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HomeMy WebLinkAbout2022-009CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET BID NO. 2022008 PROJECT NO. IRC -1638 F.M. NO. 438074-1-54-01 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA JOSEPH E. FLESCHER, CHAIRMAN PETER D. O'BRYAN, VICE-CHAIRMAN COMMISSIONER SUSAN ADAMS COMMISSIONER JOE EARMAN COMMISSIONER LAURA MOSS JASON E. BROWN, COUNTY ADMINISTRATOR JEFFREY R. SMITH, CLERK 0- COURT AND COMPTROLLER DYLAN REINGOLD, COUNTY ATTORNEY RICHARD B. SZPYRKA, P.E. PUBLIC WORKS DIRECTOR 00001 - Project Title Page - REV 04-07.doc 000c" - 1 I'APublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st St-eet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00001 - Project Title Page - REV 04-07.doc TABLE OF CONTENTS Section No. Title DIVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors 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 00010!-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00010 - Table of Contents - REV 10-18.doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS APPENDIX B - FERTILIZER ORDINANCES APPENDIX C - INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION + + END OF TABLE OF CONTENTS + + 00010-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Docu ments\M aster Contract Documents\00010 - Table of Contents - REV 10-18.doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 18012 rh Street Vero Beach, Florida 32960 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 P.M. on Wednesday, November 10, 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 "6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET and Bid No. 2022008". Bids should be addressed to Purchasing Division, Room B1-301, 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 -1638 INDIAN RIVER COUNTY BID NO. 2022008 PROJECT DESCRIPTION: The proposed improvements consist of milling and resurfacing the existing asphalt pavement, replacing deficient sidewalk panels, filling in sidewalk gaps and upgrading pedestrian crossings to current FDOT standards. This is an F.D.O.T. Small County Outreach Program (SCOP) funded project, FM No. 438074-1-54-01. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto. Detailed specifications are available at: www.demandstar.com or by selecting "Current Solicitations" at http://www.irc.gov.com/Departments/Budget/Purn.hasing. All communications concerning this bid shall be directed to IRC Purchasing Division at purchasinga_ircgov.com. All bidders shall submit one (1) original and one (1) copy of the Bid Proposal forms provided within the specifications. Please note that the questionnaire must be filled out completely including the financial statement. BID SECURITY must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent 5% of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100% Public Construction Bond and 00100 -Advertisement for Bids REV 04-07.doc 00100-1 FAPublic Works\ENGINEER] NG DIVISION PROJECTS\1638 6th Avenue US -1 to 21st S;re,et Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00100 -Advertisement for Bids REV 04-07.doc certificates of insurance within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall be retained by the County as liquidated damages and not as penalty. The County reserves the right to delay awarding of the Contract for a period of ninety (90) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. A Pre -Bid Conference will be held on Wednesday, October 20, 2021 at 10:00 A.M., in the first -floor conference room Al -303 of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE IS HIGHLY ENCOURAGED. INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication in the Indian River Press Journal Dates: October 3, 2021 and October 10, 2021 For: Indian River Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHAS NG DIVISION 1800 27th Street Building "B" Vero Beach, FL 32960 * * END OF SECTION * * 00100 - Advertisement for Bids REV 04-07.doc 00100-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00100 -Advertisement for Bids REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title Paae ARTICLE 1 - DEFINED TERMS............................................................................................... 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS................................................................. 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS........................................................................ 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE......................................................................................................................2 ARTICLE 5 - PRE-BID CONFERENCE....................................................................................4 ARTICLE.6 - SITE AND OTHER AREAS................................................................................4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA................................................................ 5 ARTICLE 8 - BID SECURITY................................................................................................... 5 ARTICLE 9 - CONTRACT TIMES.............................................................................................6 ARTICLE 10 - LIQUIDATED DAMAGES..................................................................................6 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS......................................................... 6 ARTICLE 12 - SUBCONTRACTORS, SUPPL°ERS, AND OTHERS ........................................ 6 ARTICLE 13 - PREPARATION OF BID.................................................................................... 7 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS...........................................................8 ARTICLE 15 - SUBMITTAL OF BID......................................................................................... 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID ................................................. 9 ARTICLE17 - OPENING OF BIDS........................................................................................... 9 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE ............................................ 9 ARTICLE 19 - AWARD OF CONTRACT................................................................................. 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE..................................................... 11 ARTICLE 21 - SIGNING OF AGREEMENT.............................................................................. 11 00200 - Instructions to Bidders REV 10-18.doc 00200 - i F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc 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 Copiesof Bidding Documents.......................................................................................................2 DefinedTerms..............................................................................................................................1 Examination of Bidding Documents, Other Re'ated Data, and Site..............................................4 Interpretationsand Addenda.........................................................................................................7 LiquidatedDamages...................................................................................................................10 Modification and Withdrawal of Bid.............................................................................................16 Openingof Bids..........................................................................................................................17 Pre -Bid Conference...................................................................................................................... 5 Preparationof Bid.......................................................................................................................13 Qualificationsof Bidders............................................................................................................... 3 Signingof Agreement................................................................................................................. 21 Siteand Other Areas.................................................................................................................... 6 Subcontractors, Suppliers and Others........................................................................................12 Submittalof Bid...........................................................................................................................15 Substitute and "Or -Equal' Items.................................................................................................11 00200 - Instructions to Bidders REV 10-18.doc 00200 - ii F:\PublicWorksNENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Stnyt Resurfacing (SCOP)\1-Admin0ds\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder—The individual or entity who submits a Bid directly to OWNER. B. Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered - C. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. D. ENGINEER — References County Engineer or their designee. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Biddirg 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. 00200 - Instructions to Bidders REV 10-18.doc 00200-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Res irfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 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. 00200 - Instructions to Bidders REV 10-18.doc 00200-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Steet Resurfacing (SCOP)\1-Admin0ds\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc 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 ( urchasing(a)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 Document=; 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 Doo-uments, and safety precautions and programs incident thereto; 00200 - Instructions to Bidders REV 10-18.doc 00200-3 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc 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 idertified 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 const tute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 The date, time, and location for a Non -Mandatory Pre -Bid conference is specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are Highly Encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. 00200 - Instructions to Bidders REV 10-18.doc 00200-4 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\16386th Avenue US -1 to 21st Str=_et Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc 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 -esult in disqualification. 7.02 All questions about the meaning or intent of the Bidding Documents are to be submitted to PURCHASING (purchasinq(a)-ircgov.com) in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 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 tle 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 whorr, OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. 00200 - Instructions to Bidders REV 10-18.doc 00200-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Sheet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc 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 compreted 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. 00200 - Instructions to Bidders REV 10-18.doc 00200-6 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc 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 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. 13.05 A Bid by an individual shall show the Bidder's name and official address. 13.06 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. 13.07 All names shall be typed or printed in ink below the signatures. 13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.09 The address and telephone number for communications regarding the Bid shall be shown. 13.10 The Bid shall contain evidence of Bidders 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. 13.11 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. 13.12 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. 13.13 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 00200 - Instructions to Bidders REV 10-18.doc 00200-7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc 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 will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplicaT.ion 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 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 00200 - Instructions to Bidders REV 10-18.doc 00200-8 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bads. 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 &d of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all technicalities and informalities not involving price, time, or changes in the ork and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 00200 - Instructions to Bidders REV 10-18.doc 00200-9 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the 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. 