themscives, their heirs, executors, administrators, Successors and assigns, jointly and severally, as provided heroin. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within ilia tints specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the temps 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 Project and other iso acceptable to the Owner, for ilia faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the aunount of this Bond, between the annount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to periimn the work covered by Said bid, then this obligation ~hall he null and void, otherwise to remain in lidl Brae and eil'ec1. Ilia Surety hereby melees any notice ul'at agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver ol'nolice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time li>r acceptance ul'bids specified in the bid documents, and the Owner and Contractor shall obtuin the Surety's consent lair an extension beyond sixty (60) days. If this Band is issued in connection with a subcontractor's bid to a Contractor, ilia term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shalt be decnncd to be Contractor. When this Bond hus been furnished to comply %villi a statutory or other legal requirement in the location of the project, any provision in this Bond conflicting %vilh said stuttrtory or legal requirement shall he deemed deleted herefrom and provisions coniiumin$ 6i such .statutory or other legal requirement shall be deemed incorporated herein. When so furnished, lila intent is that this Dond shall b0 construed as a statutory bund and not as a common law bond. ,n/F `�S`;, c" Signed and scaled this 17th day of November, 2021 /� �, o Ferreira Construction. Southern Division Co., Inc. tari cl al) (Seal) On (Title) /rtr. Berkshire Hathaway Specialty Insurance Company, fSrrret}j (.Seal), ° °° �4 OVI( (lri/ e) stat ravato / ►� �' v .' (Title) Marisol Mojica Attorney -In -Fact ` y S•0054/AS 8/10 "'"r ACKNOWLEDGEMENT OF CONTRACTOR - IF A CORPORATION STATE OF ECT 160 COUNTY OF �n C1r� l Yl ON THE 17th DAY OF November, 2021 BEFORE ME PERSONALLY APPEARED?\ cb 1 _ i ohcft(a 1 TQ Bl ;�NOWN-,I WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)H THE �(iCP ' t - b r 1C- ' ff- OF Ferreira Construction Southern Division Co., Inc. THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRITTEN ABOVE. t Cecilia Rose Hein n - ¢, �-J� NOTARY PUBLIC 0 X1 « S STATE OF FLORIDA Notary Public Commf3 GG343610 ��kCE 190 Expires 6/29/2023 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 17th DAY OF November, 2021 BEFORE ME PERSONALLY APPEARED Marisol Mojica TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF Berkshire Hathaway Specialty Insurance Company, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRITTEN ABOVE. �L h: - V Notary Public 7711 - William William A. Drayton Jr: 4 - Notary Public ; • �,�� State of New Jersey ' ` , t e :' My commission expires April 9, 2026 Berkshire Hathaway Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY. a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY. a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Marlsol Moiica, Kevin T. Walsh_, J _r. Thomas MacDonald, Krystal L. Stravato. 100 South Jefferson Road, Suite 101, of the cit of Whiopnny, State of New 11 "e their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney -in -Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of December 20, 2018. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following signature by an authorized officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: David Fields, Executive Vice President P"'7ECIA17 , ��' �oavoRgfftir RAS G SI)RETY ;, SEAL d•�a•p A�ya NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President f tgN�Oa Pe RfJy � 4,\Q °\�4batFPIIRtOEERT�ZI-SURETY S®Y�•. ,Sr'91m JSEAL NOTARY State of Massachusetts, County of Suffolk, ss: On this 20th day of December, 2018, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal]-- OEOFFERY A. DELISIO a Notary Public Commonwealth of Massachusetts Aly Comm. Expires November 29, 2024 Notary Public I, Ralph Tortorelia, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereoy certify that the above and foregoing is a true and correct -copy ofthe Power of Attorney executed by said Companies which is In full force and effect and has not been revoked. IN TESTIMONY `� oa"A 4HEI1EOF, see hereunto affixed the seals of said Companies this November 17 2021. 1� grEGAIT �pEMN�T +bfIRE/NS �`a � ^,6 s\OR�r��JG � �aPe Hql n v fppPOR�ltiy SFIAL a i ir 3 � �yfB+..pS�p E't�� r6Z':.gNa. ll�OiT y�ot CCV��a3o ' .aa M �� '•. �.. frN i FN BHSIC, NICO & NLF POA (2018) Officer 23849 BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers. Agents, and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers, Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 LIABILITIES & SURPLUS* ADMITTED ASSETS* Loss & toss exp. unpaid 5 1213112020 12/31/2019 Total invested assets S 5,475,240,588 $ 5,172,183,338 Premium & agent balances (n 603,615,506 368,086,012 All other assets 157,897,676 127,524,677 Admitted Assets S 6,236,753,770 $ 5,667,794,027 LIABILITIES & SURPLUS* 12/31/2018 S 4,313,185,189 301,849,144 140,930,406 $ 4,755,964,739 12!31/2018 $ 463,103,223 241,835,588 570,628,148 1,275,566,959 3,480,397,780 $ 4,755,964,739 Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. 12/31/2020 12/3112019 Loss & toss exp. unpaid 5 921,923,948 S 634,745,558 Unearned premiums 372,836,160 314,117,549 All other liabilities 1,054,922,210 744,738,458 Total Liabilities 2,349,682,318 1,693,601,565 Total Policyholders' Surplus 3,887,071,452 3,974,192,463 Total Liabilities i& Surplus S 6,236,753,770 $ 5,667,794,028 12/31/2018 S 4,313,185,189 301,849,144 140,930,406 $ 4,755,964,739 12!31/2018 $ 463,103,223 241,835,588 570,628,148 1,275,566,959 3,480,397,780 $ 4,755,964,739 Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. SECTION 00452 — Sworn Statement on Disclosure of Relationships SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2022007 for 66—""AVENUE & & STREET SIGNALIZATION IMPROVEMENTS — IRC -2002 This sworn statement is submitted by: Ferreira Construction Southern Division Co Inc. (Name of entity submitting Statement) whose business address is: 13000 SE Flora Avenue. Hobe Sound FL 33455 3. My name is Robert Higginbotham (Please print name of individual signing) and my relationship to the entity named above is Vice President 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 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 P1Public Works\E NGINE E RING DIVISION PROJECTSt2002 66th Ave and 8th St Signalization\1-AdminTidslBid DocumentsTIV 0-2—Bidding Documents - 20201002.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 Not Applicable STATE OF FLORIDA COUNTY OF MARTIN Name of County Commissioner or employee Relationship Robert H gginbotham, V P(i nature) November -17, 2021 (Date) Sworn to (or affirmed) and subscribed before me by means of ® physical presence or ❑ online notarization, this 17th day of November 20 21 , by Robert Higginbotham, V P (name of person making statement). 1g R Cecilia Rase Hein o� o� NOTARY PUBLIC a STATE OF FLORIDA (Signature of Notary Public - State of Florida) Comm# GG343610 Expires 6/2912023 (Print, Type, or Stamp Commissioned Name of Notary Public) S�kCE 19�a 0 who is personally known to me or O who has produced as identification. Sworn Statement of Disclosure of Relationships - 00452-2 FlPublic Works1ENGINEERING DIVISION PROJECTS12002 66th Ave and 8th St SignalizatioMl-AdminlBidskDd DocumentslDIV 0 2_Biddng Documents - 20201002.docx SECTION 00454 — Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. This Sworn Statement is submitted with Project No. IRC -2002 for 66—" AVENUE & 81-H STREET SIGNALIZATION IMPROVEMENTS 2. This Sworn Statement is submitted by Ferreira Construction Southern Division Co. Inc. (Legal Name of Entity Submitting Sworn Statement) , hereinafter "BIDDER". The BIDDER's address is _ 13000 SE Flora Avenue Hobe Sound FL 33455 BIDDER's Federal Employer Identification Number (FEIN) is 22-3334957 3. My name is Robert Higginbotham and my relationship to the BIDDER (Print Name of Individual Signing) is Vice President (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et sea Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of $ 0.00 based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: Not Applicable The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 7. The BIDDER has allocated and included in its bid the total amount of $ 0.00 based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: Not Applicable Florida Trench Safety Act - REV 04-07 - 00454 - 1 RTublic Wori(stENGINEERING DIVISION PROJECTS0002 66th Ave and 8h Sl Signalizationll-AdminlaidsTid Documents'DIV 0_2 Bidding Documents - 20201002.docx The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. KoberV Higginbotham Position or - President Date: - Nnvpmhpr 17,2021 STATE•- STATE OF FLORIDA COUNTY OF MARTIN Sworn to (or affirmed) and subscribed before me by means of ® physical presence or ❑ online notarization, this 17th day of November 2021 by Robert HiQQinbotham� V (name of person making statement). 1Ap 4 Cecilia Rose Hein o� °n STATE OF FLORIDA NOTARY PUBLIC (Signature of Notary Public - State of Florida) CornaWGG343610 (Print, Type, or Stamp Commissioned Name of Notary Public) Expires 6/29/2023 •��NCE 19 ® who is personally known to me or O who has produced as identification. * * END OF SECTION * * Florida Trench Safety Act - REV 04-07 - 00454 - 2 F:1Public WorksXENGINEERING OMSION PROJECTS0002 661h Ave and 8th St Sigaa1iza1ion\1-Admin\Bidsl8td DocumentsON 0 2 Bidding Documents-20201002,dorx SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. Documentation Submitted with Project No: IRC -2002 Project Name: 66TTH AVENUE & 8T—" STREET SIGNALIZATION IMPROVEMENTS Bidder's Name / Address: 2. Bidder's Telephone & FAX Numbers: —Telephone: (772) 286 -5123 -Fax: (772) 286-5139 3. Licensing and Corporate Status: a. Is Contractor License current? Yes b. Bidder's Contractor License No: CGC1509418 - EC13006679 [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: 17 years 5. What is the last project OF THIS NATURE that the firm has completed? _US1 & 22nd Street Intersection 6. Has the firm ever failed to complete work awarded to you? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 9. Has the firm implemented a drug-free workplace program in compliance with Florida Statute 287.087? _ Yes Qualifications Questionnaire - 00456 - 1 FAPublic WorWENGINEE RING DIVISION PROJECTSX2002 66th Ave and 8th St Signali7alionll-AdmInTids1Bld DocumenlsVV 0 2 Bidding Documents-20201002.docx im 11, 12. 13. 14. 15. 16, 17. 18. 19. (In the case of a tie, preference will be given to businesses with drug-free workplace programs) 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.] Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 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.] Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. Name of person who inspected the site of the proposed work for the firm: Name: Dan L PW,% Date of Inspections: November 3, 2021 Name of on-site Project Foreman: Jerry Stine & Ed Shea Number of years of experience with similar projects as a Project Foreman: 19 Name of Project Manager: Robert Mcintosh Number of years of experience with similar projects as a Project Manager: 7 State your total bonding capacity: _ $500.000,000. aggregate State your bonding capacity per job: $200,000,000. single project Please provide name, address, telephone number, and contact person of your bonding company: Berkshire Hathaway Specialty Insurance 100 Federal Street 20th Floor Boston MA 02110 Krystall. Stravato, Surety Operations Manger, American Global LLC 100 South Jefferson Road Suite 101 Whippany NJ 07981 (862) 777-8193 [The remainder of this page was left blank intentionally] Qualifications Questionnaire - 00456 - 2 F.Tubtic WorWENGINEERING DIVISION PROJECTS\2002 66th Ave and 8ih St Signa57alion\1-AdminlBids%Bid DocumentstDIV 0 2 Bidding Documents .20201002.docx 19. Complete the following table for SIMILAR projects: Name of Pro ect Date Completed Owner Contact Person: Name/ Email Address/Phone Original Contract Amount Final Contract Amount Mr.Carlos Vidueira USt & 22nd St.lntersection December 2020 RBY, LLC (772) 489-1977 $732,519.29 $745,584.91 cvidueira@rybovich.com Victoria Falls Boulevard and January 2017 Nil Homes, Inc. Mr. Chris Santoro $327.268.50 $404,378.68 Military Trail Signalization (56110845-0665 4@mlh5mes.com Annual Signal & Lighting May 2021 Martin County SOCC Mr Damian Bono (772) 288-5528 $517,463.49 $517,463.49 Maintenance Contract dbono@martin.fl.us Annual Signal & Lighting Work Order Driven City of Port St Lucia Mr. Paul Johnson (772) 871-5182 $1,909.983.62 $1,909.983 62 Maintenance Contract On-going pjohnson@dtyofpsi.co Qualifications Questionnaire - 00456 - 3 F.11auWic W.,k,WN-MEERING CIVIS[ON PROJECTSt2002 65th Ave and 6th St Signahz8U,M1LAdrrini9id Gd DowmentslDIV 0 2_&ddng Documents - 2020100Zdocz SECTION 00458 — List of Subcontractors The Bidder MUST list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, additions, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. IRC -2002 for 661—HAVENUE & PHI STREET SIGNALIZATION IMPROVEMENTS V 3-18A - 00458 - 1 ,wments - 20201002.docz Work to be Performed Subcontractor's Name/Address Portion of Work 1. MOT Bob's Barricades 921 Shotgun Road Sunrise, FL 33326 .0098% 2 Asphalt CW Roberts Contracting 8530 SW Jayme Way Palm City, FL 34990 ° 20.231° 3 Directional Bore Advanced Boring Inc. 290 Truck & Trailer Way West Palm Beach, FL 33413 .015% a. Striping &Signage SouthMde 4357 Okeechobee Blvd. West Palm Beach, FL 33409 .0083% 5. 6. 7. B. 9. 10. 11, 12. 13. 14. V 3-18A - 00458 - 1 ,wments - 20201002.docz SECTION 00460 e CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Name o es ondent- rreira Co ruction,Southem Di ' ion Co., Inc. By: (Authorized Signature) RoVeft Higginbotham Title: Vice President Date: November 17, 2021 Certification Regarding Prohibition Against Contracting - 00460 - 1 F:1Public Works1ENGINEERING DIVISION PROJECTS0002 661h Ave and 8th St Signalizationll-AdminTids0id Documents\DIV 0 2_eidding Documents - 20201002.docx State of Florida Department of State I certify from the records of this office that FERREIRA CONSTRUCTION SOUTHERN DIVISION CO. INC. is a New Jersey corporation authorized to transact business in the State of Florida, qualified on April 9, 2004. The document number of this corporation is F04000001981. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on January 5, 2021, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifth tray of January, 2021 Tracking Number: 3896101296CC ,Vecretai- .11 of State To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertifiicateAuthentication ZIP Ron DeSantis, Governor Halsey Beshears, Secretary a- �low {- d1Florida a •l� cs � STATE OF FLORIDA Rt DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES I GARCIA, DICTINIO i FERREIRA CONSTRUCTION SOUTHERN DIVISION CO INC ' 13000 SE FLORA AVE ! HOBE SOUND FL 33455 L _ _LICENSE NUMBER CGC1509418 EXPIRATION DATE: AUGUST 31 2022 Always verify licenses online at MyFloridaLicense.com a. Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. "".�.. tE Ron DeSantis, Governor STATE OF FLORIDA Halsey Beshears, Secretary DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD THE ELECTRICAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489_,.FLORIDA STATUTES HIGGINBOTHAW ROBERT A FERREIRA CONSTRUCTION SOUTHERN DIVISION 'CO. INC. 13000 SE FLORA AVE HOSE SOUND FL 33455 LICENSE NUMBER. EC13006679 EXPIRATION DATE: AUGUST 31, 2022 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Florida Department of Transportation RON DE 605 Suwannee Street ICEVIN J. THIBAULT, P.E. GOVERNNOROR Tallahassee, FL 32399-0450 SECRETARY June 14, 2021 FERREIRA CONSTRUCTION CO., INC. 31 TANNERY ROAD BRANCHBURG, NEW JERSEY 08876 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2022. However, the new application is due 4/30 2022. In accordance with 5.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "Views for the most recently approved application, and then click the "Manage° and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: COMPUTERIZED TRAFFIC CONTROL, DRAINAGE, ELECTRICAL WORK, FLEXIBLE PAVING, GRADING, HOT PLANT -MIXED BITUM. COURSES, INTELLIGENT TRANSPORTATION SYSTEMS, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, R&R MINOR BRIDGES, ROADWAY SIGNING, SIDEWALK, TRAFFIC SIGNAL, Concrete rehab (spall repairs), Curb & Gutter, Dredging, Driving steel sheet pile, Epoxy injection, Fender system, Joint & crack sealing, Pile driving, Pile jackets, Pipeline & cable installation, Retaining wall, Rip rap, seawall. You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. hnprove Safety, Enhance Mobility, Inspire Innovation www.fdot.gov FERREIRA CONSTRUCTION CO., INC. June 14, 2021 Page Two All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, R Alan Autry, Manager Contracts Administration Office AA: cg FLORIDA DEPARTMENT 0 F Ron Govve or Environmental Protection Jeanette Nuflez Lt Governor November 2, 2020 Dictinio Garcia Marjory Stoneman Douglas Building Noah Valensteln 3900 Commonwealth Boulevard Secretary Tallahassee, FL 32399 Ferreira Construction Southern Division Co. Inc. 31 Tannery Road Branchburg NJ 08876 Email: LKissell®ferreiraconstruction.com RE: Pre -Qualification Package Hello: The pre -qualification as of November 2, 2020 for Ferreira Construction Southern Division Co. Inc. is hereby acknowledged. This pre -qualification approves your firm to bid on the Florida Department of Environmental Protection's Bureau of Design and Construction projects requiring your State licenses until August 31, 2022. Please feel free to contact me at (850) 245-2781 with any questions or concerns you may have. Sincerely, SkehalysignedbyAlyssa Alyssa Date: 2020.11.09 Skehan 11:46:02.06'00' Alyssa Skehan, FCCM Government Operations Consultant II Bureau of Design and Construction Florida Department of Environmental Protection Phone: 850-245-2781 - Office www.dep.state.fl.us Cecilia Hein From: Contractor Licensing <contractodicensing@ircgov.com> Sent: Tuesday, October 19, 2021 10:01 AM To: Cecilia Hein Cc: Contractor Licensing Subject: RE: Contractor Licensing (Ferreira) Ms. Hein, You may go to ircgov.com. Building Permits and services, then contractor search. Both registrations are in active status. The qualifier must send us a notarized letter changing the emails in order for you to receive the emails, our system only sends emails to the primary email address. If you have any further questions you may contact me directly using the information provided below. Rick A. Dunkerley/Contractor Licensing Investigator Indian River County Building Department rdunkerlev@irceov.com 1801 27`h St. Vero Beach, FL 32960 772-226-1918 (Phone) 772-226-1960 (Hotline) 772-770-5333(Fax) i + s From: Cecilia Hein<CHein@ferreiraconstruction.com> Sent: Tuesday, October 19, 20219:01 AM To: Contractor Licensing<contractorlicensing@ircgov.com> Subject: Contractor Licensing (Ferreira) CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. f' Good Morning: I am emailing to confirm that the following Contractor registrations are ACTIVE Certificate #18241— Dictinio Garcia, State of FL General Contractors License Number CGC1509418 Certificate #24628 - Robert Higginbotham, State of FL Electrical License Number EC13006679 Is there a website — link where I can view this information? Is it possible to have my email address also listed on the certificates so that I can receive a copy of any correspondents as well as the license holder. Thank you Cecilia Hein P 772.212.1285 F 772.286.5139 M 772.678.2950 13000 SE Flora Avenue, Hobe Sound, FL 33455 FerreiraConstruction com IM FERREIRA Building the Future with Pride DISCLAIMER: This e-mail may contain information that is confidential, privileged or otherwise protected from disclosure. If you are not an intended recipient of this e-mail, do not duplicate or redistribute it by any means. Please delete it and any attachments and notify the sender that you have received it in error. Unintended recipients are prohibited from taking action on the basis of information in this e-mail. E-mail messages may contain computer viruses or other defects, may not be accurately replicated on other systems, or may be intercepted, deleted or interfered with without the knowledge of the sender or the intended recipient. By using email to communicate, you are accepting the risks associated with e-mail messages. Our organization reserves the right, to the extent and under circumstances permitted by applicable law, to retain, monitor and intercept e- ntail messages to and from its systems. 1FERREZRA FERRE/RA CONSTRUCTION SOUTHERN DMSION CO„ INC CURRENT CONTRACTS NAME OF PROJECT -OWNER CONTRACT VALUE % COMPLETED COMPLETION DATE (E81345) SR 91 (Martin) $ 768,964.18 60% Dec -21 FDOT (E8R77) Turnpike Mainline (Martin, St. Lucie) $1,022,688.04 85% Dec -21 FDOT (E8R65) AET (Phase 8) (Palm Beach, Martin, $ 3,341,887.37 28% Jul -23 St. Lucie, Indian River) FDOT Jupiter Medical Surgery Institute $ 2,439,115.00 0% Dec -22 Jupiter Medical Phipps Park Renovations 3,271,794.75 5% Jun -22 Martin County BOCC Savannas Reserve Weir $ 623,717.00 0% Apr -22 Martin County BOCC Harvey E Oyer Jr. Park Marina Boat Ramp S1,155,865.00 0% May -22 City of Boynton Beach Robnier Park Pathway & Launch 746,112.00 30% Mar -22 Village of Royal Palm Beach Stormwater & Rights of Way Maintenance $4,500,000.00 over 3 years 'City of Port St. Lucie All vendors Currently ongoing $12,000,000.00 over 6 City of Palm Beach Gardens years Currently ongoing Miscellaneous Public Works Projects (All Vendors Martin County Infrastructure Construction $5,000,000.00 over 5 years Martin County BOCC (All Vendors Currently ongoing Martin County Bridge Repair & Maintenance $3,000,000.00 over 5 years Martin County BOCC(All Vendors Currently ongoing Marine Contracting $2,500,030,00 over 5 years Martin County BOCC(All Vendors Currently ongoing 13000 SE Flora Avenue, Hobe Sound, FL 33455 Phone (772) 286-5123 Fax (772) 286-5139 www.ferreiraconstruction.cori GC License #CGC1509418 An Equal Opportunity Employer ,FERREZRA FERREIRA CONSTRUCTION SOUTHERN DIVISION CO- INC. ABILITY TO MEET PROJECT SCHEDULE Ferreira Construction has more than sufficient qualified staff to perform the proposed work, safely, and with pride and excellence. We understand the importance of providing the project with a team of highly experienced staff that are mutually dedicated, and project goal driven insuring a successful project for Indian River County. Ferreira will utilize multiple crews simultaneously in each segment of the project. We anticipate self -performing the majority of work. The amount of subcontractor involvement to be utilized will be contingent on the work and ongoing activities. Ferreira intends to subcontract the asphalt, directional bore, and striping. 13000 SE Flora Avenue, Hobe Sound, FL 33455 Phone (772) 286-5123 Fax (772) 286-5139 www.ferreiraconstruction.com GC License #CGC1509418 An Ecual Opportunity Employer FERREIRA FERRdRA CONSTRUC FI0N SOUTHERN DNISION Co- INC. REFERENCES Owner's Name & Address Project Contact Person Telephone Number City of Port St. Lucie Annual Signal & Lighting 121 SW Port St. Lucie Blvd. Maintenance Contract Paul Johnson (772) 871-5223 Port St. Lucie, FL 34984 Martin County BOCC Annual Signal & Lighting 2401 SE Monterey Rd. Maintenance Contract D R Bono (772) 288-5528 Stuart, FL 34997 Village of Royal Palm Beach 1050 Royal Palm Beach Blvd. FPL Pathway Lighting Vickie Day (561) 791-7092 Royal Palm Beach, FL Florida Dept. of Transportation 605 Suwannee St. (T4489) SR9 (Martin) Mark Freeman (772) 429-4904 Tallahassee, FL 32399 cferreiraconst ruction.com FERREIRA Professional Summary ROBERT HIGGINBOTHAM VICE PRESIDENT Mr. Higginbotham is Vice President for Ferreira Construction. He brings more than 25 years of heavy highway and heavy civil construction experience. He has managed and successfully completed roadway improvement projects for Florida Department of Transportation, local municipalities as well as private clients. Robert is a Licensed State of Florida Electrical Contractor and is the Electrical Qualifier for Ferreira Construction Southern. His extensive knowledgeable and experience includes Intelligent Transportation Systems, Traffic Signalization, Roadway Signing, Computerized Traffic Control and Electrical work. Mr. Higginbotham's extensive background has given him the knowledge in completing all aspects of the job, including but not limited to proposal development and budget management; quality control; scheduling; client, agency, and labor union negotiations; coordination with subcontractors and vendors; safety and personnel management. Professional Experience Ferreira Construction (2019 -Present) Vice President Valiant Power South, LLC (2015-2019) Vice President The Signal Group, Inc. (1996-2015) Executive Vice President/General Manager Achievements: • Implementation and management of electronic bidding delivery system • Expanded SGI Fleet and personnel to maintain and operate three divisional offices and warehouses • Expanded general revenue base by competitive marketing and production Key Proiects Traffic Signalization, Signing and Highway Lighting Systems • Palm Beach International Airport AS8 • I-95 Linton Blvd. South to Spanish River (HOV Lane) for the Florida Department of Transportation • 1-95 (SR #5) Linton Road to Hypoluxo Road, Palm Beach County • 1-95 (SR #5) Blue Heron Boulevard to 45" Street, Palm Beach County • U.S. Highway 1 from Port St. Lucie Boulevard North to Rio Mar Drive, St. Lucie County • I-95 (SR #5) from Blue Heron Boulevard to PGA Boulevard, Palm Beach County • S.R.9 (FL Turnpike) to S.R.710 for the Florida Turnpike Authority • Cross -Town Parkway Corridor for the City of Port St. Lucie; Segments I, Il, III, IV, V • Design Build of five Intersections for Martin County Board of County Commissioners Intelligent Transportation Systems • City of Boca Raton ITS Closed Loop System -Group #4; Installation of ITS and Video Detection • Indian River County ATMS Groups 3 & 4 • City of Port St. Lucie Master Maintenance for ITS Systems Affiliations Florida Transportation Builders Association (FTBA) Intelligent Transportation Systems of Florida (ITS) Education/Licenses Bachelor of Science in Agricultural Economics, Auburn University State of Florida Electrical Contractor Training/Certification State of Florida Electrical Contractor State of Florida Registered Master Electrician State of Florida Department of Transportation Managerial and Engineering Seminars IMSA Intermediate Work Zone Specialist IMSA Traffic Signal Certification, Level I & Level II FERREZRA Edward Shea A Division Manager Solar, Signal, and Lighting Division Professional Summary Mr. Shea has over thirty years of experience on various heavy highway and heavy civil construction projects. His extensive experience managing residential, commercial and municipality projects throughout Florida including Brevard, Okeechobee, Indian River, St. Lucie, Martin, Palm Beach, Broward County, and the Florida Department of Transportation. Ed is directly involved with Ferreira's annual maintenance contracts many include roadway and highmast lighting, electrical duct banks, electrical bridge systems, traffic signalization, roadway signage, and intelligent transportation systems installation and repair. Ed specializes in on-site, hands-on management. He works closely with Ferreira's on-site superintendents, foreman and subcontractors. Ed's ability to communicate effectively and his extensive experience assures that each project reflects Ferreira's commitment to safety, remains within budget and is completed on time. As demonstrated through his project history, Ed's detail -oriented planning and coordination shows through in his outstanding time management and work completion rate. He also recognizes that a project requires complete attention and maintains focus even as they reach their final stages. This unique work ethic is paralleled by his efficient budgeting and cost management capabilities As Division Manager he directs, supervises, and coordinates all manpower on a given Ferreira project. He also conducts cost monitoring and manages project subcontractors. More importantly, Ed ensures that all site work reflects Ferreira's commitment to the highest standards of quality and safety. Professional Experience Ferreira Construction (2019 -Present) Division Manager Valiant Power South, LLC (2015-2019) Operations Manager The Signal Group, Inc., (2005-2015) Construction/Area Branch Manager Achievements: -Expanded fleet and personnel to maintain and operate four divisional offices and warehouses -Expanded training programs for signalization, safety, and operational management Mas -Tec North America/Designed Traffic Installations, Inc. (1987-2005) Project Manager and Area Manager Key Proiects Traffic Signalization, Signing and Highway Lighting Systems -I-95 (S.R.#9) from Blue Heron Blvd. to PGA Blvd.; FDOT District N -Florida Turnpike (S.R.# 9) to Beeline Hwy (S.R.#710); FDOT District VIII -Cross-Town Parkway Corridor, Segments I, II, III, IV, V; City of Port St. Lucie -Design Build of Five Intersections; Martin County Board of County Commissioners Intelligent Transportation Systems -City of Port St. Lucie Master Maintenance for ITS Systems -ITS Closed Loop System - Group #3 & Group #4; Indian River County -Installation of ITS and Video Detection; City of Boca Raton -Master Maintenance for ITS Systems; City of Port St. Lucie Affiliations Florida Transportation Builders Association (FTBA) Florida Transportation and Builders Association (FTBA) FTBA LESS Sub -Committee Member for Structures and Methods Certifications/Training IMSA Traffic Signalization Field Electrician Level II IMSA Traffic Signalization Technician Level III IMSA Florida Advanced Work Zone Specialist ATSSA Advanced Work Zone Traffic Control FDOT CTQP Drilled Shaft Inspector OSHA 10 Hour Construction Outreach Training CPR Training EJERREZRA Jerry Stine Superintendent Solar, Signal, and Lighting Division Professional Summar Mr. Stine is project superintendent on various heavy highway and heavy civil construction projects with over 16 years of experience specializing in traffic signalization, lighting, and road signing. He supervises and coordinates field construction forces and subcontractors through all phases of construction. He works closely with Ferreira on-site foreman and subcontractors. Jerry also communicates potential change orders to the project manager as soon as they become known. He does this to ensure that a given job remains within budget and on time. As the primary on-site construction point -of -contact for Ferreira, Jerry often manages and communicates client concerns, problems, or complaints on assigned projects. This role also requires him to conduct in-house inspections with subcontractors to verify work and challenge quality prior to releasing them from the site. Through Mr. Stines extensive experience, he has developed an unparalleled understanding of blueprints, construction methods, and all construction codes as affected by state and local ordinances, making him a key player and asset to the Ferreira team. Professional Experience Ferreira Construction Co., Inc. (2019 -Present:) Mr. Stine serves as the Solar, Signal & Lighting Superintendent for Ferreira Construction Southern Division Co., Inc. His extensive background has allowed him to gain valuable experience supervising projects which include roadway lighting, high mast lighting, duct bank and electrical bridge systems. Valiant Power South, LLC (2015-2019) Sola, Signal & Lighting Superintendent The Signal Group, Inc. (2002-2015) Area Superintendent Achievements: • Supervised construction activities in Martin, St Lucie, Indian River and Brevard County SGI Offices • Assisted expanding the SGI fleet and personnel to maintain and operate area facility and warehouse • Expanded in-house training programs for signalization, safety and operational management requirements and supervised four county maintenance contracts Key Proiects Solar, Traffic Signalization, Signing and Highway Lighting Systems • FCC Coleman Solar Photovoltaic Project, Federal Correctional Complex of Coleman, FL • Crosstown Parkway Corridor, Segments IV, and V for the City of Port St Lucie • Becker Rd Interchange for the City of Port St Lucie • Jensen Beach Causeway • Ernest Lyons Bridge • US 1 Improvements throughout Martin County Intelligent Transportation Systems • SR 5 (US Highway 1) in Vero Beach for the FDOT • Master Maintenance for ITS Systems for the City of Port St. Lucie • I-95 Express Lanes Certifications/Trainine IMSA Work Zone Safety Specialist IMSA Traffic Signalization Technician Level III Palm Beach County Traffic Signalization Level I ATSSA Advanced Work Zone Traffic Control Fall Protection/Aerial Lift and Powered Industrial Forklift SGI Crane Operation and Safety OSHA 10 Hour Construction Outreach FERREIRA Professional Summary Robert McIntosh PROJECT MANAGER Mr. McIntosh has over 15 years of experience in the construction industry. Rob has managed various heavy civil, roadway and utility construction projects in both the private and public - sector. In the past 5 years Rob worked predominantly on Florida Department of Transportation; roadway, lighting, and signalization projects. He recently managed the installation of over 200 light poles on 195 (T4489) SR 9, Martin County valuing over 6 million dollars. Rob's management skills allow him to react expeditiously to unforeseen challenges that can impact a project. He is able to mitigate issues quickly and efficiently due to his experience working on complex projects with unique challenges such as, atypical weather, challenging environmental health and safety conditions, labor challenges, and complex project sequencing and scheduling. Rob's ability to communicate effectively and his extensive experience assures that each project reflects Ferreira's highest standards of quality and safety while maintaining compliance with all applicable FDOT and government standards while remaining within budget and completing on time. Highlighted below are just some of the many skills Rob possesses to ensure the highest standards of quality on each project: • Project bid cost estimating, scope of work comprehension and specification -plan review and understanding. • Labor -equipment -material determination, ordering, and management. • Subcontractor and vendor assignment, coordination, and management. • Logic -sequence scheduling. • Safety guidance, oversight, and maragement. • Project preparation. • Labor -material -equipment selection. • Scope of work execution management including budget management, schedule management, labor -equipment -material management, and contractual -regulatory and safety compliance. Project demobilization and closeout. Professional Experience Ferreira Construction Southern Division Company Inc. (2019 -Present). As Project Manager Mr. McIntosh manages all phases of Utility, Street Lighting, Signalization and Civil Construction. Rob has exceptional leadership, communication, and interpersonal skills. He is reliable and organized with an ability to work independently and as part of the team to ensure the project is completed on time and on budget. FERREIRA Valiant Power South (2016- 2019) As Project Manager, Rob McIntosh oversaw multiple projects at a time. Placing the highest importance on maintaining compliance with applicable FDOT and government standards, quality control, budget, safety, and timeline requirements. Rosso Site Development (2015-2016) As Project Manager Mr. McIntosh oversaw heavy civil and site development improvement projects including Gramercy Park, Jonathan Dickson Trail Improvements. Rob developed and implemented key project management procedures ensuring better project safety and quality control. Signal Group Inc (2014- 2015) As Contract Manager and Construction Coordination Mr. McIntosh oversaw the contract review process, handling bonds, certificate of insurance and notice of intents for the entire company. In Addition, Rob's skill and prior experience lead him into construction coordination where he projects timelines for materials, schedule and arranged subcontractors and ensured testing and communicated with owners for project updates. M Squared Construction (2006-2014) As owner Mr. McIntosh was responsible for all the company's operations including bidding projects, operating equipment, and project management. Education. Bachelor of Science Construction Management Associate in Independent Studies Training/Certification OSHA 30 MOT Advance Training IMSA Traffic L (II) NPDES Storm water DIVISION OF CORPORATIONS r tl r 1 r f(lfl:j((if i qj org flit ,Withd �effffe 0 i IIf'11!