00200 - Instructions to Bidders REV 10-18.doc 00200 - 10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc Accordingly, firms responding to this solicitation shall return with their response an executed copy of the attached "Certification Regarding Prohibition Against Contracting With Scrutinized Companies." Failure to return this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to Public Construction Bond and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required insurance certificate(s) and Bond, unless the Bond has been waived due to the total contract being less than $100,000. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice cf Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21.02 OWNER shall return one fully signed counterpart to Successful Bidder. 21.03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21.01 above, the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires. * * END OF SECTION * * 00200 - Instructions to Bidders REV 10-18.doc 0020C -11 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00200 - Instructions to Bidders REV 10-18.doc SECTION 00300 - Bid Package Contents Eco p i THIS PACKAGE CONTAINS: SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 Certification Regarding Prohibition Against Contracting with Scrutinized Companies 00460 SUBMIT ONE (1) ORIGINAL AND ONE (1) COPY OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents - REV 10-18.doc 003031 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00300 - Bid Package Contents - REV 10-18.doc PROJECT IDENTIFICATION: Project Name County Project Number: Bid Number: Project Address: Project Description: SECTION 00310 - Bid Form 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET IRC -1638 2022008 6t" Avenue from U.S. 1/S.R. 5 to 21St Street, Vero Beach, Florida 32960 and 32962 The proposed improvements consist of milling and resurfacing the existing asphalt pavement, replacing deficient sidewalk panels, filling in sidewalk gaps and upgrading pedestrian crossings to current FDOT standards. This is an F.D.O.T. Small County Outreach Program (SCOP) funded project, FM No. 438074-1-54-01. THIS BID IS SUBMITTED TO: 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 October 21, 2021 1 October 25, 2021 November 2, 2021 Bl 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. 00310 - Bid Form.doc 00310-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SC0P)\1-Admin\Bids\Bid Documents\Master Contract Documents\00310 -Bid Fonn.doc Rev. 05/16/01 D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itsel' any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 - Bid Form.doc 00310-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Streit Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00310 - Bid Form.doc Rev. 05/16/01 ITEMIZED BID SCHEDULE ADDENDUM NO. 2 PROJECT NAME: 6TH AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET PROJECT NO: IRC -1638, BID NO. 2022008, FM NO. 438074-1-54-01 *REVISED 11/2/2021 BIDDER'S NAME: OHL-USA, Inc Item No. Description Unit Unit Price Quantity Amount ROADWAY 0101 1 MOBILIZATION LS $227,320.88 1 $227,320.88 01021 MAINTENANCE OF TRAFFIC LS 1$305.104.56 1 $305,104.56 01041 EROSION CONTROL LS $7,384.57 1 $7,384.57 01101 1 STANDARD CLEARING & GRUBBING AC $1,504.07 13.5 $20,304.95 0110410 REMOVAL OF EXISTING CONCRETE PAVEMENT/ REMOVAL OF EXISTING CONCRETE SY $20.20 1,220 $24,644.00 01201 REGULAR EXCAVATION $42.26 313 $13,227.38 01206 EMBANKMENT CY 1$36.98 156 $5,768.88 01604 STABILIZATION TYPE B SY $55.56 20 $1,111.20 0286 1 TURNOUT CONSTRUCTION / DRIVEWAY BASE - OPTIONAL MATERIALS SY $55.56 20 $1,111.20 0327 70 6 MILLING EXISTING ASPHALT PAVEMENT (1-1/2" AVG DEPTH) SY $3.41 39,457 $134,548.37 0337783 ASPHALTIC CONCRETE FRICTION COURSE (TRAFFIC C) FC 12.5 PG 76-22 TN 1$151.81 4053.2 $615,316. 9 0400011 CONCRETE CLASS NS, GRAVITY WALL Cy 1$884.69 1.33 $1,176.64 04256 VALVE BOXES, ADJUST EA $624.49 15 $9,367.35 0425 15 52 INLET TOP, REPLACE, DITCH BOTTOM INLET EA $3,642.85 1 $3,642.85 051512 PIPE HANDRAIL - GUIDERAIL, ALUMINUM LF $204.00 14 $2,856.00 05201 10 CONCRETE CURB & GUTTER, TYPE F LF 1$17.69 879 $15,549.51 05222 CONCRETE SIDEWALKS & DRIVEWAYS, 6" THICK (3,000 PSI FIBERMESH REINFORCED) SY $47.62 3,158 $150,383.96 05272 DETECTABLE WARNINGS SF $41.63 948 $39,465.24 05701 2 PERFORMANCE TURF, SOD BAHIA SY $3.12 1,533 $4,782.96 0630211 CONDUIT, FURNISH & INSTALL, OPEN TRENCH LF $7.81 3,044 $23,773.64 0630212 CONDUIT, FURNISH & INSTALL, DIRECTIONAL BORE LF $19.78 7,870 $155,668.60 063271 SIGNAL CABLE - NEW OR RECONSTRUCTED INTERSECTION, FURNISH & INSTALL PI $9,429.25 3 $28,287.75 06331 123 FIBER OPTIC CABLE, F&I, UNDERGROUND, 49-96 FIBERS LF $4.16 12,918 $53,738.88 0635211 PULL & SPLICE BOX, F&I, 13" X 24" COVER SIZE EA $749.39 54 $40,467.06 003-10-3 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\t-Admin\Bids\Bid Documents\Master Contract Documents\Itemized Bid Schedule ADDEN#2 20211102.xis ITEMIZED BID SCHEDULE ADDENDUM NO. 2 PROJECT NAME: 6TH AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET PROJECT NO: IRC -1638, BID NO. 2022008, FM NO. 438074-1-54-01 *REVISED 11/2/2021 BIDDER'S NAME: OHL-USA, Inc Item No. Description Unit Unit Price Quantity Amount 0635212 PULL & SPLICE BOX, F&I, 24" X 36" COVER. SIZE EA $1,696.53 25 $42,413.25 PULL & SPLICE BOX, F&I, 30" X 60" RECTANGULAR OR 36" 06352 13 ROUND COVER SIZE $4,738.82 7 $33,171.74 06461 11 ALUMINUM SIGNALS POLE, PEDESTAL EA $1,384.28 4 $5,537.12 ALUMINUM SIGNALS POLE, FURNISH & INSTALL 06461 12 PEDESTRIAN DETECTOR POST EA 1$1,298.93 5 $6,494.65 06461 60 ALUMINUM SIGNALS POLE, REMOVE EA L156.12 4 $624.48 PEDESTRIAN SIGNAL, FURNISH & INSTALL LED 06531 11 COUNTDOWN, 1 WAY AS $639.06 7 $4,473.42 PEDESTRIAN SIGNAL, FURNISH & INSTALL LED 06531 12 COUNTDOWN, 2 WAYS AS $1,007.51 4 $4,030.04 PEDESTRIAN SIGNAL, REMOVE PED SIGNAL - 0653160 POLE/PEDESTAL TO REMAIN AS 1$156.12 9 $1,405.08 PEDESTRIAN DETECTOR, FURNISH & INSTALL, 0665111 STANDARD EA $228.98 15 $3,434.70 06651 40 PEDESTRIAN DETECTOR, RELOCATE EA $364.28 1 $364.28 PEDESTRIAN DETECTOR, ADJUST/MODIFY ON EXISTING 06651 50 POLE EA $364.28 1 $364.28 PEDESTRIAN DETECTOR, REMOVE- POLEIPEDESTAL TO 06651 60 REMAIN EA $192.55 8 $1,540.40 TRAFFIC SIGNAL CONTROLLER CABINET, 06761500 ADJUST/MODIFY EA $3,486.73 3 $10,460.19 *0700 1 11 SINGLE POST SIGN, F&I GROUND MOUNT, UP TO 12 SF AS $551.63 20 $11,032.60 07001 50 SINGLE POST SIGN, RELOCATE AS $442.35 6 $2,654.10 RAISED PAVEMENT MARKER, TYPE B WITHOUT FINAL 07061 1 SURFACE MARKINGS EA $3.64 699 $2,544.36 071090 PAINTED PAVEMENT MARKINGS, FINAL SURFACE LS $12,383.60 1 $12,383.60 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR 0711 11123 CROSSWALK AND ROUNDABOUT LF 1$3.02 2,894 $8,739.88 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR 0711 11125 STOP LINES AND CROSSWALK LF $6.04 674 $4,070.96 THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR 0711 11160 SYMBOL EA $173.82 71 $12,341.22 0711 11170 THERMOPLASTIC, STANDARD, WHITE, ARROWS EA $57.24 34 $1,946.16 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR 071111224 DIAGONALS AND CHEVRONS LF $4.53 221 $1,001.13 THERMOPLASTIC, STANDARD -OTHER SURFACES, 0711 16101 WHITE, SOLID, 6" GM $4,126.83 3.410 $14,072.49 THERMOPLASTIC, OTHER SURFACES, WHITE, SKIP, 6",10- 071116131 30 SKIP OR 3-9 LANE DROP GM $1,032.36 0.032 $33.04 00310-4 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21sl Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\Itemized Bid Schedule .4DDEN#2 20211102.xls ITEMIZED BID SCHEDULE ADDENDUM NO. 2 PROJECT NAME: 6TH AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET PROJECT NO: IRC -1638, BID NO. 2022008, FM NO. 438074-1-54-01 *REVISED 11/2/2021 BIDDER'S NAME: OHL-USA, Inc Item No. Description Unit Unit Price Quantity Amount 0711 16201 THERMOPLASTIC, STANDARD -OTHER SURFASES, YELLOW, SOLID, 6" GM $4,126.83 3.444 $14,212.80 0711 16231 THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SKIP, 6" GM $1,032.45 0.112 $115.63 1080 21108 UTILITY FIXTURE, VALVE BOX, FURNISH & INSTALL, 8" EA $884.69 41 $36,272.29 0999 1 AS BUILT SURVEY BY REGISTERED SURVEYOR LS $8,418.30 1 $8,418.30 6th AVENUE MILLING AND RESURFACING FROM U.S. 1/S.R. 5 TO 21st STREET 099925 FORCE ACCOUNT 180,000.00 TOTAL BID AMOUNT (INCLUDING FORCE ACCOUNT) TOTAL $2,309,154.91 LS=Lump Sum AC=Acre SY=Square Yard CY=Cubic Yard TN=Ton EA=Each LF=Linear Foot SF=Square Foot P1=Per Intersection AS=Assembly GM=Gross Mile 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 Two ml`ion three hundred and nine thousand one hundred and fifty four dollars and ninety one cents. 00310-5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1 -Ad min\Bids\Bid Documents\Master Contract Documents\Itemized Bid Schedule ADDEN#2 20211102.xis 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.13 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days irdicated 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 Cf AIA Document A310 Bid Form ; C. Sworn Statement under Section 105.08, Indian River Code, on Disclosure of Relationships; D. Sworn Statement Under the Florida Trench Safety Act; E. Qualifications Questionnaire; F. List of Subcontractors; G. Certification Regarding Prohibition Against Contracting with Scrutinized Companies 00310 - Bid Form.doc 00310-6 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21 st Sreet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00310 - Bid Form.doc 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 10th_, 2021 . State Contractor License No. 98-0461222 If Bidder is: An Individual Name (typed or printed): Bv: (Individual's signature) Doing business as: Business address: Phone No.: Email: A Partnership Partnership Name: NOT APPLICABLE FAX No.: NOT APPLICABLE By: (Signature of general partner-- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: Email: A Corporation FAX No.: (SEAL) (SEAL) Corporation Name: OHL USA, Inc. (SEAL) State of I corporation: Delaware Type (GM iness, Professional, Service, Limited Liability): General Contractor By: -- attach evidence of authority to sign) Name (typed or printed): Manuel Aauiar Title: Vice-Presi Attest (Signature of Corp (CORPORATE SEAL) irk"te Secretary) Paul Washington/Assistant Secretary Business address: 9615 NW 117th Avenue Miami, Florida 33178 Phone No.: (786) 418-3476 FAX No.: 305-829-8772 Email: Manuel.Aguiar@ohla-usa.com Date of Qualification to do business is 06/01;2005 00310 - Bid Form.doc 00310-7 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00310 - Bid Form.doc A Joint Venture Joint Venture Name: 0 NOT APPLICABLE (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Email: Joint Venture Name: By: FAX No.: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Email: FAX No.: Phone and FAX Number, and Address for receipt of official communications: (SEAL) (SEAL) (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) * * END OF SECTION * * 00310 - Bid Form.doc 00310-8 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00310 - Bid Fonn.doc UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF OHLA USA, INC. (A Delaware Corporation) The undersigned, being all the members of the board of directors (the "Board") of OHLA USA, Inc., a corporation organized and existing unjer the laws of the State of Delaware (the "Corporation'), pursuant to the General Corporation Law of the state of Delaware, as amended, do hereby agree and consent that when this consent has been signed, the resolutions set forth below, and each of them, shall be deemed to have been approved and adopted to the same extent and to have the same force and effect as if approved and adopted at a meeting of the Board, duly called, convened, and held for the purpose of acting upon such resolutions. 