/o 11 Ot,ur pgoartment of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation FERREIRA CONSTRUCTION SOUTHERN DIVISION CO. INC. Cross Reference Name FERREIRA CONSTRUCTION CO. INC. Filing Information Document Number F04000001981 FEI/EIN Number 22-3334957 Date Filed 04/09/2004 State NJ Status ACTIVE Princieal Address 31 TANNERY ROAD BRANCHBURG, NJ 08876 Changed: 01/09/2007 Mailing Address 31 TANNERY ROAD BRANCHBURG, NJ 08876 Changed: 01/09/2007 Registered gent Name & Address FERREIRA, NELSON 600 OCEAN DRIVE UNIT #7A JUNO BEACH, FL 33408 Address Changed: 01/05/2021 Officer/Director Detail Name & Address Title President FERREIRA, NELSON 600 Ocean Drive Unit #7A Juno Beach, FL 33408 Title SR VP GARCIA, DICTINIO 17 FRANCIS DRIVE HILLSBOROUGH, NJ 08844 Title SEC, TREASURER PACHECO, LOU 197 CAROL JEAN WAY BRANCHBURG, NJ 08876 Title SR VP DELPOME, BRIAN 124 PATRICK AVE EMERSON, NJ 07630 Title VP GROARK, THOMAS J 15 RIDGECREST NORTH SCARSDALE, NY 10583 Title SR VP VLIET, NANCY 19 Thomas Rd Glen Gardner, NJ 08826 Title Sr. Vice President/ CFO Killian, Jerome 30 Horseshoe Dr Hillsborough, NJ 08844 Title VP CIABATTARI, JOHN 1654 SW Foxpoint Trail PALM CITY, FL 34990 Title VP GARCIA, DANNY 9804 SW 161 PLACE MIAMI, FL 33196 Title VP HIGGINBOTHAM, ROBERT 12362 152nd St N JUPITER, FL 33478 Title Professional Surveyor Lee, Joshua R 1218 Georgia Ave West Palm Beach, FL 33401 nnu I Re o s Report Year Filed Date 2021 01/05/2021 2021 03/10/2021 2021 04/23/2021 Document Images 04/23/2021 — AMENDED ANNUAL REPORT View image in PDF format 0311Q/2021 — AMENDED ANNUAL REPORT View image in PDF format 01/05/2021 — ANNUAL REPORT View image in PDF format 01/13/2020 — ANNUAL REPORT View image in PDF `ormat 05/07!2019 — AMENDED ANNUAL REPORT View image in PDF format 01103/2019 — ANNUAL REPORT View image in PDF format 01/03/2018 — ANNUAL REPORT View image in PDF format 01/12/2017 — ANNUAL REPORT View image in PDF format 01/13/2016 — ANNUAL REPORT View image in PDF format 01/Q6/2015 — ANNUAL REPORT View image in PDF format 01/08/2014 — ANNUAL REPORT View image in PDF format 01/04/2013 — ANNUAL REPORT View image in PDF format 01/03/2012 — ANNUAL REPORT View image in PDF fcrmat 01105%1011 —ANNUAL REPORT View image in PDF format Q2/2512010 —ANNUAL REPORT View image in PDF format 01/05/2010 —ANNUAL REPORT View image in PDF format 0110912009 — ANNUAL REPORT View image in PDF format 01/02/2008 —ANNUAL REPORT View image in PDF format 01109/2007 —ANNUAL REPORT View image in PDF format 03/07/2006 — ANNUAL REPORT View image in PDF format 01/10/2005 — ANNUAL REPORT View image in PDF format 04/09/2004 — Foreign Profit View image in PDF format Florida Dapa trent. of S ats, Division of Corporations er�F Company ID Number: 798869 Approved by: Employer Ferreira Construction Co.,lnc. Name (Please Type or Print) Title Warren J Clark Signature Date Electronically Signed 07/17/2014 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division ignature Date Electronically Signed 07/22/2014 Page 13 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 �-VeriW Company ID Number: 798869 Information Required for the E -Verify Program Information relating to your Company: Company Name Ferreira Construction Co.,Inc. Company Facility Address 31 Tannery Road Branchburg, NJ 08876 Company Alternate Address County or Parish HUNTERDON Employer Identification Number 223334957 North American Industry Classification Systems Code 237 Parent Company Number of Employees 100 to 499 Number of Sites Verified for 4 Page 14 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 798869 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: CALIFORNIA 1 site(s) FLORIDA 1 site(s) NEW JERSEY 1 site(s) NEW YORK 1 site(s) Page 15 of 17 E -Verify MOU for Employers i Revision Date 06/01/13 Company ID Number: 798869 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Warren J Clark Phone Number (908) 534 - 8655 Fax Number (908) 534 - 8656 Email Address wclark@ferreiraconstruction.com Page 16 of 17 E -Verify MOU for Employers i Revision Date 06/01;':3 CORPORATE RESOLUTION UNANIMOUS WRITTEN CONSENT OF THE DIRECTORS OF FERREIRA CONSTRUCTION CO., INC. IN LIEU OF A MEETING The undersigned, being the sole Director of FERREIRA CONSTRUCTION CO., INC. a New Jersey corporation (the "Corporation"), pursuant to the provisions of Section 14A:6-16, Corporations, General of the New Jersey Statutes, hereby consents in writing to the adoption of, and does hereby adopt, the following resolutions, to be effective as though adopted by the directors of the Corporation at a meeting duly called and held: LET IT BE RESOLVED, that the following persons are officers of the Corporation, the same to serve at the pleasure of the Board: President: Nelson Ferreira Sr. Vice President/ CFO: Jerry Killian Sr. Vice President: Dictinio Garcia Sr. Vice President: Nancy Vliet Sr. Vice President of Field Operations: Brian Delpome Vice President of NY Operations: Tom Groark Vice President of Stuart, Florida Operations: John Ciabattari Vice President of Medley, Florida Operations: Danny Garcia Vice President of Ferreira Coastal Operations: Brandon Pensick Vice President of Electrical, Southern Division: Robert Higginbotham Chief Operating Officer of Ferreira Northeast Coastal Operations: Al Marsocci Secretary/Treasurer: Luis Pacheco Professional Surveyor: Joshua R. Lee LET IT BE FURTHER RESOLVED, the officers of Ferreira Construction Co., Inc. have authority to sign all contracts and bind the corporation. IN WITNESS WHEREOF, I have set my hand on this 15th day of March, 2021, 31 Tannery Road, Branchburg, NJ 08876 Phone: (908) 534-8655 Fax: (908) 534-8656 www.ferreiraconstruction.com An Equal Opoortunity Employer N 3 s FERREIRA CONSTRUCTION COMPANY, INC., AND SUBSIDIARY FINANCIAL REPORT DECEMBER 31, 2020 Cecilia Rose Hein $V014 NOTARY PUBLIC STATE OF FLORIDA Co un# GG343610 Expires 6/29/2023 FERREIRA CONSTRUCTION COMPANY, INC., AND SUBSIDIARY TABLE OF CONTENTS INDEPENDENT AUDITORS' REPORT FINANCIAL STATEMENTS AS OF AND FOR THE YEAR ENDED DECEMBER 31, 2020 Consolidated Balance Sheet Consolidated Statement of Income Consolidated Statement of Changes in Equity Consolidated Statement of Cash Flows Notes to Consolidated Financial Statements Page 1-2 6 7-21 A� WISS INDEPENDENT AUDITORS' REPORT Stockholder of Ferreira Construction Company, Inc., and Subsidiary Branchburg, New Jersey We have audited the accompanying consolidated financial statements of Ferreira Construction Company, Inc., and Subsidiary (the "Company") which comprise the consolidated balance sheet as of December 31, 2020 and the related consolidated statement of income, changes in equity and cash flows for the year then ended and the related notes to the consolidated financial statements. Management's Responsibility for the Consolidated Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these consolidated financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. WISS & COMPANY, LLP 14 Penn Plaza, Suite 1010 100 Campus Drive, Suite 400 5 Bartles Corner Road New York, NY 10122 Florham Park, NJ 07932 Flemington, NJ 08822 212.594.8155 973.994.9400 908.782,7300 Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Ferreira Construction Co., Inc., and Subsidiary as of December 31, 2020, and the results of its operations and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. "A, CV WISS & COMPANY, LLP Florham Park, New Jersey March 29, 2021 FERREIRA CONSTRUCTION COMPANY, INC. AND SUBSIDIARY CONSOLIDATED BALANCE SHEET DECEMBER 31, 2020 ASSETS CURRENT ASSETS: Cash Bond escrow Contract receivables, including retentions of $18,630,932 less allowance for doubtful accounts of $243,600 Costs and estimated earnings in excess of billings on uncompleted contracts Investment in joint ventures Due from related parties Prepaid expenses and other current assets Total Current Assets PROPERTY AND EQUIPMENT, NET LONG-TERM ASSETS: Deposits Due from related parties Due from affiliate Investment at cost Investments on the equity method Total Long -Term Assets LIABILITIES AND EQUITY CURRENT LIABILITIES: Long-term debt, current maturities (net of current unamortized debt issuance costs of $181,092) Accounts payable, including retentions of $8,153,989 Accrued expenses and other current liabilities Current portion of deferred social security taxes - CARES act Billings in excess of costs and estimated earnings on uncompleted contracts Due to related parties Due to affiliate Total Current Liabilities LONG-TERM LIABILITIES: Deferred social security taxes - CARES act, less current portion Main street loan (net of unamortized debt issuance costs of $565,656) Long term debt, less current maturities (net of unamortized debt issuance costs of $71,187) Total Long -Term Liabilities COMMITMENTS AND CONTINGENCIES EQUITY: Common stock, stated value of $71.56 per share, 100 shares authorized, issued and outstanding Additional paid -in capital Retained earnings Total Equity See independent auditors'report on supplementary information. $ 5,513,652 1,049,500 62,370,079 17,629,038 1,944,194 2,876,297 1,473,434 92,856,194 62,439,213 490,254 3,921,924 350,000 2,351,171 7,568,960 14,682,309 $ 169,977,716 $ 7,217,693 49,571,785 2,991,567 1,939,490 13,439,565 185,097 113,500 75,458,697 1,939,492 34,732,945 20,211,439 56,883,876 7,156 10,363,715 27,264,272 37,635,143 $ 169,977,716 FERREIRA CONSTRUCTION COMPANY, INC. AND SUBSIDIARY CONSOLIDATED STATEMENT OF INCOME YEAR ENDED DECEMBER 31, 2020 REVENUES EARNED COSTS OF REVENUES GROSS PROFIT GENERAL AND ADMINISTRATIVE EXPENSES INCOME FROM OPERATIONS OTHER (EXPENSES) INCOME: Loss on sale of equipment Loss on equity investment Interest income Tax penalties Loss on claim settlement Impairment loss on investment Interest expense Interest expense - deferred financing costs CONSOLIDATED NET INCOME See independent auditors'report on supplementary information. $ 391,172,712 349,046,090 42,126,622 27,261,260 14,865,362 (270,194) (6,262) 16,017 (300,000) (5,468,820) (1,000,000) (2,679,822) (206,675) (9,915,756) $ 4,949,606 FERRE IRA CONSTRUCTION COMPANY, INC. AND SUBSIDIARY CONSOLIDATED STATEMENT OF CHANGES IN EQUITY YEAR ENDED DECEMBER 31, 2020 See independent auditors'report on supplementary information. 5 Additional Common Paid In Retained Stock Capital Earnings Total BALANCE, DECEMBER 31, 2019 $ 7,156 $ 9,039,820 $ 22,986,016 $ 32,032,992 Consolidation of related party subsidiary (Note 20) - 1,323,895 - 1,323,895 Distributions - - (671,350) (671,350) Consolidated net income - - 4,949,606 4,949,606 BALANCE, DECEMBER 31, 2020 $ 7,156 $ 10,363,715 $ 27,264,272 $ 37,635,143 See independent auditors'report on supplementary information. 5 FERREIRA CONSTRUCTION COMPANY, INC. AND SUBSIDIARY CONSOLIDATED STATEMENT OF CASH FLOWS YEAR ENDED DECEMBER 31, 2020 CASH FLOWS FROM OPERATING ACTIVITIES: Consolidated net income $ 4,949,606 Adjustments to reconcile consolidated net income to net cash flows from operating activities: (1,072,713) Depreciation 7,449,970 Interest expense relating to deferred financing costs 206,675 Accrued interest - main street loan 450,677 Loss on claim settlement 5,468,820 Impairment loss on investment 1,000,000 Loss on sale of equipment 270,194 Loss on equity investment 6,262 Provision for bad debts 224,484 Equity in earnings of joint venture, net (4,952,086) Distributions from joint venture 3,930,000 Changes in operating assets and liabilities: Repayments of long-term debt Contract receivables (4,048,006) Costs and estimated earnings in excess of billings on uncompleted contracts (5,905,920) Prepaid expenses and other current assets (260,765) Deposits (70,170) Accounts payable 642,526 Deferred social security taxes - CARES act 3,878,982 Accrued expenses and other current liabilities (250,230) Billings in excess of costs and estimated earnings on uncompleted contracts 8,928,963 Net cash flows from operating activities 21,919,982 CASH FLOWS FROM INVESTING ACTIVITIES: Purchases of property and equipment (1,072,713) Proceeds from sales of equipment 1,150,930 Advances from stockholder 292,046 Advances to affiliate (275,000) Repayments from related parties 718,832 Net cash flows from investing activities 814,095 CASH FLOWS FROM FINANCING ACTIVITIES: Repayments on notes payable - lines of credit (7,171,528) Repayments of long-term debt (9,579,533) Advances to affiliates (100,000) Advances to related parties (406,995) Distributions to stockholder (671,350) Net cash flows from financing activities (17,929,406) NET CHANGE IN CASH 4,804,671 CASH, BEGINNING OF YEAR (Note 20) 708,981 CASH, END OF YEAR $ 5,513,652 SUPPLEMENTAL CASH FLOW INFORMATION: Interest paid $ 4,439,221 Income taxes paid $ 51,160 Schedule of Non-cash Financing Activities: Investment in subsidiary $ 1,323,895 Payoff bank equipment loan with main street proceeds $ 5,543,289 Payoff line of credit with main street proceeds $ 28,681,949 Notes issued for purchase of property and equipment $ 8,842,711 See independent auditors'report on supplementary information. FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 1- Nature of the Business and Summary of Significant Accounting Policies: Nature of the Business - Ferreira Construction Company, Inc. (the "Company") is engaged primarily in heavy civil and utility company / energy related construction performed for various public agencies and commercial owners primarily in the New Jersey / New York / New England area, as well as Florida and California. The Company also participates in joint ventures to perform contract work. Contract work is performed under fixed price and unit price contracts. Contracts typically range in duration from a few months to two years. The Company also provides construction management services. Ferreira Power West, LLC ("Subsidiary') - wholly-owned subsidiary who performs utility grade electrical work primarily in the state of California. See Note 20. Principles of Consolidation - The consolidated financial statements include the accounts of the Company and its wholly-owned Subsidiary. The financial position and results of operations presented in the accompanying consolidated financial statements do not represent those of a single legal entity. All significant intercompany transactions and accounts have been eliminated in consolidation. Estimates and Uncertainties - The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results, as determined at a later date, could differ from those estimates. Revenue Recognition: Policy - The Company derives revenue from long-term construction contracts with public and private customers in the United States. The Company's construction contracts are generally each accounted for as a single unit of account (i.e., as a single performance obligation). The Company has the following types of revenue streams: percentage of completion (fixed price and cost plus fee), and reimbursable and time and material (unit price/work order). For the percentage of completion contracts, the Company recognizes revenues with the continuous transfer of control to the customer using the cost -to -cost input method. The Customer typically controls the asset under construction by either contractual termination clauses or by the Company's rights to payments for work already performed on the asset under construction that does not have an alternative use for the Company. Because control transfers over time, revenue is recognized to the extent of progress towards completion of the performance obligations. The cost -to -cost method measures progress toward completion for each performance obligation based on the ratio of costs incurred to date to the total estimated costs at completion for the respective performance obligation. Incurred costs represent work performed, which corresponds with, and thereby best depicts, the transfer of control to the customer. Contract costs include all direct material, subcontractor, equipment rental and usage and labor costs, and allocated indirect costs. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. The Company recognizes revenue over time for reimbursable and time and material contracts since the customer simultaneously receives and consumes the benefit of those services as the Company performs work under the contract. As a practical expedient allowed under the revenue accounting standards, the Company records revenue for these contracts in the amount for which they have a right to invoice for the services performed provided that they have a right to consideration from the customer in an amount that corresponds directly with the value of the performance completed to date. FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Due to the nature of the work required to be performed on many of the Company's fixed price contracts, estimating total revenue and cost at completion is complex, subject to variables and requires judgment. The most material estimate involved in the revenue recognition process is management's estimated costs to complete contracts in progress. Due to uncertainties inherent in the estimation process, it is possible that actual completion costs may vary from estimates. Assumptions about future events and the likelihood and amount of variable consideration are made during the contract performance period. The Company estimates variable consideration at the most likely amount it expects to receive. The Company includes estimated amounts in the transaction price to the extent it is probable that a significant reversal of cumulative revenue recognized will not occur when the uncertainty associated with the variable consideration is resolved. Estimates of variable consideration and determination of whether to include estimated amounts in the transaction price are based largely on an assessment of anticipated performance and all information (historical, current and forecasted) that is reasonably available to management. The Company typically invoices customers with payment terms of net due in 30 days. In most instances, the Company receives payment within 30 to 90 days of the date of the invoice. The Company has elected the practical expedient to not adjust the contract price for the effects of a significant financing component where, at contract inception, the period between performance and customer payment will be one year or less. Disaggregation of Revenue - The below types of contracts best depict the nature, amount and uncertainty of revenue and cash flows of the Company: Tunes of Contracts: Fixed price -Fixed price or lump sum contracts generally commit the Company to provide all of the resources required to complete a project for a fixed sum. Billings on fixed price contracts are typically based on estimated progress against predetermined contractual milestones. On this type of contract, there is less uncertainty as the contract price is set at the beginning of the project based on a defined scope of work. Cost plus fee - Cost plus fee contracts include cost plus fixed fee contracts and cost plus award fee contracts. Cost plus fixed fee contracts provide for reimbursement of approved project costs plus a fixed fee. Cost plus award fee contracts provide for reimbursement of the project costs plus a base fee, as well as an incentive fee based on cost and/or schedule performance. Billings on cost plus fee contracts typically occur on a monthly basis based on actual costs incurred plus a negotiated margin. On this type of contract, there is less uncertainty as to the contract value as it's based on the amount of costs incurred plus an agreed upon fee. Unit price / Work order - Unit price / work order contracts generally commit the Company to provide an estimated or undetermined number of units or components that comprise a project at a fixed price per unit. Billings on unit price contracts typically occur on a daily or work order specific basis and are based on actual quantity of work performed or completed during the billing period. The Company elects the practical expedient for revenue recognition purposes on this type of contract. There is inherent uncertainty as to the final contract value as the contract value is based on actual units installed, up to the maximum dollar value of the purchase order or blanket contract issued. FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Operating Cycle - Assets and liabilities related to long-term contracts are included in current assets and current liabilities in the accompanying balance sheet, as they will be liquidated in the normal course of contract completion, although this may require more than one year. Contract Receivables - Contract receivables are recorded when billed based upon contracted prices. Management periodically reviews the outstanding contract receivables and writes off amounts deemed to be uncollectible. An allowance for uncollectible contract receivables is recorded based on the financial condition of the specific customer, historical experiences and with consideration of specific receivables that management believes may not be collectible. Management has determined that an allowance for doubtful accounts of $243,600 is necessary at December 31, 2020 for contract receivables billed. Management continues to pursue collection for these accounts receivable through legal and other means. Deferred Financing Costs - Costs relating to refinancing the Company's term loans and line of credit are netted against the related long-term debt and amortized over the term of the related debt. Accumulated amortization at December 31, 2020 was $76,156. Amortization of deferred financing costs charged to interest expense was $206,675 for the year ended December 31, 2020. Joint Ventures - The Company has interests at December 31, 2020 in four joint ventures, which were formed to perform construction work on specific contracts. At December 31, 2020, the work under one joint venture is substantially complete, one joint venture is pursuing new work, while the other two are in progress. The joint ventures are organized as partnerships. The Company's ownership in these joint ventures is generally 50%. The Company accounts for the joint ventures using the equity/proportional consolidation method. Under this method, the investment is reflected as a line item in the balance sheet (Investment in joint venture) and the Company's proportional share of revenues and costs is included in each category in the statement of income. Investments on the Equity Method - Investments on the equity method are accounted for at acquisition cost adjusted by distributions and changes in earnings of the Company's share of the equity investment. Investments at Cost - The Company's investments consist of preferred stock which is carried at its cost basis, as there are not active markets for these securities. Management has determined that it is not practicable to estimate fair value of its investments. Investments that are valued at cost are adjusted when there is either observable price changes or impairments. There were no observable price changes as of December 31, 2020. An impairment loss was recorded during the year ended December 31, 2020, see Note 4. Property and Equipment - Property and equipment are stated at cost. Cost of repairs and maintenance are charged to expense as incurred and improvements are capitalized. Depreciation is provided using the straight-line method over the estimated useful lives of the related assets which range from 3 to 40 years. Long -Lived Assets - The Company evaluates all long-lived assets for impairment. Long-lived assets are evaluated for impairment whenever events or changes in circumstances indicate the carrying value of an asset may not be recoverable. If the carrying value is not fully recoverable, an impairment loss is recognized to reduce the carrying amount to fair value, and is charged to expense in the period of impairment. At December 31, 2020, management has determined these assets are not impaired. Paycheck Protection Progrann ("PPP'9 Loan - The Company's policy is to account for the PPP loan as deferred revenue. The Company has met the criteria to account for the loan as deferred revenue and has recorded the amount net of costs of construction and general and administrative expenses on a systematic basis over the period in which the Company incurred eligible expenses under the Coronavirus Aid, Relief, and Economic Security Act ("CARES") act. As of December 31, 2020, the Company amortized $539,300, through a reduction of costs of construction for $269,650 and a reduction of general and administrative expenses FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (salaries) of $269,650. The amount recorded represents 100% of the amount borrowed. The Company has considered the impact of future governmental audits and the related impact of the income recorded and has adequate documentation to support this conclusion. In addition, the Company has elected under the CARES act to defer the employer portion of the FICA tax that was payable through December 31, 2020. Under the deferral, the Company will pay the deferred amounts at 50% on December 31, 2021 and 50% on December 31, 2022. Concentration of Credit Risk - Cash balances are maintained in financial institutions which are insured by the Federal Deposit Insurance Corporation up to $250,000 each for interest bearing accounts and unlimited for non-interest bearing accounts. At times, such balances may be in excess of the FDIC insurance limit. Income Taxes - The Company has elected under the Internal Revenue Code and under various states to be taxed as an S Corporation. Under these provisions, all earnings and losses of the Company for Federal and various states income tax reporting purposes are reported on the income tax returns of the shareholder. Accordingly, no provision has been made for Federal income taxes. The Company continues to be subject to various state income taxes at a reduced rate and for New York City income taxes. As of December 31, 2020, income taxes that remain subject to examination are all years after December 31, 2016 for Federal purposes and after December 31, 2016 or 2015 for most state and local income tax jurisdictions, except for Rhode Island which is after December 31, 2017. Change in Accounting Principle - The Company has elected to early adopt ASU 2018-17, Targeted Improvements to Related Party Guidance for Variable Interest Entities. This update allows private companies to elect to not apply VIE guidance to legal entities under common control if both the parent and legal entity being evaluated for consolidation are not public business entities. See Note 2. Recent Accora:ting Pronouncements - In February 2016, the FASB issued ASU No. 2016-02, "Leases (Topic 842)," which replaces the existing guidance in ASC 840 — Leases. This ASU requires a dual approach for lessee accounting under which a lessee would account for leases as finance leases or operating leases. Both finance leases and operating leases will result in the lessee recognizing a right -of -use asset and a corresponding lease liability. For finance leases, the lessee would recognize interest expense and amortization of the right -of -use asset and for operating leases, the lessee would recognize a straight-line total lease expense. This ASU is effective for fiscal years beginning after December 15, 2021. The requirements of this standard include a significant increase in required disclosures. The Company is currently evaluating the impact of this adoption on its consolidated financial statements. Subsequent Events - Management has reviewed and evaluated all events and transactions from December 31, 2020 through March 29, 2021, the date that the financial statements were available for issuance. The effects of those events and transactions that provide additional pertinent information about conditions that existed at the balance sheet date, have been recognized in the accompanying financial statements. In March 2020, the World Health Organization declared a novel strain of coronavirus ("COVID-19") a global pandemic which caused significant business disruptions in the United States. Additionally, given the uncertainty of any future business disruption relating to another surge of COVID-19 such disruption could have a material adverse effect on the results of operations, financial position and cash flows. Notwithstanding, the Company continues to monitor regional developments and proceeds with proactive strategies to minimize any impact to its current and future operations. 10 FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 2 - Related Party Transactions - Early Adoption of ASU 2018-17: In the prior year, the Company elected to early adopt ASU 2018-17, Targeted Improvements to Related Party Guidance for Variable Interest Entities, which allows private companies to elect not to apply VIE guidance to legal entities under common control if both the parent and legal entity being evaluated for consolidation are not public business entities. The Company leases its office, shop, and storage facility from Tannery Row, LLC and leases its California Office from TAN Ferreira, LLC. These companies are owned by the members of Ferreira Construction Co, Inc., and the leasing transactions qualify the related entity as a VIE. Tannery Row and TAN Ferreira are considered VIEs under generally accepted accounting principles, for which the Company is the primary beneficiary, but are not consolidated in the accompanying financial statements in accordance with the early adoption of this accounting principle. The Company has two additional affiliates, American Pile and Foundation, LLC and Vanguard Energy Partners, LLC, referred to below as the "Pile" affiliate and the "Energy" affiliate, which are not consolidated in accordance with the early adoption of ASU 2018-17. The Pile affiliate and Energy affiliate are under common control and the Company is the primary beneficiary. The Pile affiliate periodically performs work as a subcontractor for the Company. Both affiliates guarantee the Company's line of credit (see Note 14). At December 31, 2020, the following amounts were due from the Pile and Energy affiliates: Balance Sheet Caption Asset (Liability) Due from Affiliate $ 350,000 Due to Affiliate (113,500) Contract Receivables 3,423,791 Accounts Payable (debit) 1,883,783 Net Due from Affiliates $ 5,544,074 Total revenue from the Pile affiliate on work they performed as a subcontractor to the Company were $27,796,772 for the year ended December 31, 2020. The Energy affiliate did not perform any work as a subcontractor for the Company for the year ended December 31, 2020. Note 3 - Fair Value Measurements: Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) 820, "Fair Value Measurements" FASB ASC 820, established a framework for measuring fair value. That framework provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (level I measurements) and the lowest priority to unobservable inputs (level 3 measurements). The carrying amounts of cash and equivalents, accounts receivable and accounts payable included in the accompanying balance sheets approximated fair value at December 31, 2020. These assets and liabilities are not presented in the following tables. The three levels of the fair value hierarchy under FASB ASC 820 are described as follows: Level 1 - Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that the Company has the ability to access. Level 2 - Inputs to the valuation methodology include: 11 FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS • quoted prices for similar assets or liabilities in active markets; • quoted prices for identical or similar assets or liabilities in inactive markets; • inputs other than quoted prices that are observable for the asset or liability; • inputs that are derived principally from or corroborated by observable market data by correlation or other means. Level 3 - Inputs to the valuation methodology are unobservable and significant to the fair value measurement. The asset or liability's fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. Following is a description of the valuation methodologies used for assets and liabilities measured at fair value. There have been no changes in the methodologies used at December 31, 2020. • Investment at cost: Fair value obtained through a discounted cash flow analysis. The preceding methods may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, although management believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the reporting date. The following table sets forth by level, within the fair value hierarchy, the Company's assets and liabilities at fair value as of December 31, 2020: Fair Value Measurements- Non- Recurring: The following non-recurring fair value measurements were done for the investment at cost of Ferreira Construction Company, Inc. due to a $1,000,000 impairment loss during the year ended December 31, 2020, due a change in the expected cash flows from the investment. The Company used a discounted cash flow analysis approach to approximate fair value and utilized a present value rate of 3.25% which is equal to the prime rate at December 31, 2020: Leven Level Level Total Investment at cost, which approximates fair value $ - $ - $ 2,351,171 $ 2,351,171 Note 4 - Investments at Cost and Equity Method: Investments, carried at cost, consist of the following: Preferred stock 12 $ 2,351,171 $ 2,351,171 FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Preferred Stock - Valued at cost. The preferred stock consists of Series A 8% Cumulative Preferred Stock of a technology company. At December 31, 2020, management recorded a $1,000,000 loss on impairment of the investment. Investments, on the equity method, consist of the following: Investment in Partnerships $ 2,019,820 Investment in Somerset Solar I LLC 5.549.140 $ 7,568,960 Investments in Partnerships - Valued under the equity method. The investment in partnership (Investment A) represents the Company's 25% interest in a privately held partnership, which holds land with no activity for the year ended December 31, 2020. The Company invested in a private limited partnership (Investment B) which was formed to acquire middle market assets located in transit -oriented and rich communities with high barriers to entry. Investment A Investment B Totals Equity, beginning of period $ 1,469,820 $ 550,000 $ 2,019,820 Equity, end of period $ 1,469,820 $ 550,000 $ 2,019,820 Investment in Somerset Solar ILL C - The Company holds an investment in Somerset Solar I LLC of which it has a 12.25% ownership interest and has significant influence and a 6.701% profit sharing interest in Somerset Solar I LLC ("SSI"). This investment was transferred to the Company by the Energy Affiliate to satisfy an intercompany loan on December 31, 2017. SSI owns, maintains and operates 34 solar photovoltaic energy systems ("energy systems") with a total energy capacity of 8,083.53kW. These energy systems and generate solar electricity that is sold to 34 governmental host entities located throughout Somerset County, New Jersey. Summary information of SS Ts financial statements as of December 31, 2020 is as follows: Total Assets $ 35,468,769 Total Liabilities $ 6,050,771 Total Members' Equity $ 29,417,998 Revenues $ 2,636,315 Net Loss $ (93,455) Share of Equity $ 5,549,140 Share of Net Loss $ (6,262) Management has evaluated and determined that there is no permanent decrease in value of any of the investments at December 31, 2020. 13 FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Note 5 - Due From Related Parties: The Company has amounts due from related parties which have various repayment schedules and bear no interest. Future cash receipts are due as follows: Year Ending December 31, 2021 $ 2,876,297 2022 1,085,989 2023 734,355 2024 234,363 2025 547,552 Thereafter 1,319,665 $ 6,798,221 Note 6 - Contract Assets and Liabilities: Costs incurred on contracts in progress $ 698,743,974 Estimated gross profit 90,601,161 789,345,135 Less: Billings to date 785,155,662 $ 4,189,473 Included in the accompanying balance sheets under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts Net contract asset (liability) December 31, December 31, 2020 2019 17,629,038 $ 11,723,118 (13,439,565) (4,510,602) $ 4,189,473 $ 7,212,516 Costs and estimated earnings in excess of billings ("contract asset") represent the excess of contract revenue recognized under ASC 606 over amounts billed and are generally classified as a current asset. Billings in excess of costs and estimated earnings ("contract liability") represent the excess of contract billings to date over the amount of contract revenue recognized under ASC 606 to date. The balance may fluctuate depending on the timing of contract billings and the recognition of contract revenue. Retainage receivable ("contract asset') in the amount of $18,630,932 and $13,975,992 as of December 31, 2020 and December 31, 2019 represents amounts invoiced to customers where payments have been partially withheld pending the completion of certain milestones, satisfaction of other contractual conditions or 14 FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS the completion of the project. Retainage agreements vary from project to project and depend on a number of circumstances, such as contract -specific terms, project performance and other variables that may arise as the Company makes progress towards completion. Retainage payable ("contract liability") in the amount of $8,153,989 and $4,944,969 as of December 31, 2020 and December 31, 2019 represents amounts invoiced to the Company by subcontractors where payments have been partially withheld pending the completion of certain milestones, other contractual conditions or upon the completion of the project. Generally, retainage payable is not remitted to subcontractors until the associated retainage receivable from customers is collected. Accrued losses ("contract liabilities") related to uncompleted contracts were $353,366 and $47,315 as of December 31, 2020 and December 31, 2019, respectively. Note 7 - Prepaid Expenses and Other Current Assets: Prepaid insurance $ 487,989 Refundable insurance 446,201 Prepaid software 220,095 Shop supplies 60,000 Insurance escrow 50,000 Cash surrender value of life insurance 42,153 Other 166,996 $ 1,473,434 Note 8 - Property and Equipment: Land $ 5,813,109 Building 2,811,176 Construction equipment 71,164,273 Trucks and small vehicles 45,466,986 Office equipment 1,670,005 Leasehold improvements 1,517,330 Construction in progress 257,093 128,699,972 Less: Accumulated depreciation 66,260,759 $ 62,439,213 Depreciation expense totaled $7,449,970 for the year ended December 31, 2020, of which $6,969,790 was included in Cost of Sales and $480,180 was included in General and Administrative Expenses. Note 9 - Investment in Joint Ventures: The Company is a partner in four joint ventures (two active) that were formed to accomplish specific construction projects. Summary information of the joint ventures as of and for the year ended December 31, 2020 is as follows: 15 FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Total assets $ 8,186,340 Total liabilities 2022 2,292,514 Net assets $ 5,893,826 Revenues $ 42,171,413 Net income $ 9$ 9,816,068 Comaanv's Interest: Equity, beginning of year $ 922,108 Share of net income 4,952,086 Distributions (3,930,000) Equity, end of year $ 1,944,194 Note 10 - Life Insurance: The Company owns a $5,000,000 life insurance policy on its Chief Executive Officer/President. Other current assets includes $42,153 of cash surrender value related to this policy, as of December 31, 2020. Note it - Commitments: The Company has the following operating leases: • Tannery Row, LLC (related party)- month-to-month office and yard lease • TAN Ferreira, LLC (related party)- office and yard lease through March 2027 • Other office and yard leases which expire at various dates through August 2028 Future lease payments are due as follows: Year Ending December 31, 2021 $ 1,054,573 2022 703,512 2023 604,564 2024 500,120 2025 441,333 Thereafter 705,000 $ 4,009,102 Total rent expense on all operating leases totaled $2,344,074 for the year ended December 31, 2020. Note 12 - Contingencies: Litigation - The Company is involved in routine litigation from time to time that arises in the ordinary course of business related to construction. There are no pending significant legal proceedings to which the Company is a party for which management believes the ultimate outcome would have a material adverse effect on the Company's financial position. 16 FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Surety - Many customers, particularly in connection with new construction, require the Company to post performance and payment bonds issued by a financial institution known as a surety. If the Company fails to perform under the terms of a contract or to pay subcontractors and vendors who provided goods or services under a contract, the customer may demand that the surety make payments or provide services under the bond. The Company must reimburse the surety for any expenses or outlays it incurs. To date, the Company is not aware of any losses to its sureties in connection with bonds the sureties have posted on its behalf, and does not expect such losses to be incurred in the foreseeable future. Note 13 - Long-term Debt: Company: Main street priority loan Mortgage note Equipment, truck and vehicle notes Subsidiary: Equipment, truck and vehicle notes Less: Current maturities Unamortized Debt Issuance Interest Rate Loan Balance Cost Net Debt Libor + 3.00% $ 35,450,677 $ 717,732 $ 34,732,945 4.55% 1,973,791 - 1,973,791 Weighted avg 3.94% 24,076,636 100,2032 3,976,433 61,501,104 817,935 60,683,169 Weighted avg 7.17% 1,478,908 62,980,012 7,398,785 $ 55® 581,227 - 1,478,908 817,935 62,162,077 181,092 7,217,693 $ 636,843 $ 54,944,384 Main Street Priority Loan - On August 11, 2020, the Company obtained a Main Street Priority Loan ("Main Street loan") of $35,000,000. The Main Street loan bears interest at LIBOR plus 3.00% (3.209% as of December 31, 2020). Interest for year one is deferred until July 24, 2025 (end of year 5) and capitalized as a part of the loan. At December 31, 2020, deferred interest totaled $450,677 which was added to the original loan balance. The loan is interest only in year 2 which is due in July 2022. Balloon payments of $5,250,000 along with accrued interest for the year is due at the end of year 3 (July 2023) and year 4 (July 2024). The remaining unpaid loan balance of $24,500,000 and accrued interest from year 1 of the loan and from year 5 is due in July 2025. The Company has pledged all assets of the Company as collateral for this loan. The sole shareholder and certain affiliates have guaranteed repayment of this loan. This loan is cross -collateralized and cross -defaulted with the line of credit with the same Bank (see Note 14). The loan is also subject to various debt covenants including financial covenants of a minimum debt service coverage and maximum liabilities to net worth ratios. Mortgage Note - The Company financed the purchase of a building. The mortgage note bears interest at a fixed rate of 4.55% per annum thio May 1, 2027. The mortgage note is payable in monthly installments of $29,606 including interest. The mortgage is collateralized by the land and building and is guaranteed by the sole shareholder. Equipment, Truck and Vehicle Notes - The Company has equipment notes for equipment, trucks and vehicles with various banks, equipment manufacturers and finance companies. These obligations are payable in varying monthly installments through October 2025 and bear interest at rates ranging up to 11.00%. The notes are collateralized by the related equipment. 17 FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Interest expense for the year ended December 31, 2020 totaled $5,096,523 (including amortization of deferred loan costs of $206,625), of which $2,210,076 is included in costs of revenues. Principal amounts at December 31, 2020 are due as follows: Twelve Months Ending December 31, Gross Debt Maturities 2021 $ 7,398,785 2022 7,099,474 2023 11,675,988 2024 10,644,480 2025 25,707,230 Thereafter 454,055 $ 62,980,012 Note 14 - Note Payable - Lines of Credit: Unamortized Debt Net Debt Issuance Cost Maturities $ 181,092 $ 7,217,693 181,092 6,918,382 181,092 11,494,896 176,735 10,467,745 97,924 25,609,306 - 454,055 $ 817,935 $ 62,162,077 The Company has a Bank line of credit under which they can borrow on a revolving basis up to $25,000,000 (with an additional $2,000,000 allowed for letters of credit) at any time through July 2023. The line of credit bears interest at the Wall Street Journal Prime Interest Rate (3.25% at December 31, 2020). There were no outstanding borrowings on the line of credit at December 31, 2020. The Company has pledged all assets of the Company as collateral for this line of credit. The sole shareholder and certain affiliates have guaranteed repayment of this line of credit. This line is cross -collateralized and cross -defaulted with the Main Street Loan held by the same Bank. These loans are also subject to the same debt covenants as the Main Street Loan. The Company has two equipment lines of credit totaling $8,500,000 with banks under which the Company can finance equipment purchases. These lines will be secured by the underlying equipment that is financed with each line of credit. The lines are available through June and September 2021 at which time the line of credit will be termed out on a fully amortized basis over 5 years at a fixed rate. There were no borrowings under these equipment lines of credit at December 31, 2020. Note 15 - Related Party Transactions: The Company has made non-interest bearing advances to various related parties in 2020 and prior years, which are included in due from related parties on the balance sheet (See Note 5). Accounts Receivable as of December 31, 2020 includes $4,654,778 due from related parties. Accounts payable as of December 31, 2020 is net of $2,960,255 due from related parties. During the year ended December 31, 2020, the Company utilized a related party as a subcontractor, of which total costs of $1,103,197 are included in Costs of Construction. Note 16 - Concentrations: Customer Concentrations - One customer accounted for approximately 43% of revenues during the year ended December 31, 2020. One customer accounted for approximately 20% of accounts receivable at December 31, 2020. 18 FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Labor Concentration - The majority of the Company's direct labor is supplied by unions, which have collective bargaining agreements expiring through May 2024. The Company's past experience has been favorable with these unions, however, it is possible that a protracted conflict may occur which could impact the renewal of the collective bargaining agreements. Note 17 - Backlog: Backlog represents the amount of revenue the Company expects to realize from work to be performed on uncompleted contracts -in -progress at period -end and from contractual agreements for work which has not commenced. Total backlog on contracts as of December 31, 2020 is $494,345,475. This backlog does not include work order contracts which the Company performs approximately $50 million annually. Note 18 - Benefit Plans: Non -Union - The Company participates in a 401(k) / profit sharing retirement plan, which covers eligible non-union employees. The Company matches 100% of the employees' contributions up to 3%, then 50% of the employees' contribution up to an additional 2%. For the year ended December 31, 2020 gross employer contributions were $660,848. No profit sharing contributions are being made to the plan for the year ended December 31, 2020. Multi -Employer Plans - Certain employees of the Company are covered by various union sponsored, collectively bargained, multi-employer pension plans. Contributions are determined in accordance with the provisions of negotiated labor contracts and generally are based on the number of hours worked. Such plans are administered through the unions involved. Under U.S. legislation regarding such pension plans, a company is required to continue funding its proportionate share of a plan's unfunded vested benefits in the event of withdrawal (as defined by the legislation) from a plan or plan termination. The Company may have a potential obligation as a participant. The information required to determine the total amount of the contingent obligation, as well as the total amount of accumulated benefits and net assets of such plans, is not readily available. However, the Company has no present intention of withdrawing from any of these plans, nor has the Company been informed that there is any intention to terminate such plans. Participation in these plans is outlined in the following tables. The EIN / Pension Plan Number column provides the Employer Identification Number (`BIN") and the three -digit pension plan number, if applicable. The most recent Pension Protection Act Zone Status available in 2020 is for the Plan's year-end at December 31, 2019, unless otherwise noted in the below table. Among other factors, generally, plans in the red zone are less than 65 percent funded, plans in the yellow zone are less than 80 percent funded, and plans in the green zone are at least 80 percent funded. The FIP/RP Status Pending / Implemented Column indicates plans for which a funding improvement plan ("FIP") or a rehabilitation plan ("RP") is either pending or has been implemented. The Company is actively assessing the contribution levels for the various plans to ensure sufficient funding of the plans. The multi-employer contributions listed in the table below are the Company's multi-employer contributions made for the year ended December 31, 2020. 19 FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS Heavy and General Laborers' Local Union Local Union 172/472 CA San Diego Laborer Local 89 Excavators Union Local 731 Pension Fund Operating Engineers Local No. 825 Pension Plan Construction Laborers Pension Trust for Southern California Massachusetts Operators Local 4 Mass & North New Laborers Other *Plan year ending June 30, 2020 **Plan year ending August 31, 2020 ***Plan year ending March 31, 2020 22-6032103 ***Green 95-6090541 **Green 13-1809825 Green 22-6033380 *Green 43-6159056 Green 046013863 Green 046128298 Green No Status No No Expiration Date No Pension FIP/RP Company of Collective EIN/Pension Protection Pending Contributions Surcharge Bargaining Pension Fund Plan Number Act Zone Implemented 2020 Imposed Agreement CA IBEW Local 11 95-6392774 *Yellow Yes $ 597,406 No 6/30/2022 CA Operating Engineers W.O.E. Local 12 95-6032478 *Yellow Yes 453,496 No 6/30/2022 Heavy and General Laborers' Local Union Local Union 172/472 CA San Diego Laborer Local 89 Excavators Union Local 731 Pension Fund Operating Engineers Local No. 825 Pension Plan Construction Laborers Pension Trust for Southern California Massachusetts Operators Local 4 Mass & North New Laborers Other *Plan year ending June 30, 2020 **Plan year ending August 31, 2020 ***Plan year ending March 31, 2020 22-6032103 ***Green 95-6090541 **Green 13-1809825 Green 22-6033380 *Green 43-6159056 Green 046013863 Green 046128298 Green No 2,995,633 No No 319,143 No No 545,434 No No 801,490 No No 801,545 No No 532,893 No No 457,473 No 1,427,891 $ 8,932,404 2/28/2022 6/30/2022 6/30/2022 6/30/2023 6/30/2021 6/30/2022 5/31/2024 The Company did not provide contributions that exceeded 5% to any individual plan. Note 19 - Loss on Claim Settlement: In December 2016, the Company purchased certain assets of Marks Brothers, Inc. ("MBP") including certain work in progress. Under the Asset Purchase Agreement ("APA"), MBI made certain representations regarding the status and percentage complete of the contracts. In addition, under the APA, the Company and MBI contractually agreed, among other things, to equally split (50150) the profits or losses on these contracts. As of December 31, 2018, the Company completed all the purchased contracts and incurred a loss of approximately $13,100,000 on one contract and a total loss on all contracts, including a proportional share of general and administration expenses totaling $15,360,000. The loss incurred was a result of the Company having to perform re -work of defective work by MBI, perform work for which MBI was already paid, for extensive cost overruns and delays that the Company was not informed or anticipated at the time it entered the APA. On December 19, 2018, the Company filed a complaint against MBI and its shareholders asserting a claim for breach of contract against MBI for failure to reimburse the Company for its share of the loss incurred on the contracts as contractually required under the APA. In addition, the complaint asserts a claim against MBI and its shareholders for fraudulent transfers, intentional misrepresentations and negligent misrepresentations to recover the total loss incurred by the Company. 20 FERREIRA CONSTRUCTION COMPANY INC., AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS On December 21, 2020, the Company settled this claim for $1,950,000 which resulted in recording a loss on settlement of the claim in the amount of $5,468,820. The bond escrow on the balance sheet of $1,049,500 is an asset the Company was assigned in the settlement of the claim, which is expected to be collected within one year. Note 20 - Contribution of Subsidiary: On April 1, 2020, the shareholder of the Company contributed 100% of the ownership interests of Ferreira Power West, LLC — which then became a wholly owned subsidiary of the Company. The Company applied the guidance from ASC 805-50 since both entities are under common control. The net assets contributed were as follows: Cash $ 39,745 Other current assets 3,807,006 Current assets 3,846,751 Property and equipment, net 1,971,728 Total assets $ 5,818,479 Long term debt, current maturities 367,530 Other current liabilities 1,372,217 1,739,747 Lines of credit 1,438,577 Long term debt, less current maturities 1,316,260 2,754,837 Total liabilities 4,494,584 Member equity 1,323,895 Total liabilities and equity $ 5,818,479 A reconciliation of opening equity under ASC 805-50 is as follows: Retained earnings, December 31, 2019 $ 32,032,992 Consolidation of related party subsidiary 1,323,895 Consolidated retained earnings, December 31, 2019, as adjusted $ 33,356,887 Total consolidated cash as of the beginning of the year of $708,981 includes $39,745 of cash from the related party subsidiary. 21 BOARD OF COUNTY COMMISSIONERS December 14, 2021 Ferreira Construction Southern Division Co. Inc. Attn: Mr. Robert Higginbotham 13000 SE Flora Avenue, Hobe Sound, FL 33455 tgarcia@ferreiraconstruction.com NOTICE OF AWARD Reference: Indian River County Bid No. 2022007 66th Avenue & Sth Street Signalization Improvements Dear Mr. Higginbotham: via Email It is my pleasure to inform you that on December 14, 2021 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 ($694,326.36). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance indicating coverage required by Article 5 of the General Conditions (section 00700 of the bid documents) and Supplemental Conditions (Section 00800 of the bid documents). Certificate(s) must name Indian River County as additional insured and must provide for a 30 day Notice of Cancellation. 4. W-9. 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 December 29, 2021. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of award. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact our office. Sincerely, Jennifer'riyde Purchasing Manager Cc: Project Manager Office of Management and Budget • Purchasing Division 1800 27"' Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140 E-mail: purchasing@ircaov.com SECTION 00520 - Agreement (Public Works) Title Page ARTICLE1 -WORK ............................................................................................................2 ARTICLE2 -THE PROJECT...............................................................................................2 ARTICLE3 - ENGINEER.....................................................................................................2 ARTICLE 4 - CONTRACT TIMES........................................................................................2 ARTICLE 5 - CONTRACT PRICE........................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES............................................................................3 ARTICLE 7 - INDEMNIFICATION........................................................................................4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS.......................................................4 ARTICLE 9 - CONTRACT DOCUMENTS............................................................................5 ARTICLE 10 - MISCELLANEOUS.......................................................................................7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI Agreement (Public Works) REV 04-07 - 00520 - 1 F:\Pub]ic Works\ENGINEERING MIS ION PROJECTS\2002 66th Ave and 8th St Signalizabon\1-Admin\Bids\Bid Documents\DIV 03 Contract Forms -20201002 update.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 Ferreira Construction Southern Division Co. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 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 intersection of 66th Avenue and 81h Street consist of the signalization of the intersection by installing mast arm assemblies with all other appurtenances. Also included is milling and resurfacing, signing and pavement markings, and sodding. 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: 66T"AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS County Project Number: IRC -2002 Bid Number: 2022007 Project Address: Intersection of 66th Avenue & 8th Street, Vero Beach, Florida 32968 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 2l calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 Agreement (Public Works) REV 04-07 - 00520 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_3_Contract Forms - 20201002 update.docx of the General Conditions on or before the 120th 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 $1.665.00 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 $1.665.00 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: $ 694,326.36 Written Amount: Six hundred ninety-four thousand, three hundred twenty-six dollars and thirty-six cents ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) Agreement (Public Works) REV 04-07 - 00520 - 3 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_3 Contract Forms - 20201002 update.docx of the payment amounts due to the CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR 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. 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. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of t -ie General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating Agreement (Public Works) REV 04-07 - 00520 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 80- St Signal ization\1-Admin\Bids\Bid Documents\DIV 0_3 Contract Forms - 20201002 update.docx 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 supplemertary 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 theWork or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 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 theWork. K. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration for all subcontractors. 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 00550-11; 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); Agreement (Public Works) REV 04-07 - 00520 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTS0002 66th Ave and 8th St SignalizatJon\1-Admin\Bids\Bid Documents\DIV 0_3 Contract Forms - 20201002 update.docx 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completon (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 00700-37, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-13, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet and sheets numbered 1 through 14, inclusive, with each sheet bearing the following general title: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS; 13. Addenda 1; 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits (no permits required) Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction Appendix D — Subsurface Soil Exploration and Geotechnical Engineering Evaluation 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 16. Bid Bond (page 00430-1); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; Agreement (Public Works) REV 04-07 - 00520 - 6 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th 3t Signalization\1-Admin\Bids\Bid Documents\DIV 0-3—Contract Forms -20201002 update.docx 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 "ereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. Agreement (Public Works) REV 04-07 - 00520 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signaliza1ion\1-Admin\Bids\Bid Documents\DIV 0_3_Contract Forms -20201002 update.dou (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(abircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] Agreement (Public Works) REV 04-07 - 00520 - 8 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St S gnaliza6on\1-Admin\Bids\Bid Documents\DIV 0_3_Contract Forms -20201002 update.dou 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 December 14, 2021 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: t;iY coy"•• INDI RIVER COUNTY By. Gv,, Ater D.By. \v Jas n E Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFF;1jYj:a.&,�17 By: �. Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E., PMP Title: Assistant Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 CONTRACTOR: FERREIRA CONSTRUCTION CO., INC. 41, Robert I -I jinbothamiVice Presidenf S qzr 0d (CORPORATE SEAL) in '' Attest Dan Lewis, Sr. Estimator ` Address for giving notices 13000 SE Flora Avenue Hobe Sound, FL 33455 License No. EC13006679 (Where applicable) Agent for service of process: Robert Higginbotham, VP Designated Representative: Name: Robert Hiaainbotham Title: Vice President Address: 13000 SE Flora Avenue Hobe Sound, FL 33455 Phone: (772) 286-5123 Facsimile: (772)286-5139 (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 I'APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signa1ization\1-Admin\Bids\Bid Documents\DIV 0_3_Contract Forms - 20201002 update.docx FERREIRA CORPORATE RESOLUTION UNANIMOUS WRITTEN CONSENT OF THE DIRECTORS OF FERREIRA CONSTRUCTION CO., INC. IN LIEU OF A MEETING The undersigned, being the sole Director of FERREIRA CONSTRUCTION CO. INC. a New Jersey corporation (the "Corporation"), pursuant to the provisions of Section 14A:6-16, Corporations, General of the New Jersey Statutes, hereby consents in writing to the adoption of, and does hereby adopt, the following resolutions, to be effective as though adopted t;y the directors of the Corporation at a meeting duly called and held: LET IT BE RESOLVED, that the following persons are officers of the Corporation, the same to serve at the pleasure of the Board: President: Nelson Ferreira Sr. Vice President/ CFO: Jerry Killian Sr. Vice President: Dictinio Garcia Sr. Vice President: Nancy Vliet Sr. Vice President of Field Operations: Brian Delpome Vice President of NY Operations: Tom Groark Vice President of Stuart, Florida Operations: John Ciabattari Vice President of Medley. Florida Operations: Danny Garcia Vice President of Ferreira Coastal Operations: Brandon Pensick Vice President of Electrical, Southern Division: Robert Higginbotham Chief Operating Officer of Ferreira Northeast Coastal Operations: Al Marsocci Secretary/Treasurer: Luis Pacheco Professional Surveyor: Joshua R. Lee LET IT BE FURTHER RESOLVED, the officers of Ferreira Construction Co., Inc. have authority to sign all contracts and bind the corporation. IN WITNESS WHEREOF, I have set my hand on this 15th day of March, 2021. 31 Tannery Road, Branchburg, NJ 08876 Phone: (908) 534-8655 Fax: (908) 534-8656 www.ferreiraconstruction.com An Equal Opportunity Employer Indian River County Purchasing Division purchasing@ircgov.com OR10 ADDENDUM NO. 1 Issue Date: November 4, 2021 Project Name: 66th Avenue and 8th Street Signalization Improvements Bid Number: 2022007 Bid Opening Date: Wednesday, November 17, 2021 at 2:00 PM This addendum is being released to provide pre-bid meeting minutes, corrections, or change of the Bid Documents. The information and documents contained in this addendum are hereby incorporated in the invitation to bid. This addendum must be acknowledged where indicated on the bid form, or the bid will be declared non-responsive. Questions and Answers 1. Please provide the Engineer's Estimate for this project. The Engineers Estimate is $539,437.25 (which includes a $50,000.00 force account) Corrections, Change of Bid Documents 1. Added Pay Items: 0682 1133 - ITS CCTV CAMERA, F&I, DOME ENCLOSURE - NON -PRESSURIZED, IP, HIGH DEFINITION. This item is included in the revised Itemized Bid Sheet. 2. Added Pay Item Notes: • 715-5-31 - Luminaires shall be Autobahn Series ATBO, ATBO P304 MVOLT R4 4K GN 20 TB PCLL. • 715-5-31 - contractor shall install an Indian River County furnished luminaire data and installation date label on the bottom of the luminai.-e. • 684-1-1 - managed ethernet switch — Contract Plans, Sheet 8, C.6 correction: "6. IN THE CABINET, DATA CONVERSION WILL BE ACCOMPLISHED WITH EXTREME NETWORKS MODEL 1SW 4-101100P, 2-10/100T, 2-SFP GIGABIT ETHERNET SWITCH OR IRC -APPROVED EQUIVALENT." • 639-1-122 — Electrical power service — Contract Plans, Sheet 9, "Meter Can shall include a meter replacement bypass lever." • 639-1-122 — Electrical power service — add note: Line and load conductors are required to be in a separate pull boxe at the base of the service disconnect. —An additional pull box has been added to the revised Itemized Bid Sheet for Pay Item 635-2-11. Questions that are submitted after November 8, 2021 will not be addressed. Attachments: Meeting Minutes of Pre -Bid Meeting held on 11-03-2021 including Sign -In sheet Revised Itemized Bid Schecule Page 1 of 3 IVE Board of County Commissioners .�' 180127th Street G H .� Vero Beach, Florida 32960-3365 �LOR1oA Telephone: (772) 567-8000 Fax: (772) 778-9391 PRE-BID MEETING MINUTES NOVEMBER 3, 2021, 2:00 P.M. INDIAN RIVER COUNTY ADMINISTRATION BUILDING Room Al -303 Building A 66TH AVENUE AND 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT NO. IRC -2002 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 five (5) working days from issuance of the meeting notes, we will assume that our understandings are correct. The project will move forward according to the bid plans and specifications and the understandings herein. Project Number: IRC -2002 Bid Number: 2022007 INTRODUCTIONS /SIGN IN SHEET: This is the PRE-BID MEETING; This meeting was recorded as part of the project records. PROJECT DESCRIPTION: The proposed improvements to the intersection of 66th Avenue and 8th Street consist of the signalization of the intersection by installing mast arm assemblies with all other appurtenances. Also included is milling and resurfacing, signing and pavement markings, and sodding. CONTRACT DETAILS Bid opening: Wednesday, November 17, 2021 at 2:00 PM Contract time: 90 days to substantial completion 120 days to final completion Estimate: $539,437.25 (includes a $50,000.00 force account) Liquidated Damages: $1,665.00 per day CONTACTS BIDDING PROCESS All communications concerning this bid shall be directed to Indian River County Purchasing Division at purchasing@ircgov.com. PROJECT CONSULTANTS: Mike Foreman, PE Kimley-Horn and Associates, Inc. F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Meetings\PreBid\IRC- 2002 PREBID MIN 20211103.docx Page 2 of 3 UTILITIES AT&T Florida Power and Light, Co. — Distribution Florida Power and Light, Co. —Transmission Indian River County Traffic Operations Indian River County Utilities PROJECT REQUIREMENTS: 0 Bidder must be registered with and use, at their sole expense, the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S.. Owner, Contractor, and Subcontractors may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Contractor is responsible for obtaining proof of E -Verify registration for all Subcontractors. This requirement applies to any provider of services or goods. • Submittals, RFI's and Pay Apps will be submitted via e -Builder, the County's cloud based shared file platform. • Invoicing shall be submitted on monthly basis and must include Consent of Surety, all applicable release of liens, and all other documents as noted in the Contract Documents. • Any change orders, revisions, time extensions and weather days need to be submitted to Indian River County. Weather letters will be issued on a monthly basis. • Summary of required Contractors bid forms can be found on the submittal's checklist (Section 00200, Instructions to Bidders, Article 15 — Submittal of Bid). OTHER ISSUES • Bidders to review plan documents and provide comments to Indian River Purchasing Department as soon as possible. No further comments or questions will be addressed from end of business, November 8, 2021. • NTP will be given when long lead item (such as the mast arms) have been secured and an estimated delivery can be worked into the schedule. • Governing Standards and Specification for this project will be FDOT FY 2020-21, FDOT Standard Specifications for Road and Bridge Construction dated January 2020 and the Indian River County Traffic Signal Specifications. • All testing will be performed per FDOT specifications, this will include asphalt, concrete and the drilled shaft testing installatior:. Contractor will be required to provide FDOT CQTP testing for drilled shafts. • All drilled shaft locations will require a 5 ft hand excavation for utility clearance which shall be performed in advance of the drilled shaft mobilization. • A Drilled Shaft Installation Plan needs to be submitted for approval. • Contractor shall submit material and storage staging area for approval. • All areas disturbed by the Contractor will need to be restored to original conditions or better. • Contractor shall submit a "Hurricane Preparedness" plan prior to Notice to Proceed. • IRC work hours are Monday to Friday from 7:00 AM to 5:00 PM F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Meetings\Pre Bid\IRC- 2002_P R E B I D_M I N_20211103. d o cx Page 3 of 3 Maintenance of Traffic: o Contractor shall submit a Maintenance of Traffic Plan to the Indian River County, Engineering Division for approval o The Maintenance of Traffic Plan shall meet the requirements set forth in the MUTCD & FDOT Index 600, FY2020-2021 Edition and shall be signed and sealed by a Florida PE. o 1 lane of traffic in each direction on 66th Avenue and 8th Street shall be maintained at all times. o Access for school, businesses and residences, school buses, sanitation & US Postal Service and emergency vehicles must be maintained at all times. o Temporary Lane Closures require notice to the IRC traffic department 72 hours in advance and can be conducted between 9 AM and 4 PM. o Detour routes must be developed and signed by a Professional Engineer and approved by the County. There will be an Addendum (that will include the Meeting Minutes) — Bidders to review plan documents and provide comments to Purchasing by end of business November 8, 2021. DISCUSSION • Indian River County will allow work to be performed outside of normal work hours with advanced notice and permission from the County. An inspector will need to be available to work and additional expenses (overtime charges) will be incurred by the Contractor. • The County will adjust the start of the contract time based on the difficulties and the lead time in which the Contractor experiences in obtaining materials and supplies for the project. The County will take inventory of their existing equipment, specifically the traffic controller cabinets, that could be used for this project and make it available to the Contractor, if necessary. In addition, the County could attempt to purchase the equipment and make it available for use by the Contractor. A partial Notice to Proceed for Material expenses will be issued. • The Contractor is required to purchase materials, have it stored and provide a release of lien before the County will reimburse the Contractor. This is per County standards. • An addendum will be issued regarding changes to pay items and equipment and will include the minutes to this meeting. • The pull boxes will require mower aprons. • All electrical grounding shall be done per FDOT. • Meeting adjourned. F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Meetings\PreBid\IRC- 2002 PREBID MIN 20211103.docx PRE-BID MEETING SIGN -IN SHEET 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS IRC PROJECT NUMBER: IRC -2002 Bid Number 2022007 NOVEMBER 3, 2021- 2:00 P.M. NAME COMPANY & ADDRESS PHONE # / FAX # / CELL# EMAIL ADDRESS 1�m1-+ i 1� %�r� 1 -a =C�l+ -17 Z.—ZZ.<v-14t67 Kr1�1=+ G i -qty✓ r�^"1 ✓E�f SVcGRTJ!+rt7i T�t4l(✓IcCo���� �tb� 3�6��ZS^� `,�5���lc�-its.�Co l tv �t �-t ��- Cc'Z�St�it!_E? tur 77 Z � O I.a uoi S PGi nz C0 1S�ruC1-iL''^ G ,.aUTAh ;V,,en-3 r C:\Usmkkevinh\AppDataU.ocal\Mic soft\Windows\INetCache\ContentOudookU.A19BBHL\IRC-2002_PREBIS_SIGNM_20211103.doex PRE-BID MEETING SIGN -IN SHEET 56T" AVENUE & 8T" STREET SIGNALIZATION IMPROVEMENTS IRC PROJECT NUMBER: IRC -2002 Bid Number 2022007 NOVEMBER 3,2021 - 2:00 P.M. NAME COMPANY & ADDRESS PHONE # / FAX # / CELL # EMAIL ADDRESS %i+Shu Geee� �G 1XL �� eucYc rte ov- ca-ett a�� 1 tiZmvsLo:� E;e c 114WZAIS(xY4.fr% = QCGo✓. c'o,41 �� �rh4 2--YcaG�-1 .r.�.. f'vc�+A.i a w•auc-1.loci�.t. {► C:\Users\kevinh\AppData\Local\Microsoft\WindowsUNetCwlwCommtOudook\LAJ9BBHL\IRC-2002 PREBLS_SIGNIN_20211103.docx >~ SECTION 00550 - Notice to Proceed Dated TO: (BIDDER) ADDRESS: Contract For: 6611 --AVENUE & 8m STREET SIGNALIZATION IMPROVEMENTS Project No: IRC -2002 IRC Bid No. 2022007 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 90 calendar days for Substantial Completion of this project and 120 calendar days for Final Completion. In acccrdance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) (AUTHORIZED SIGNATURE) (TITLE) Notice to Proceed REV 04-07 00550 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6th St Signalization\t-Admin\Bids\Bid Documents\DIV 0_3_Contract Forms - 20201002.docx SECTION 00610 - Public Construction Bond INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. Public Construction Bond - 00610 - 1 F1Public WorKs\ENGINEERING DIVISION PROJECTS\2002 beth Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0 3 Contract Forms - 20201002.docx 3120220000320 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL Public Work BK: 3499 PG: 89 Page 1 of 6 1/3/2022 3:18 PM F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 47 -SUR -300088-01-0442 CONTRACTOR NAME: Ferreira Construction Southern Division Co., Inc. CONTRACTOR ADDRESS: 13000 SE Flora Ave., Hobe Sound, FL 33455 CONTRACTOR PHONE NO: 772-286-5123 SURETY COMPANY NAME: Berkshire Hathaway Specialty Insurance Company SURETY PRINCIPAL 1314 Douglas Street, Omaha, NE 68102 BUSINESS ADDRESS: SURETY PHONE NO: 402-346-1400 OWNER NAME: Indian River County Board of County Commissioners OWNER ADDRESS: 1800 27th Street, Vero Beach, FL 3296 OWNER PHONE NO: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: Six hundred ninety-four thousand, three hundred twenty-six dollars and thirty-six cents CONTRACT NO: IRC -2002 (If applicable) DESCRIPTION OF WORK: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT LOCATION: Intersection of 66th Avenue & 8th Street, Vero Beach, Florida 32968 LEGAL DESCRIPTION: (If applicable) FRONTPAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that maybe printed thereon. Public Construction Bond - 00610 - 2 F:%Publtc WorksIENGINEERING DIVISION PROJECTS12002 66th Ave and 81h St Signatirstion5l-AdrNnt3idsWid Documents\DIV 0 3 Contract Forms - 20201002.docx PUBLIC CONSTRUCTION BOND Bond No. 47-SUR=300088-01-0442 (enter bond number) Ferreira Construction Berkshire Hathaway Specialty BY THIS BOND, We Southern Division Co., Inc. as Principal and Insurance Company a corporation, as Surety, are bound to ren„n CnmmoennBoard r herein called Owner, in the sum of $ 694,326.36 , 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 Decembei-14, 2021 between Principal and Owner for construction of 66TH AVENUE 8 8TH STREET SIGNALIZATION IMPROVEMENT Sthe 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. ,aoY formalities connected with the contract or the changes does not affect Surety's obliq�.l:ipd i6n"j'''`•x this bond. r . , , , DATED ON December 16,2821t; Irl. s er eira C Hs ption(�;o t�}�i MSI Coy, Inc. amekf Prin6iR�I�,,'RONW-P 1.39 f) t AV ,lttti�7 Berkshire Hathaway Specialty Ins'raripe,C� ... any,r� , f (Name of Surety) •j��s; r, Public Construction Bond - 00610 - 3 F:Publlc Works\ENGINEERING DIVISION PROJECTSt2002 66th Ave and W St Slgnallzationll-AdrantBidstBid DocumenlslDIV 0 -3 -Contract Forms - 20201002.docx Client#: 353923 FERRECONST ACORD,. CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDr(M) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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, 12/16/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Conner Strong 8 Buckelew CONTACT NAME: Glanna Costello (A//CPHONE Ext: 646-891-4983646-862-8242 v0 "°' 32 Old Slip, Suite 32B E-MAIL ADDRESS: gcostello@connerstrong.com New York, NY 10005 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED Ferreira Construction Co, Inc. dba INSURER B: Endurance American Specialty Ins. Co. 41718 INSURER C: GuideOne National Insurance Company 14334 Ferreira Construction Southern Division INSURER D: Colony Insurance Company 39993 13000 SE Flora Avenue INSURER E: Navigators Insurance Company 42307 Hobe Sound, FL 33455 INSURER F: 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 CONTRACTOR 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 ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MM/DD/YYYXYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fvl OCCUR GLOO19785405 7/01/2021 07/01/2022 EACH �OCCURRENCE s2,000,000 E PREMISES Ea occurrence $1,00 -0,00 -0 - OOO OOOMED MED EXP (Any one person) $101000 PERSONAL &ADV INJURY $2000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY JECOT GENERAL AGGREGATE $4,000,000 LOC PRODUCTS - COMPIOPAGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP019787306 7/01/2021 07/01/202 Ea aB'NEDISINGLE LIMIT 2,000,000 X ANY AUTO SCHEDULED BODILY INJURY (Per person) $ XONLY ONLY AUTOS NON -OWNED X BODILY INJURY (Per accident) $ AUTOS ONLY L__ PROPERTY DAMAGE Per accident $ B LLALIAB X OCCUR EXC30000705503 7/01/2021 07/01/202 EACH OCCURRENCE $3000000 X EXCESS LIAB CLAIMS -MADE AGGREGATE s3,000,000 DED RETENTION $ A WORKERS EMPLOYCOMPENSATION EMPLOYERS' WC019787405 7/01/2021 07/01/202 X PER OTH- AND EMPLOYERS' LIABILITY ANY SIATUTF FR OFFICER/MEMBER EXCLUDED? ECUTIVE� N / A E.L. EACH ACCIDENT $1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Excess Liability 099002088 7/01/2021 07/01/202 $5M OCC. / $5M Agg 01/2021 07/01/202 $5M Occ. / $5M Agg D Excess Liability AR6461134 V01/2021107/01/202 E Excess LiabilityNY21EXCZ02BJWIV $12M OCC. / $12M A gg DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Project Name/Number: FCC 4356 66th Ave Signal Improvements IRC 2002 Indian River County Board of County Commissioners, their officers, agents and employees are Additional Insured on a primary and non-contributory basis on the above referenced Commercial General Liability and Automobile Liability Policies if required by written contract. Excess Liability Policy follow form. A waiver of subrogation applies as required by written contract and permitted by law. Indian River County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1801 27th Street Vero Beach, FL 32960 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S3181072/M2944204 DJU ACKNOWLEDGEMENT OF CONTRACTOR - IF A CORPORATION STATE OF i= for AC\ COUNTY OF MGr�1n ON THE J]DAY OFDeQc n6 ,202-k BEFORE ME PERSONALLY APPEARED N� '0 BE KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS OF Ferreira Construction Southern Division Co., Inc. THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRITTEN ABOVE, Cecilia Rose Hein V," NOTARY PUBLIC Notary Public ~-+STATE OF FLORIDA 3 Comm# GG343610 Expires 6/29/2023 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 16th DAY OF December, 2021 BEFORE ME PERSONALLY APPEARED Krystal L. Stravato TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF Berkshire Hathaway Specialty Insurance Company THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY, THE DAY AND YEAR WRITTEN ABOVE. ,"% i 1 1 i )I 00 Notary Public vo w sa William A. Drayton Jr. Notary Public State of New Jersey MY cofnrrdssion expires Apfil 9,2= $et6hl ireway away Specialty Insuance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY 47 -SUR -300088-01-0442 Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Marisoi Mollca• Kevin T. Walsh, Jr. Thomas MacDonald Krystal L Stravato 100 South Jefferson Road Suite 101, of the city of Whippany State of New Jersey, their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney -in -Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of December 20, 2018. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following signature by an authorized officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, Including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: David Fields, Executive Vice President �n,QEGA(�, (lPOq AY WURETY � WEAL y re,, s° NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President 3, yr O� O�Lo'.r A,POR� SG'A z SURETY" ; r, WURETti n o SEAL �ro � SEAL m ���i�,�41�A, N�44t: �O��hNEG{��j•a�0 NOTARY State of Massachusetts, County of Suffolk, ss: On this 20th day of December, 2018, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] QEOFFERY A.DELISIO Pu Notary Public Commonwealth of Massachusetts My Comm. Expires November 29, 2024 Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this December 16. 2021. sPEcuct �gaPRfFIR r� .y roR`NS4o r, i a 5tnly c�S %a SEAL �FenAsz�Ad' .• q�c�hNEM��s V 7 �� `fir �••-• �•�•,•,�,�;. '� bdltVfl X0 BHSIC, NICO & NLF POA (2018) • BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers, Agents, and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers. Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 LIABILITIES & SURPLUS* 12/31/2020 ADMITTED ASSETS* 12/31/2018 12/31/2020 12/31/2019 12/31/2018 Total invested assets $ 5,475,240,588 $ 5,172,183,338 $ 4,313,185,189 Premium & agent balances (n 603,615,506 368,086,012 301,849,144 All other assets 157,897,676 127,524,677 140,930,406 Admitted Assets $ 6,236,753,770 $ 5,667,794,027 $ 4,755,964,739 LIABILITIES & SURPLUS* 12/31/2020 12/31/2019 12/31/2018 Loss & loss exp. unpaid $ 921,923,948 $ 634,745,558 $ 463,103,223 Unearned premiums 372,836,160 314,117,549 241,835,58§.•""' All other liabilities 1,054,922,210 744,738,458 570,628,148 syr �+t'Y ! d�Y '••, Total Liabilities 2,349,682,318 1,693,601,565 1,275,566,959' ,• c�yb '•. f& Total Policyholders' Surplu: 3,887,071,452 3,974,192,463 3,480,3977 '��'' (? Total Liabilities &Surplus $ 6,236,753,770 $ 5,667,794,028 $ 4,755,964; 3,9 �� '• 1v * Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC s and/or the laws of the company's domiciliary state.,' "'"•,ueaeeeaee�. SECTION 00622 - Contractor's Application for Payment 66TH- AVENUE & 8TH- STREET SIGNALIZATION IMPROVEMENTS Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Project No.: IRC -2002 Bid No.: 2022007 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): 5% 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 71: 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 I'APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_3_Contract Forms - 20201002.docx 2. Updated Construction Schedule per Specification Section 01310. Dated STATE OF FLORIDA COUNTY OF INDIAN RIVER 2 Page 2 of 5 (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared, who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this day of , 20_. (SEAL) Please remit payment to: Contractor's Name: Address: is personally known to me as identification. NOTARY PUBLIC: Printed name: 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signa1ization\1-Admin\Bids\Bid Documents\DIV 0-3—Contract Forms - 20201002.docx Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, ,a corporation, in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary STATE OF FLORIDA COUNTY OF INDIAN RIVER Corporate Surety Business Address BY: Print Name: Title: (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared , to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this day of , 20 Notary Public, State of My Commission Expires: [The remainder of this page was left blank intentionally] Contractor's Application for Partial Payment - 06-09 rev - 00622 - 3 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6th St Signalization\1-Admin0ds\Bid Documents\DIV 0_3_Contract Forms - 20201002.docx Page 4 of 5 CERTIFICATION OF PROJECT MANAGER: 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0-3—Contract Forms - 20201002.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): is Application for Partial Payment - 06-09 rev - 00622 - 5 ion\1-Admin\Bids\Bid Documents\DIV 0-3—contract Forms - 20201002.docx 2 N O O N O U Z � x -O M o m Z .2 U Q' Q) O � L� CL C: N E f4 0 - LU G Q LZ f U W O ry n Q O~ O O o 6H Y 69 69 b9 b9 V F W 2 U � Z Z >- a z F W m Q q Cli I I Icn w z a � o. a Of o LU 0qz v~i d W w a O J q dq qF F W O o 2 � W OU OU cn } a C F Z a p z a z F a O n F Fd F 0 Q O Ci Zn G C .a C Q o O F O O o O a � � F = F- z a M a J F Z Cl)p O O o f oQ > U } W J F- = CL F as z a a c� W c D J c p o O 0 O Q E O O > a 0 W J d U J Q LU a` o J ~ x U '= c m o to c c cn J � C = J O J H 0 _O F U =O N = U Q OQ 0 �' z° PAGE 00622-6 SECTION 00630 - Certificate of Substantial Completion Date of Issuance: 20 OWNER: Indian River County CONTRACTOR: CONTRACT FOR: 66--11 AVENUE & 8--11 STREET SIGNALIZATION IMPROVEMENTS Project No.: IRC -2002 Project Description: The proposed improvements to the intersection of 66th Avenue and Street consist of the signalization of the intersection by installinq mast arm assemblies with all other appurtenances. Also included is milling and resurfacing, signinq and pavement markings and sodding. OWNER's Bid No. 2022007 This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: OWNER And To: CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 30 calendar days of the above date of Substantial Completion. Certificate of Substantial Completion REV 04-07 - 00630 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6th St Signalization\1-Admin\Bids\Bid Documents\DIV o_3_Contract Forms - 20201002.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: M (Authorized Signature) (Date). CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: By: (Authorized Signature) OWNER accepts this Certificate of Substantia Completion on (date). OWNER: INDIAN RIVER COUNTY M (Authorized Signature) * * END OF SECTION * * Certificate of Substantial Completion REV 04-07 - 00630 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 801 St Signalization\1-Admin\Bids\Bid Documents\DIV 0_3_Contract Forms - 20201002.docx SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT NO: IRC -2002 STATE OF _ COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of 20 , enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. The Work is complete and ready for final acceptance by the OWNER. Contractor's Final Certification of the Work - 00632-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_3_Contract Forms - 20201002.docx 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Corporate Seal) (Contractor) Subscribed and sworn to before me this _ day of , 20 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + Contractor's Final Certification of the Work - 00632-2 F:\Public Works\ENGINEERING DIVISION PROJECTS,2002 66th Ave and 8th St Signal ization\1-Adm in\Bids\Bid Documents\DIV 0-3—Contract Forms - 20201002.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: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS PROJECT # IRC -2002 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 - 20201002 - 00634 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and ft St Signalization\1-Admin\Bids\Bid Documents\DIV 03 Contract Forms - 20201002.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 01996 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 General Conditions - 00700 -1 F1Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th SI Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY...............................................................................................................1 1.01 Defined Terms..........................................................................................................................................1 1.02 Terminology..............................................................................................................................................3 ARTICLE 2 - PRELIMINARY MATTERS.................................................................................................................................4 2.01 Delivery of Bonds.....................................................................................................................................4 2.02 Copies of Documents.............................................................................................................................4 2.03 Commencement of Contract Times; Notice to Proceed...................................................................4 2.04 Starting the Work.....................................................................................................................................4 2.05 Before Starting Construction.................................................................................................................4 2.06 Preconstruction Conference..................................................................................................................5 2.07 Initial Acceptance of Schedules............................................................................................................5 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE......................................................................5 3.01 Intent..........................................................................................................................................................5 3.02 Reference Standards..............................................................................................................................5 3.03 Reporting and Resolving Discrepancies.............................................................................................6 3.04 Amending and Supplementing Contract Documents.......................................................................6 3.05 Reuse of Documents..............................................................................................................................6 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS....................................................................................................................................................................6 4.01 Availability of Lands.................................................................................................................................6 4.02 Subsurface and Physical Condibons...................................................................................................7 4.03 Differing Subsurface or Physical Conditions......................................................................................7 4.04 Underground Facilities............................................................................................................................8 4.05 Reference Points.....................................................................................................................................8 4.06 Hazardous Environmental Condition at Site.......................................................................................9 ARTICLE5 - BONDS AND INSURANCE................................................................................................................................10 5.01 Performance, Payment, and Other Bonds..........................................................................................10 5.02 Licensed Sureties and Insurers............................................................................................................10 5.03 Certificates of Insurance.........................................................................................................................10 5.04 CONTRACTOR's Liability Insurance...................................................................................................10 5.05 OWNER's Liability Insurance................................................................................................................11 5.06 Property Insurance..................................................................................................................................11 5.07 Waiver of Rights.......................................................................................................................................12 5.08 Receipt and Application of Insurance Proceeds................................................................................13 5.09 Acceptance of Bonds and Insurance, Option to Replace................................................................13 5.10 Partial Utilization, Acknowledgment of Property Insurer..................................................................13 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES..........................................................................................................13 6.01 Supervision and Superintendence.......................................................................................................13 6.02 Labor,- Working Hours.............................................................................................................................14 6.03 Services, Materials, and Equipment....................................................................................................14 6.04 Progress Schedule.................................................................................................................................14 6.05 Substitutes and "Or-Equals..................................................................................................................14 6.07 Patent Fees and Royalties.....................................................................................................................16 6.08 Permits.......................................................................................................................................................17 6.09 Laws and Regulations............................................................................................................................17 6.10 Taxes.........................................................................................................................................................17 6.11 Use of Site and Other Areas..................................................................................................................17 General Conditions - 00700 - II F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6th St Signalization\1-Admin\Bids\Bid Documents\DIV 0 4 Conditions o'the Contract - 20201002.docx 6.13 Safety and Protection..............................................................................................................................18 6.14 Safety Representative............................................................................................................................18 6.15 Hazard Communication Programs.......................................................................................................18 6.16 Emergencies.............................................................................................................................................18 6.17 Shop Drawings and Samples................................................................................................................19 6.18 Continuing the Work................................................................................................................................20 6.19 CONTRACTOR's General Warranty and Guarantee.......................................................................20 6.20 Indemnification.........................................................................................................................................20 ARTICLE7 - OTHER WORK.....................................................................................................................................................21 7.01 Related Work at Site...............................................................................................................................21 7.02 Coordination.............................................................................................................................................21 ARTICLE 8 - OWNER'S RESPONSIBILITIES........................................................................................................................22 8.01 Communications to Contractor.............................................................................................................22 8.02 Replacement of ENGINEER.................................................................................................................22 8.03 Furnish Data.............................................................................................................................................22 8.04 Pay Promptly When Due.......................................................................................................................22 8.05 Lands and Easements, Reports and Tests........................................................................................22 8.06 Insurance...................................................................................................................................................22 8.07 Change Orders.........................................................................................................................................22 8.08 Inspections, Tests, and Approvals.......................................................................................................22 8.09 Limitations on OWNER's Responsibilities..........................................................................................22 8.10 Undisclosed Hazardous Environmental Condition............................................................................22 8.11 Evidence of Financial Arrangements...................................................................................................22 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION....................................................................................22 9.01 OWNER'S Representative.....................................................................................................................22 9.02 Visits to Site..............................................................................................................................................22 9.03 Project Representative...........................................................................................................................23 9.04 Clarifications and Interpretations..........................................................................................................23 9.05 Authorized Variations in Work...............................................................................................................23 9.06 Rejecting Defective Work.......................................................................................................................23 9.07 Shop Drawings, Change Orders and Payments...............................................................................23 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work.........................23 9.10 Limitations on ENGINEER's Authority and Responsibilities...........................................................24 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS.............................................................................................................24 10.01 Authorized Changes in the Work..........................................................................................................24 10.02 Unauthorized Changes in the IN6!4k.....................................................................................................24 10.03 Execution of Change Orders.................................................................................................................24 10.04 Notification to Surety...............................................................................................................................25 10.05 Claims and Disputes...............................................................................................................................25 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK...................................................25 11.01 Cost of the Work......................................................................................................................................25 11.02 Cash Allowances.....................................................................................................................................27 11.03 Unit Price Work........................................................................................................................................27 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.................................................28 12.01 Change of Contract Price.......................................................................................................................28 12.02 Change of Contract Times.....................................................................................................................28 12.03 Delays Beyond CONTRACTOR's Control..........................................................................................29 12.04 Delays Within CONTRACTOR's Control............................................................................................29 12.06 Delay Damages.......................................................................................................................................29 General Conditions - 00700 - III FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th S; Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditons of the Contract - 20201o02.docx ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK...............................................................................................................................................29 13.01 Notice of Defects......................................................................................................................................29 13.02 Access to Work........................................................................................................................................29 13.03 Tests and Inspections.............................................................................................................................29 13.04 Uncovering Work.....................................................................................................................................30 13.05 OWNER May Stop the Work.................................................................................................................30 13.06 Correction or Removal of Defective Work..........................................................................................30 13.07 Correction Period.....................................................................................................................................30 13.08 Acceptance of Defective Work..............................................................................................................31 13.09 OWNER May Correct Defective Work.................................................................................................31 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION..............................................................................32 14.01 Schedule of Values.................................................................................................................................32 14.02 Progress Payments.................................................................................................................................32 14.03 CONTRACTOR's Warranty of Title......................................................................................................33 14.04 Substantial Completion...........................................................................................................................33 14.05 Partial Utilization......................................................................................................................................34 14.06 Final Inspection........................................................................................................................................34 14.07 Final Payment..........................................................................................................................................34 14.08 Final Completion Delayed......................................................................................................................35 14.09 Waiver of Claims......................................................................................................................................35 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.........................................................................................36 15.01 OWNER May Suspend Work................................................................................................................36 15.02 OWNER May Terminate for Cause......................................................................................................36 15.03 OWNER May Terminate For Convenience........................................................................................36 15.04 CONTRACTOR May Stop Work or Terminate..................................................................................37 ARTICLE16 - DISPUTE RESOLUTION..................................................................................................................................37 16.01 Methods and Procedures.......................................................................................................................37 ARTICLE17 - MISCELLANEOUS.............................................................................................................................................37 17.01 Giving Notice ............................................................................................................................................37 17.02 Computation of Times.............................................................................................................................37 17.03 Cumulative Remedies.............................................................................................................................37 17.04 Survival of Obligations............................................................................................................................37 17.05 Controlling Law........................................................................................................................................37 General Conditions - 00700 - IV F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx 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 COW TRACTOR 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 Docu- ments 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. 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. General Conditions - 00700 -1 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER --The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant --An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 22. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulat- ions --Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard condi- tions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and General Conditions - 00700 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th S: Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract-20201002.docx 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 furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment --A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to 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 General Conditions - 00700 - 3 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\B1d Documents\DIV 0_4_Conditions of the Contract - 20201002.docx 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 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 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence 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 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 General Conditions - 00700 - 4 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\8ids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx 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 2.05.13. 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 accept- able 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 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. General Conditions - 00700 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th S-. Signalization\1-Admin\Bids0d Documents\DIV 0_4_Conditions of the Contract - 20201002.docx 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract Docu- ments and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambigu- ity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amend- ment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a -Yield Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarifi- cation. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regula- tions. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. General Conditions - 00700 - 6 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St S gnalization\1-Admin\Bids\Bid Documents\DIV 0-4—Conditions of the Contract - 20201002.docx 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGI- NEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are 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. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inher- ent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review. After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in para- graph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by General Conditions - 00700 - 7 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Si9nalization\1-Admin\Bids\Bid Documents\DIV 0_4_Condibons of the Contract - 20201002.docx the Bidding Requirements or Contract DOCL- ments to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided it paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- TOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Under- ground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such conse- quences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER'sjudgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. General Conditions - 00700 - 8 `APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx 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 tl-e preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may re.y upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible fo. 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 accor- dance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's General Conditions - 00700 - 9 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and BM St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditlons of the Contract - 20201002.docx 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 whorl CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.6. 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. Q_�AWEER -;hall deliver te CONTRACTOR, With G0Pi&6 TOR eaRY other l.dditi" al ' d) h' h OWNER is 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 . iable: 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 General Conditions - 00700 - 10 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, mainte- nance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary CondN tions, all of whom shall be listed as additional insureds, and include coverage for the respec- tive officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such addi- tional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CON- TRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance 5.06 Property Insurance .. -• �- I I IN lee .01 General Conditions - 00700 - 11 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8t i St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx 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 borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. General Conditions - 00700 - 12 F:\Pub1icWorks\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in cover- age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CON- TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident General Conditions - 00700 - 13 FAPublic works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\t-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. 6.02 Labor,- Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- ments. CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat: telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and, completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifica- tions shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additional- ly will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accor- dance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design 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; General Conditions - 00700 - 14 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8tn St Signa1ization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx b. CONTRACTOR certifies that: (i) there indicated. The application will also contain is no increase in cost to the OWNER; and (ii) an itemized estimate of all costs or credits it will conform substantially, even with that will result directly or indirectly from use deviations, to the detailed requirements of of such substitute item, including costs of the item named in the Contract Documents. redesign and claims of other contractors circumstances. affected by any resulting change, all of which 2. Substitute Items will be considered by ENGINEER in d. CONTRACTOR shall first make evaluating the proposed substitute item. a. If in ENGINEER's sole discretion an ENGINEER may require CONTRACTOR to item of material or equipment proposed by furnish additional data about the proposed CONTRACTOR does not qualify as an substitute item. "or -equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute B. Substitute Construction Methods or Proce- item. dures: If a specific means, method, technique, se- results called for by the general design, be quence, or procedure of construction is shown or b. CONTRACTOR shall submit suffi- indicated in and expressly required by the Contract cient information as provided below to allow Documents, CONTRACTOR may furnish or utilize a ENGINEER to determine that the item of substitute means, method, technique, sequence, or material or equipment proposed is procedure of construction approved by ENGINEER. essentially equivalent to that named and an CONTRACTOR shall submit sufficient information to acceptable substitute therefor. Requests for allow ENGINEER, in ENGINEER's sole discretion, to review of proposed substitute items of determine that the substitute proposed is equivalent to material or equipment will not be accepted that expressly called for by the Contract Documents. by ENGINEER from anyone other than The procedure for review by ENGINEER will be similar CONTRACTOR. to that provided in subparagraph 6.05.A.2. c. The procedure for review by ENGI- C. Engineer's Evaluation: ENGINEER will be NEER will be as set forth in paragraph allowed a reasonable time within which to evaluate 6.05.A.2.d, as supplemented in the General each proposal or submittal made pursuant to para - Requirements and as ENGINEER may graphs 6.05.A and 6.05.13. ENGINEER will be the sole decide is appropriate under the judge of acceptability. No "or -equal" or substitute will circumstances. be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a d. CONTRACTOR shall first make Change Order for a substitute or an approved Shop written application to ENGINEER for review Drawing for an "or equal." ENGINEER will advise of a proposed substitute item of material cr CONTRACTOR in writing of any negative equipment that CONTRACTOR seeks to determination. furnish or use. The application shall certify that the proposed substitute item will perform D. Special Guarantee: OWNER may require adequately the functions and achieve the CONTRACTOR to furnish at CONTRACTOR's ex - results called for by the general design, be pense a special performance guarantee or other surety similar in substance to that specified, and be with respect to any substitute. suited to the same use as that specified. The application will state the extent, if any, to E. ENGINEER's Cost Reimbursement: which the use of the proposed substitute ENGINEER will record time required by ENGINEER item will prejudice CONTRACTOR's and ENGINEER's Consultants in evaluating substitute achievement of Substantial Completion on proposed or submitted by CONTRACTOR pursuant to time, whether or not use of the proposed paragraphs 6.05.A.2 and 6.05.13 and in making substitute item in the Work will require a changes in the Contract Documents (or in the change in any of the Contract Documents (or provisions of any other direct contract with OWNER for in the provisions of any other direct contract work on the Project) occasioned thereby. Whether or with OWNER for work on the Project) to not ENGINEER approves a substitute item so pro - adapt the design to the proposed substitute posed or submitted by CONTRACTOR, CON - item and whether or not incorporation or use TRACTOR shall reimburse OWNER for the charges of of the proposed substitute item in connection ENGINEER and ENGINEER's Consultants for with the Work is subject to payment of any evaluating each such proposed substitute. license fee or royalty. All variations of the proposed substitute item from that specified F. CONTRACTOR's Expense: CONTRACTOR will be identified in the application, and shall provide all data in support of any proposed available engineering, sales, maintenance, substitute or "or -equal" at CONTRACTOR's expense. repair, and replacement services will be General Conditions - 00700 - 15 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8:h St Signa1ization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.13), whether initially or as a replacement, against whom OWNER may have reasonable objection. CON- TRACTOR shall not be required to employ any Sub- contractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accor- dance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit ar acceptable replacement for the rejectea Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGI- NEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontrac- tors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to commu- nicate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insur- ance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless 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 General Conditions - 00700 - 16 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 81h St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4—Conditions of the Contract - 20201002.docx professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations. B. If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims. costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. B. OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- TOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, General Conditions - 00700 - 17 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and Sth St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work o.