1. Resignation and Appointment of Secretary WHEREAS, the Corporation has received the resignation letter of Cesar F. Pereira ("Mr. Pereira") as Secretary of the Corporation (the "Pereira Resignation'), a copy of which is attached hereto as Exhibit A; and WHEREAS, the Corporation desires to appoint Abigail I. Reich ("Ms. Reich") as Secretary of the Corporation; and Ms. Reich is willing to accept such appointment. NOW THEREFORE, BE IT RESOLVED, that the Pereira Resignation is hereby accepted, confirmed and ratified in all respects with the resignation being effective as of the date set forth therein; RESOLVED, that Ms. Reich be, and hereby is, elected as Secretary of the Corporation, to serve until her successor is elected or until her earlier death, resignation or removal; and she accepts such appointment as per her signature on the following page; and RESOLVED, that giving effect to the foregoing resolutions, the following individuals are the current officers of the Corporation: Ashok R. Patel CEO Daniel Ruiz Andujar C00 Donald Hickey Executive Vice President Manuel Aguiar Vice President Martin W. Saitzyk CFO Abigail I. Reich Secretary Paul Washington Assis=ant Secretary 2. Further Actions. RESOLVED, that Ms. Reich is hereby authorized to take, or cause to be taken, such further action, and to execute and deliver, or cause to be delivered, for and in the name and on behalf of the Corporation, all such instruments and documents as she may deem appropriate in order to effect the purpose or intent of the foregoing resolutions (as conclusively evidenced by the taking of such action or the execution and delivery of such instruments, as the case may be) and all actions heretofore taken in connection with the subject of the foregoing recitals and resolutions be, and it hereby is, approved, ratified and confirmed in all respects as the act and deed of the Corporation; RESOLVED, that this Unanimous Written Consent may be executed in several counterparts or counterpart signature pages, and all so executed shall constitute one Unanimous Written Consent binding on all of the undersigned, notwithstanding that all of the undersigned are not signatories to the original thereof or the sarre counterpart or counterpart signature page. Counterparts or counterpart signature pages containing facsimile transmitted signatures, or scanned and emailed signatures, shall be binding as if original signatures delivered in person; and RESOLVED, that this Unanimous Written Consent be filed with the records of the proceedings of the Corporation. IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent of the Board on September 24, 2021. BOARD MEMBERS: — Av�� Ashok R. Patel I hereby accept the appointment as Secretary of the Corporation, as set forth in this Written Consent: Abigai I. Reich 2 Jose Antonio Fernandez Gallar EXHIBIT A The Pereira Resignation September 24, 2021 To: OHLA USA, Inc., Judlau Contracting, Inc. and OHL Systems & Electric, LLC. ATTN: Board of Directors 26-15 Ulmer Street, College Point, NY 11354 Board of Directors: I hereby resign from my positions as: 1. Secretary of OHLA USA, Inc., a Delaware corporation. 2. Vice President, General Counsel and Secretary of Judlau Contracting, Inc., a New York corporation. 3. General Counsel and Secretary of OHL Systems & Electric, LLC., a New York limited liability company. These resignations are effective as of the date of this notice. Sincerely, 6esarPereira S 7 OHLA USA, Inc. 26-15 Ulmer Street College Point, NY 11354 Main: 718.554.2320 www.ohla-usa.com " OHLA — USA September 24, 2021 To: OHLA USA, Inc., Judlau Contracting, Inc. and OHL Systems & Electric, LLC. ATTN: Board of Directors 26-15 Ulmer Street, College Point, NY 11354 Board of Directors: I hereby resign from my positions as: 1. Secretary of OHLA USA, Inc., a Delaware corporation. 2. Vice President, General Counsel and Secretary of Judlau Contracting, Inc., a New York corporation. 3. General Counsel and Secretary of OHL Systems & Electric, LLC., a New York limited liability company. These resignations are effective as of the date of this notice. Sincerely, 6esarPereira S 7 OHLA USA, Inc. 26-15 Ulmer Street College Point, NY 11354 Main: 718.554.2320 www.ohla-usa.com SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond." END OF SECTION 00430 - Bid Bond REV 04-07.doc 00430-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00430 - Bid Bond REV 04-07.doc Bid Bond CONTRACTOR: ('Vrvue, legal skrlus and addrecr) OHL USA, Inc. 9675 N.W. 117th Avenue Document A310 TM -2010 Conforms with The American institute of Architects AIA Document 310 SURETY: (Ximie, legal s plus raid princlpal place r fburine ) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Mailing Address for Notices Miami, FL 33178 175 Berkeley Street OWNER: Boston, MA 02116 (;''ante, legal status and address) Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 BOND AMOUNT' $ Five Percent Of The Total Amount Bid (5%j PROJECT: (Same, location or addresx and Project miniber ff attt% This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. County Project No. IRC -1638, Bid No. 2022008; 6th Avenue Milling & Resurfacing From U.S. 1/S.R. 5 to 21st Street The Contractor and Surety are bound to the O%encr in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond arc such that if the Owncr accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owwmer and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as n%ny be specified in die bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and othenAse acceptable to the O%vncr, for the faithful perfonuanec of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof: cr (2) pays to the O%vner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perlimn the work covered by said bid, then lids obligation shall be hull and void, otherwise to remain in full lorce and ellect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver iii'notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond (lie time Ibr acceptance of bids spea7lied in the bid documents, and the Oivmer and Contractor shall obtain the Surety's consent fin an extension beyond sixty (60) days. If this Bond is issued in connection will% a subcontractor's bid to a Contractor, the tem% Contractor in this Bond shall be deemed to be Subcontractor and ilia term O%encr shall be deemed to be Contractor. When this Bond has been furnished to comply %with a statutory or other legal requirement in the locution of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefmm mid provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so I'umished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and seated this 10th day of November, 2021 (I1'lrness) 14Z (IFitr andy S. James -Browne rj':i� �j��11! • Attorney- S-0054/AS 8/10 ACKNOWLEDGEMENT OF CONTRACTOR - IF A CORPORATION STATE OF T 110 r'� &I COUNTY OF MaOn"i - Dace ON THE 10th DAY OF November, 2021 BEFORE ME PERSONALLY APPEARED M 6flU4_- j 01 TO BE KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)4E IS THE OF OHL USA, 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. LISSETTE LUMPUY r MY COMMISSION # GG 977248 o EXPIRES: June 7, 202a Notary Public Bonded Thru Notary Public Underwriters ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 10th DAY OF November, 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 Liberty Mutual 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. Notary Public William A. Drayton Jr. Notary Public Stata of New Jersey My commission expires April 9, 2026 (61 C M This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Irsurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8205705-985316 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the St3,e of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Edward Reilly, Kevin T. Walsh, Jr., Krystal L. Stravato, Marisol Mojica, Michael Marino, Thomas MacDonald all of the city of Whippany state of NJ Bach individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 4th day of June , 2021 . State of PENNSYLVANIA County of MONTGOMERY Liberty Mutual Insurance Company P� 1NSU� P-,t`l INS& 1NSURq The Ohio Casualty Insurance Company tiJ roRPOR4f ti� yJ ooh°Ra,�y �P ro5cupo yc, West American Insurance Company J3 FoF Q3 Foo Fofi 1912 0 1919 s( 1991 s Q 3 div SNCHU`���aa sos NAMP`�� m ,da S �hDIhNP as� By: David M. Carey, Assistant Secretary On this 4th day of June 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes G > therein contained by signing on behalf of the corporations by himself as a duly authorized oi5cer. (D _-a C'rn O - N O O kD C (0 a) N m rn `) t= � O.1= IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. SN PAST ~Q,U�tpoNWE4<1(`'Y Commonwealth Paste a,�tary Public Seal OF Montgomery county v My commission expire=_ March 26, 2025 By: Commission number 1126044 Member, Pennsylvania Association of Notaries eresa Pastella, �qRY PV0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Insurance Company, and West American Insurance Company which resolutions are now it `oil force and effect reading as follows: Ohio Casualty Insurance Company, Liberty Mutual a) ARTICLE IV- OFFICERS: Section 12. Power of Attorney. o M Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Z c0i instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to he limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and co-rect copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 10th day of November , 2021 P� INSU,gq P',ZY INS&, 9 J4°RP°f�ro om �J=ooRPo�ro yo 2 F F rn 1912yo0Z1919�0 rd�vssgcHUs� as s�HAMP`��� D� eh * rev dyl * *e� LMS -12673 LMIC OCIC WAIC Mulb Co 02121 \NSU? V, oRPo� qy Pi o 2 f, 1991 00 _ L54tlA� s. B• :'� °*"aa y Renee C. Llewellyn, Assistant Secretary U '0� Liberty Mutual SURETY LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT — DECEMBER 31, 2020 Assets Cash and Bank Deposits ......................................... $2,058,007,542 *Bonds — U.S Government ..................................... 2,209,760,437 *Other Bonds............................................................ 15,902,755,586 *Stocks ..................................................................... 18,517,107,230 Real Estate.............................................................. 193,169,809 Agents' Balances or Uncollected Premiums........... 6,970,170,469 Accrued Interest and Rents ..................................... 118,399,147 Other Admitted Assets ............................................ 12,079,597,645 Total Admitted Assets.....................................S58,048,967,86-5 Liabilities Unearned Premiums ................................................ $8,448,706,991 Reserve for Claims and Claims Expense ................. 23,879,216,613 Funds Held Under Reinsurance Treaties ................. 343,068,613 Reserve for Dividends to Policyholders .................. 1,192,716 Additional Statutory Reserve .................................. 77,397,000 Reserve for Commissions, Taxes and Other Liabilities ................................................ 6,279,510,804 Total................................................................. $39,029,0929737 Special Surplus Funds ................. $178,155,102 Capital Stock ............................... 10,000,075 Paid in Surplus ............................ 10,945,045,214 Unassigned Surplus ..................... 7,886,674,737 Surplus to Policyholders.................................19,019,875,128 Total Liabilities and Surplus................................558,048,2,67 1NSUkH � ORPOggT%. Bonds are stated at amortized or investment value; Stocks at Association Market Values. 1912 3 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial yP��,ssq 'r statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2020, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 251 day of March, 2021. Assistant Secretary S-1262LMIC/a 3/2'1 SECTION 00452 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2022008 for 6M AVENUE MILLING & RESURFACING FROM U.S.1/S.R.5 TO 21sT STREET — IRC -1638 2. This sworn statement is submitted by: Manuel Aguiar FOR -1I (Name of entity submitting Statement) whose business address is: 9675 NW 117th Avenue Miami, Florida 33178 My name is Manuel Aguiar (Please print name of individual signing) and my relationship to the entity named above is Vice -President 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, Son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on infonnation 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.] V Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents w'lo are active in management of the entity, have any relationships as defined in section 105.08. Indian River County Code, with any County Commissioner or County employee. 00452-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00452 Disclosure of Relationships.doc The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee tture) Agutar/Vice President 11/10/2021 (Date) STATE OF Florida COUNTY OF Indian River Sworn to (or affirmed) and subscribed before me by means of 9 physical presence or ❑ online notarization, this '1 Oth day of November 12021 by Manuel Aguiar / Vice President (name of person making statement). I otirpr cUe •.. =FERNANDEZNDEZ , Notare of Florida Si nature of Nota Public — Sta of Florida Co356716(g ryoMy CoJul 21, 2023(Print, Type, or Stamp Commissioned Name of Notary Public Bonded thrNotary Assn. Ci who is personally known to me or ❑ who has produced as identification. * * END OF SECTION * * 00452-2 F:\PublieWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00452 Disclosure of RelationshipsAnc 2 3 4 5 R 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 -1638 for 6T" AVENUE MILLING & RESURFACING FROM U.S.1/S.R. 5 TO 21ST STREET This Sworn Statement is submitted by OHL USA, Inc. (Legal Name of Entity Submitting Sworn Statement) ----------------- . hereinafter "BIDDER". The BIDDER's address is q675 NW 117th Ave Sumtp- 108 Mmamm Fnrida 33178 BIDDER's Federal Employer Identification Number (FEIN) is 98-0461222 My name is Manuel Aguiar 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. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et.seg. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. do The BIDDER has allocated and included in its bid the total amount of $ t .— , based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. The BIDDER has allocated and included in its bid the total amount of $ k 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: 00454 - Florida Trench Safety Act - REV 04-07.doc 00454 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00454 - Florida Trench Safety Act - REV 04-07.doc 9 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. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: USA,Inc. By: MdnLtl Agular Position or Title: Vice President Date: 11/10/2021 STATE OF Florida COUNTY OF Indian River Sworn to (or affirmed) and subscribed before me by means of E2, physical presence or ❑ online notarization, this 10th day of November , 20 21 by Manuel Aquiar (name of person making statemWt). Idanis Fernandez (Signature of Notary Pu c — State of Florida (Print, Type, or Stamp Commissioned Name of Notary P Q who is personally known to me or ❑ who has produced as identification. * * END OF SECTION * * 'Ps P61 FERNANDEZ Notary Public - State of Florida Commission N GG 356716 ores° My Comm. Expires Jul 21, 2023 Bonded through National Notary Assn. 00454 - Florida Trench Safety Act - REV 04-07.doc 00454-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Sf eet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00454 - Florida Trench Safety Act - REV 04-07.doc SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. Documentation Submitted with Project No: IRC -1638 Project Name: 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 6 TO 21ST STREET Bidder's Name / Address: OHL USA,Inc. 9675 NW 117th Ave Suite: 108 Miami, Florida 33178 Bidder's Telephone & FAX Numbers: (786) 418-3476 Licensing and Corporate Status: a. Is Contractor License current? YES b. Bidder's Contractor License No: CGC1528013 [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: 16 Years 5. What is the last project OF THIS NATURE that the firm has completed? (2021-03) Fort Denaud Road Bridge Way (SR80)-Hendry County 6. Has the firm ever failed to complete work awarded to you? YES [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 9. Has the firm implemented a drug-free workplace program in compliance with Florida Statute 287.087? YES 00456 - Qualifications Questionnaire.doc 004,.x-6 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Rasu facing (SCOP)\1.Admin\Bids\Bid Documents\Master Contract Documents\00456 - Qualifications Questionnaire.doc (In the case of a tie, preference will be given to businesses with drug-free workplace programs) 10. Has the firm ever been charged with noncompliance of any public policy or rules? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 11. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 12. Has the firm ever defaulted on any of its projects? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 13. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 14. Name of person who inspected the site of the proposed work for the firm: Name: Manuel Aquiar Date of Inspections: 10/19/2021 15. Name of on-site Project Foreman: Brian Cooper Number of years of experience with similar projects as a Project Foreman: 25 16. Name of Project Manager: Yohei Castro Number of years of experience with similar projects as a Project Manager: 15 17. State your total bonding capacity: $ 2.5 Billion 18. State your bonding capacity per job: $ 300 Million 19. Please provide name, address, telephone number, and contact person of your bonding company: Jim Merrill -390 N.Broadway Jericho NY 11753 -(516)387-1170 Jim.Merrill@americanglobal.com [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire.doc 00456-2 F:\PubljcWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue LIS -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00456 - Qualifications Questionnaire.doc SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. Documentation Submitted with Project No: IRC -1638 Project Name: 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET Bidder's Name / Address: OHL USA,Inc. 9675 NW 117th Ave Suite: 108 Miami. Florida 33178 2. Bidder's Telephone & FAX Numbers: (786) 418-3476 3. Licensing and Corporate Status: a. Is Contractor License current? YES b. Bidder's Contractor License No: CGcl528013 [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 stat;13s 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: 16 Years 5. What is the last project OF THIS NATI: RE that the firm has completed? (2021-03) Fort Denaud Road Bridge Way (SR80)-Hendry County 6. Has the firm ever failed to complete work awarded to you? YES [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? YES [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] Has the firm ever been charged by OSHA for violating any OSHA regulations? YES [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 9. Has the firm implemented a drug-free workplace program in compliance with Florida Statute 287.087? YES 00456 - Qualifications Questionnaire.doc OC456 - i F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21 st Street Resurfacing (SC0P)\1-Admin\Bids\Bid Documents\Master Contract Documents\00456 - Qualifications Questionnaire.doc (In the case of a tie, preference will be given to businesses with drug-free workplace programs) 10. Has the firm ever been charged with noncompliance of any public policy or rules? NO [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project i-ame, Owner, and the Owner's telephone number for each project.] 11. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 12. Has the firm ever defaulted on any of is projects? YES [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 13. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 14. Name of person who inspected the site of the proposed work for the firm: Name: Manuel Aguiar Date of Inspections: 10/19/2021 15. Name of on-site Project Foreman: Brian Ccoper Number of years of experience with similar projects as a Project Foreman: 25 Years 16. Name of Project Manager: Yohei ;;astro Number of years of experience with similar projects as a Project Manager: 15 Years 17. State your total bonding capacity: $ 2.5 Billion 18. State your bonding capacity per job: $ 300 Million 19. Please provide name, address, telephone number, and contact person of your bonding company: See attacher [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire.doc 0.34-56-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\t-Admin\Bids\Bid Documents\Master Contract Documents\00456 - Qualifications Questionnaire.doc 19. Complete the following table for SIMILAR projects: -See Attached Name of Project Date Completed Owner Contact Person: Name/ Email Address/Phone Original Contract Amount Final Contract Amount * * END OF SECTION * * 00456 - Qualifications Questionnaire.doc 00455-3 F:\Public Works\ENGINEER ING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\t-Admin\Bids\Bid Documents\Master Contract Documents\00456 - Qualifications Questionnaire. doc SECTION 00456 — QUALIFICATIONS QUESTIONNAIRE OHLA USA, Inc. Responses Question 6 & 12. OHLA USA, Inc. received a notice of termination for default from the Owner on a Project located in Yorba Linda, CA, with a contract value of less than $26 million. The Owner cited projected project delays as the reason for the termination. At the time of termination, the work was nearly 50 percent complete. OHLA USA, Inc. is challenging the termination on the grounds that it was improper because the projected delays were excusable. As of 11/10/2021, this matter is ongoing. Question 7. OHLA USA, Inc. • Project: Hardy Toll Road Drainage Owner: Harris County Toll Road Authority (7701 Wilshire PI Dr. Houston, TX 77040) Project: Harris County SH 225 Owner: Texas Department of Transportation (125 East 11th St. Austin, TX 78701) Project: Hays County, IH -35 Yarrington Road Project Owner: Texas Department of Transportation (125 East 11th St. Austin, TX 78701) • Project: Williamson County FM 685, C757-1-20 Owner: Texas Department of Transportation (125 East 11th St. Austin, TX 78701) *Additional details can be provided upon request QUESTION 8. UNITED STATES DEPARTMENT OF LABOR OSHA Q SEARCH OSHA OSHA v STANDARDS v TOPICS v HELP AND RESOURCES v Contact Us English Espanol Inspection Detail Quick Link Reference 1387834.015 1 1177059.015 1 1120912.015 Case Status: CLOSED Inspection: 1387834.015 - Ohl Usa Inspection Information - Office: Ca Santa Ana District Office Nr: 1387834.015 Report ID: 0950631 Open Date: 03/18/2019 Ohl Usa 526 S. State College Blvd. Union Status: Union Anaheim, CA 92806 SIC: NAICS: 541330/Engineering Services Mailing: 1920 Main Street, Suite 310, Irvine, CA 92614 Inspection Type: Complaint Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 06/10/2319 Close Case: 10/07/2319 Related Activity: Type ID Safety Health Complaint 1436685 Yes Case Status: CLOSED Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 2 2 Current Violations 2 2 Initial Penalty $0 $0 $0 $935 $0 $935 Current Penalty $0 $0 $0 $675 $0 $675 FTA Amount $0 $0 $0 $0 $0 $0 FAQ A to Z Index Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent 1. 01001 Other 341(C)(2)(B) 06/10/2019 06/24/2019 $225 $375 $0 07/17/2019 - 2. 01002 Other 1513(C) 06/10/2019 $450 $560 $0 07/17/2019 - Case Status: CLOSED Inspection: 1177059.015 - Ohl Usa Inc Inspection Information - Office: Ca Fresno Nr: 1177059.015 Report ID: 0950625 Open Date: 09/07/2016 Ohl Usa Inc 300 Owens Lake Lone Pine, CA 93545 Union Status: Union SIC: NAICS: 236220/Commercial and Institutional Building Construction Mailing: 1920 Main Street, #310, Irvine, CA 92614 Inspection Type: Unprog Rel Scope: Complete Advanced Notice: N Ownership: Private Safety/Health: Health Close Conference: 12/20/2016 Close Case: 06/08/2017 Case Status: CLOSED Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 3 3 Current Violations 3 3 Initial Penalty $0 $0 $0 $2,385 $0 $2,385 Current Penalty $0 $0 $0 $1,535 $0 $1,535 FfA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest 1. 01001 Other 1527(A) 12/22/2016 01/17/2017 $675 $1,125 $0 2. 01002 Other 3203(B)(2) 12/22/2016 01/17/2017 $300 $325 $0 3. 01003 Other 3395(I) 12/22/2016 01/17/2017 $560 $935 $0 Case Status: CLOSED Inspection: 1120912.015 - Ohl Usa, Inc. Inspection Information - Office: Houston North Nr: 1120912.015 Report ID: 0626600 Open Date: 01/27/2016 Ohl Usa, Inc. 12500 Nw Freeway Hwy 290 Houston, TX 77092 Union Status: Nonunion SIC: NAICS: 237310/ Highway, Street, and Bridge Construction Mailing: 4020 South Industrial Drive Suite 260 , Austin, TX 78744 Inspection Type: Fat/Cat Scope: Partial Advanced Notice: N Ownership: Private Safety/Health: Safety Close Conference: 01/27/2016 Emphasis: L•Workzone Close Case: 11/07/2016 LastEvent I - Informal Settlement I - Informal Settlement I - Informal Settlement Related Activity: Type ID Szfety Accident 1057701 Case Status: CLOSED Violation Summary Health Accident Investigation Summary Summary Nr: 82587.015 Event: 01/26/2016 Employee Is Struck And IQlled By A Dump Truck At 12:30 p.m. on January 26, 2016, four employees were walking and surveying a highway lane widening project. One of the employees knelt down to write on a notepad. A dump truck which was backing into the area to unload sand, backed over the kneeling employee. The employee was killed by his injuries. Keywords: dimp truck, run over Inspection Degree Nature Occupation 1 1120912.015 Fatality Other Civil Engineer UNITED STATES DEPART iMENT OF LABOR Occupational Safety and Health Administration 200 Constitution Ave NW Washington, DC 20210 L 800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance D isasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY AND HEALTH Frequently Asked Questons A - Z Index Freedom of Information Act Read the OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THE SITE Freedom of Information Act Privacy & Security Statement Disclaimers Important Website Notices Plug -Ins Used by DOL Accessibility Statement 9 Serious Willful Repeat Other Unclass Total Initial Violations 2 2 Current Violations 1 1 Initial Penalty $14,000 $0 $0 $0 $0 $14,000 Current Penalty $0 $0 $0 $7,000 $0 $7,000 FTA Amount $0 $0 $0 $0 $0 $0 Violation Items # ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest LastEvent Deleted 1. 01001 Serious 19260602 A09 II 03/07/2016 03/31/2016 50 $7,000 $0 I - Informal Settlement 2. 02001 Other 19260021 B02 07/07/2016 09/16/2016 $7,000 $7,000 $0 I - Informal Settlement Accident Investigation Summary Summary Nr: 82587.015 Event: 01/26/2016 Employee Is Struck And IQlled By A Dump Truck At 12:30 p.m. on January 26, 2016, four employees were walking and surveying a highway lane widening project. One of the employees knelt down to write on a notepad. A dump truck which was backing into the area to unload sand, backed over the kneeling employee. The employee was killed by his injuries. Keywords: dimp truck, run over Inspection Degree Nature Occupation 1 1120912.015 Fatality Other Civil Engineer UNITED STATES DEPART iMENT OF LABOR Occupational Safety and Health Administration 200 Constitution Ave NW Washington, DC 20210 L 800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Severe Storm and Flood Recovery Assistance Disaster Recovery Assistance D isasterAssistance. gov USA.gov No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY AND HEALTH Frequently Asked Questons A - Z Index Freedom of Information Act Read the OSHA Newsletter Subscribe to the OSHA Newsletter OSHA Publications Office of Inspector General ABOUT THE SITE Freedom of Information Act Privacy & Security Statement Disclaimers Important Website Notices Plug -Ins Used by DOL Accessibility Statement 9 STATUS OF CONTRACTS ON HAND - OHL USA, Inc. - Updated 10/06/2021 Give full information about all of your contracts, whether prime or subcontracts; whether in progress or awarded but not yet begun; arc regardless of its location and with whom contracted. 1 2 3 4 5 6 7 UNCOMPLETED AMOUNT TO BE DONE BY MT"XLIVM AND CONTRACTOR AMOUNT SUBLET TO BALANCE OF APPLICANT CLASSES OF WORK SUBCONTRACT) CONTRACT AS PRIME AS YOU ARE PERFORMING AMOUNT OTHERS AMOUNT CONTRACTOR SUBCONTRACTOR Hot plant-mixed bitum courses Grading, Pavement Marking T4530 - Road Name: Prospect Rd Limits: SR- FleAble Paving 870 (Commercial Blvd) to SR-811 (Dixie Hwy) $ 4,656,£00 $ 2,947,700 $ 1,709,200 $ - $ Sidewalk, Electrical FDOT#435925-1-52-01 Signage, Guardrail Hot plant-mixed bitum courses Grading Pavement Marking E4U20 - Road Name: Palm Beach County Flexible Paving Push button Contract Traffic OPS $ 1,188,C00 $ 586,900.00 $ 601,100 $ 378,000 $ Sidewalk, Electrical FDOT#436340-1-52-01 Signage, Guardrail T4542 - Road Name: SR-25 (US-27) Hot plant-mixed bdum courses Limits: From Broward Co Line to NW of Sugar Grading, Pavement Marking Flexible Paving Farm Corp Road $ 22,205,C00 $ 11,398,400.00 $ 10,806,600 $ 2,013,200 $ Sidewalk, Signage FDOT#439842-1-52-01 Guardrail, Landscaping FDOT#439842-1-52-02 FDOT#439842-1-52-03 MOT, Grading Flexible Paving E54A5 - SR 518 & Eau Galle Blvd $ 756,000 00 $ 463,800.00 $ 292,200 $ 7,400 Hot-plant-meed bituminous Sodding, Sidewalk MOT, Grading Flexible Paving Hol-plant-mixed bituminous Drainage, Electrical 15699 SR 518 - Eau Gall 1-95 $ 6,603,900 00 $ 3,194,100.00 $ 3,409,800.00 $ 1,802,600 Pavement Markings Roadway Signing Traffic Signals CTC, RS, Sidewalk MOT, Major Bridge Minor Bridge Grading, Flexible Paving Hol-plant-naed bituminous Electrical, Guardrail FDOT E8355 - Res&Saf Imp Osceola $ 16,707,700.00 $ 7,292,700.00 $ 9,415,000 $ 5,401,200 Sodding Pavement Markings Roadway Signing RR Minor Bridge Grading, Base Drainage, Electrical Grassing, Landscaping FDOT T4559 Coral Ridge Drive $ 7,560,800 00 $ 2,967,300.00 $ 4,573,500.00 $ 3,738,200 Markings, Signing Signals, Sidewalk Bridge Deck Grading, Base Drainage, Electrical Grassing, Markings FDOT T5688 SR 15 & SR 60 $ 4,662,300 00 $ 1,148,200.00 $ 3,514,100.00 $ 3,060,500 Signing, Signals, ITS asDeck MOT , Grading Hot-MK Drainage Markin s FDOT T4554 S R-93/1-75 Sheridan $ 7,949,000.00 $ 613,200.00 $ 7,335,800.00 $ 6,633,300 MOT, Grading Fkectric Drainage FDOT T4579 SR-93/1-75 & SR-84 $ 12,494,400.00 $ 943,500.00 $ 11,550,900.00 $ 10,406,300 Electrical,Guardrail l, S.ddiro. Markin s MOT, Grading Flex.pav irg, Hat-Mix Drainage, Electrical FDOT T6496 SR-5/US-1 Dixie Highway $ 5,396,100 00 $ 1,395,900.00 $ 4,000,200.00 $ 3,746,800 Guardrail, Sodding Landscaping, Markings Sidewalk MOT , Grading Flex.paving, Hot-M& Drainage, Electrical FDOT 14565: SR-25 (US-27), From the SR- $ 15,781,900.00 $ 2,878,100.00 $ 12,903,800.00 $ 13,154,900 Guardrail, Sodding 93 (1-75) Interchange Markings, Signing MOT, Major Bridge Minor Bridge Grading, Flexible Paving Hat-plant-mixed bituminous FDOT T4580: SR-25 (US 27) at Okeelanta Rd $ 18,014,900.00 $ 4,091,700.00 $ 13,923,200.00 $ 13,472,200 Drainage, Guardrail and CR 827 Intersection Sodding Pavement Markings Roadway Siqninq MOT, Grading, Flexible Paving Hot-plant-mixed bituminous Guardrail FDOT T1 805: SR-80 from Lee County Line to $ 6,184,000.00 $ 5,028,900.00 $ 1,155,100.00 $ 1,155,100 Sodding Grandmas Grove RV Resort Pavement Markings Roadway Signing $ 85,190,500 6 $ 64,969,700 $ Page 1 of 3 STATUS OF CONTRACTS ON HAND - OHL USA, Inc. - Updated 10/06/2021 Give full information about all of your contacts, whether prime or subcontracts; whether in progress or awarded but not yet begun; and -egardless of its location and with whom contracted. 1 2 3 4 5 6 7 CONTRACT (OR BALANCE OF UNCOMPLETED AMOUNT TO BE DONE BY CLASSES OF WORK OTHER ir�'�T) PROJECTS, OWNER, AND SUBCONTRACT) AMOUNT SUBLET TO CONTRACT APPLICANT AS PRIME AS LOCATION OF WORK YOU ARE PERFORMING AMOUNT OTHERS AMOUNT CONTRACTOR SUBCONTRACTOR Portland cement concrete, electrical work, grading, roadway paving, South Corridor Rapid Transit $ 368,233,500 $ 131,868,900 $ 236,364,600 $ 197,667,500 drainage, signage, fencing Grading, roadway paving, drainage Fort Denaud Road SR -80 Bridge Way $ 1,079,000 $ 605,600 $ 473,400 $ 186,200 Major bridge, portland cement concrete, electrical work, grading. 1-35 Ellis County North $ 151,039,200 $ 65,708,700 $ 85,330,500 $ - $ roadway paving, drainage, signage, Texas Department of Transportation fencing Portland cement concrete, electrical IH35@William Cannon, Austin, Texas, Travis wo ,ge,R&grading, roadwbridgea paviing, County $ 85,861,0']0 $ 57,251,500 $ 28,609,500 $ - $ dratraffic signal Texas Department of Transportation Portland cement concrete, electrical 1-35 Denton County work, grading, roadway paving, drainage Texas Department of Transportation $ 29,900,2)0 $ 14,881,000 $ 15,019,200 $ 1,820,400 $ - minarbndge, Major bridge, R&R bridge, portland ment concrete, electrical work, SH130 North Travis County $ 42,196,9)0 $ 15,894,300 $ 26,302,600 $ 216,300 $ grading, roadway paving, drainage, Texas Department of Transportation signage, fencing Major bridge, R&R bridge, portland cement concrete, electrical work, SH 130 South Travis County $ 59,893,2]0 $ 23,739,100 $ 36,154,100 $ - $ - grading, roadway paving, drainage, Texas Department of Transportation signage, fencing Portland cement concrete, electrical work, grading, roadway paving, US 287 Ellis County $ 28,336,000 $ 12,474,400 $ 15,861,600 $ - $ - drainage, R&R bridge, sidewalk, Texas Department of Transportation traffic signal Major bridge, traffic signals, Fairway Drive Grade Separation, Los Angeles, arainage,elding,aldding, seeding, sodding, California $ 148,402,6'00 $ 41,727,600 $ 106,675,000 $ 15,645,900 $ - portland grassing, portland cement concrete, signage, sidewalk Alameda Corridor -East Demolition, CIP concrete, grouting, Santa Ana River, Orange County, Californiaearthwork, utilities, waterway and manne construction U.S. Army Corps of Engineers $ 13,048,00 $ 5,161,400 $ 7,886,600 $ - $ - Various locations, Los Angeles, California Portland cement concrete, electrical California Department of Transportation, $ 10,753,0 ]0 $ 3,658,700 $ 7,094,300 $ 87,700 $ work, grading, roadway paving District 7 Drainage, esd1dw.rk, grading Carson Stormwater, City of Carson, California $ 11,592,600 $ 2,915,800 $ 8,676,800 $ - $ - City of Carson Newhope Placentia Trunk Sewer Demolition, MOT, utilities Replacement, Anaheim, Califomia $ 63,144,[00 $ 14,584,000 $ 48,560,000 $ 1,697,700 $ - Orange County Sanitation District Machado Pipeline, Los Angeles, California MOT, utilities Los Angeles Department of Public Works $ 19,129,200 $ 6,108,900 $ 13,020,400 $ 916,900 $ - Bureau of Engineering Argo Drain Sub -Basin, Los Angeles, CA Earthwork, drainage, utilities, � g CI of Los Angeles Department of Public $ 37,560,E00 $ 14,647,300 $ 22,913,500 $ 476,800 $ - Portland cement concrete Works Bureau of Engineering Major bridge, repair and rehabilitation, traffic signals, King City Route 101 $ 81,584,500 $ 33,803,800 $ 47,780,700 $ 15,830,500 $ drainage, landscaping, portland cement concrete, signage California Department of Transportation Water treatment plant Valencia Advanced Water Treatment Facility, $ 88,167,800 $ 15,654,800 $ 72,513,000 $ 16,037,700 $ - Valencia California Waterworks San Gabriel River $ 13,276,400 $ 1,548,900 $ 11,727,500 $ 7,843,800 $ Concrete Barden Replacement Valley Circle $ 34,156,400 $ 6,005,200 $ 28,151,200 $ 17,133,900 $ - Demolition JPCP Precast Jointed ConcretePavament Glen Helen $ 23,978,000 $ 8,254,500 $ 15,723,500 $ 307,900 $ - Demoliticn watemorks Mission Trails $ 30,016,200 1 $ 6,515,000 $ 23,501,200 $ 5,834,400 $ Roadways SR91 CorridorOperartions $ 18,965,200 $ 6,705,800 $ 7,453,900 $ 4,480,200 Page 2 of 3 STATUS OF CONTRACTS ON HAND -OHL USA, Inc. - Updated 10/06/2021 Give full information about all of your contracts, wnelher prime or subcontracts; whether in progress or awarded but not ye: begun; and regardless of its location and with whom contracted. 1 2 3 4 5 6 7 UNCOMPLETED AMOUNTTOBE DONE BY OTHER (Non4t 07) PROJECTS, OWNER, AND CONTRACT (OR AMOUNT SUBLET TO BALANCE OF CONTRACT APPLICANT CLASSES OF WORK LOCATION OF WORK YOU ARE PERFORMING SUBCONTRACT) OTHERS AMOUNT AS PRIME AS AMOUNT CONTRACTOR SUBCONTRACTOR Bridge construction Hammer Avenue Bridge $ 47,234,900 $ 11,627,100 $ 35,607,800 $ 31,753,600 Roadways Demolition, Earthwork, Concrete Paving, Drainage, RT71 Pomona -Chin! Hills Project $ 86,610,300 $ 2,262,200 $ 84,348,100 $ 82,824,600 Retaining walk Waterworks, tunneling, Morena Conveyance North $ 95,243,600 $ 27,428,700 $ 67,814,900 $ 67,204,500 concrete paving Demolition, Earthwork, Concrete Paving, Widening Drainage, 1-5 North County Enhancements $ 379,957,200 $ 127,445,900 $ 252,511,300 $ 251,951,300 Retaining walls �c $ 1,306,075,200 $ 719,917,800 $ Col. 6 Subtotal PLEASE ENTER ATTACHMENT TOTALS ON THIS LINE TOTAL UNCOMPLETED WORK ON HAND TO BE DONE BY YOU $ 784,887,500 $ - GRAND TOTAL $ 784,887,500 NOTE: Columns 3 and 4 to show total contract (or subcontract) amounts. Column 5 to be difference between columns 3 and 4. Amount in Total of Columns 6 and 7 Must Be columns 6 or 7 to be uncompleted portion of amount in column 5. All amounts to be shown to nearest $100.00. The Contractor may Filled In and Must Agree with Related consolidate and list as a single item all contracts which individually do not exceed 3% of the total, and which, in the aggregate, amount to less Attachment(s), if furnished. than 20% of the total. Page 3 of 3 Q: 19- Bonding Company Contact Information Name and Address of Agent — American Global, LLC 390 N. Broadway Jericho, NY 11753 Jim Merrill 516/387-1170 Jim.Merrill@americanglobal.com Bonding Companies - Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Priyanka Gehlot 610/832-8301 Privanka.gupta@libertymutual.com Berkshire Hathaway Specialty Insurance Company 1314 Douglas Street Omaha, NE 68102-1944 Andrew Foss 917/839-2306 Andrew.foss@bhspecialty.com United States Fire Insurance Company 305 Madison Avenue Morristown, NJ 07962 John Phinney 973/631-5955 John.Phinnev@CFINS.com Everest Reinsurance Company P.O. Box 830 Liberty Corner, NJ 07938 Adam Saeger 646/618-6179 Adam.Saeger@everestnational.com Markel Insurance Company 4521 Highwoods Parkway Glen Allen, VA 23060 Angelo Balestrieri 718/902-6107 Angelo.Balestrieri@markeI.com OHL USA, Inc. is an Affirmative Action/Equal Opportunity Employer O Z O c Q u J u � V w U D V tt^^ v W QF -- cl,- U m O o Z uj f- coo - ! V)m O Z 0 CN = O z E— � ' •. w Nv N N� V) Z � o° �; � o U Q LL LV w fid 't ' s� Z ,i M Ll O V U Q x �� ---' � �� ° w M' M; >mH i a 0 w oo Ett �i Q r' k I Q W � �= (/) c� m U O LL Z O Q�� :%i z I —4 .e; i W � E_ U C O Q1 - C LV to H V) 0 Z O CL Vis l w"-1 o Z o 4� c c� U >_ <C: O_ o H Z Q LL _ Co O z 'olLjjj m V J Z W � `n o Z w W > p Q ° ' LLQ w a - 0O V 0 LO < Q) a V) o LLI f Ri- 0 iAi o'r w. W I�Y L U THIS PORTION INTENTIONALLY LEFT BLANK l DETACH HERE 4 DISCARD THIS PORTION BEFORE MAILING y DETACH HERE 4 ----------------------------------------------------------------------------------------------------- 2021 - 2022 LOCAL BUSINESS TAX INDIAN RIVER COUNTY, FLORIDA MUST BE DISPLAYED INA CONSPICUOUS PLACE TYPE OF 512 CONTR-GENERAL/CERTIFIED BUSINESS 650 RETAIL SALES BUSINESS 2975 INDUSTRIAL BLVD ADDRESS VERO BEACH, FL 32967 NAME COMMUNITY ASPHALT CORP MAILING AGUTAR, MANUEL ANTONIO ADDRESS 9675 NW 117TH AVE SUITE 108 MIAMI, FL 33178 Paid 09/21/2021 40.00 000-00070490 ACCOUNT# 11982 RECEIPT # 5126574.000 EXPIRES SEPTEMBER 30, 2022 AMOUNT 40.00 PENALTY 0.00 TRANSFER 0.00 TOTAL 40.00 This receipt is in addition to and not in lieu of any other license required by law or municipal ordinance and is subject to regulations of zoning, health and any other lawful authority. Owner must notify the Tax Collector's Office of any changes in business name, ownership, location address or mailing address. CAROLE JEAN JORDAN, CFC TAX COLLECTOR INDIAN RIVER COUNTY, FLORIDA DIVISION OF CORPORATIONS Drimi'mi 9! frit rillriLl �/rlr? (if F7r"ritla wrhl t-, [Department of State / Divlslon of Co porationg, / Search Records / Search by Erti Nama / 9675 NW 117th Avenue Suite 108 Miami, FL 33178 Title Secretary Pereira, Cesar F. 26-15 Ulmer Street College Point, NY 11354 Title CFO Saitzyk, Martin W. 26-15 ULMER ST College Point, NY 11354 Title Executive Vice President Hickey, Donald 9675 NW 117 AVENUE Ste. 108 MIAMI, FL 33178 Title VP Agular, Manuel Antonio 9675 NW 117 AVENUE Ste. 108 MIAMI, FL 33178 Title Asst. Secretary Washington, Paul 9675 NW 117 AVENUE Ste. 108 MIAMI, FL 33178 Title Director Fernandez Gallar, Jose Antonio Paseo de la Castellana 259 D Torre Espacio Madrid, ES 28046 ES Title COO Ruiz Andujar, Daniel 9675 NW 117 AVENUE Ste. 108 MIAMI, FL 33178 Annual Reports Report Year Filed Date 2020 06/05/2020 2021 04/19/2021 2021 09/09/2021 Document images 09/09/2021 --AMENDED ANNUAL REPORT View image in PDF format 09108/2021 --Nome Change View Image In PDF format 04/19/2021 --ANNUAL REPORT View image in PDF format 06/0512020 --ANNUAL REPORT View image in PRF format I 07/2212019 —AMENDED ANNUAL REPORT View image in PDF format 061 812019 — AMENDED ANNUAL REPORT View image in PDF format 04/30/2019 —ANNUAL REPORT View image in PDF format 06/26/2018 — Merger View image in PDF format 04127/2018 — ANNUAL REPORT View Image in PDF format 01/09/2017 — ANNUAL REPORT View Image In PDF format 05/10/201�—Reg. Agent C ange View Image in PDF format 03/09/2016 — ANNUAL REPORT View image In PDF format ` 03/19/2015 — ANNUAL REPORT View image in PDF format 02/19/2014 —ANNUAL REPORT View Image in PDF format 07123/2013 — AMENDED ANNUAL REPORT View Image in PDI= format 02/05 201 2 --6HUUAL REPORT View Image in PDP format 021Q712012—ANNUAL REPORT View image in PDF format 02/25/2011 —ANNUAL REPORT View image In PDF format 02102/2010 —ANNUAL, REPORT View image in PDF format I 04/29/2009 —ANNUAL REPORT View image In PDF format ! 