- adjacent radjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.6 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 - General Conditions - 00700 - 18 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th of Signalization\1-Admin\Bids\Bid Documents\DIV 0_4—Conditions of the Contract - 20201002.docx cause of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- mance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- NEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in General Conditions - 00700 - 19 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and Sth St Signa1ization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx 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 therecf incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CON- TRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make correc- tions required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work an-- adhere ncadhere 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 normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Sub- stantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless of the negligence of any such individual or entity. General Conditions - 00700 - 20 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signa1ization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CON- TRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRAC- TOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is per- forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. General Conditions - 00700 - 21 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0-4—Conditions of the Contract - 20201002.docx ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all commuri- 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 it 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 tc establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will General Conditions - 00700 - 22 FAPublic Works\ENGINEER ING DIVISION PROJECTS\2002 66th Ave and Sri St Signalization\1-Admin\Bids\13id Documents\DIV 04 Conditions of the Contract - 20201002.docx conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authori-y and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable prompt- ness such written clarifications or interpretations of the requirements of the Contract Documents as ENGI- NEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compat- ible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may he aGGGMP!mshed by a Field 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's preliminary determina- tions on such matters before rendering a written deci- sion thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRAC- TOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred General Conditions - 00700 - 23 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 31h St Signalization\1-Admin\Bids\Bid Documents\DIV 0 4 Conditions of the Contract - 20201002.docx 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 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 exer- cise such authority or responsibility or the undertaking, exercise, or performance of any authority or respon- sibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accor- dance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontrac- tor, 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 General Conditions - 00700 - 24 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 81h St Signali7ation\1-Admin\Bids\Bid Documents\DIV 0-4—Conditions of the Contract - 20201002.docx any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and 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 C;aim 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 12.02.8. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days afterthe 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 paragraph 11.01.13. General Conditions - 00700 - 25 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Condibons of the Contract - 20201002.docx 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 connec- tion therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary trans- portation, travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and tempo- rary 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 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 General Conditions - 00700 - 26 F:\Public Works\ENGINEERING DIVISION PROJECTS0002 66th Ave and 8th St Signalization\t-Admin\Bids\Bid Documents\DIV 0-4—Conditions of the Contract - 20201002.docx 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 capitai expenses, including interest on CONTRACTOR's capital employed for the Worts 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 11.01.6. 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 11.01.6, 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 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 guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations 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 adequate General Conditions - 00700 - 27 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signa1ization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditons of the Contract - 20201002.docx 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 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: 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 12.02 3. where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.6.2, on the basis of the Cost of the Work (determined as 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 paragraphs 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; c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.6; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amend- ment. 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 ENGI- General Conditions - 00700 - 28 `APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_conditions of the Contract - 20201002.docx NEER 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 CONTRACTOR. 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. 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 OWN- ER, independent testing laboratories, and govern- mental 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. General Conditions - 00700 - 29 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8tY St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Condifions of the Contract - 20201002.docx 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 fog 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 ENGINEER, it must, if requested by ENGINEER, be uncovered 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 promptness 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 necessary 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, 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 General Conditions - 00700 - 30 F:\Public Works\ENGINEERING DIVISION PROJECTS0002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0-4—Conditions of the Contract - 20201002.docx T/"1 nvver revn+ c .J IGh f +' VV koF, if the d f +' 1 Al T has been red 'enter by llVVNED remeve it fFeFn the laGe it with VVGFk that is Rat defeGWS, er renrlaGe aRy .,.Jamy e + +h tnf 1 to the t f ethers 9F ether land 9F areas I+'Rg +h f 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 replace- ment (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. lRspeGial G iFG:.:MstaRGe6 where a partiGu I Item of equipment Y men+ rla d iR+' befope Substantial QempletiGR of all the Work, the sq pFevided 4R the SpeGifiGations 9F b Written omeRdmen+ 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 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 recommen- dation 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 para- graph 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 provi- sion 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. General Conditions - 00700 - 31 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx D. CONTRACTOR shall not be allowed an exten- sion of the Contract Times (or Milestones) because cf any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provid- ed in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work wiN 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 no, more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CON- TRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. The conditions precedent to CONTRACTOR's being entitled to such pay- ment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically as- signed to ENGINEER in the Contract Docu- ments; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. General Conditions - 00700 - 32 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 81h St Signalization\1-Admin\Bids\Bid Documents\DIV 0-4—Conditions of the Contract - 20201002.docx 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.B.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 paymert recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement,- b. eplacement; 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 d FAIGIAIFFIR hx Rr#;;l kRawledge Gf the OGG 1FFeRGe Gf any of the events eRumer- ated 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 General Conditions - 00700 - 33 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4 -Conditions of the Contract - 20201002.docx Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If FNI(_INICCL? G siders the Werk c h +^. +''.II _ elete ENGINEER will pFepare -+ d deliver to OWNER shall fix the date of Substantial Completion. Thep �h II h attaGhe.d }o the Ger+•f' ^t a tentative 1' + f llall AG vaaawv� �vaw a vv vu v items to be Gampleted OF Gerrested- befere fliinlail payment. (l1AIN ER shell have 6eVeR .da -.f+ FeGe'n} of the tPmtuti certificate d6iFiRg .,h h + make writteR ebjeo#inn +o ENGINEER as +e a PFE)Vi6i9R6 f the certificate or attaGhed list. If, after GORSideFiRg h 6ubstaRtiall! N after subm'66*GR of the + tat' .+'f' '.}e # 1' WNIC� netfy GONTR1lCT-O-R in writing, StatiRg the therefer. if, after Gen6ide1ratio1RRef 91"r ;NI€Rs tally Gemplete, ENGINEER 1.1411 a.d}hiR said 14 ,d. ys revised tentative list-of items to be GGImpleted F Gertifisate as ENGINEER believes justified -mer GGns =R At the time of ,J IiyeFy of }h t t^t' r+•f' + f C h + +' I vv. QG.. v�, v v ��� 1. Gemole}'nn ENGINEER 4 will delivt=r# QlA/NICO? and GONTRAGTOIR hetweer. OWNER and- GONITRACTOR with re6peGt t maintenance, at utilities, d +'es I' agree-eche a r.+. , d s fn FIN GINICCC writing—Prier the defiRitiVe Gertifisate of Substaa •#+rte; Completion, EpIGINE€R's, aferesa;W_ reremmendatin will he h' d' OWNER ER B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- TRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following condi- tions. 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially com- plete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Com- pletion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance General Conditions - 00700 - 34 F:\Public Works\ENGINEERING DIVISION PROJECTS0002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Condifions of the Contract - 20201002.docx with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence e insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in anyway be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's obser- vation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 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. General Conditions - 00700 - 35 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signa1ization\1-Admin\Bids\Bid Documents\DIV 0_4_Condifions of the Contract - 20201002.docx ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR hall he allewed aR aGlj st + 411 the ('nn+ran+ Prig or w av+anc'n of +h (' n+raGt Times,CONTRACTOR makes a Claim theFefbr as pFevidedpaFagpaph 19.45, 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Con- tract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Docu- ments prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) in- curred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco - General Conditions - 00700 - 36 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th Si Signalization\1-Admin\Bids\Bid Documents\DIV 0_4_Conditions of the Contract - 20201002.docx nomic loss arising out of or resulting from such termina- tion. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CON 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, of OWNER has failed fel: 2-00 days te pay GONTRACTO ""Y sum fiRall„ detem;ined to he due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. General Conditions - 00700 - 37 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8tI' St Signalization\1-Adm1n\Bids\Bid Documents\DIV 0_4_Conditons of the Contract - 20201002.docx SECTION 00800 - SUPPLEMENTARY CONDITION TO THE GENERAL CONDITIONS Table Of Content Article Title Page Number SECTION 00800 - SUPPLEMENTARY CONDITION TO THE GENERAL CONDITIONS................................................1 TableOf Content...............................................................................................................................................1 SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS..........................................2 SC -1.00 Introduction.................................................................................................................................2 SC -1.01 Defined Terms..............................................................................................................................2 SC -1.02 Terminology.................................................................................................................................2 SC -2.03 Commencement of Contract Times; Notice to Proceed..............................................................2 SC -2.05 Before Starting Construction.......................................................................................................3 SC -2.06 Preconstruction Conference........................................................................................................3 SC -3.06 Coordination of Plans, Specifications, and Special Provisions.....................................................4 SC -4.02 Subsurface and Physical Conditions............................................................................................4 SC -5.01 Performance, Payment and Other Bonds....................................................................................4 SC -5.03 Certificates of Insurance..............................................................................................................5 SC -5.04 CONTRACTOR's Liability Insurance..............................................................................................5 SC -5.05 OWNER's Liability Insurance........................................................................................................6 SC -5.06 Property Insurance......................................................................................................................6 SC -5.07 Waiver of Rights...........................................................................................................................7 SC -5.08 Receipt and Application of Insurance Proceeds..........................................................................7 SC -5.09 Acceptance of Bonds and Insurance; Option to Replace.............................................................7 SC -6.02 Labor; Working Hours..................................................................................................................7 SC -6.06 Concerning Subcontractors, Supplie-s, and Others.....................................................................8 SC -6.08 Permits.........................................................................................................................................8 SC -9.05 Authorized Variations in Work....................................................................................................8 SC -11.01 Cost of the Work......................................................................................................................8 SC -13.03 Test and Inspections................................................................................................................9 SC -13.05 OWNER May Stop the Work....................................................................................................9 SC -13.07 Correction Period.....................................................................................................................9 SC -14.02 Progress Payments................................................................................................................10 SC -14.04 Substantial Completion.........................................................................................................10 SC -14.07 Final Payment........................................................................................................................11 SC -15.01 OWNER May Suspend Work..................................................................................................11 SC -15.02 OWNER May Terminate For Cause........................................................................................11 SC -15.04 CONTRACTOR May Stop Work or Terminate.........................................................................12 SC -16 Dispute Resolution.....................................................................................................................12 SC -16.02 Mediation..............................................................................................................................12 SC -17 Miscellaneous............................................................................................................................12 SC -17.06 Liens.......................................................................................................................................12 +++ END OF THIS SUPPLEMENTARY CONDITIONS INDEX +++ Supplementary Conditions - 00800-1 FAPublic Works\ENGINEERING DIVISION PROJECTS0002 66th Ave and Sth St Signa11zation\1-Admin\B1ds\Bid Documents\DIV 0_5_Conditions of the Contract - 20201 D02. docx IRC -2002 SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC -1.00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. SC -1.01 Defined Terms SC -1.01.A.20 Add the following language to the end of GC 1.01.A.20. ENGINEERS's Consultant: Kimley Horn 445 24th Street, Suite 200 Vero Beach, FL 32960 SC -1.01.A.21. Delete paragraph GC 1.01.A.21 in its entirety. SC -1.02 Terminology SC -1.02.D.1, 2, and 3 Delete paragraphs GC -1.02.D.1, 2, and 3 in their entirety and insert the following paragraphs in their place: D. Furnish, Install, Perform, Provide 1. The word "furnish" shall mean to supply and deliver services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install" shall mean to put into use or place in final position services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide" shall mean to furnish and install services, materials, or equipment complete and ready for intended use. SC -2.03 Commencement of Contract Times; Notice to Proceed SC -2.03 Delete paragraph GC 2.03 in its entirety and insert the following paragraph in its place: The Contract Times will commence to run on the day indicated on the Notice to Proceed. Upon receipt of one fully executed agreement, the Contractor shall procure any long -lead time (long -lead) items such as signalization mast arm assemblies or other pay items that the Owner deems will have a delivery time long enough to affect the overall project schedule. Within 10 -business days after Notice of Award, the Contractor shall provide a long -lead item schedule to the Owner detailing items which will constitute part of the Work as required to meet the project schedule. Prior to procurement of long -lead items, the Contractor shall submit Shop Drawings for approval as required by the Owner. Upon approval of the Shop Drawings, the Owner shall approve in writing the procurement of long -lead items by the Contractor. The Notice to Proceed will be issued based on the estimated delivery dates of the long -lead time items as determined by the by the long -lead item schedule or actual the delivery date, whichever is earlier. Supplementary Conditions - 00800-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\t-Admin\Bids\Bid Documents\DIV 0-5—Conditions of the Contract - 20201002.docx IRC -2002 SC -2.05 Before Starting Construction SC -2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its place: C. Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. SC -2.06 Preconstruction Conference SC -2.06 Delete paragraph GC -2.06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work, the Project Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2.05.13, procedures for handling Shop Drawings and other submittals, and maintaining required records. Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. 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 Ta ble 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 Supplementary Conditions - 00800-3 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin0ds\Bid Documents\DIV 0_5_Condibons of the Contract - 20201002.docx IRC -2002 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, Specificati.ons, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows: 1. Written Interpretations 2. Addenda 3. Specifications 4. Supplementary Conditions to the General Conditions 5. General Conditions 6. Approved Shop Drawings 7. Drawings 8. Referenced Standards. B. Written/computed dimensions shall govern over scaled dimensions. SC -4.02 Subsurface and Physical Conditions SC -4.02 Add the following new paragraphs immediately after paragraph GC -4.02.8: C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: Subsurface Soil Exploration and Geotechnical Engineering Evaluation (by Ardaman & Associates, Inc.), dated January 12, 2021. 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. Supplementary Conditions - 00800-4 F:\Public Vvorks\ENGINEER]NG DIVISION PROJECTS\2002 66th Ave and 8th St Signalizalion\1-Admin\Bids\Bid Documents\DIV 0_5_Condibons of the Contract - 20201002.docx IRC -2002 SC -5.03 Certificates of Insurance SC -5.03 Delete the second sentence of paragraph GC -5.03 in its entirety. SC -5.04 CONTRACTOR's Liability Insurance SC -5.04 Add the following new paragraphs immediately after paragraph GC -5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations C. Contractual Liabi ity 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 Couity 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 resporsibility 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 Supplementary Conditions - 00800-5 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin0ids0d Documents\DIV 0_5_Conditions of the Contract - 20201002.docx IRC -2002 service of process in Florida and have Best's Rating of A -VII or better. h. All insurance requirements shall be at the Contractor's sole cost and expense, including any deductible or self-insured retention, without contribution from Indian River County or its insurance carriers. D. Additional Insureds: 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 ir, their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and Supplementary Conditions - 00800-6 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_5_Conditions of the Contract - 20201002.docx IRC -2002 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) .n its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC -5.08 Delete GC -5.08 (paragraphs A and 8) in its entirety. SC -5.09 Acceptance of Bonds and Insurance; Option to Replace SC -5.09 Delete GC-5.09(paragraph A)in its entirety. SC -6.02 Labor; Working Hours SC -6.02.B. Add the following paragraphs immediately after paragraph GC -6.02.8: 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 nc 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 Supplementary Conditions - 00800-7 FAPublic Works\ENGINEERING DIVISION PROJECTS0002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0-5—Conditions of the Contract - 20201002.docx IRC -2002 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): No Permits obtained by the Owner 2. The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. 3. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this ef-Fort 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. Supplementary Conditions - 00800-8 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\B1ds\Bid Documents\DIV 0 5 Conditions of the Contract - 20201002.docx IRC -2002 SC -13.03 Test and Inspections SC -13.03.6. Delete paragraph GC -13.03.8 in its entirety, and insert the following sentences in its place: 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: inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.6 shall be paid as provided in said paragraph 13.04.13; 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 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. SC -13.07 Correction Period SC -13.07A. Delete the first sentence of paragraph GC -13.07.A in its entirety and insert the following sentence in its place A. If within one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting 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 Supplementary Conditions - 00800-9 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_5_Conditions of the Contract - 20201002.docx IRC -2002 start to run from an earlier date if so provided in the Specifications or by Written Amendment. SC -14.02 Progress Payments SC -14.02.B.5. Delete paragraph GC -14.02.8.5.d in its entirety and insert the following paragraph in its place: ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A; or SC -14.02.13.5. 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.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. F.S. 218.70 et. seq. SC -14.04 Substantial Completion SC -14.04A. After the third sentence in paragraph GC -14.04A of the General Conditions, delete the remainder of paragraph 14.04A in its entirety and replace with the following: "If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion. In accordance with the provisions of Florida Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor bythe Owner orthe 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." Supplementary Conditions - 00800-10 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalizabon\1-Admin\Bids\Bid Documents\DIV 0_5_Conditions of the Contract - 20201002.docx IRC -2002 SC -14.048 Add the following new paragraph immediately after paragraph GC 14.048: C. At the time of delivery of the tentative certi=icate 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: 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, creaed 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 Supplementary Conditions - 00800-11 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_5_Condifions of the Contract - 20201002.docx IRC -2002 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: SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: SC -16 Dispute Resolution SC -16.02 Mediation SC -16 Add the following new paragraph immediately after paragraph GC -16.01. SC -16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19th 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 maybe 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 Supplementary Conditions - 00800-12 F:)Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_5_Conditions of the Contract - 20201002.docx IRC -2002 County and are subiect to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name), pursuant to Chapter 255 of the Florida Statutes This paragraph shall be inserted in every sub -subcontract hereunder." The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit -claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++END OF SUPPLEMENTARY CONDITIONS++ Supplementary Conditions - 00800-13 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_5_Conditions of the Contract - 20201002.docx DATE OF ISSUANCE: OWNER: CONTRACTOR Project: OWNER's Project No. SECTION 00942 - Change Order Form EFFECTIVE DATE: Indian River Cou 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS IRC -2002 OWNER'S Bid No. 2022007 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: IRC -2002 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\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0-6—Conditions of the Contract - 20201002.docx IRC -2002 SECTION 00948 - Work Change Directive No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS OWNER's Project No. IRC -2002 OWNER'S Bid No. 2022007 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 II Unit Prices II Lump Sum II Other: II By Change Order: Method of determining change in Contract Times II Contractor's Records II Engineer's Records Other: II By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $ Substantial Completion: days; Ready for Final Completion: days. If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: By: CONTRACTOR (Signature) Date: RECOMMENDED: By: ENGINEER (Signature) Date: ** END OF SECTION** APPROVED: By: OWNER (Signature) Date: Work Change Directive — 00948 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 0_6_Conditions of the Contract - 20201002.docx Division 1—General Requirements, IRC -2002 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:\PubhcWorks\ENGINEERING DIVISION PROJECTS\20C2 66th Ave and 6th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave anc Sth St Signalization\1-Admin\Bids\Bid Documents\DIV 1—GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 SECTION 01050 - FIELD ENGINEERING AND LAYOUT 1.1 GENERAL A. The CONTRACTOR will furnish all construction staking for the project. All staking from control will be under the supervision of a Florida Registered Land Surveyor. B. Develop and make all detail surveys and measurements needed for construction including but not limited to, slope stakes, batter boards, piling layouts and all other working lines, elevations and cut sheets. C. Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work. D. Provide all material required for benchmarks, control points, batter boards, grade stakes, and other items. E. Be solely responsible for all locations, dimensions and levels. No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings. F. Safeguard all points, stakes, grademarks, monuments and benchmarks made or established on the Work, and reestablish same, if disturbed. Rectify all Work improperly installed because of not maintaining, not protecting or removing without authorization such established points, stakes, marks and monuments. G. When requested by the ENGINEER, provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR. Do no excavation or embankment work until all cross -sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER. H. The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. 1.2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A. Prior to commencing work, the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents. Immediately notify the ENGINEER upon discovery of any errors, inaccuracies or omissions in the survey data. The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or existing site information is correct and accurate, without any reasonably inferable errors, inaccuracies or omissions. Field Engineering and Layout - 01050-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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 sl-lall be performed by a Florida Registered Surveyor and Mapper. 1.3 STATION BOARDS A. CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet. 1.4 LAYOUT OF STRIPING A. Establish by instrument, and mark the finished surface, the points necessary for striping finished roadway in conformance with Section 5-7 of FDOT Standard Specifications. ++ END OF SECTION ++ Field Engineering and Layout - 01050-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1—GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 SECTION 01091- REFERENCE STANDARDS 1 1 t;FNFRAI 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, orgawzation, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO The American Associat on 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 Institite 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 F1Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signa1ization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1— General Requirements, IRC -2002 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 36th Ave anc 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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:\Public Works\ENGINEERING DIVISION PROJECTS\20C2 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 SECTION 01220 - PROGRESS MEETINGS 1.1 SCOPE A. Date and Time: 1. Regular Meetings: As mutually agreed upon by ENGINEER and CONTRACTOR. 2. Other Meetings: On call. B. Place: CONTRACTOR'S office at Project site or other mutually agreed upon location. C. ENGINEER shall prepare agenda, preside at meetings, and prepare and distribute a transcript of proceedings to all parties. D. CONTRACTOR shall provide data required and be prepared to discuss all items on agenda. 1.2 MINIMUM ATTENDANCE A. CONTRACTOR B. SUBCONTRACTOR: When needed for the discussion of a particular agenda item, CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting. C. CONSTRUCTION COORDINATION MANAGER D. OWNER'S representative, if required. E. Utility Representatives F. Others as appropriate. G. Representatives present for each party shall be authorized to act on their behalf. 1.3 AGENDA Agenda will include, but will not necessarily be limited to, the following: 1. Transcript of previous meeting. 2. Progress since last meeting. 3. Planned progress for next period. 4. Problems, conflicts and observations. 5. Change Orders. 6. Status of Shop Drawings. 7. Quality standards and control. 8. Schedules, including off-site fabrication and delivery schedules. Corrective measures, if required. 9. Coordination between parties. 10. Safety concerns. 11. Other business. ++ END 0::: SECTION ++ Progress Meetings - 01220-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1—GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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:\Public Works\ENGINEER ING DIVISION PROJECTS\2002 66th Ave aid 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1— General Requirements, IRC -2002 1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and all reviewed revisions (updated) to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 4. OWNER (two copies). 5. ENGINEER B. In the cover letter, instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedules. + + END OF SECTION + + Construction Schedules - 01310-2 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\B1ds\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 9th St Signalization\1-Admin\Bids0d Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS PRODUCT DATA AND SAMPLES A. Submit to: Indian River County Engineering Division 180127th Street Vero Beach, FL 32960 B. A letter of transmittal shall accompany each submittal. If data for more than one Section of the Specifications is submitted, a separate transmittal letter shall accompany the data submitted for each Section. C. At the beginning of each letter of transmittal, provide a reference heading indicating the following: 1. OWNER'S Name 2. Project Name 3. Project Number 4. Transmittal Number 5. Section Number D. All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER. The following is a sample Submittal Form that the CONTRACTOR may use: [The remainder of this page has been left blank intentionally] Submittal of Shop Drawings - 01340-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 9th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Contractor: Division 1—General Requirements, IRC -2002 CONTRACTOR SUBMITTALS SUBMITTAL NO. Date Sent to County No. Copies Sent to County ❑ Original Submittal ❑ Re -Submittal Project Name: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS Project No.: IRC -2002 ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description: Sub -Contractor: Remarks: Reviewing Agency: (As checked below) Date Received Date Returned No. Copies Ret'd ❑ I R C Engineering Div. ❑ I R C Utilities Services Remarks: IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 180127th Street No. Copies Ret'd Vero Beach, FI. 32960 Remarks: Distribution of Copies: IRC Engineering Division Office File Field Office File Submittal of Shop Drawings - 01340-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\200266th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1— General Requirements, IRC -2002 E. All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR. F. Assign a number to each submittal starting with No. 1 and thence numbered consecutively. Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal, the suffix "B" for the second resubmittal, etc. G. Initially submit to ENGINEER a minimum of two (2) copies of all submittals that are on 11 -inch by 17 -inch or smaller sheets (no less than 8 1/2 -inch x 11 -inch). H. After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations: 1. Approved 2. Approved as Noted 3. NOT Approved - Resubmit If a submittal is acceptable, it will be marked "Approved" or "Approved as Noted". One (1) electronic copy of the submittal will be returned to CONTRACTOR. J. Upon return of a submittal marked "Approved" or "Approved as Noted", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corrections indicated. K. If a submittal is unacceptable, one (1) copy will be returned to CONTRACTOR with following notation, "NOT Approved - Resubmit". L. Upon return of a submittal marked "NOT Approved - Resubmit", make the corrections indicated and repeat the initial approval procedure. Upon return of a submittal so marked, repeat :he initial approval procedure utilizing acceptable material or equipment. M. Work shall not be performed nor equipment installed without an ENGINEER "Approved" or "Approved as Noted" Shop Drawing. N. Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved. CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings. Materials or equipment requiring Shop Drawings which have not yet received approval by the ENGINEER shall not be installed on the project. Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. Submittal of Shop Drawings - 01340-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\t-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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:\PubIicWorkMENGINEERING DIVISION PROJECTS\200266th Ave and Bth St Signalization\t-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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 hosts, 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:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and Bth St Signalizabon\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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 - 0 1541 -1 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 B. Do not store or park materials or equipment within the drip line of trees that are to remain. C. Install temporary fences or barricades to protect trees and plants in areas subject to traffic. D. Fires shall not be permitted under or adjacent to trees and plants. E. Within the limits of the Work, water trees and plants that are to remain, in order to maintain their health during construction operations. F. Cover all exposed roots with burlap and keep it continuously wet. Cover all exposed roots with earth as soon as possible. Protect root systems from mechanical damage and damage by erosion, flooding, run-off or noxious materials in solution. G. If branches or trunks are damaged, prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use. H. Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality. Coordinate Work in this Section with requirements of other sections herein. 1.4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements, which could be damaged by construction activities. The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2) days. Irrigation systems partially within the right-of-way 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 mainta7mning 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:\PubhcWorks\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids0d Documents\DIV 1 GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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 exac ly 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 obtair 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave aid 8th St Signalization\1-Admin\Bids0id Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 B. Surface Structures: 1. Surface structures are defined as structures or facilities above the ground surface. Included with such structures are their foundations and any extension below the surface. Surface structures include, but are not limited to, buildings, tanks, walls, bridges, roads, dams, channels; open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and all other facilities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same. 2. Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure. CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure. D. All other existing surface facilities, including but not limited to, guard rails, posts, guard cables, signs, poles, markers, and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR'S expense. 1.6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A. The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. B. Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this CONTRACTOR's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. Protection of the Work and Property - 01541-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin0ids0d Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1— General Requirements, IRC -2002 1.7 ADJUSTMENTS OF UTILITY CASTINGS, COVERS AND BOXES A. All existing utility castings, including valve boxes, junction boxes, manholes, pull boxes, inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work. B. The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing. CONTRACTOR shall make available survey reference markers to the various utility companies. +- END OF SECTION ++ Protection of the Work and Property - 01541-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\200266th Ave any 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1—GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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\2002 66th Ave and 8th St Signalizaton\1-Admin\Bid5\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1— General Requirements, IRC -2002 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 colflict 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1—GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 36th Ave anc 8th St Signalization\1-Admin\Bid90id Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1— General Requirements, IRC -2002 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 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 SECTION 01630 - SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and Or -Equals," of the General Conditions, and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents. 1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select product meeting that standard by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. B. For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equivalent," submit a request for a substitution for any product or manufacturer which is not specifically named. D. For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted, there is no option and no substitution will be allowed. E. Where more than one choice is available as a CONTRACTOR's option, select product which is compatible with other products already selected or specified. 1.3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time, ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufac- turers, and construction methods (if specified). 1. After end of specified period, requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR. B. Submit 5 copies of Request for Substitution. Submit a separate request for each substitution. In addition to requirements set forth in Article 6.05 of General Conditions, include in the request the following: 1. For products or manufacturers: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. C. Samples, if appropriate. Substitutions - 01630-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave arid 8th St Signalization\1-Admin\13ids0d Documents\DIV 1 GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 d. Name and address of s;milar 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 ENCINEER 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 he same or better guarantees or warranties for proposed substitution as for product, manufacturer, or method specified. 3. CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent. D. A proposed substitution will not be accepted if: 1. Acceptance will require charges 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 determine whether the review will drawing review for the specified item. review of a substitution, Engineer will be more extensive than a normal shop 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\ENGINEER ING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1—General Requirements, IRC -2002 H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR's expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install, or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. Owner may require CONTRACTOR to furnish at CONTRACTOR's expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is used, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. J. Substitute materials or equipment may be proposed for acceptance in accordance with this Section. In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. + + END OF SECTION + + Substitutions - 01630-3 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6th St Signalization\1-Admin\B1ds\Bid Documents\DIV 1 GENERAL REQUIREMENTS - 20201002.docx Division 1— General Requirements, IRC -2002 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; 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. 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 F1Public Works\ENGINEERING DIVISION PROJECTS\200266th Ave and 8th St Signahzation\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1— General Requirements, IRC -2002 H. When finished surfaces require cleaning with cleaning materials, use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. Keep the amount of dust produced during construction activities to a minimum. At CONTRACTOR's expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, ENGINEER, and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. ++ END OF SECTION ++ Site Cleanup and Restoration - 01710-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signa1ization\1-Admin\Bids\Bid Documents\DIV 1_GENERAL REQUIREMENTS - 20201002.docx Division 1— General Requirements, IRC -2002 SECTION 01820 - POST FINAL INSPECTION 1.1 GENERAL A. Approximately one year after Final Completion, the OWNER will make arrangements with the Construction Coordination Manager and the CONTRACTOR for a post final inspection and will send a written notice to said parties to inform them of the date and time of the inspection. B. Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13, General Conditions. C. After the inspection, the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds. ++ END OF SECTION ++ Post Final Inspection - 01820-1 FAPublic WorkMENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 1 GENERAL REQUIREMENTS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 DIVISION 2 - TECHNICAL PROVISIONS Table of Contents DIVISION 2 - TECHNICAL PROVISIONS............................................................................................... 1 SECTION 001 -TECHNICAL SPECIFICATIONS.............................................................................................2 SECTION004 - SCOPE OF WORK.............................................................................................................. 2 SECTION101- MOBILIZATION................................................................................................................ 2 SECTION 102 - MAINTENANCE OF TRAFFIC.............................................................................................. 3 SECTION 104 - PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION ............. 5 SECTION 110 - CLEARING AND GRUBBING............................................................................................. 15 SECTION 327 - MILLING OF EXISTING ASPHALT PAVEMENT.................................................................... 16 SECTION 337 - ASPHALT CONCRETE FRICTION COURSES........................................................................ 16 SECTION 570 - PERFORMANCE TURF..................................................................................................... 17 SECTION630 - CONDUIT....................................................................................................................... 19 SECTION632—SIGNALCABLE............................................................................................................... 19 SECTION 635 — PULL, SPLICE AND JUNCTION BOXES............................................................................... 19 SECTION 639 — ELECTRICAL POWER SERVICE ASSEMBLIES...................................................................... 20 SECTION 641- PRESTRESSED CONCRETE POLES..................................................................................... 20 SECTION 646 - ALUMINUM POLES, PEDESTALS, AND POSTS................................................................... 20 SECTION 649 - GALVANIZED STEEL POLES, MAST ARMS AND MONOTUBE ASSEMBLIES ........................... 20 SECTION 650 -VEHICULAR TRAFFIC SIGNAL ASSEMBLIES.......................................................................21 SECTION 653 - PEDESTRIAN SIGNAL ASSEMBLIES................................................................................... 21 SECTION 660 - VEHICLE DETECTION SYSTEM.......................................................................................... 21 SECTION 665 - PEDESTRIAN DETECTION SYSTEM................................................................................... 21 SECTION 670 -TRAFFIC CONTROLLER ASSEMBLIES................................................................................ 22 SECTION 684 - NETWORK DEVICES........................................................................................................ 22 SECTION 685 -TRAFFIC CONTROL SYSTEM AUXILIARIES.........................................................................22 SECTION 700 - HIGHWAY SIGNING........................................................................................................ 22 SECTION 706 - RAISED PAVEMENT MARKERS AND BITUMINOUS ADHESIVE ........................................... 23 SECTION 711 -THERMOPLASTIC PAVEMENT MARKINGS....................................................................... 23 SECTION 715—HIGHWAY LIGHTING SYSTEM......................................................................................... 24 SECTION 999 - RECORDS/AS-BUILTS..................................................................................................... 24 Division 2 — Technical Provisions - 01025-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th S: 3ignalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 SECTION 001- TECHNICAL SPECIFICATIONS STANDARD SPECIFICATIONS A. All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, January 2020, and Supplemental Specification, Special Provisions and addenda thereto, except as modified and supplemented hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications, and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative. Wherever the Specifications, Supplementals, etc. may refer to the "Owner", "Department", "State of Florida Department of Transportation", or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida. Wherever the word "Owner's Engineer", "District Engineer", "Engineer", "Project Engineer", etc., appears, it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department, Engineering Division acting directly or through duly authorized representatives. Wherever the word "Resident Engineer" appears, it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work. The work to be performed for utility work (if any) shall conform to the applicable technical specifications of the "Indian River County Department of Utility Services, Water, Wastewater, and Reclaimed Water Utility Construction Standards" May, 2019 or the current version. The work to be performed per line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings, Signing & Geometrics Revised March 2012. SECTION 004 - SCOPE OF WORK Section 4-3.9 Value Engineering Incentive is deleted in its entirety. SECTION 101- MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. A. The Contractor shall maintain all grassed and landscaped areas within the project limits in a satisfactory condition until final acceptance of the project. Such maintenance within the limits of construction shall include the mowing of all existing grassed areas within the Right -of -Way, removal of all trash and debris on a weekly basis, and keeping vegetation Division 2 — Technical Provisions - 01025-2 F1Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6th St Signalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 trimmed on all sidewalks. Grass height shall not exceed 6" without mowing. Clippings shall be removed from sidewalk. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 101-1— Mobilization/ Demobilization — Per Lump Sum SECTION 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, except as modified herein. A. GENERAL PROVISIONS -DESCRIPTION: The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. It shall include the construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences, businesses, etc., along the project; the furnishing, installing and maintaining of traffic control and safety devices du-ing construction, the control of dust through the use of calcium chloride if necessary, and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans. The term, Maintenance of Traffic, as used herein, shall include all of such facilities, devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance; all as specified in this Itemized Section 14 of these orovisions and Paragraph 24 in General Conditions Section. B. BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall present his Maintenance of Traffic Plan at or before the pre -construction conference. The Maintenance of Traffic Plan shall indicate the type and location of all signs, lights, barricades, striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen. The plan will indicate conditions and setups for each phase of the Contractor's activities. When the project plans include or specify a specific Maintenance of Traffic Plan, alternate proposals will be considered when they are found to be equal to or better than the plan specified. In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until :approval to change such plan has been received. The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic. Division 2 — Technical Provisions - 01025-3 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and Sth St Signalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS-20201002.docx Division 2 - Technical Provisions, IRC -2002 The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at nighttime, of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design, Construction. Maintenance and Utility Operations On The State Highway System, Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers or other safety devices will be required where unusual, complex or particularly hazardous conditions exist. The above referenced standards we -e developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (MUTCD). D. TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS - INSTALLATION: The responsibility for installation and maintenance of adequate traffic control devices, warning devices and barriers, for the protection of the travel in public and workmen, as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove, turn or cover any devices or barriers which do not apply to existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. NO WAIVER OF LIABILITY: The Contrac or shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F. Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic at all times. G. The Changeable Variable Message Sigr shall be used as necessary. The location, message, and duration shall be as directed by Engineer. H. In addition to above, the Contractor shall comply with INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION in Appendix C. Division 2 —Technical Provisions - 01025-4 I'APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2—TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions. IRC -2002 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 102-1— Maintenance of Traffic — Per Lump Sum SECTION 104 - PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION PART 1—GENERAL 1.1 SCOPE A. This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area. Pollution control measures shall prevent polluted or turbid waters from being discharged from the construction site or work area to undeveloped portions of the site or offsite, including but not limited to Multiple Separate Storm Sewer Systems (MS4s) and Wa _ers of the State. B. The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense. The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area. Note that state regulations do not allow mixing stormwater and dewatering groundwater in the same release — separate and independent discharges are required. C. Pollution control measures specified f erein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project's construction. The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures, when in the sole opinion of the OWNER, they are warranted. If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution, beyond those specified in the Drawings, the Project's approved Stormwater Pollution Prevention Plan (SWPPP), or herein, implement additional best management practices as necessary, in accordance with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual and other references as may be applicable or required by regulatory permits. D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section. Alternatively, the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section. If the OWNER halts the CONTRACTOR's Work as a result of failure to comply with this Section, the Contract time clock will continue to run. E. In addition to these Specifications, comply with Chapter 4 - "Best Management Practices for Erosion and Sedimentation Control" and Chapter 5 — "Best Management Practices for Division 2 —Technical Provisions - 01025-5 F:\Public Works\ENGINEER ING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2—TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions. IRC -2002 Dewatering" of the Florida Erosion and Sediment Control Inspector's Manual. In the event of a conflict between the referenced chapters and these Specifications, the more stringent requirement shall prevail. F, Submit to SIRWMD a "Notice to District of Dewatering Activity" (SJRWMD Form No. 40C- 2.900(12)) prior to commencement of dewatering in accordance with F.A.C. 40C-2.042(9). Provide a copy of the Notice to Indian River County. 1.2 PERMITS A. The OWNER has obtained certain permits for this project and they are listed in paragraph 6.08.13 of the EJCDC Standard General Conditions of the Construction Contract (General Conditions). Per paragraph 6.08.0 of the General Conditions, apply for and obtain all other required federal, state, and local permits, licenses, sampling, and tests. B. Provide copies of all approved permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER. If there is a conflict between any permit requirement and these Specifications or requirements between permits, the more stringent specification or requirement shall govern. C. Pay for all required water quality sampling and laboratory tests. 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans, permits, and these Specifications; and the installed system has been examined by the OWNER for compliance. B. From time to time, the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER. If at any time, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of tie project down that is not in compliance, and it shall remain shut -down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and treatment system plans, specifications, contract documents, and permits. C. Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. In addition to other temporary erosion control measures that may be implemented, application of polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased, unless final landscaping has been installed. Division 2 — Technical Provisions - 01025-6 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 Polyacrylamide application shall be as specified herein. Include polyacrylamide application in the Project's SWPPP. D. Inspect each pollution control system at least once per day and after each rainfall event. Clean and maintain each pollution control system as required until the system is no longer needed. If a water quality violation occurs, immediately cease all work contributing to the water quality violation and correct the problem. Immediately report all water quality violations to the OWNER. Immediately report the discharge of any hazardous substance to the State Warning Point at 800=320-0519 or 850-413-9911. E. Discharge shall not violate State or local water quality standards in receiving waters, nor cause injury to the public health or to public or private property, nor to the Work completed or in progress. The receiving point for water from construction operations shall be approved by the applicable owner, regulatory agency, and the ENGINEER. The receiving point shall be shown on the Project SWPPP. F. Promptly repair all damage at no cost to the OWNER. 1.4 SUBMITTALS A. Shop Drawings: Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340. B. Approved Stormwater Pollution Prevention Plan. C. "Contractor's Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From Construction Activities" 1.5 STORMWATER TREATMENT AND EROSION CONTROL SYSTEM RESPONSIBILITY A. Prepare a site-specific design of the erosion and stormwater pollution control system. Install and maintain all erosion and stormwater pollution control devices under the supervision of a State Certified Stormwater, Erosion, and Sedimentation Control Inspector. Maintain the erosion and stormwater pollution control devices until in the ENGINEER's sole opinion, the devices are no longer necessary (such time not to extend past the date the OWNER formally accepts the project as complete). Before beginning construction, submit to Indian River County, Florida Department of Environmental Protection (FDEP) and other applicable regulatory agencies for review and approval, a Stormwater Pollution Prevention Plan (SWPPP), prepared by the certified erosion control subcontractor. Construction shall not begin until the SWPPP has been approved by Indian River County, FDEP, and all applicable regulatory agencies. Submit the approved SWPPP to the ENGINEER before beginning construction. Include in the SWPPP, the "Contractor's Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From Construction Activities" (located at the end of this Section). Division 2 — Technical Provisions - 01025-7 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 1.6 "POLLUTION" AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. With respect to this Section and as may be further defined in paragraphs 1.6.13, 1.6.C, and 1.6.D, "pollution" is the presence in off-site waters of any substances, contaminants, or manmade or human -induced impairment of off-site waters or alteration of the chemical, physical, biological, or radiological integrity of off-site water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property. Pollutants to be removed include but are not limited to, sediment and suspended solids, solid and sanitary wastes, phosphorus, nitrogen, pesticides, oil and grease, concrete truck washout, stucco mixer washout, curb machine washout, washout from other construction equipment, construction chemicals, and construction debris. B. When the Discharge is Directly Into an Existing Water Bodv An existing water body (including ditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time, the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is at least 29 nephelometric turbidity units (NTUs) higher than the turbidity of the background water upstream of the discharge point(s). [See Fla. Administrative Code 62- 302.530] Exception: When the discharge is directly into or through an outfall discharging into "Outstanding Florida Waters," designated by Florida Statute 403.061(27), the turbidity of the discharged water cannot exceed the turbidity of the immediate receiving water. The ENGINEER or OWNER shall determine the locations where the turbidity is measured. C. When the Discharge is not Directly Into an Existing Water Body In some instances, dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such as by overland flow. If the discharge water's TSS and turbidity measurements exceed pre -construction background values by 20 percent for TSS and 29 NTUs for turbidity, then the discharge is defined to be polluted. D. When Pollution Always Occurs The discharge from a construction site or work area is defined to be polluted whenever the pH of the discharge is less than 6.5 or greater than 8.5, or whenever any of the following is present in the discharge water: (1) Hazardous waste or hazardous materials in any quantity, (2) Any petroleum product or by-product in any quantity, (3) Any chemical in any quantity, or (4) Concentrated pollutants. E. Above paragraphs 1.6.13, 1.6.C, and 1.6.D do not in any way, limit the types of conditions in which pollution may be determined to occur. 1.7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A. In addition to the OWNER's specific remedies, if erosion or pollution is caused by dewatering water or stormwater runoff from the construction site, the OWNER may report the violations to Indian River County Stormwater Enforcement, SJRWMD, FDEP, Indian River Farms Water Control District (or other F. S. Chapter 298 Drainage District, as appropriate), and other pertinent regulatory or enforcement agencies. Division 2 — Technical Provisions - 01025-8 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th S, Signalization\1-Admin0ds0d Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 PART 2 - MATERIALS AND INSTALLATION 2.1 GENERAL A. Polyacrylamide: As required in Paragraph 1.3.C, place polyacrylamide (PAM) on bare ground to reduce the potential for erosion ar•d cover it with hay, jute, or mulch. PAM may also be used in water bodies to remove turbidity. In all cases, use the anionic form of polyacrylamide that does not stick to fish gills. For PAM information and its proper application, a contact is Applied Polymer Systems, Inc., (678) 494-5998, www.siltstor).com. B. Staked Silt Fences: 1. General: Use silt fences to control runoff from the construction site where the soil has been disturbed. 2. Installation: Install per the manufacture's recommendations and as specified herein. In general, install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric. All supporting posts shall be on the down-slope side of the fencing. Place the bottom of the fabric 6 -inches minimum, under compacted soil to prevent the flow of sediment underneath the fence. Place silt fences away from the toe of slopes. Otherwise, work shall conform to Section 104 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. 3. Product: All material shall be new and unused. Use FDOT Types III through IV silt fences where large sediment loads are anticipated, where slopes are 1:2 (vertical: horizontal) or steeper, or as directed by the ENGINEER; otherwise use FDOT Type II silt fence. C. Turbidity Barriers: 1. General: Use turbidity barriers to control sediment contamination of rivers, lakes, ponds, canals, etc. 2. Installation: Install per the manufacturer's recommendations and per Section 104 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction unless directed otherwise by the ENGINEER. 3. Product: All material shall be new and unused. The turbidity barrier shall be a pervious barrier and the fabric color shall be yellow. Use staked turbidity barriers in water less than one -foot deep. Use floating turbidity barriers in water one -foot or deeper. D. Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags: 1. Filter bags shall be manufactured using a polypropylene non -woven geotextile and sewn by a double -needle machine, using a high strength nylon thread. The bag shall have a fill spout large enough to accommodate a 4 -inch pump discharge hose. Straps shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many filter bags as required, at no additional cost to the OWNER. Legally dispose of Division 2 — Technical Provisions - 01025-9 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and Bth St 3ignalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 the bags offsite, at no cost to the OWNER. If the bags are placed on aggregate to facilitate filtration efficiency, do not use limerock aggregate — use non -calcareous rock. 3. Product: The filter bag shall be supplied with lifting straps. a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental, Inc. (1-800- 448-3636). b. "DANDY DEWATERING BAG" supplied by Dandy Products, Inc. (1-800-591-2284). c. Or equivalent. E. Curb Inlet Protection: 1. Filter stormwater before it enters curb inlets. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. The length of the curb inlet filtration device shall be at least 2 -feet longer than the curb inlet opening. a. "GUTTERBUDDY," supplied by ACF Environmental, Inc. (1-800-448-3636). b. Or equivalent. F. Catch Basin Protection: 1. Filter stormwater before it enters catch basins (drop inlets). The filter "sack" shall be manufactured from woven polypropylene geotextile and sewn by a double -needle machine, using a high strength nylon thread. The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features: two dump straps attached at the bottom to facilitate emptying; lifting loops as an integral part of the system to oe used to lift the sack from the basin; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls. The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER, 3. Product: All materials shall be new and unused. a. "SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1-800-448- 3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579-8819). C. Or equivalent. G. Construction Site Egress Driveways: Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels. Construct a crushed rock driving surface at the vehicle exit point(s). Locate the site egress driveways a minimum of 25 feet from all drainage inlets or pipes. Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area. Provide wash - down stations as required to wash vehicle tires and retain all washwater on-site. Do not use limerock. Division 2 —Technical Provisions - 01025-10 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids0id Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 H. Rock and Stone for Erosion Control and Pollution Control and Treatment: 1. Crushed Limerock: Limerock shall not be used under any circumstance. 2. Acceptable Material: FDOT #4 non -calcareous aggregate, washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction, Section 901. Hay Bales: Hay bales shall not be used. PART 3 - EXECUTION A. Design, construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities. B. Apply polyacrylamide in strict accordance with the polyacrylamide manufacturer/supplier's recommendations and specifications. C. REPAIR ALL EROSION DAMAGE — At no additional cost to the OWNER and regardless of the state of completion of the Work, immediately clean all dirt and debris from all pipes and drainage structures; and repair all flooding, washouts, and all other erosion damage to the Work. This responsibility shall not end until Final Acceptance of the Work by the OWNER. Included is damage caused by erosion of any kind (e.g. wind, waves, stormwater runoff, hurricanes, etc.) including Acts of God. Restore all erosion damaged areas to design grades and elevations. Also, refer to General Conditions 6.13.8. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 104-2 — Prevention, Control & Abatement of Erosion & Water Pollution - Per Lump Sum [The remainder of this page was left blank intentionally] Division 2 — Technical Provisions - 01025-11 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2—TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 PERMITTEE'S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to Indian River County for the following project: 66T" AVENUE & 81-H STREET SIGNALIZATION IMPROVEMENTS STATE OF COUNTY OF Personally, before me the undersigned authority, appeared stated as follows: 1. This sworn statement is submitted by the PERMITTEE, se business address is and (if applicable) its Federal Identification No.(FEIN) is 2. My name is who upon oath duly administered, and my relationship to the entity named above is (if signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) 3. PERMITTEE understands and agrees that in addition to complying with the terms and conditions of the Stormwater Management System Permit issued by Indian River County, Permittee is responsible for complying with the terms and conditions of the following as applicable to the site: (a) State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger), (b) Stormwater Pollution Prevention Plan (regardless of project size), (c) St. Johns River Water Management District permit(s) (regardless of project size), (d) Florida Department of Environmental Protection permit(s) (regardless of project size), (e) All other permits required for this project not specifically listed herein, and (f) All Codes and Ordinances of Indian River County. 4. PERMITTEE understands and agrees that "pollution" as defined by Florida Statutes Chapter 403.031(7) includes: "... the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human -induced impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or Division 2 — Technical Provisions - 01025-12 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2—TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law." 5. PERMITTEE understands and agrees that in addition to the definition set forth in Item 4 above, "pollution" is also defined by Florida Administrative Code 62-302.530 and as may be further defined in the Indian River County permit(s). 6. PERMITTEE understands that Indian R ver County requires the design, installation, and maintenance of proper erosion control measures at all times UNTIL Final Acceptance of the Project by the OWNER. 7. PERMITTEE understands that there are civil and criminal penalties for pollution listed in Florida Statutes Ch. 403.141 and Ch. 403.161 and that there are other penalties listed in Indian River County's permits, including but not limited to, Indian River County issuing a Cease and Desist Order for the project. CONTRACTOR understands that it may be liable for these and other penalties if offsite pollution occurs as a result of activities associated with the Project. 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one (21) days of any transfer of ownership or control of the real property at which the permitted activity, facility, or system is located or authorized, the Permittee shall notify in writing, both the Indian River County Engineering Division and the Indian River County Stormwater Division of the transfer. Permittee shall provide the name, mailing address, and telephone number of the transferee and a copy of the instrument effectuating the transfer. Said notification is in addition to notifying the County Attorney's Office as required by County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Permittee must provide (1) the information required in Item 8(a); (2) a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit; and (3) a new "Permittee's Affidavit" form properly executed by the transferee. Upon proper receipt of these items the County shall transfer the permit to the transferee. (c) Permittee is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility, system, or activity is located or authorized. However, the transfer shall not be effective prior to the sale or legal transfer. (d) An "Illicit Discharge Sign" must be present at the site at the time of transfer. Replacement or additional signs may be obtained from the Indian River County Public Works Department at a cost of $30.00 per sign. Division 2 — Technical Provisions - 01025-13 `:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th S 3ignalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 Under penalty of perjury, PERMITTEE declares that it has read the foregoing affidavit and the facts stated in it are true. FURTHER AFFIANT SAYETH NAUGHT CONTRACTOR: Authorized Signature: Printed Name: Date: Work Telephone: Mobile Telephone: ********************************* The foregoing instrument was subscribed and sworn to before me this _ day of , 20_ by has produced My Commission expires: ++ END OF SECTION ++ who is personally known to me or as identification and who did take oath. Notary Public State of Florida at Large Division 2 —Technical Provisions - 01025-14 `APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th S! Signalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx SECTION 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Transportation Standard Specifications for Road modifications: Division 2 - Technical Provisions, IRC -2002 Section 110 of the Florida Department of and Bridge Construction with the following A. Prior to any clearing and grubbing, the contractor will stake the right-of-way. Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetation, rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected. Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade. No stumps, roots, or perishable matter of any description shall remain under concrete slabs or footing, in- cluding pavement and sidewalks. B. No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved, after a review of the project site with the Contractor's representative. C. Where the final pavement or structural work will be close to existing trees, the Contractor shall exercise care in the vicinity of the trees. Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization, structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots. If directed by the Engineer or where shown on the drawings, work shall be done by hand in order to protect the trees. D. The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures. The Contractor shall not pull hair or major root structures. All severed roots shall be sawn clean and paint with pruning paint. Stumps, roots, etc., shall be completely removed and disposed of by the Contractor. Undesirable, dead, and/or damaged trees (as so designated by the Engineer) shall be removed. E. All trees to be removed shall be disposed off site; burning will be strictly prohibited. F. All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required, this work shall be done in cooperation with the Owner and at no additional expense to the Owner. G. All items to be removed shall be excavated to their full depth. All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County free of charge. (See Paragraph C, Special Provisions) The Contractor shall transport the culverts to the County's storage yard. All metal castings for catch basins, manholes, or other structures shall be carefully removed and stored in the County's Storage Yard if they are deemed salvageable by the Engineer. The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner. Division 2 —Technical Provisions - 01025-15 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and Sth St Signalization\1-Admin\Bids\Bid Documents\DIV 2—TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 Any culverts, structures or any material excavated or removed from the project site under clearing and grubbing deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the Contractor. Where required, suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground. The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications. H. No additional payment will be made, nor will additional work, or change orders be authorized for work needed to remove, relocate, protect, or otherwise account for in the construction of the work depicted in the plans, for any feature, or item that would be apparent from a careful inspection of the site and review of the plans, even though such feature or item is not specifically called out in the plans. It is therefore essential the contractor make such inspection and review. I. The unit price bid for this item shall include the cost of all labor, tools, and equipment necessary to excavate, remove, and dispose of those items as directed by the Engineer and where designated on the Drawings. The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 110-1-1— Clearing & Grubbing— Per Lump Sum SECTION 327 - MILLING OF EXISTING ASPHALT PAVEMENT The work specified in this item shall conform to Section 327 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 327-70-6 — Asphalt Pavement Milling (1.5" Avg. Depth) — Per Square Yard SECTION 337 - ASPHALT CONCRETE FRICTION COURSES The work specified in this item shall conform to Section 337 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Sub article 337-12.1 through 337-12.3 — Basis of Payment shall be deleted in its entirety. Sub article 337-12.4 — Payment shall be amended as follows: Division 2 — Technical Provisions - 01025-16 I'APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signa1ization\1-Admin\Bids\Bid Documents\DIV 2—TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 337-7-83 — Asphalt Concrete Friction Course (FC -12.5) (Traffic Level C, PG 76-22 w/Polymer), 1.5 -inch —Per Ton SECTION 570 - PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. A. Description: Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer. This work shall also include mowing, to be mowed at maximum 6" height with a mulching mower. B. Work Included: Scope of Work: The work specified in this section consists of the establishing of a stand of grass, within the project, right-of-way, easements, and other areas indicated on the Drawings, by furnishing and placing grass sod. Also included are fertilizing, watering and maintenance as required to assure a healthy stand of grass. Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed". C. Guarantee: All sodded areas shall be guaranteed for one year after date of final acceptance. Replacement of Defective Sod: Any dead sod or sod showing (less than 95% of a square) indication of probable non survival or Pack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months. All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks. D. Fertilizer: Commercial fertilizers shall comply with the Indian River County Fertilizer Ordinance 2013-012 and Supplement Ordinance 2013-014 (see Appendix B). E. Water for Grassing: Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570-3.6. F. Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of Division 2 —Technical Provisions - 01025-17 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St 5 gnalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 ground preparation. G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6.0-7.0. Contractor shall apply two (2) applications. The initial shall be fertilizer and the second application shall be "weed and feed". The fertilizer shall be spread uniformy over the sodded area at the rate of 436 pounds per acre, or 10 pounds per 1,000 square feet, by a spreading device capable of uniformly distributing the material at the specified rate. Contractor shall apply applications as per manufacturer's specification. All tickets from bags shall be handed over to the County Inspector. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches. H. Placing Sod: The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6 inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1%2" below paved shoulder. On slopes greater than 3:1, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. Sodding shall not be performed when weather and soil conditions are, in the Engineer's opinion, unsuitable for proper results. Sod shall be placed around all structures, equipment pads, etc. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth o= the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. Division 2 — Technical Provisions - 01025-18 F:\PubIicWorks\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowing. Clippings shall be removed from sidewalk. K. Article 570-9. The first two paragraphs under this Article are deleted and the following is added: The contract unit price for performance turf shall include the costs of sod, fertilizer (2 applications), sidewalk sweeping after mowing, mowing, pegging disposal of clippings, water, tools, equipment, labor and all other incidentals necessary. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 570-1-2 — Performance Turf (Sod) (Bahia) - Per Square Yard SECTION 630 - CONDUIT The work specified in this item shall conform to Section 630 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 630-2-11 Conduit (Signal) (F&I) (Open Trench) — Per Linear Foot Bid Item No. 630-2-12 Conduit (Signal) (F&I) (Directional Bore) — Per Linear Foot SECTION 632 — SIGNAL CABLE The work specified in this item shall conform to Section 632 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 632-7-1— Cable, Signal (F&I) — Per Intersection SECTION 635 — PULL, SPLICE AND JUNCTION BOXES The work specified in this item shall conform to Section 635 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Division 2 —Technical Provisions - 01025-19 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalizabon\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 635-2-11- Pull Box (F&I) (Traffic Signal) — Per Each SECTION 639 — ELECTRICAL POWER SERVICE ASSEMBLIES The work specified in this item shall conform to Section 639 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 639-1-122 — Electrical Powe- Service (Signals) (Underground) (Meter Purchased by Contractor) — Per Assembly Bid Item No. 639-2-1 — Electrical Service Wire, (F&I) — Per Linear Feet Bid Item No. 639-3-11 — Electrical Service Disconnect (F&I) (Pole Mounted) — Per Each SECTION 641- PRESTRESSED CONCRETE POLES The work specified in this item shall conform to Section 641 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 641-2-12 - Prestressed Concrete Pole (F&I) (Type P -II Service Pole) — Per Each SECTION 646 - ALUMINUM POLES, PEDESTALS AND POSTS The work specified in this item shall conform to Section 646 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 646-1-11—Aluminum Signals Pole (F&I) (Pedestal) — Per Each SECTION 649 - GALVANIZED STEEL POLES, MAST ARMS AND MONOTUBE ASSEMBLIES The work specified in this item shall conform to Section 649 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Division 2 — Technical Provisions - 01025-20 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\3ids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 649-21-3 — Mast Arm (F&I) (Wind Speed - 150) (Single Arm w/Luminaire) (40') — Per Each SECTION 650 - VEHICULAR TRAFFIC SIGNAL ASSEMBLIES The work specified in this item shall conform o Section 650 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 650-1-14— Traffic Signal (F&I) (3 -Section) (1 -Way) —Per Assembly Bid Item No. 650-1-18 — Traffic Signal (F&I) (3 -Section) (1 -Way) (Straight) — Per Assembly SECTION 653 - PEDESTRIAN SIGNAL ASSEMBLIES The work specified in this item shall conform to Section 653 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 653-1-11— Pedestrian Signal (F&I) (LED Countdown) (1 -Way) — Per Assembly SECTION 660 - VEHICLE DETECTION SYSTEM The work specified in this item shall conform to Section 660 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 660-4-11— Vehicle Detection System (F&I) (Video) (Cabinet Equipment) — Per Each Bid Item No. 660-4-12 —Vehicle Detection System (F&I) (Video) (Above Ground Equipment) — Per Each SECTION 665 - PEDESTRIAN DETECTION SYSTEM The work specified in this item shall conform to Section 665 of the Florida Department of Division 2 —Technical Provisions - 01025-21 F:\Pub1icWorks\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\13ids\13id Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 665-1-11— Pedestrian Detector (F&I) (Standard) — Per Each SECTION 670 - TRAFFIC CONTROLLER ASSEMBLIES The work specified in this item shall conform -o Section 670 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 670-5-111—Traffic Controller Assembly (F & 1) (NEMA) (One Preemption Plan) - Per Assembly SECTION 684 -NETWORK DEVICES The work specified in this item shall conform to Section 684 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 684-1-1- Managed Field Ethernet Switch (F&I) — Per Each SECTION 685 - TRAFFIC CONTROL SYSTEM AUXILIARIES The work specified in this item shall conform to Section 685 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 685-1-13 — Uninterruptable Power Supply (F&I) Line Interactive w/ Cabinet — Per Each SECTION 700 - HIGHWAY SIGNING A. Signing for traffic control shall conform to the requirements of the Standard Specifications, Division 2 — Technical Provisions - 01025-22 I'APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin0ds0d Documents\DIV 2—TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 Manual on Uniform Traffic Control Devices, Supplemental Specifications, Roadway and Traffic Design Standards, manufacturer's specifications. B. Traffic Signs: All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits. Care shall be exercised by the Contractor during removal, storage and relocation so as not to damage the signs. If any damage occurs, as determined by the Owner's Engineer cr Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation. Item of Payment Payment shall be made under: Bid Item No. 700-1-60 — Single Post Sign (Remove) - Per Assembly Bid Item No. 700-12-61— Sign Beacon (Remove) - Per Assembly Bid Item No. 700-5-22 — Internally Illuminated Sign (F&I) (Overhead Mount, 12-18 SF) — Per Each SECTION 706 - RAISED PAVEMENT MARKERS AND BITUMINOUS ADHESIVE The work specified in this item shall conform to Section 706 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. A. All reflective pavement markers shall be 4" x4". Item of Payment Payment shall be made under: Bid Item No. 706-3 — Retro -Reflective Pavement Markers - Per Each SECTION 711- THERMOPLASTIC PAVEMENT MARKINGS The work specified in this item shall conform to Section 711 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 711-11-121- Thermoplastic (Standard) (White) (Solid) (6") — Per Linear Foot Bid Item No. 711-11-123 - Thermoplastic (Standard) (White) (Solid) (12") — Per Linear Foot Bid Item No. 711-11-125 - Thermoplastic (Standard) (White) (Solid) (24") — Per Linear Foot Bid Item No. 711-11-160 - Thermoplastic (Standard) (White) (Message or Symbol) — Per Each Bid Item No. 711-11-170 - Thermoplastic (Standard) (White) (Arrow) — Per Each Division 2 — Technical Provisions - 01025-23 I'APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 Bid Item No. 711-11-221- Thermoplastic (Standard) (Yellow) (Solid) (6") — Per Linear Foot SECTION 715 — HIGHWAY LIGHTING SYSTEM The work specified in this item shall conform to Section 715 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 715-1-11- Lighting Conductors, F&I, Insulated, (No. 10 or <) - Per Linear Foot Bid Item No. 715-5-31— Luminaire & Bracket Arm, F&I (New) — Per Each SECTION 999 - RECORDS/AS-BUILTS GENERAL Maintain, prepare and provide the ENGINEER with record documents as specified below, except where otherwise specified or modified within the scope of work provided in the specific project contract documents. The Contractor and/or Developer shall be responsible for, and required to provide, Record Drawings as outlined in this section. MAINTENANCE OF RECORD DOCUMENTS: 1. Maintain in CONTRACTOR's field office in clean, dry, legible condition complete sets of the following project documents: Drawings, Specifications, Addenda, approved Shop Drawings, samples, photographs, Change Orders, other modifications of Contract Documents, test records, survey data, Field Orders, and all other documents pertinent to CONTRACTOR'S Work. 2. Provide files and racks for proper storage and easy access. 3. Make documents available at all times for inspection by ENGINEER and OWNER. 4. Do not use record documents for any other purpose and do not remove them from the field office. Label each document "RECORD DRAWING" in 2 -inch high printed letters. Keep record documents current at all times. 7. No work shall be permanently concealed until the required record data has been obtained. RECORD / AS -BUILT DRAWINGS A. During the construction operation, the CONTRACTOR shall maintain records of all deviations from the approved Project Plans and Specifications and shall prepare therefrom "RECORD" Division 2 — Technical Provisions - 01025-24 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.cocx Division 2 - Technical Provisions, IRC -2002 drawings showing correctly and accurately all changes and deviations from the work made during construction to reflect the work as it was actually constructed. B. The Record/As-Built survey shall be performed and subsequent plans prepared by a Professional Surveyor and Mapper, registered in the state of Florida and certified to the standards set forth in Chapter 472, Florida Statutes and Chapter 5J-17.050 Florida Administrative Code (Florida Minimum Technical Standards). C. Field measurements of verticaR or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. Clearly shown by symbols, notations, or delineations, those cons ructed improvements located by the survey. D. All vertical information (elevations) provided on the Record Drawings shall be referenced to the North American Vertical Datum of 1988 (NAVD 88) unless otherwise specified by the Project Engineer. E. The horizontal information provided on the Record Drawings shall be referenced to the State of Florida, State Plane Coordinate System, Florida East Zone as established by Global Positioning System (GPS) which meets or exceeds Third Order Class I Accuracy Standards according to current publication of the Federal Geodetic Control Committee (FGCC) procedures. F. All Record/As-Built drawings shall be prepared in digital format (ACAD Civil 3D 2013) and shall utilize the digital design drawings as prepared by the Project Engineer as a base for the Record/As-Built drawings. It is the responsibility of the Surveyor to request these files from the Contractor or Project Owner in order to produce the Record/As-Built drawing set. G. ALL improvements proposed to be constructed as shown on the approved construction plans shall be field measured upon completion and shown on the Record/As-Built survey. Any improvements that appear in both plan and profile views shall show the Record/As-Built information in both views. H. The following items are required to be shown on all Indian River County project Record/As- Built drawings submitted to the County: DRAINAGE: 1. Right-of-way Swale/Drainage — All culvert inverts, elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 2. Pipe Culvert/PVC Sleeves — All inve-ts, pipe size, stations and offsets. 3. Outfalls — All pipe inverts, pipe size; elevations and station offsets, weir box elevations, weir elevation, bleeder elevation and sizes. Division 2 —Technical Provisions - 01025-25 'APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St 3ignalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS-20201002.docx Division 2 - Technical Provisions, IRC -2002 4. Roadway/Off Site Drainage — All inverts, elevations and station offsets; manhole top elevation; grate top elevations. 5. Retention Ponds — Provide perimeter elevations, grade breaks, depths and calculated pond areas at control elevation and grade breaks above and below water surface. Show as -built of typical cross section as shown on design plan. ROADWAY: 1. Stations and offsets related to controlling baseline and elevations of all structures, side street and major driveway radius returns (edge of pavement), bends and/or change in direction of roadway alignment, minimum of 1000' intervals along roadway alignment. 2. Elevations along Profile Grade Line (PGL), of all edge of pavements on each side of Profile Grade Line (PGL), at medians at the high/low and PVI points along Profile Grade Line (PGL). 3. All final Elevations to be plotted on PGL AND Plan & Profile sheets as applicable. 4. Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets. WATER, FORCE, AND RECLAIMED WATER MAINS: 1. Show size and type of material used to construct mains. 2. Show horizontal location and elevation of all tees, crosses, bends, terminal ends, valves, fire hydrants, air release valves, and sampling points, etc., by distances from known reference points. 3. Show location, size and type of material of all sleeves and casing pipes. 4. Elevation and horizontal location of all storm sewers, gravity sewers including laterals, force mains, water mains, etc. which are crossed; including clearance dimension at all conflicts or crossings. 5. Top of pipe elevation and horizontal location of all water and force main stub -outs. 6. Horizontal location of all services at the property lines. 7. Horizontal and vertical location of pipe including size of all mains and ground elevation shall be obtained at one -hundred (100) foot intervals. Contractor shall place temporary PVC stand pipes (tell -tales) at each of the one -hundred (100) foot intervals and at all fittings and conflicts/crossings to facilitate the record drawing survey. The tell-tale pipes shall ae constructed of 2 -inch PVC pipe, shall be placed on the top of the pipes to be surveyed, and shall be removed by the Contractor after completion of the field survey by the "As -Built" Professional Surveyor. 8. Location of fire lines. 9. Dedicated easement locations, identified by O.R. Book and Page Number. GRAVITY SEWER: 1. Manholes: Elevation of top rim, bottom elevation and invert of each influent and effluent line. Division 2 —Technical Provisions - 01025-26 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St S..gnalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAI PROVISIONS-20201002.docx Division 2 - Technical Provisions, IRC -2002 2. Show distance between manholes center -to -center and horizontal location by baseline station and offset. 3. Show material size and type used to construct sewer mains. 4. Show length (center of manhole to end of stub) distances from known reference points or baseline offsets, and elevation of stub -outs. 5. Show which services have twenty (20) foot length of DIP at water main crossings. 6. Show station and offset location of sanitary services at property line. Particular care in dimensioning needed in special situations, i.e., cul-de-sacs and locations where services are not perpendicular to wye. 7. Show invert elevation of sanitary service at property line. 8. Any and all necessary dedicated easement locations, identified by O.R. Book and Page Number. PUMP / LIFT STATION: Record Drawings shall show elevations for the top and bottom and diameter of wet well along with invert of effluent line. Record Drawings should also indicate the make, model number, horsepower, impeller and condition point of pumps selected and installed, shape of wet well, location of control panel, location of pump out connection, float level settings, any deviation from the plans, and serial number(s) of the pump(s). SURVEY CONTROL 1. Install/re-establish: It shall be t;3"e contractor's responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472, Florida Statutes, to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction. 2. New roadway alignment control points (survey baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State plane coordinates and elevations for all control points. 3. If shown on plans or not: Any PAlic Land Corner or Governmental Survey Control point(s),vertical control (bench marks), property corners destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s) shall be notified in writing of disturbance and re -establishments. Division 2 — Technical Provisions - 01025-27 F:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th S2Signalization\1-Admin\Bids\Bid Documents\DIV 2—TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 RECORD/AS-BUILTS DRAWINGS FORMAT - SUBMITTAL A. ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As -Built (record) information. CONTRACTOR shall deliver seven (7) certified sets of Record/As-Builts with Electronic Drawing files prepared in AutoCAD Civil 3D 2013 AND PDF format or in current version as agreed by the ENGINEER. C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record drawing(s). Said drawing(s) shall clearly state type of survey, positional tolerances, adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida, any standards set forth by Florida Statutes, Administrative code and Minimum Technical Standards for As-Built/Record surveys. D. All Record/As-Built drawings are subject to review and approval by County Surveyor. ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. COMPLETION OF WORK Upon Substantial Completion of the Work, deliver Record Drawings/As-Built Drawings to ENGINEER. Final payment will not be made until satisfactory record documents are received and approved by ENGINEER. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 999-1— Construction Layout/Record Drawings — Per Lump Sum Division 2 — Technical Provisions - 01025-28 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\I3ids0d Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Board of Professional Surveyors and Mappers Record As -Built Survey Checklist Lic. Name Date: Division 2 - Technical Provisions, IRC -2002 Project Name: 661" AVENUE & 8TTH STREET SIGNALIZATION IMPROVEMENTS Project No.: IRC -2002 Chapter 611317-6 Minimum Technical Standards F.A.C. 611317-6.003 General Survey, Map, and Report Content Requirements (1) REGULATORY OBJECTIVE: The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective, surveyors and mappers must achieve the following minimum standards of accuracy, completeness, and quality: ❑ (a) Accuracy of survey measurements based on the type of survey and expected use. ❑ (b) Measurements made in accordance with the United States standard, feet or meters. ❑ (c) Records of measurements maintained for each survey (check field notes.) ❑ (d) Measurement and computation records dated. ❑ (e) Measurement and computation records substantiate the survey map. ❑ (f) Measurement and computation records support accuracy statement (closure calculations or redundant measurements, if applicable.) (2) Other More Stringent Requirements: ❑ (a) Met more stringent requirements set by federal, state, or local governmental agencies. (3) Other Standards and/or Requirements that Apply to All Surveys, Maps, and/or Survey Products: ❑ (a) REGULATORY OBJECTIVE: In order to avoid misuse of a survey and map, the surveyor and mapper must adequately communicate the survey results to the public through a map, report, or report with an attached map. (b) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective, surveyors and mappers must meet the following minimum standards of accuracy, completeness, and quality: Division 2 — Technical Provisions - 01025-29 FAPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx ❑ (c) Type survey stated on map and report: As -Built Survey Boundary Survey Condominium Survey Mean High Water Line Survey Quantity Survey Record Survey Division 2 - Technical Provisions, IRC -2002 Construction Layout Survey Control Survey Hydrographic Survey Specific or Special Purpose Survey Topographic Survey ❑ (d) Name, certificate of authorization number, and street and mailing address of the business entity on the map and report. ❑ (e) Name and license number of the surveyor and mapper in responsible charge. ❑ (f) Name, license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report. ❑ (g) Survey date (date of data acquisition.) ❑ (h) Revision date for any graphic revisions (when survey date does not change.) ❑ (i) Map and report statement "Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper." ❑ (j) Insurance statement in %" high letters "The survey depicted here is not covered by professional liability insurance" if there is no professional liability insurance. ❑ (k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. ❑ (1) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise. ❑ (m) Bearings, distances, coordinates, and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise. ❑ (n) Bearing reference (well established and monumented line) ❑ (o) A designated "north arrow" ❑ (p) Stated scale or graphic scale ❑ (q) Abbreviations in legend or notes. ❑ (r) Special conditions and any necessary deviation from the standards noted upon the map or report. ❑ (s) Responsibility for all mapped features stated on the map or report ❑ (t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others. Division 2 — Technical Provisions - 01025-30 `:\Public Works\ENGINEERING DIVISION PROJECTS\2002 66th Aye and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 (u) Map Accuracy. (1) Vertical Feature Accuracy: ❑ (a) Vertical Control: Field -measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark. ❑ (b) Closure in feet must be accurate to a standard of plus or minus .05 ft. times the square root of the distance in miles. ❑ (c) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s) upon which the survey is based. ❑ (d) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum. (2) Horizontal Feature Accuracy: ❑ (a) Horizontal Control: All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based. ❑ (b) Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum. ❑ (c) The accuracy of control survey data shall be verified by redundant measurements or traverse closures. All control measurements shall achieve the following closures: Commercial/High Risk Linear: 1 foot in 10,000 feet; Suburban: Linear: 1 foot in 7,500 feet; Rural: Linear: 1 foot in 5,000 feet; ❑ (d) When statistical procedures are used to calculate survey accuracies, the maximum acceptable positional tolerance, based on the 95% confidence level, should meet the same equivalent relative distance standards as set forth in 61G17- 6.003(3)(p)(2.)(c) F.A.C. ❑ (e) Intended Display Scale: All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: "This map is intended to be displayed at a scale of 1/_ or smaller". Division 2 — Technical Provisions - 01025-31 PiPublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -2002 61G17-6.004 Specific Survey, Map, and Report Requirements (1) As-Built/Record Survey: ❑ (a) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. ❑ (b) Clearly shows by symbols, notations, or delineations, those constructed improvements located by the survey. ❑ (c) All maps prepared shall meet applicable minimum technical standards. ❑ (d) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations. (END OF SECTION) Division 2 — Technical Provisions - 01025-32 `APublic Works\ENGINEERING DIVISION PROJECTS\2002 66th Ave and 6th St Signalization\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx APPENDIX A PERMITS Entities with permitting authority in the project area: • IRC • SJRWMD • IRFWCD Appendix A -Permits F:\Public Works\ENGINEERING DIVISION PROJECTS\20C•2 66th Ave and 8th St Signalization\1-Admin\Bids\Bid DOcumenWAPPENDIX.clou APPENDIX B INDIAN RIVER COUNTY FERTILIZER ORDINANCES Appendix B -IRC Fertilizer Ordinances F:\Public Works\ENGINEERING DIVISION PROJECTS\200266th Ave and 8th St Signalization\1-Admin\Bids\Bid DocumentslAPPENDIX.docx ORDINANCE NO. 2013 - n17 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MODEL ORDINANCE FOR FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; DIRECTING COUNTY ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WEBSIri'E, AND AN EFFECTIVE DATE. WHEREAS, as a result of impairment to Indian River County's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or canals within the boundaries of Indian River Colony, the Board of County Commissioners has determined that the use of fertilizers on lands within Indian River County creates a risk of contributing to adverse effects on surface and/or ground water; and WHEREAS, in order to address this risk, the Board of County Commissioners has determined that it is not only critical to adopt the Florida Department of Environmental Protection's Model Ordinance for Florida -Friendly Use of Fertilizer on Urban Landscapes, but that as part of Indian River County's science -based, and economically and technically feasible, comprehensive program to address nonpoint sources of nutrient pollution, additional and more stringent standards are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to the surface and/or ground water of Indian River County; and WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator; requires proper training. of Commercial Fertilizer Applicators and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; and specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and -on Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of Indian River County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality, F:tAt:ornryUJK3e1(iENERAGkReroJut.ouAOnt.mrr sL w,�cr,.lFerridar�3l def FnNiGur .20 IJ [FinalJfA.gut 20A&Page 1 of 9 ORDINANCE NO. 2013 - 012 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authoritv. Article V11I, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home mile powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Adoption of Chapter 316 of the Code of Indian River County (the "Code"). Chapter 316 of the Code is hereby adopted, as follows (new language is indicated by underline): Section 316.1. Title. This chapter shall be known as the "Indian River Countv Fertilizer and Landscape Management Ordinance." Section 316.2. Definitions. For the purposes of this chapter the following terms shall have the follq) idU meanings: "Administrator" shall mean the County Administrator,_ or an administrative official of the County designated by the County Administrator to administer and enforce the provisions of this chapter. "Application" or "apply" shall mean the actual physical deposit of -fertilizer to turf or landscape plants. "Applicator" shall mean any Person who applies fertilizer on turf and/or landsc o. plants in Indian River County. "Board" shall mean the Indian River County Board of County Commissioners "Best Mana-aement Practices'' shall mean turf and landscape practices or combination of practices based on research field-testing and expert review, determined to be the most effective F:UrronuylUndoICSNER,CLVteadur:onaAprdlnaw<1pmWrum�xyrnffher�dd FrrtUizerOfd.•icxr-e043 /F1no1)(Ax�.st20).darx Page 2 of ORDINANCE NO. 2013 — and -oracticable on -location paeans, including economic and technological considerations for improving water quality, conserving water supplies and protecting natural resources "Cha ter 85-427" shall mean The Indian River Coun Environmental Control Act Chater 85- 427, Special Acts Laws of Florida "Code Enforcement D icer shall mean any designated employee or agent of Indian River County whose duly it is to enforce codes and ordinances enacted by Indian River County. "Commercial .Fertilizer Applicator," e_ xcept as provided in §482.1562(9), Florida Statutes shall mean anyeerrson who applies fertilizer for payment or other consideration to property not owned by the person or flim applying the fertilizer or the employer of the applicator. "Code" shall mean `Phe Code of Indian River Qounty "Environmental Control Offrcer" shall mean the Indian River County Environmental Control Officer appointed by the Board pursuant to Chapter 85-427 and Chapter 303 (Part 1) of this Code, and his or her designees. "Fertilize," "fertflizft- or "fertilization" stall mean the act of agplying fertilizer to turf, specialized turf or landscape plants "Fertilizer" shall mean any substance or mixture of substances that contains one or more recognized plant nutrients and d�promotes plant growth or controls soil acidity or alkalinity, or provides other soil enrichmentz or provides other corrective measures to the soil. "Heavy rain" shall mean rainfall greater than two inches in a 24 hour period "Institutional Fertilizer Ap licator" shall mean any person other than a private non-commercial applicator or a Commercial Fertilizer Applicator unless such definitions also applyumder the circumstances) that applies fertilizer for the purpose of maintaining turf andlor landscape plants. Institutional Fertilizer Applicators shall include but shall not be limited to owners managers or employees of public lands schools, parks religious institutions utilities industrial or business sites and any residential properties maintained in condominium andlor common ownership. "Landscape plant" shall mean any native or exotic tree shrub or groundcover excluding tort) "Low maintenance zone" shall mean an area a minimum of ten feet wide adiacent to water courses which is planted and managed in order to minimize the need for fertilization waterier mowing, etc. "Person" shall mean any natural person, business corporation_, limited liability company partnership limited partnership association club organization, and/or any group of people acting as an organized entiiv. F: U1MrmyVJ iCENQlALIAcsefxNav& -7/JS0-omn.020" Page 3 of ORDINANCE NO. 2013 - 012 "Restricted Season" shall mean June 1 through September 30, "Saturated soil" shall mean a soil in which the voids are filled with water. Saturation does not re wire flow. For the purposes of this chapter, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. "Slow Release _Nitrogen" shall mean nitrogen in a form which delays its availabili for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. "Turf," "sod," or "lawn" shall mean a piece of grass -covered soil held together by the roots the grass. "Urban landscape" shall mean pervious areas on residential commercial industrial institutional highway rights -of way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agrieLfture has the same meaning as in §570.02, Florida Statutes. Section 316.3. Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Restricted Season. to saturated soils or during a period in which a Flood Watch or Wanting, or a Tropical Storni Watch or Warning or a Hurricane Watch or Warning is in effect for anv portion of Indian River County issued by the National_ Weather Service, or if heavy rain is likely. Section 316.4. Fertilizer -free zones. Fertilizer shall not be applied within ten feet of any pond stream watercourse lake canal or wetland as defined by the Florida Department of Environmental Protection (Chapter b2-340, Florida Administrative Code) or from the top of a seawall. If more stringent Indian River County Code regulations aI , this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this zone only for a 60 -day period beginning thirty days after planting if needed to allow the plants to become well established. Caution shall be used to prevent nutrients from being directly deposited into the water. Section 316.5. Low maintenance zones. A voluntary ten foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent Indian River County Code regulations apply, this provision F:Amnne�Atmdo4GEYLRAEtRao7nrrora C, xdfx.Or>e a-2013 ,'.o[A.gwr 20pro Page 4 of 9 f9 ORDINANCE NO. 2013 - 012 does not relieve the requirement to adhere to the more stringent regulations Notwithstanding the voluntary nature of the above sentences no mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water, Care should be taken to prevent the over - spray of aquatic weed products in this zone. Section 316.6. Fertilizer content and application rates. (a) No fertilizer containing phosphorous shall be applied to turf or landscape plants in Indian River County unless a soil or plant tissue deficiency is verified by a University of Florida. Institute of Food and Agriculture Sciences approved testing methodology. In the case_ that a deficienev has been verified, the application of a fertilizer containing_ phosphorous shall be in accordance with the rates and directions for the Central Region of Florida as provided by Rule 5E-1.003(2), Florida Administrative Code. Deficiency verification shall be no more than 2 years old. However, recent application of compost manure or top soil shall warrant more recent testing; to verify current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogenear guaranteed analysis label (c)_ Fertilizers applied to an urban lawn or t'arf within Indian River County_ shall be applied in accordance with requirements and du-ections set forth on the label or tag for_packaged fertilizer products, or in the printed information accompanying the delivery of bulk fertilizer products as provided by Rule 5E-1.003(2) Florida Administrative Code Labeling Re uirements For Urban TurfFerlilizers. All packaged and bulk fertilizer products sold in Indian River County shall be sold in packages with labels or tags or, if sold in bulk be accompanied by printed information, which complies with the requirements of Rule 5E-1 003(2 Florida Administrative Code (d) Fert'il'izer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro - seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc) or in accordance with the Stormwater Pollution Prevention Plan for that site. Section 316.7, Application practices. (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) s readers. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones and water bodies including wetlands (b) Fertilizer shall not be applied, spilled or otherwise deposited on any impervious surfaces (civ fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable_ 1 �.�,�,� 8b .�dnn�.�M� rNluddFbtitarodnmx-2813eA.V(4.8.910I.a .Page 5 of ORDINANCE NO, 2013 - 012 (d) Fertilizer released on an impervious surface must be immediately contained and either legallyplied to turf or any other legal site, or returned to the original or other appropriate container. (e) In no case shall fertilizer be washed swept or blotin off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. Section 316.8. Management of grass ciippin3s and vegetative materials In no case shall grass clippings vegetative material and/or vegetative debris be washed swept or blown off into storrnwater drams ditches conveyances water bodies wetlands or sidewalks or roadways_ Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable Section 316.9. Exemptions The provisions set forth above in this chapter shall not apply to: (a) bona fide farm operations as defined in the Flor_id_a Right to Farre Act § 823 14 Florida Statutes, (hj other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) any lands used for bona fide scientific research, including. but not limited to research on the effects of fertilizer use on urban stormwater water quality, agronomics, or horticulture (d) golf courses when landscaping is performed within the provisions of the Florida Departrnet of Environmental Protection document, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses" these provisions shall be followed when applying fertilizer to golf course practice and play areas,• (e) athletic fields at public parks and school facilities that apply the concepts and principles embodied in the Florida Green BMPs while maintaining the health and function of their specialized turf areas,• (f) vegetable gardens owned by individual t)rop=- owners or a community, and trees grown for their edible fruit. Section 316.10. Training. (a) Within the time period set forth in section 316,12 of this Chapter, all Commercial Fertilizer Applicators and Insti#utional Fertilizer Applicators within Indian River. County shall abide by and successfully complete the six -hour training_ program in the "Florida�riendl Beat F.