04/18/2008 —ANNUAL REPORT View image in PDF format 11/20/2007.— Reg. Agent Change View Image in POF format 04/10/2007 — ANNUAL REPORT View Image In POF format 09119/2006 — ANNUAL REPORT View Image in PDF format 06!01/2005 -- Foreign Profit View image In PDF format Florida Departrrerk of Style, Dii1fn t of Cvmoratlons Florida Department of Transportation RON DESANTIS 605 Suwannee Street KEVIN J. THIBAULT, P.E. GOVERNOR Tallahassee. FL 32399-0450 SECRETARY June 11, 2021 OHL USA INC 26-15 ULMER ST COLLEGE POINT, NEW YORK 11354 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 S.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 "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, HOT PLANT - MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MAJOR BRIDGE - CAST IN PLACE / POST -TENSIONED / SUPER -STRUCTURE, MAJOR BRIDGE - CURVED STEEL GIRDERS, MAJOR BRIDGE - MULTI-LEVEL ROADWAYS, MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, R&R INTERMEDIATE BRIDGES ("R&R" IS REPAIR AND REHABILITATE), R&R MINOR BRIDGES, ROADWAY SIGNING, SIDEWALK, Retaining Walls 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. Improve Safety, Enhance Afobility, Inspire Innovation www.fdot.gov OHL USA INC June 11, 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, Alan Autry, Manager Contracts Administration Office AA: cg OHL USA, Inc. - Projects Completed Within Last Five Years Project Name Contract Value Project Owner and Contact Description Completion Date Wilmington Ave. Interchange Modification; City of Carson Improvements to the 1-405 and Wilmington Ave. Carson, CA $ 28,967,311.83 Raymond Velasco, P.E Interchange including a new on-ramp to the 1-405, November 16, 2018 (310)952-1700 Ext 1812 retaining walls, noise walls, widening, retrofitting. SR55/SR91 Connector; Orange County, $ 20,235,020.55 Caltrans Adrian Wu, P.E. Construction of new lanes, bridge widening, October 31, 2016 CA 949-279-8488 retainingwalls, excavation. Magnolia Avenue / BNSF Railway Grade County of Riverside Construction of a 1,460 -foot long and 80 -foot wide Separation; Riverside County, CA $ 35,632,557.40 Wael Faqih, P.E. bridge that crosses over an existing BNSF railroad. September 1, 2016 951-264-2350 Lakeview Avenue Grade Separation; OCTA Constructionof a new 252 -foot long precast girder Orange County, CA $ 35,036,346.15 Ross Lew bridge, retaining walls, stone drain/sewer lines, and May 23, 2017 (714) 560-5775 a ground detention basin. Union/Patsaouras Plaza Busway Station; LA METRO Bridge widening, pedestrian walkways and bridge, LA County, CA $ 32,893,069.20 Timothy Lindholm stairs, elevators, canopy structure with lighting, December 10, 2020 323-506-8031 signage and wayfinding. Machado Lake Ecosystem Rehabilitation; City of Los Angeles Improvement of water quality by removing LA County, CA $ 74,277,419.34 Alvaro Prada contaminated sediment, installing systems to June 16, 2018 (714)300-3343 remove pollutants, and new treatment facilities. Puente Avenue Grade Separation; Los Alameda Corridor East Construction of two new bridges, retaining concrete Angeles County, CA $ 39,010,606.77 Mark Chrisloffels walls, pump station, utilities, roadway July 13, 2018 6269629292 improvements, demolition and grading. SR101 Pavement Replacement; LA Caltrans County, CA $ 19,678,148.48 Miguel Rodriguez Pavement replacement on the 101 freeway. March 21, 2017 213-330-6584 Caltrans 1-40 Six Bridges Replacement; Essex, CA $ 22,049,894.49 Darcy Davis Replacement of six bridges over two phases. June 29, 2017 760-326-4684 Seismic Retrofit &Reconstruction of the La $ 11,575,000.42 City of Pasadena Brent Maue Reconstructing the 103 year old bridge to meet June 30, 2017 Loma Road Bridge; LA County, CA 626-744-4303 current seismic and structural requirements Murrieta Creek, Phase 2; Riverside County $ 17,409,645.93 USACE - LA District Fernando Cano Improvements to the 4,300 -foot -long channel, October 1, 2019 LA 9095789705 including widening and deepening. Completed Projects Page 1 OHL USA, Inc. - Projects Completed Within Last Five Years Project Name Contract Value Project Owner and Contact Description Completion Date Palos Verdes Reservior Upgrade; Los MWD Replacement of the concrete liner with an asphalt Angeles County, CA $ 31,775,845.82 Everitt Mundkowsky liner overlain by an impermeable geomembrane July 9, 2019 7144763728 lining system. Ow Owens Lake Dust Mitigation -Phase 9/10; OwCounty, LADWP Development of 14 dust -control areas on a 3.6- Inyo CA $ 238,255,035.82 Jaime Valenzuela square -mile portion of a dry lake bed using gravel December 31, 2017 213-367-4977 cover, regional vegetation and shallow flooding. Santa Ana River Mainstem, Reach 9, $ 13,048,010.73 USACE - LA District Fernando Cano Improvements to a 2.4 -mile section of the north July 31, 2019 Phase 5B; Orange Couty, CA 909and705 bank of the Santa Ana River Channel. e City of Carson Carson Stormwater Capture Facility at $ 11,562,311.84 Julio Gonzalez Diverting urban and stormwater runoff into a April 22, 2020 Carriage Crest Park; LA County, CA (310)952-1700 Fxt 1829 detention basin underneath the park fields. Potrero Canyon Park -Grading; Pacific LA Recreation & Park=_ Final grading of the canyon to buttress the over - $ 17,222,522.82 Pedro Garcia steepened slopes and create a riparian zone August 18, 2020 Palisades, CA 213-847-4727 through center of the canyon Caltrans Adding an HOV lane, removal concrete barrier, HOV lanes on State Highway from Grand $ 25,571,922.84 Mohammad Ravanipour, PE widening outside lane, removal of HOV access to December 17, 2020 Ave. to Ball road; Orange County, CA (949)279-8407 Main St from 0.4 Mile South of Grand Ave. to Ball Rd. New York City Economic Development Corp. Construction of a (9,440 -foot -long and 12.5 -foot Water Siphon; Staten Island, NY $ 136,580,403.09 Padrick Askew diameter EPB TBM) potable water transmission Dec -18 212-312-3805 main (siphon). US 290 — Segment 4 Construction; $ 169,147,877.33 TxDOT Frank Leong Road widening and reconstruction. 2.026 miles November 6, 2020 Hams County, TX 713-934-5920 (1.472 miles- roadway+.554 miles - bridge) SH121 widening, segment 13; Dallas $ 59,860,148.29 TxDOT Jason Mashell Widening and upgrade of over 2.5 miles of SH 121 December 23, 2017 County, TX (214) 207-1635 Ext 18`2 from four to ten lanes TxDOT - Texas Department of T,ansportation Removal of an existing two-lane bridge spanning IH IH 35 at Yarrington Road $ 12,595,230.56 Victor Vargas 35 and replacing it with a four -lane bridge, plus two October 21, 2016 Austin, TX 512-282-2113 raised turnarounds on each side TxDOT Reconstruction of an existing road with grading, Williamson County FM 685 $ 11,162,108.68 Mike McKissick structures, water line, asphalt concrete, paving, January 2, 2017 Hutto, TX 512-997-2200 signing, pavement markings, and electrical work. Completed Projects Page 2 OHL USA, Inc. - Projects Completed Within Last Five Years Project Name Contract Value Project Owner and Contact Description Completion Date HCTRA Hardy Toll Road Maintenance TxDOT Construction involved drainage and bridge C421 $ 24,114,811.20 Matt Kainer maintenance work including the widening of the April 1, 2018 Houston, Texas 713-587-7835 tollway. Williamson County FM 1460 TxDOT - Texas Department of-ranspotation Replacement of 3.68 miles of 2 lane Farm to Market $ 22,042,000.04 Jasor Hudson Rd with 4 Lane divided Roadway; two new bridges December 5, 2018 Williamson County, TX 512-930-6012 and major drainage upgrades. NASA - Building 21 NASA-USACE OHL scope involves demolition, clearing and $ 58,800,000.00 Jeff Balthrop (Prime Con:act) grubbing, earthwork and site utilities relocation and Nov -17 Houston, TX 832-777-7545 installation. IH -35E Widening -South Section; TxDOT Widening of outside main lane NBML & SBML $ 36,459,000.09 Michelle Releford approx 19 miles along IH 35E from South to the Hill May 24, 2018 Waxahachie, TX 214-320-4485 County Line TxDOT Rehab bridge approach concrete pavement at 5 EB SH225, Hams County, TX $ 2,834,757.26 Melody Galland and WB from BW 8 to Tidal Rd 3.2 miles Proj ID: Apr -18 281-464-5510 NH 2016(060); CSJ: 0502-01-210 CSJ 0502-01-210 Widening of IH 35 thru Austin from William Cannon Travis - IH 35 Widening at Wm Cannon TxDOT - Texas Department of Transportation Dr to Stassney Lane. Removal and replacement of Drive $ 86,046,258.82 Mike Miller the Stassney Lane & William Cannon Overpasses January 9, 2020 Austin, TX 512-585-3318 and the addition of tum -around bridges to both locations. Travis - IH 35 (East Oltorf) $ 47,832,900.29 TxDOT Mike McKissick Added shoulders, auxilary lanes, ramp July 15, 2020 Austin, TX 512-997-2200 improvements, pavement Denton - IH 35 $ 29,900,178.21 TxDOT Jay Loomis Grade seperation along IH 35E at Brinker and State August 13, 2020 Denton County, TX 940-323-1835 School Rd/Mayhill Rd SH 130 North - Widening from SH 45 $ 40,670,004.76 TxDOT Kyle Russell, PM Widening 9 miles to add a third lane on SH 130 in October 13, 2020 North to US 290 East; Travis County, TX 737-215-7485 both directions, widen the main lanes and bridges. SR826 (Palmetto Expressway) / SR836 FDOT-D6 reconstruction and widening of an interchange, (Dolphin Expressway) Interchange $ 567,490,000.00 Andres Berisiartu, PE C.G.C. including 46 new bridges, widening of existing SR- February 19, 2017 Reconstruction 305-640-7412 836. Total corridor improvements 16 miles. Miami -Dade County, FL Completed Projects Page 3 OHL USA, Inc. - Projects Completed Within Last Five Years Project Name Contract Value Project Owner and Contact Description Completion Date FDOT The Design -Build (DB) team constructed 10 miles of SR -826 (Palmetto Expressway)/1-75 (SR -93) $ 261,893,925.00 Emmanuel Espial express lanes along SR 826 and another three miles Jun -18 Express Lanes; Miami -Dade, FL 305-640-7414 along 1-75. 1-95 at Woolbright Rd in the City of Boynton Beach, 1- FDOT 10th Ave Nin the City of Lake Worth, I-95 at 1-95 Interchange Broward / Palm Beach; $ 32,990,655.00 Carolyn Gish, P.E. District Constriction H ypoluxo Rd in Town of Lantana, I-95 at Donald Ross May -16 Broward County, FL Engineer Engineer Rd in City of Jupiter, 1-95 at SW 10th St in the City of 954-777- Deerfield Bch FOOT Reconstruction of SR -7 from Fillmore St to $ 29,659,698.00 Carolyn Gish, P.E. District Construction Reconstruction of SR -7 from North of Fillmore Street Sep -18 Stirling Rd; Broward County, FL Engineer to South of Stirling Road, Broward 954-777-4384 FOOT Construction of a 3.1 -mile, four -lane tolled roadway 1-75 Express Lanes, segment A/B; $ 233,018,220.00 Carolyn Gish, P.E. District Construction within the 166 -foot -wide median of 1-75, featuring two Oct -18 Miami, FL Engineer lanes on each side of the barrier wall. 954-7T7-4384 Collier Boulevard (CR951) Roadway Capacity Collier County Improvements (from Green Boulevard to $ 21,403,299.87 Brenda Brilhart Construction of a six -lane improvements from Green October 27, 2017 Golden Gale Boulevard 239-252-8446 Boulevard to Golden Gate Boulevard. Collier County, FL Construction of All Bridges and Structures work within All Aboard - C10 Miami to West Palm Beach/1-rail Rail All Aboard Florida (AAF) / Archer Western (67 miles). The AAF project required to rehabilitate All Aboard Florida (AAF) C-10 rail corridor; $ 35952661 Construction (CAC is sub to AWC) the existing main track and construct the proposed September 16, 2017 Miami to West Palm Beach, FL ,,.79 Daniel P. Walsh (Archer Western) second main track. Scope included grading, track 312-563-5400 construction, track shifting, grade crossing track, signal, civil and structures construction, utility adjustments and fiber optic duct bank installation. SR -821 (HEFT) Improvements from Bird FDOT Widening often future travel lanes with four Express Road to SR -836 (Dolphin Expressway); Miami $ 111,500,000.00 Peter Nissen, P.E. Toll (interior) Lanes, plus auxiliary lanes in NB and SB Feb -19 Dade, FL 954-975-4855 directions between the interchanges. FDOT SR -76 (Kanner Highway) from SW Lost River Road SR -76 Kanner Highway Reconstruction; $ 20,941,519.00 Dan Hiden, P.E. Operations Engineer (MP 25.780) to South of SR 714 (SE Monterey Road) Sep -18 Palm Beach County, FL 954-777-4384 (MP 30.047) in Palm Beach County Completed Projects Page 4 OHL USA, Inc. - Projects Completed Within Last Five Years Project Name Contract Value Project Owner and Cortact Description Completion Date The scope of work included milling, resurfacing, and Resurface Turnpike MP 178.287 to MP FDOT - Turnpike safety and design upgrade improvements for the 185.000; Indian River and Okeechobee $ 15,843,682.08 Peter Nissen, P.E. Turnpike Mainline (SR 91), from Milepost (MP) Aug -18 Counties, FL 954-975-4855 178.287 to Milepost (MP) 185.000 in Indian River and Okeechobee counties. SR -9 (1-95) and SR -9 (1-905) Improvements; FDOT The scope of work included milling and resurfacing, $ 17,184,516.93 Paul Lampley, RE cross slope correction, signing and pavement, Nov -18 Marlin and Palm Beach, FL 954-777-4384 guardrail reset/replacement, approach slab work Improvement works: milling and resurfacing Florida's Turnpike (SR 91) from the West Palm Beach Services Plaza to South of the West Palm Beach Canal (MM FDOT - Turnpike 94.309 to MM 102.462) including the ramps at SR 80 Resurface Turnpike MP 94.5-102.5 and MP $ 16,868,340.48 Peter Nissen, P.E. (Southern Blvd.), Jog Road and SR 704 (Okeechobee Oct -18 103.7-106.1; Palm Beach County, FL 954-975-4855 Boulevard) and milling and resurfacing from 45th St to SR 710/CSXRR (MM 103.684 to MM 106.098); includes safety upgrades and signing and pavement markings. The scope of work includes pavement milling, texturizing, new asphalt and concrete pavement construction, pavement grooving, underground water Miami -Dade County mains and fire hydrants, high mast lighting, gravity Miami International Airport Runway 12/30 Aviation Department walls, retaining walls, drainage and pollution control $ 43,654,066.00 E.W. Franklin Stirrup, III system replacement marking, sodding. The project Feb -16 Pavement Rehabilitation MDAD Project Manager also includes runway and taxiway airfield light system 305-876-7922 replacement and upgrades of: conduit, conductor, base cans transformers, grade adjustment, signs, threshold MALSR lighting replacement and maintenance of airfield and landside traffic. Completed Projects Page 5 SECTION 00458 - LIS7 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 -1638 for 61" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 215 STREET Note: Attach additional sheets if required. * * END OF SECTION * * 00458 - List of Subcontractors REV 3-18A.doc 00458-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Streel Resurfacing (SCOP)\t-Admin\Bids\Bid Documents\Master Contract Documents\00458 - List of Subcontractors REV 3-18A.doc Work to be Performed Subcontractor's Name/Address Portion of Work 1 Concrete Flatwork Mosley & Son Construction, Inc. 1400 SE Monterey Rd Stuart, FL 34994 8.9% 2. Drainage g Johnson Davis 604 Hillbrath Dr Lantana, FL 33462 0 ° 3. Electrical National Traffic Control Systems 9250 Belvedere Rd. 'Nest Palm Beach, FL 33441 18.6% 4. Milling South Florida Milling 568 9th Street S. Naples, FL 34102 5.8% 5. Pavement Markings McShea Contracting 508 Owen Ave N. Le'-1igh Acres, FL 33971 3.1% 6. 7. 8. 9. 10. 11. 12. 13. 14. Note: Attach additional sheets if required. * * END OF SECTION * * 00458 - List of Subcontractors REV 3-18A.doc 00458-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Streel Resurfacing (SCOP)\t-Admin\Bids\Bid Documents\Master Contract Documents\00458 - List of Subcontractors REV 3-18A.doc SECTION 00460 - CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned er:tity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Name of Resillan ent: OHL USA,Inc. By: (Authorize ign t r) Manuel Aguiar Title: Vice President Date: 11/10/2021 0)460 - Certification Regarding Prohibition Against Contracting.doc 00460-1 F:\PublicWorksNENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21stStreet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00460 - Certification Regarding Prohibition Against Contracting.doc Indian River County Purchasing Division purchasing@ircgov.com ADDENDUM NO. 1 Issue Date: October 25, 2021 Project Name: 6th Ave Millin; & Resurfacing from US1 to 21St St, IRC -1638 Bid Number: 2022008 Bid Opening Date: November 10, 2021 This addendum is being released to answer quest ons received to date and to provide the minutes and sign in sheet from the non -mandatory pre-bid meeting. 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 may be declared non-responsive. Questions and Answers 1. Which valve boxes are to be adjusted and which are to be replaced. Utilities staff clarified that the Bid item for valve box adjustments are for those boxes outside of the Mill/ Resurface area. The Bid item for valve box replacements are those which are within the Mill/ Resurface area. 2. What is the depth of the water line? The water line depth shall be assumed to be a minimum of 3 feet. Page 1 of 3 4►�ER Board of County Commissioners 1801 27th Street r Vero Beach, Florida 32960-3365 * * Telephone: (772) 567-8000 �'LoRtv�' Fax: (772) 778-9391 PRE-BID MEETING MINUTES 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET IRC -1638 FM No. 438074-1-54-01 October 20, :2021 at 10:00 AM Conference Room Al -303 The following meeting notes set forth our understanding of the discussions and decisions made at the subject meeting. If no objections, questions, additions, or comments are received within 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. This meeting was recorded as part of the project records. Project name 6th Avenue Milling & Resurfacing from U.S. 1/S.R.5, to 211t Street Bid Number 2022008 FM Number 438074-1-54-01 Introductions/Sign In Sheet This is a Pre-bid meeting. Attendance at this conference by all bidders is highly encouraged. Contract details Bid Opening: Wednesday, November 10, 2021 at 2:00 P.M. Contract Time: 150 days to substantial completion 180 days to final completion Estimate: $1,793,854.15 (includes $180,000.00 Force Account) Liquidated Damages: $1,665.00 per day Proiect Consultants Atkins North America, Inc. John H. Wilt, P.E. (Roadway) Paul J. Mannis, P.E. (Signalization) FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US - I to 21st Street Resurfacing (SCOP)U- Admin\MeetingsTreBid\IRC-1638 PREBID MIN 20211020_doc Page 2 of 3 Contacts bidding process All communications concerning this bid shall be d;rected to Indian River County Purchasing Division at ourchasing@ircgov.com Proiect Description The proposed improvements consist of milling and resurfacing the existing asphalt pavement, replacing deficient sidewalk panels, filling in sidewalk gaps and upgrading pedestrian crossings to current FDOT standards. This is an F.D.O.T. Small County Outreach Program (SCOP) funded project, FM No. 438074-1-54- 01. Utilities FP&L NextEra Energy Indian River County Traffic Indian River County Utilities Other Issues • Review and comment with questions and clarifications as soon as possible, no further comments 10 days prior to bid opening (Bid opening is November 10, 2021, deadline is November 1, 2021). • The Notice to Proceed tentative issuance is January 3, 2022 • Maintenance of Traffic: o Contractor shall submit a Maintenance of Traffic Plan to the Traffic Division for approval. The Maintenance of Traffic Plan shall meet the FDOT Index 600, FY 17-18 design standards. Any deviations of the FDOT Index requires a Maintenance of Traffic Plan that is signed and sealed by a Florida P.E. o Access for all businesses and residences shall be maintained at all times. • Sidewalk construction - true 6" thick concrete, 2% max. slope (no tolerance). • Testing by TBD • Work hours are 7:00 AM -5:00 PM, Monday/ -Friday • A hurricane contingency plan must be provided prior to construction in case of a significant tropical/weather event. • Material storage and staging areas. Project Requirements: • Invoicing: Contractor shall submit monthly invoices — one (1) original Contractor's Application for Payment (Section 00622 in Contract Docs), including Surety's Consent and all applicable releases of liens. Project will run through E -Builder project management software. • Contractors must meet deadlines in order to be in compliance. All deadlines are strictly enforced or reimbursements cannot be made. • Summary of required contractor form submittals checklist (Section 200-8 in contract documents). • 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. • Funding for this project is through a State grant. This is a County project but any proposed changes to the project are required to be reviewed by F.D.O.T. for concurrence. The grant is of a reimbursement type which means the County pays the Contractor and the State reimburses the County. F.D.O.T. provides oversight to the project and in addition to other items requiring concurrence by F.D.O.T. are contractual changes, time extensions and weather days. However, it is still a County administered F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US- Ito 21st Street Resurfacing (SCOP)\I- Admin\Meetings\PreBid\IRC-1638 PREBID NIIN 20211020.doc Page 3 of 3 project. Discussion • The Contractor that is awarded the Project bid does not need to purchase the E -Builder software or any licensing. Indian River County has a (.'cense for Contractor use. Any software training that is required by the Contractor will be arranged and provided by Indian River County. • The bid form is included with the bidding documents and is the only form that will be considered acceptable by the County. This is a unit price bid — all unit prices must be completed. • It was asked if clarification can be given on the plans as to which valve boxes are to be adjusted and which are to be replaced. Additionally, what is the depth of the water line. (After the meeting the Engineering staff discussed the matter with the Utilities Department. Utilities staff clarified that the Bid Itemfor valve box adjustments are for those boxes outside of the Mill/Resurface area.. The Bid item for valve box replacements are those which are within the Mill/Resurface area. The water line depth shall be assumed to be a minimum of three feet deep) • Diego Velazquez (F.D. D. T.) restated the grant requirements and emphasized the importance that they be followed throughout the project. • The Project Manager, Rob Skok, will be the point of contact for this project. (This does not include prospective bidders or their interests until after the project has been awarded). • Meeting adjourned. F:Tublic Works\ENGINEERiNG DIVISION PROJECTS\1638 6th Avenue US- Ito 21st Street Resurfacing (SCOP)\1- Admin\Meetings\PreBid\IRC-1638 PREBU) MIN 20211020.doc z I 3 L r V � ` -i Z /D z v o W p orp: am C Lrn �a N 4o CO ' a cmn�=n ZZ cn N Co n D z z G mmm jO �' O CZ) in C7 .� N (V N m .� 717 0 z z= m N F,Z0���m� �0 7 ` WOE I' 1 I I o f xs C Lnr N 4 o z v 1 O 4 a pfi.. v Ln o � 3 P Sl x � a c x m 0 7�J '1 kol to z C _ D m z Z !! 1 c r- m m Z Z� S. O�C, CO al ° �c�Z a- m � � rO O o -n ZZ eY D G7 — GZ m o w n D m V V= N O m Z ?�? a ,+ OZzmm N Z O m —; Z �• Doom D O LA LA m > �` " c.` _ p Ul r = ► N O z v N Gl C �f O e� 6 t h Indian River County Purchasing Division purchasing@ircgov.com ADDENDUM NO. 2 Issue Date: November 2, 2021 Project Name: 6th Ave Milling & Resurfacing from US1 to 211t St, IRC -1638 Bid Number: 2022008 Bid Opening Date: November 10, 2021 This addendum is being released to answer questions received to date. 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 may be declared non-responsive. estions and Answers 1. Is the stamped asphalt one pattern and one color? The stamped asphalt is one color. The pattern is matching existing. Bidders should field verify existing conditions. Product(s) submittals from the bidder awarded the contract will need to be from FDOT Approved Products List (APL). Sheet No. 2, Pay Item Note #4 states Pay Item 337 7 83 shall include cost of stamped asphalt. 