•UuomryV.rrdo�GEVtRiLWce,,(umoyd O.dnrmuyiD.dnanatFcnrB'rrrUfa3etFenNt.v Orc6.,orrco.10771.7x.1)yvgru2gl.daz Page 60}'9 ORDINANCE NO. 2013 - Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida -Friendly Landscapes"program, or an approved equivalent (b) Private non-commercial applicators are encouraged to follow the recommendations of the University of Florida Institute of Food :and Agriculture Sciences Florida Yards and Neighborhoods program when applying fertilizers. Section 316.11. General education program. The Public Works Department shall have an en- ployg who shall address issues pertaining to this Chapter This employee shall implement a program. to inform the general public of the requirements of this chapter, which program shall include, among other things informative postings on the County website printing and distributing informative brochures and other print materials and speaking engagements at com=mun=ity associations civic organizations etc The prograin shall also include to the extent practicable use of any materials from the Be Floridian prog-rain and coordination and collaboration with University. of Florida Institute of Food and Agrieulture Sciences educational activities AU claimed or alleged deficiency in the County's general education program shall not constitute a defense to any action brought to enforce the provisions of this chapter. Section 316.12. Licensing of commercial fertilizer applicators (a) No later than December 31 2013 all Com=mercial Fertilizer Applicators within Indian River County, shall abide by and successfully complete training and continuing education requirements in the "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries " offered by the Florida Depa=rtment of Environmental Protection through the University of Florida Institute of Food and Agriculture Sciences "Florida -friendly Landscapes" program, or an aWroved equivalent program prior to obtaining an Indian River Cour Local Business Tax Certificate for any category of occupation which mU a ly auyfertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the Indian River County Tax Collector's Office within 180 days of the effective date of this ordinance. (b) After December 31 2013 all Commercial Fertilizer Applicators within Indian River Cou= shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.117(18), Florida Administrative Code (c) All businesses applying fertilizer to turf and/or landscape plants {including but not limited to residential lawns, golf courses commercial properties and multi -family and condominium properties) must ensure that at least one employee has a "Florida -friendly Best Mana ement Practices for Protection of Water Resources b the he Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate Owners for any category of F.•Wf»r�ri7Jnde!G£NFRALIA.sdMaru kOrd�nc.cna40rdtnanaxU•enlGm ddFrrAR:mOrvRner ce. 2012(F'..1)(upw 28}deer Page 7 of 9 ORDINANCE NO. 2013 - 012 occupation which may apply M fertilizer toy rf and/or landscape plants shall provide proof of completion of the program to the Indian River County Tax Collector's Office. Section 31.6.13. Enforcement. This chapter may be enforced by the Code Enforcement Officer in the Public Works Department who is devoted to issues pertaining to this Chapter, pursuant. to Chapter 162 Florida Statutes and 003.07 of this Code. In addition this chapter may be enforced by the Environmental Control Officer pursuant to Chapter 85-427 Special Acts, Laws of Florida, and §303.14 of this Code, Penalties and remedies for violations shall be as set forth in §100.05 of this Code, an.dto the extent applicable, Chapter 85-427 Special Acts Laws of Florida. Funds generated by penalties imposed under this section shall be used by Indian River County for the administration and enforcement of $403.9337. Florida Statutes and the corresponding sections of this chapter and to further water conservation and nonpoint pollution prevention activities Section 316.14. References to state law. Auy references in this chapter to Florida Statutes. rules or regulations shall refer to such statutes rules or regulations,as amended from time to time. Section 316.15. Applicability. This chapter shall be applicable to and shall _egulate any and all applicators of fertilizer and areas of gpplication of fertilizer within the area of Tndian River COunty, unless such apRlicator is specificallyexempted. • provided however, that this chapter shall not apply within the limits of any municipality which has adopted an ordinance regulating the same subject matter. This chapter shall be prospective only, and shall not impair any existing contracts Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification.. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian Rver County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. F.Lfnm��LrMa1GE1T7iRyVicwkv;araROnsnm�crsl0,diem,u�iFrmfr�ertdodrfFi�CRinOrdlnmcr.1013 p7.M;y,e,�„srlo}.daa Page 8 of 9 ORDINANCE NO. 2013 - 012 Section 6. Directing County Attorney's Office to Post Summ.ary on Countv Website. The County Attorney's Office is directed to post a summary of this ordinance on the County's website within 15 days of the filing of this ordinance with the Florida Department of State. Section 7. Meetive Date. This ordinance shall become effective 45 days after the filing of the ordinance v6th the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 8th day of July, 2013, for a public hearing to be held on the 18" day of July, 2013, and on the 10th day of August, 2013 for an additional public hearing to be held on the 2e day of August, 2013, at which time it was moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and adopted by the following vote: Chairman Joseph E. Flescher AYE Vice Chairman Wesley S. Davis AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari —&E_ Commissioner Tim Zorc AYE The Chairman thereupon declared the ordinance duly passed and adopted this 2V' day of August, 2013. Kw�, 51 BOARD OF COUNTY COMMISSIONERS v • �,4:a -P INDIAN RIVER COUNTY, FLORIDA septi . �Fleseher, Chairman ATTEST: Jeffrey R. Smith, Cierli',. : �' ,. Approved as to form and legal sufficiency: d ptroller By: DeptdflClerk Dy4w�CR165ngold, County Attorney EFFECTIVE DATE: This ordinance was filed with the .Florida Department of State on the day of 32013. F-urro.. yw,.a.VGFMIWLwuMmhr..AOldnonee-=1J.R--grA.Vd m)d Page 9 of 9 ORDINANCE NO. 201 3 -014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONCERNING THE FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE, AMENDING SECTION 316.6 (FERTILIZER CONTENT AND APPLICATION RATES) AND SECTION 316.15 (APPLICABILITY) OF CHAPTER 316 (INDIAN RIVER COUNTY FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY TO ALLOW FOR THE GRADUAL AMORTIZATION OF THE SUPPLY OF CERTAIN NITROGEN CONTAINING FERTILIZER AND APPLYING CHAPTER 316 TO UNINCORPORATED INDIAN RIVER COUNTY, AND MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted an ordinance regulating the proper use of fertilizers in order to protect the water quality of Indian River County's natural and constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies; and WHEREAS, the new fertilizer regulations require that the nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label; and WHEREAS, the new fertilizer regulations go into effect on October 14,20 1 3; and WHEREAS, in order to provide adequate time for the supply of fertilizer containing nitrogen that does not comply with these regulations to be eliminated, it is necessary to provide additional time for retailers to eliminate those supplies that meet at least a minimum threshold of slow release nitrogen, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article Vlll, §1 of (lie Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findines. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Page 1 oj'3 ORDINANCE NO. 2013 - 014 Section 3. Amendment of Section 316.6 (Fertilizer content and application rates) of Chanter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County (the "Code"),. Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and. Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.6. Fertilizer content and application rates. (b) As of the effective date of this chapter, the Pie nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 2538% slow release nitrogen per guaranteed analysis label. As of June 1. 2014. the nitrogen content of fertilizer applied to turf or landscape plants within Indian River 'County shall contain at least 50% slow release nitrogen per guaranteed analysis label. Section 4. Amendment of Section 31.6.15 fApplleability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code of Indian River County (the "Code"). Section 316.15 (Applicability) of Chapter 316 (Indian River Cotuity Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated area of Indian River County, unless such applicator is specifically exempted; ,!hat this ehapieF shall not apply within the lifnits of any munieipality whieh has adopted an eFdinanee regulating the same subjeet tester. This chapter shall be prospective only, and shall not impair any existing contracts. Section 5. Severabilitv. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. F".�nrnel UwWtik'.�E411.Vhs.�twirxa d(MuanKa>.flnlinok.s•F'erYlryv!.lnvrrfrnhrm r ,fi Page 2 of 3 ORDINANCE NO. 2013 - 014 Section 7. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 16th day of September , 2013, for a public hearing to be held on the 1st day of October 2013, at which time it was moved for adoption by Commissioner�Solari , seconded by Commissioner O' Bryan , and adopted by the following vote: Chairman Joseph E. Flescher Aye Vice Chairman Wesley S. Davis ye Commissioner Peter D. C'Bryan Aye Commissioner Bob Solar" Aye Commissioner Tim. Zorc Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of October, 2013. ysas..lecdk { BOARD OF COUNTY COMMISSIONERS `e-,--JNDIAN RIVER COUNTY, FLORIDA By: eph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk bf Cotirt' ' Approved as to form and legal sufficiency: and Comptroller By: Dep Cleric00an Reingold, County Attomey EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2013. r�::tm�•�mhr.;F,ctxv-vmn.mH.,,..�cn.,um��:.•ro.w,,,,.e.:re.n_:.�aM..m:.•mMrwn;:,�.ro.m.r,.rurrr. Page 3 of APPENDIX C INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF- WAY CONSTRUCTION Appendix C-IRCTED Special Conditions for Right -of -Way Construction F:\Public Works\ENGINEERING DIVISION PROJ=CTS\2002 66th Ave and 8th St Signalization\1-Admin\Bids\Bid DOCUmentsWPPENDIX.docx SPECIAL CONDITIONS: INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION 1. All work performed under this permit shall be in accordance with the Florida Department of Transportation Design Standards (https://www.fdot.gov/design/standardolans/current/default.shtm), Indices 102-600 and the Manual on Uniform Traffic Control Devices. 2. All special conditions listed are in addition to the attached Indian River County Traffic Engineering Regulations for Maintenance of Traffic. 3. It shall be the contractor's responsibility to contact Sunshine State One Call System (1-800-432-4770) at least 72 hours in advance of commencing construction work to coordinate traffic control and obtain locations of underground traffic signal conduit for the County's Computerized Traffic Signal Coordination System. 4. The contractor shall be responsible for using the applicable Traffic Control Plan for the type of work being performed. All job supervisors shall have a copy of the control plan on site at all times and shall be familiar with the correct set-up of the plan. 5. At least one lane of traffic shall be maintained at all times. One -lane traffic shall be controlled with at least two (2) flagmen. Flagmen shall use STOP/SLOW paddles at all times. Flags shall not be used for one -lane traffic control. 6. After proper notification to Traffic Engineering, consideration will be given to the contractor to close roadways to through traffic on a daily basis during daylight hours on narrow roadways where maintaining one -lane traffic would be difficult. The roadway shall be open to traffic at the end of each work day and on weekends. It shall be the contractor's responsibility to provide all necessary construction signs and traffic control devices to close the road and provide a detour route in accordance with Indian River County standards. Signing shall be installed that clearly indicates the time periods the road is closed to traffic. 7. There shall be no construction work after dark. 8. All open excavations shall be back filled before the close of each work day. 9. A compacted roadway shall be provided at the end of each work day. Disrupted roadways shall be clearly marked as a construction area. 10. Refer to the attached Traffic Engineering Regulations for construction work on Indian River County roadways for maintenance of traffic inspection policy and procedure 11. All construction equipment, materials, etc. shall be stored outside of the clear zone. Equipment and construction materials that are stored within the clear zone shall be clearly marked with Type H barricades with flashing yellow lights. 12. All projects and work within Indian River County right-of-way shall have an approved Traffic Control Plan (TCP). All work shall be executed under the established TCP and Indian River County approved procedures. The TCP shall provide the proposed detour route, traffic control devices, and other pertinent information for the proposed project and shall be submitted for review and approval by the Public Works Department. The TCP shall be prepared by personnel with a minimum of an Intermediate Maintenance of Traffic current certification in the State of Florida. (Denote on the TCP, certification number and name of the certified personnel that prepared the MOT plan.) For full road closures, a TCP is required to be submitted by the contractor a minimum of two (2) weeks prior to the proposed road closure. All traffic control devices shall be in accordance with the Florida Department of Transportation (FDOT) Design Standards, Indices 102-600, FY 2019-2020, and the Manual on Uniform Traffic Control Devices, 2009 Edition. 13. For full road closures, Portable Changeable Message Signs are required to pre -advertise the roadway closure, a minimum of seven (7) days in advance of the road closure and during the duration of the road closure. The use of Portable Changeable Message Signs for lane closures on thoroughfare plan roadways will be required. Messages are to be approved by the Public Works Department and shown on the TCP. TRAFFIC ENGINEERING REGULATIONS Maintenance and Protection of Traffic: It shall be the responsibility of the contractor to provide for the maintenance and protection of traffic in accordance with the applicable indices in the most current edition of the Florida Department of Transportation Roadway and Traffic Design Standards and the Federal Highway Administration Manual on Uniform Traffic Control Devices. The indices shall be considered the minimum standards and a Rev. 5/23/2019 Special Conditions for Right of Way Construction Page 2 more extensive work zone set-up or modifications may be required by the County Public Work Director or his designee for the protection of personnel in the work area as well as the traveling public. It shall be the responsibility of the contractor to ensure that all subcontractors are in full compliance with all traffic control regulations. It shall be the responsibility of the contractor working on County roadways or within Right -of -Ways to establish maintenance of traffic prior to any work being performed. The contractor shall frequently monitor the work zone set-up to ensure that all signing is properly placed and that warning signs remain at the proper advance posting distance from the work area. Any signs that do not apply to the work zone shall be removed or covered. The contractor shall remove the work zone set-up at the conclusion of the work. Traffic Engineering shall be notified a minimum of seventy-two (72) hours in advance of any lane closings and ten (10) days in advance of any road closures. Lane closures are restricted to outside the normal peak hours of traffic, lane closures shall occur during the hours of 9:00 AM to 4:00 PM unless otherwise approved by the Public Works Director or his designee. Traffic Engineering staff shall inspect the Maintenance of Traffic prior to construction commencement to ensure compliance with the approved Traffic Control Plan. It is the policy of the Traffic Engineering Division to randomly monitor the contractor's compliance with all regulations while working on County roadways and within right-of-ways. Matters of public safety shall be attended to immediately upon notification by the County Public Work Director or his designee. If the contractor is found to be negligent in maintaining proper work zone set-up in accordance with the County's Right -of -Way ordinance (Chapter 312), the County Public Work Director or his designee shall impose penalties in the amount of $250.00 for working without the proper traffic control. Construction at or Near Signalized Intersections: The contractor shall have full responsibility for any work performed at or near any traffic signals in Indian River County. The contractor shall request that the County locate buried interconnect conduit and cable, loop sensors, and pull boxes prior to commencing construction. Any damage to the interconnect conduit, loop sensors, and pull boxes or any other traffic signal equipment shall be repaired at the contractor's expense. It shall be the responsibility of the contractor to notify Traffic Engineering Division a minimum of 72 hours prior to any work being performed near a signalized intersection or flashing beacon. Once the proper notification and locate procedures are satisfied, the contractor working in or near signalized intersections or around traffic signal poles, signal cabinets, or flashing beacons shall be advised of the following regulations: 1. No excavation shall be performed within a 15 -foot radius of any traffic signal pole. If excavation is necessary within a 15 -foot radius, it will be the contractors responsibility to provide she following: a. In a manner approved by the County Public Warks Director or his designee, the contractor shall provide constant support of the traffic signal pole to prevent movement during excavation and backfill operations. b. Compaction around the excavation site to a 98% density, bringing the backfill up in 1 foot lifts. C. Density reports from a licensed testing company provided to the County Public Works Director. d. Restore the traffic signal and all support equipment to original condition or better. 2. There shall be no pavement cuts made within 500 feet of a signal or flashing beacon without contacting Indian River County Traffic Engineering Division at (772-226-1547), 72 hours prior to construction. 3. Any traffic signal, loop sensors, conduit, interconnect cable, or any support equipment damaged by a contractor shall be repaired/replaced at the contractor's expense. 4. Any contractor that works at or in the vicinity of a signalized intersection shall have full responsibility for any liability incurred by causing damage to signal equipment that results in the failure of the traffic signal functions. If such a failure occurs, the contractor shall notify the police and the Traffic Engineering Division immediately at (772-226-1547). Rev. 5/23/2019 APPENDIX D Subsurface Soil Exploration and Geotechnical Engineering Evaluation Appendix D- Subsurace Soil Exploration and Geotechnical Engineering Evaluation F1Public Works\ENGINEERING DIVISION PROJECTS\200'. 66th Ave and 8th St Signalization\1-Admin\Bids\Bid Documents\APPENDIX.dou Subsurface Soil Exploration and Geotechnical Engineering Evaluation Proposed Mast Arm Signal Poles 66th Avenue at 811 Street Indian River County, Florida Ardaman & Associates, Inc. OFFICES Orlando — 8008 S. Orange Avenue, Orlando Florida 32809 — Phone (407) 855-3860 Bartow —1525 Centennial Drive, Bartow, Florida 33830 — Phone (863) 533-0858 Baton Rouge — 316 Highlandia Drive, Baton Rouge, Louisiana 70884 — Phone (225) 752-4790 Cocoa — 1300 N. Cocoa Blvd., Cocoa, Florida 32922 — Phone (321) 632-2503 Fort Myers — 9970 Bavaria Road, Fort Myers, Florida 33913 — Phone (239) 768-6600 Miami — 2608 W. 84th Street, Hialeah, Florida 33016 — Phone (305) 825-2683 New Orleans — 1305 Distributors Row, Suite I, Jefferson, Louisiana 70123 — Phone (504) 835-2593 Port St. Lucie — 460 Concourse Place NW, Unit 1, Port St. Lucie, Florida 34986 — Phone (772) 878-0072 Sarasota — 78 Sarasota Center Blvd., Sarasota, Florida 34240 — Phone (941) 922-3526 Shreveport — 7222 Greenwood Road, Shreveport, Louis'ana 71119 — Phone (318) 636-3673 Tallahassee — 3175 West Tharpe Street, Tallahassee, F;orida 32303 — Phone (850) 576-6131 Tampa — 3925 Coconut Palm Drive, Suite 115, Tampa, Flo-ida 33619 — Phone (813) 620-3389 West Palm Beach — 2200 North Florida Mango Road, Suite 101, West Palm Beach, Florida 33409 — Phone (561) 687-8200 ® Ardaman & Associates, Inc. Geotechnical, Environmental and Materials Consultants Kimley-Horn 445 24th Street, Suite 200 Vero Beach, Florida 32960 Attention: Mr. Mike Forman, P.E. Subject: Subsurface Soil Exploration and Geotechnical Engineering Evaluation Proposed Mast Arm Signal Poles 66th Avenue at 8t' Street Indian River County, Florida January 12, 2021 File No. 20-5551 As requested, we have completed a subsurface soil exploration and geotechnical engineering evaluation for the subject project. The purpose of performing this exploration was to provide soil parameters for use by others in designing the proposed traffic signal poles. This report documents our findings. SITE LOCATION The proposed signal poles will be located along 66th Avenue at the intersection of 8th Street (Sections 7, 8, 17, & 18, Township 32S and Range 39E) in Vero Beach, Indian River County, Florida. The approximate site locations are shown superimposed on the Oslo, Florida USGS Quadrangle Map included as Figure 1. PROPOSED CONSTRUCTION It is our understanding that the project includes the design of new traffic signal poles for the intersection of 66th Avenue and 8th Street. We also understand the existing roads and intersection are planned to be widened and mast arm signal poles will be placed at all four corners of the new intersection. We understand that all new mast arm signal poles will be supported by drilled shaft foundations. REVIEW OF SOIL SURVEY Based on review of the 1987 Soil Survey for Indian River County, Florida, as prepared by the U.S. Department of Agriculture Soil Conservation Service, the intersections are located within area mapped as the Riviera fine sand soil type. According to the USDA Soil Survey, Riviera fine sand is comprised of fine sand and sandy loam that has intrusions and pockets of fine sand to a depth of about 40 inches. The substratum to a depth of 80 inches or more is loamy fine sand that has a few pockets of fine sand. The water table is within a depth of 10 inches of the surface for 1 to 6 months and between a depth of 10 to 40 inches for more than 6 months. It recedes to a depth of more than 40 inches during extended dry periods. The water table is above the surface for short periods after heavy rainfall. 460 NW Concourse Place, Unit 1, Port St. Lucie, Florida 34986 Phone (772) 878-0072 Fax (772) 878.0097 Florida: Bartow, Cocoa, Fort Myers, Miami, Oriando, Port St. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach Louisiana: Baton Rouge, New Orleans, Shreveport Proposed Mast Arms at 66'h Avenue and 8th Street Ardaman File No. 20-5551 FIELD EXPLORATION PROGRAM -2- The field exploration program consisted of performing three (3) Standard Penetration Test (SPT) borings at accessible locations in the vicinity of the proposed traffic signal pole foundation locations. The borings were advanced to the approximate depths of 35 and 40 feet below the existing ground surface using the general methodology outlined in ASTM D-1586. A summary of this field procedure is included in the Appendix. We note that the planned location for Boring B- 2 and its vicinity were not accessible for dr"fling due to conflicts with underground utilities, overhead powerlines and limited access with the existing drainage ditch. Split -spoon soil samples recovered during performance of the borings were visually classified in the field, and representative portions of the samples were transported to our laboratory in sealed sample jars for further classification and laboratory testing. The groundwater levels encountered in the borings were measured in the boreholes upon completion of drilling. The approximate location of each boring is shown on Figure 2. The boring locations were determined in the field by estimating distances from existing site features and should be considered accurate only to the degree implied by the method of measurement used. LABORATORY PROGRAM Representative soil samples obtained during our field sampling operation were packaged and transferred to our laboratory for further visual observation and classification. The soil samples were visually classified in general accordance with the Unified Soil Classification System (ASTM D-2488). The resulting soil descriptions are shown on the soil boring profiles presented in the Appendix. GENERAL SUBSURFACE CONDITIONS General Soil Profile The results of the field exploration and laboratory programs are graphically summarized on the soil boring logs presented in the Appendix. The stratification of the soil boring profiles represents our interpretation of the field boring logs and the results of laboratory examinations of the recovered samples. The stratification lines represent the approximate boundary between soil types. The actual transitions may be more gradual than implied. The results of the field and laboratory programs indicated the following general soil profile. Table 1: Generalized Soil Profile Depth (feet) Description [Unified Soil Classification] 0 to 4 Fine sand [SF] to slightly clayey fine sand [SP -SC] Proposed Mast Arms at 66th Avenue and 8th Street _3- Ardaman File No. 20-5551 Table 1: Generalized Soil Profile Depth Description (feet) [Unified Soil Classification] Slightly clayeyisilty fine sand [SP-SC/SP-SM] to clayey fine sand [SC] 4 to 13 with various amounts of shell and limestone fragments ,loose to medium dense) Slightly clayey fine sand [SP -SC] to clayey fine sand [SC] 13 to 23 or 33 with various amounts of shell fragments (very loose to loose) 23 or 33 to Fine sand [SP] to slightly c'ayey fine sand [SP -SC] 35 or 40 with various amounts of shell fragments (medium dense to very dense) This soil profile is outlined in general terms only. Please refer to the Appendix for soil profile details. Groundwater Level The groundwater level was measured in the boreholes on the date drilled. As shown on the soil boring profiles, groundwater was encountered in the boreholes at depths ranging from approximately 5.8 to 7.5 feet below the existing ground surface on the date indicated. Fluctuations in groundwater levels should be anticipated due to seasonal variations in rainfall and other factors that may vary from the time the borings were conducted. DESIGN SOIL PARAMETERS The results of our exploration indicate that the encountered soils appear suitable for supporting the proposed traffic signal mast arms. Drilled Shaft Foundations for Mast Arm Poles The drilled shaft foundations should be installed in accordance with the requirements of Section 455 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Due to the presence of predominately cohesionless soils, and because the drilled shaft will extend well below the ambient groundwater level, we anticipate that the drilled shaft will be installed using a slurry displacement (wet) drilling method. We further anticipate that a temporary casing will be necessary to stabilize the near surface soils. We recommend that the plan sheets include a note advising the foundation contractor that the subsurface materials encountered during our site exploration may beccme unstable and cave in during excavation of the drilled shaft. In addition, we conservatively reccmmend assuming that groundwater levels could rise to the ground surface in the area of the proposed mast arm during severe storm events. Proposed Mast Arms at 66th Avenue and 8th Street Ardaman File No. 20-5551 -4- According to the FDOT Design Standards Index 17743 Standard Mast Arm "D" & "E" Assemblies, drilled shaft foundations and base plates for standard mast arm assemblies are predesigned based on the soil criteria listed in Table 2 below. Table 2: Required Conditions for Standard Drilled Shaft Foundation Design Soil Classification: Cohesionless (fine sand) Friction Angle: 300 or greater Unit Weight: 50 pcf or greater N -value 15 * The above values assume that the design groundwater level is at the ground surface. Our estimate of the soil unit weight and shear strength parameters based on the subsurface conditions encountered at the boring location are presented in Table 2 below. We note that the estimated strength parameters at all the boring locations are lower than the minimum criteria applicable to mast arm foundations predesigned per Standard Index 17743; consequently, a site- specific design will be required for all the drilled shaft foundations using the estimated parameters listed in Table 3 below. Table 3: Recommended Drilled Shaft Design Parameters Boring No. Depth (ft)* N -value Unit Weight (pcf)** Angle of Internal Friction W Comments Moist (Pcf) Saturated (Pcf) Submerged (pcf) 0 - 4 -- 105 113 50 30 B-1 4-13 7 105 113 50 30 Special Design 13-33 3 103 111 48 28 Required 33-40 39 115 120 58 35 0 - 4 -- 105 113 50 V 30 B-3 4-13 6 105 113 50 30 Special Design Required 13-23 3 103 111 48 28 23-35 37 115 120 58 35 0 - 4 -- 105 113 50 30 B-4 4-13 9 108 116 53 30 Special Design 13-23 3 103 111 48 28 Required 23 - 35 60 120 125 63 38 **y buoyant (buoyant unit wt.) = ys (saturated unit wt) - yW (unit wt. of water) The soil parameters presented above are based on the results of our subsurface soil exploration. We recommend that appropriate safety factor be used in the foundation design. The safety factors should be based on design and construction considerations which are beyond the scope of this report. Proposed Mast Arms at 661h Avenue and 81h Street Ardaman File No. 20-5551 The drilled shaft foundations must be installed such that the surrounding soils remain relatively undisturbed. Intimate contact must be made between the drilled shaft and the surrounding soil. Regarding drilling of the shaft, the use of surface casing and/or drilling mud will be required to facilitate installation and prevent collapses within the hole. Drilled shaft construction should be conducted by a Contractor who has demonstrated proficiency in this type of construction. The Contractor's construction techniques will influence the performance of the drilled shafts. CLOSURE The information submitted herein is based on the data obtained from the soil boring profiles presented in Figure 2 and in the Appendix. This report does not reflect any variations which may occur adjacent to or between the borings. The nature and extent of the variations beyond the borings may not become evident until during construction. If variations then appear evident, it will be necessary to re-evaluate the data presented in this report after performing on-site observations during the construction period and noting the characteristics of the variations. This study does not include an evaluation of the environmental (ecological or hazardous/toxic material related) condition of the site and subsurface. This report has been prepared for the exclusive use of Kimley-Horn and Indian River County in accordance with generally accepted geotechnical engineering practices. No other warranty, expressed or implied, is made. In the event any changes occur in the design, nature, or location of the proposed strain pole structures, we should review the applicability of recommendations in this report. We are pleased to be of assistance to you on this phase of the project. When we may be of further service to you or should you have any questions, please contact us. Best regards, ARDAMAN & ASSOCIATES, INC. Florida Certificate of Authorization No. 5950 Yt, 021 Sha ila %E Assistant Project Engineer n J Mc k, P.5. CC Branch Manager : u� - 4FIOrida LicenstENo.;S t1 'O sl" OP 0 �� FLORA •' C�\� 0 SECTIONS 7, 8, 17, & 18 TOWNSHIP 33 SO;.TH SITE LOCATION MAP RANGE 39 EAST Ardannan & Associates, Inc. OBTAINED FROM U.S.G.S. QUAD MAPS: OSLO, FLORIDA 1949 Geotechnical, Environmental and N Materials Consultants (PHOTOREVISED 1970) Subsurface Soil Exploration Proposed Most Arm Signal Poles 66th Avenue at 8th Street NOT TO SCALE Indian River County, Florida DRAWN EY:SP ICHECKED BY: I DATE: 1/11/21 FILE NO. APPROVED BY: FIGURE: 20-5551 1 1 B S7AHDARD PENETRATION TEST ,SPT) BORING LOCATION ( N NOT -0 SCALE BORING LOCATION MAP �7Ardaman & Associates, Inc. Geofeamical, Envinnmental and Material Consultarts Suteurface Soil Exploration Proposad Most Arm Signal Poles 66t,i Avenue at 8th Street Indiar River County, . lorda RAM BY: SP CHECKED BY: DATE 1/•1/21 ILE: NO. APPROVED BY: I nGUFE: 20-5551 2 APPENDIX Soil Bor ng Profiles Ardarnan & Associates, Inc. STANDARD PENETRATION TEST BORING LOG BORING B-1 PROJECT: Proposed Mast Ann Signal Poles FILE No.: 20-5551 66th Avenue & 8th Street, Vero Beach BORING LOCATION: As per Boring Location Plan. DRILL CREW: DG/WC WATER OBSERVED AT DEPTH 5.8 feet DATE DRILLED: 1/6/2021 DEPTH SYMBOLS SOIL DESCRIPTION SAMPLE N N VALUE (FEET) FIELD TEST DATA No. VALUE 0-- 7/17� . ....................................................................... Brown slightly clayey fine sand ----------------------------------- " -------------------- Gray fine sand ;.� ;,_,, ------------------------------------------ Gray slightly clayey fine sand 2/6 5-- 3 /6Brownish 3/6 ----------------------------------- 6 W 4/6 /,%s 4/6 4/6 5/6 9 ,e- rx.- 4/6 4/6 2/6 5/6gray sand and shell & limestone fragments 7 to-- 6/6 . 2/6 1/6 ...................................................................... Gray slightly clayey fine sand, some shell 4 1/6 2 15-- 1/6 . . . . . . 2/6 2/6 Z��;�l;l�;if;-cl,a-y,e-,y,fi-n,e"sa-,n-d"a,n,d--s,h-e"lI --------------------------------- 5 2/6 4 20-- 2/6 . . . . . . . . .. 116 6 .................................................................... Dark gray clayey fine sand, some shell 6 1/ 1/6 2 25 -- /6 4/6 . 2/6 ...................................................................... Dark gray slightly clayey fine sand, some shell & limestone fragments 7 1/6 1/6Y D sli -------------------------- PfiY clayey fine san 3 30 -- NOTES: FIELD TEST DATA ARE "BLOWS"/"INCHES DRIVEN" 140 -LB HAMMER, 30 -INCH FALL. (ASTM D-1586) Ardarnan & Associates, Inc. Ardaman & Associates, Inc. STANDARD PENETRATION TEST BORING LOG BORING B -I PROJECT: Proposed Mast Ann Signal Poles FILE No.: 20-5551 66th Avenue & 8th Street, Vero Beach BORING LOCATION: As per Boring Location Plan. DRILL CREW: DG/WC WATER OBSERVED AT DEPTH 5.8 feet DATE DRILLED: 1/6/2021 DEPTH SYMBOLS SOIL DESCRIPTION SAMPLE N N VALUE (FEET) FIELD TEST DATA No. VALUE 6/6 1w 6/6 -- ------------------------ -------------------- ----------------- Dark gray slightly silty fine sand, mostly shell 9 .. 8/6 yr 12/6 14 35-- Grayslightly silty fine sand, some shell 10 33/6 31/6 64 -64 33/6 40 . . . . . . . Boring terminated at 40 -feet. 45 -- 50 -- 55 -- 60 -- NOTES: FIELD TEST DATA ARE "BLOWS"/" INCHES DRIVEN" 140 -LB HAMMER, 30 -INCH FALL. (ASTM D-1586) Ardaman & Associates, Inc. Ardaman &Associates, Inc. STANDARD PENETRATION TEST BORING LOG BORING B-3 PROJECT: Proposed Mast Arm Signal Poles FILE No.: 20-5551 66th Avenue & 8th Street, Vero Beach BORING LOCATION: As per Boring Location Plan. DRILL CREW: DG/WC WATER OBSERVED AT DEPTH 7.5 feet DATE DRILLED: 1/4/2021 DEPTH SYMBOLS SAMPLE N N VALUE (FEET) FIELD TEST DATA SOIL DESCRIPTION No. VALUE a-o-o!P Dark brown slightly clayey fine sand, some gravel------------ ------ -. •. .. ............ Brownish gray fine sand 2/6 2/6 i`f1 r. 2/6 .. - -... Brown slightly silty fine- sand, trace shell J 4 2/6 2/6 r z 2/6 Light gray slightly clayey fine sand, trace fiagmented-•--li--mestone------------•--- '- 5 r•�"r 2/6 1•'r..' 1/6 10/6 Light gray slightly clayey fine sand, some fragmented limestone & trace 3 J 1 10 8/6 shell 2/6 iy,.;.• Gray clayey fine sand, some shell 1/6 15 2/6 : y'�. •. r; i i Rrr.r r p. R. r.;!• 2/6 2/6 slightlycla a fine sand, some shell Y clayey 2/6 4 20 . 2/6 fyy; rc iii ✓. 8/6(,ray slightly clayey fine sand, some cemented sand & shell 25 30/6 bri 10/6 �' 8/6 40 i�.. 4At_W-.4 L. 10/6 14/6 Gray slightly silty fine sand and shell 7 110 ,u' 17/6 31 30--++ff,�t� T' "•30/6 NOTES: FIELD TEST DATA ARE "BLOWS"/"INCHES DRIVEN" 140 -LB HAMMER, 30 -INCH FALL. (ASTM D-1586) Ardaman & Associates, Inc. Ardaman & Associates, Inc. STANDARD PENETRATION TEST BORING LOG BORING B-3 PROJECT: Proposed Mast Arm Signal Poles FILE No.: 20-5551 66th Avenue & 8th Street, Vero Beach BORING LOCATION: As per Boring Location Plan. DRILL CREW: DG/WC WATER OBSERVED AT DEPTH 7.5 feet DATE DRILLED: 1/4/2021 DEPTH SYMBOLS SOIL DESCRIPTION SAMPLE N N VALUE (FEET) FIELD TEST DATA No. VALUE 4W 7 i 1"� 15/6 21/6 ------------------------- ;s--- -------------------- Dark fine het ------------------ 8 11/6 42 26/6 35 Boringtenninated at 35 -feet. 40-- 45-- 50-- 55-- 60 NOTES: FIELD TEST DATA ARE "BLOWS"/"INCHES DRIVEN" 140 -LB HAMMER, 30 -INCH FALL. (ASTM D-1586) Ardaman & Associates, Inc. � I Ardaman & Associates, Inc. STANDARD PENETRATION TEST BORING LOG BORING B-4 PROJECT: Proposed Mast Arm Signal Poles FILE No.: 20-5551 66th Avenue & 8th Street, Vero Beach BORING LOCATION: As per Boring Location Plan. DRILL CREW: DG/WC WATER OBSERVED AT DEPTH 7.5 feet DATE DRILLED: 1/5/2021 DEPTH SYMBOLS SAMPLE N N VALUE (FEET) FIELD TEST DATA SOIL DESCRIPTION No. VALUE77 0-- 77 Brown fine sand--------- ---•--------------------------------- Dark brown fine sand---------------- ------------------- 3/6 5 .: 4/6 •----------••••-------- -- - i __ Brownish clayey fine 1 2 - 4/6 i. gray sand 4/6 4/6 .. ... - ._ _-----------------------•-------- Gra cla a fine san some limestone 2 5 /6 y 5/6 • -••----------•-•••• ---------••-----------•---------•-----------•-- clayey fine sand trace shell 3 4/6Y .,c.a'✓:;<,. 4/6 Gray clayey fine sand trace shell &limestone 4 10 2/6 3/6 2/6 2/62/6 -- - — e Gra c1a a fine san y Y y d some shell = 15 'ii.rr 2/6 2/6 6 'S 3 4ix: 3/6 5 20 X;a.r'' . 2/6 i )':r{ !; t i• to - Dazk gray slightly clayey fine sand, some shell 7 2/6 i.J2E e; 2/6 4 25 2/6 ✓:r:[ 1/6 8 ".`r`': 30 1/6 d.✓: �: NOTES: FIELD TEST DATA ARE "BLOWS"/"INCHES DRIVEN" 140 -LB HAMMER, 30 -INCH FALL. (ASTM D-1586) Ardaman & Associates, Inc. —M Ardarnan & Associates, Inc. �0% STANDARD PENETRATION TEST BORING LOG BORING B-4 PROJECT: Proposed Mast Ann Signal Poles FILE No.: 20-5551 66th Avenue & 8th Street, Vero Beach BORING LOCATION: As per Boring Location Plan. DRILL CREW: DG/WC WATER OBSERVED AT DEPTH 7.5 feet DATE DRILLED: 1/5/2021 DEPTH (FEET) SYMBOLS FIELD TEST DATA SOIL DESCRIPTION SAMPLE N N VALUE No. VALUE 11/6i:U, 30/6 Al ................................................................ gray slightly silty fine sand, mostly shell 9 .. 46/6 76 b76 35-- 40/6 Yt . t�.-7 17/6 . 22/6 ....................................................................... Dark gray fine sand, mostly shell 10 23/6 45 40 c.4126/6 Boring terminated at 40 -feet. 45-- 50-- 55-- 60-- Aulh): FIELD TEST DATA ARE "BLOWS"/" INCHES DRIVEN" 140 -LB HAMMER, 30 -INCH FALL. (ASTM D-1586) Ardarnan & Associates, Inc.