2. Can you provide additional information on the number of loops to be replaced on the project as stated on bid item 337 7 83, in note #4 on plan sheet #2. Based on previous discussion with IRC Traffic Operations, none of the existing traffic loops within the project area are being utilized and are not proposed to be replaced. 3. The bid item 570 12 states Bahia sod. However, note #7 on plan sheet 2 states that the Contractor must match existing. Please clarify. The majority of turf is assumed to be Bahia. Bidders are encouraged to field verify existing conditions. Should there be areas of Floratam, St. Augustine, or other ornamental type grass, those area will need to be replaced to match exiting. Any increase of cost should be covered in the line item. 4. Bid item 700 111 is for signs up to 12 SF, has a bid quantity of 1 AS. Plans indicate approx. 20 signs under this item. There are 20 new proposed signs. Updated Itemized Bid Schedule attached Attachments Updated Itemized Bid Schedule ITEMIZED BID SCHEDULE ADDENDUM NO. 2 PROJECT NAME: 6TH AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET PROJECT NO: IRC -1638, BID NO. 2022008, FM NO. 438074-1-54-01 *REVISED 11/2/2021 BIDDER'S NAME: Item No. Description Unit Unit Price Quantity Amount ROADWAY 01011 MOBILIZATION LS 1 01021 MAINTENANCE OF TRAFFIC LS 1 01041 EROSION CONTROL LS 1 0110 1 1 STANDARD CLEARING & GRUBBING AC 13.5 0110410 REMOVAL OF EXISTING CONCRETE PAVEVENT/ REMOVAL OF EXISTING CONCRETE SY 1,220 01201 REGULAR EXCAVATION CY 313 01206 EMBANKMENT CYI 156 01604 STABILIZATION TYPE B SY 20 0286 1 TURNOUT CONSTRUCTION / DRIVEWAY BASE - OPTIONAL MATERIALS SY 20 0327 70 6 MILLING EXISTING ASPHALT PAVEMENT (1-1/2" AVG DEPTH) SY 39,457 0337783 ASPHALTIC CONCRETE FRICTION COURSE (TRAFFIC C) FC 12.5 PG 76-22 TN 4053.2 0400011 CONCRETE CLASS NS, GRAVITY WALL CY 1.33 04256 VALVE BOXES, ADJUST EA 15 0425 15 52 INLET TOP, REPLACE, DITCH BOTTOM INLET EA 1 05151 2 PIPE HANDRAIL - GUIDERAIL, ALUMINUM LF 14 05201 10 CONCRETE CURB & GUTTER, TYPE F LF 879 05222 CONCRETE SIDEWALKS & DRIVEWAYS, 6" THICK (3,000 PSI FIBERMESH REINFORCED) SY 3,158 05272 DETECTABLE WARNINGS SF 948 05701 2 PERFORMANCE TURF, SOD BAHIA Syl 1,533 0630211 CONDUIT, FURNISH & INSTALL, OPEN TRENCH LF 3,044 0630212 CONDUIT, FURNISH & INSTALL, DIRECTIONAL BORE LF 7,870 063271 SIGNAL CABLE - NEW OR RECONSTRUCTED INTERSECTION, FURNISH & INSTALL PI 3 06331 123 FIBER OPTIC CABLE, F&I, UNDERGROUND, 49-96 FIBERS LF 12,918 0635211 PULL & SPLICE BOX, F&I, 13" X 24" COVER SIZE EA 54 00310-3 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 -o 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\Itemized Bid Sctedule ADDEN#2 20211102.xis ITEMIZED BID SCHEDULE ADDENDUM NO. 2 PROJECT NAME: 6TH AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET PROJECT NO: IRC -1638, BID NO. 2022008, FM NO. 438074-1-54-01 *REVISED 11/2/2021 BIDDER'S NAME: Item No. Description Unit Unit Price Quantity Amount 0635212 PULL & SPLICE BOX, F&I, 24" X 36" COVER SIZE EA 25 PULL & SPLICE BOX, F&I, 30" X 60" RECTANGULAR OR 36" 0635213 ROUND COVER SIZE EA 7 06461 11 ALUMINUM SIGNALS POLE, PEDESTAL EA 4 ALUMINUM SIGNALS POLE, FURNISH & INSTALL 06461 12 PEDESTRIAN DETECTOR POST EA 5 06461 60 ALUMINUM SIGNALS POLE, REMOVE EA 4 PEDESTRIAN SIGNAL, FURNISH & INSTALL LED 06531 11 COUNTDOWN, 1 WAY AS 7 PEDESTRIAN SIGNAL, FURNISH & INSTALL LED 06531 12 COUNTDOWN, 2 WAYS AS 4 PEDESTRIAN SIGNAL, REMOVE PED SIGNAL - 06531 60 POLE/PEDESTAL TO REMAIN AS 9 PEDESTRIAN DETECTOR, FURNISH & INSTALL, 0665111 STANDARD EA 15 06651 40 PEDESTRIAN DETECTOR, RELOCATE EAJ 1 PEDESTRIAN DETECTOR, ADJUST/MODIFY ON EXISTING 0665150 POLE EA 1 PEDESTRIAN DETECTOR, REMOVE- POLEiPEDESTAL TO 0665160 REMAIN EA 8 TRAFFIC SIGNAL CONTROLLER CABINET, 06761500 ADJUST/MODIFY EA 3 *0700 1 11 SINGLE POST SIGN, F&I GROUND MOUNT, UP TO 12 SF AS 20 07001 50 SINGLE POST SIGN, RELOCATE AS 6 RAISED PAVEMENT MARKER, TYPE B WITHOUT FINAL 07061 1 SURFACE MARKINGS EA 699 071090 PAINTED PAVEMENT MARKINGS, FINAL SURFACE LS 1 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR 0711 11123 CROSSWALK AND ROUNDABOUT LF 2,894 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR 0711 11125 STOP LINES AND CROSSWALK LF 674 THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR 071111160 SYMBOL EA 71 0711 11170 THERMOPLASTIC, STANDARD, WHITE, ARROWS EA 34 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR 0711 11224 DIAGONALS AND CHEVRONS LF 221 THERMOPLASTIC, STANDARD -OTHER SURFACES, 0711 16101 WHITE, SOLID, 6" GM 3.410 THERMOPLASTIC, OTHER SURFACES, WHITE, SKIP, 6",10- 0711 16131 30 SKIP OR 3-9 LANE DROP GM 0.032 00310-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\Itemized Bid Schedule ADDEN#2 20211102.xls ITEMIZED BID SCHEDULE ADDENDUM NO. 2 PROJECT NAME: 6TH AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET PROJECT NO: IRC -1638, BID NO. 2022008, FM NO. 438074-1-54-01 *REVISED 11/2/2021 BIDDER'S NAME: Item No. Description Unit Unit Price Quantity Amount 0711 16201 THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SOLID, 6" GM 3.444 0711 16231 THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SKIP, 6" GM 0.112 1080 21108 UTILITY FIXTURE, VALVE BOX, FURNISH & INSTALL, 8" EA 41 0999 1 AS BUILT SURVEY BY REGISTERED SURVEYOR LS 1 6th AVENUE MILLING AND RESURFACING FROM U.S. 1/S.R. 5 TO 21st STREET 099925 F FORCE ACCOUNT 180,000.00 TOTAL BID AMOUNT (INCLUDING FORCE ACCOUNT) TOTAL LS=Lump Sum AC=Acre SY=Square Yard CY=Cubic Yard TN=Ton EA=Each LF=Linear Foot SF=Square Foot PI=Per Intersection AS=Assembly GM=Gross Mile 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. ')\1-Admin\Bids\Bid Documents\Master Contract OHL USA, INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 OHL USA, INC. AND SUBSIDIARIES CON-ENTS Independent Auditors' Report Consolidated Financial Statements Paqe 1-2 Consolidated Balance Sheet at December 31, 2020 3-4 Consolidated Statement of Income for the Year Ended December 31, 2020 5 Consolidated Statement of Comprehensive Income for the Year Ended December 31, 2020 6 Consolidated Statement of Changes in Equity for the Year Ended December 31, 2020 7 Consolidated Statement of Cash Flows for the Year Ended December 31, 2020 8-9 Notes to Consolidated Financial Statements 10-37 GRASSI ADVISORS R ACCOUNTANTS INDEPENDENT AUDITORS' REPORT To The Stockholder and Board of Directors OHL USA, Inc. and Subsidiaries College Point, New York We have audited the accompanying consolidated financial statements of OHL USA, Inc. and Subsidiaries, which comprise the consolidated balance sheet at December 31, 2020, and the related consolidated statements of income, comprehensive 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 Financial Statements Management is responsible for the preparation and fair presentation of these consolidated 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 consolidated 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 did not audit the financial statements of OC 405 Partners Joint Venture, a 60% -owned joint venture whose statements reflected total assets constituting 14.1% of the consolidated assets at December 31, 2020 and total revenues constituting 15.3% of consolidated total revenues for the year then ended. Those statements were audited by other auditors, whose report has been furnished to us, and our opinion, insofar as it relates to the amounts included for OC 405 Partners Joint Venture, is based solely on the report of the other auditors. 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 auditor's 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. u MOORE 50 JERICHO QUADRANGLE, STE. 200, JERICHO, NY 11753 AN INDEPENDENT FIRM Pr S1G.336.24S0 • F: 516.256,3510 • GRASSICPAS.COM ASSOCIATED WITH MOORE NEW YORK I NEW JERSEY I MASSACHUSETTS I FLORIDA GLOBAL NETWORK LIMITED Opinion In our opinion, based on our audit and the report of the other auditors, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of OHL USA, Inc. and Subsidiaries at December 31, 2020, and the results of its operations and cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Co,CPAs, P C. GRASSI & CO., CPAs, P.C. Jericho, New York March 18, 2021 2 OHL USA, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEET DECEMBER 31, 2020 ASSETS CURRENT ASSETS: Cash and cash equivalents $ 205,411,107 Restricted cash 5,548,020 Marketable securities 60,154,088 Accounts receivable 2,813,329 Contract receivables 225,816,064 Contract assets 98,045,406 Inventories 2,091,007 Prepaid contract costs 12,516,560 Prepaid expenses and other current assets 9,200,526 Total Current Assets 621,596,107 PROPERTY AND EQUIPMENT, NET 58,415,493 FINANCE LEASE RIGHT -OF -USE ASSETS, NET 6,393,498 OPERATING LEASE RIGHT -OF -USE ASSETS, NET 2,679,069 OTHER ASSETS: Goodwill 69,253,938 Intangible assets 27,097,431 Deferred tax asset 54,583,549 Other assets 300,683 Total Other Assets 151,235,601 $ 840,319,768 The accompanying notes are an integral part of these consolidated financial statements. 3 OHL USA, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEET DECEMBER 31, 2020 LIABILITIES AND EQUITY CURRENT LIABILITIES: Current maturities of long-term debt $ 4,666,120 Current portion of finance lease liabilities 1,834,485 Current portion of operating lease liabilities 2,657,846 Accounts payable 267,807,684 Contract liabilities 202,978,431 Income taxes payable - current 1,610,322 Accrued expenses and other current liabilities 36,587,370 Total Current Liabilities 518,142,258 LONG-TERM LIABILITIES: Long-term debt, less current maturities 4,097,699 Finance lease liabilities, less current portion 2,932,950 Operating lease liabilities, less current portion 1,515,509 Other long-term liabilities 225,947 Total Long -Term Liabilities 8,772,105 COMMITMENTS AND CONTINGENCIES EQUITY: OHL USA, Inc. Equity: Common stock, $0.01 par value; 1,000 shares authorized; 100 shares issued and outstanding 1 Additional paid -in capital 586,090,193 Accumulated deficit (279,533,399) Accumulated other comprehensive income 669,370 Total OHL USA, Inc. Equity 307,226,165 Noncontrolling interest 6,179,240 Total Equity 313,405,405 $ 840,319,768 The accompanying notes are an integral part of these consolidated financial statements. 4 OHL USA, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENT OF INCOME FOR THE YEAR ENDED DECEMBER 31, 2020 CONTRACT REVENUES $ 1,398,634,081 ASPHALT SALES 14,541,393 1,413,175,474 CONTRACT COSTS 1,305,851,175 COST OF ASPHALT SALES 10,861,312 1,316,712,487 GROSS PROFIT 96,462,987 GENERAL AND ADMINISTRATIVE EXPENSES 35,935,989 AMORTIZATION OF GOODWILL AND INTANGIBLE ASSETS 22,259,292 INCOME FROM OPERATIONS 38,267,706 OTHER INCOME (EXPENSE) Interest income 1,190,965 Interest expense (3,153,295) Miscellaneous expense (246,792) Loss on sale of marketable securities (34,338) Gain on foreign currency transactions 4,154,953 Gain on sale of property and equipment 603,723 Total Other Income 2,515,216 INCOME BEFORE PROVISION FOR INCOME TAXES 40,782,922 PROVISION FOR INCOME TAXES 16,172,647 NET INCOME 24,610,275 LESS: NET INCOME ATTRIBUTABLE TO NONCONTROLLING INTEREST 9,758,357 NET INCOME ATTRIBUTABLE TO OHL USA, INC. $ 14,851,918 The accompanying notes are an integral part of these consolidated financial statements. 5 OHL USA, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENT OF COMPREHENSIVE INCOME FOR THE YEAR ENDED DECEMBER 31, 2020 NET INCOME OTHER COMPREHENSIVE INCOME: Unrealized holding gains on marketable securities arising during the year Reclassification adjustment for gain on sale of marketable securities included in net income Total Other Comprehensive Income COMPREHENSIVE INCOME Less: Comprehensive income attributable to the noncontrolling interest COMPREHENSIVE INCOME ATTRIBUTABLE TO OHL USA, INC. $ 24,610,275 662,720 34,338 697,058 25, 307, 333 9,758,357 $ 15,548,976 The accompanying notes are an integral part of these consolidated financial statements. 6 OHL USA, IWC. AND SUBSIDIARIES CONSOLIDATED STATEMENT OF CHANGES IN EQUITY FOR THE YEAR EWCED DECEMBER M. 2020 BALANCE, JANUARY 1, 2020 ADDITIONAL ACQUISITION IN SUBSIDIARY CAPITALIZATION OF DEBT FROM STOCKHOLDER CAPITALIZATION OF PARENPS MNORITY INTEREST IN SUBSIDIARY DISTRIBUTIONS PAID TO NONCONTROWNG INTEREST NET INCOME UNREALIZED HOLDING GAINS ON MARKETABLE SECL RIRES ARISING DURING THE YEAR RECLASSIFICATION ADJUSTMENT FOR GAIN ON SALE OF MARKETABLE SECURITIES INCLUDED IN NET INCOME BALANCE, DECEMBER 31,2020 - 34,338 - 34,331 103 $ 1 $ 586,090,193 $ (279,533,399) $ 669,370 $ 6,179,240 $ 313,405,40'- The 13,405,40° The accompanying notes are an integral par of these consolidated financial statements. 7 Accumulated Other Cunmon Stxk Additional Accumulated Comprehensive Noncontmlfing Shares Amount Paid -in Capital Deficit (Loss) Income Interest Total Eguft ICO $ 1 $ 530,467,598 $ (291,791,399) $ (27,688) $ 19,112,965 $ 257,761,477 - - - (1,307,918) - 1,307,918 - - - 54,336,595 - - - 54,336,595 - - 1286,000 (1286,000) - - - - - - - (24,000,000) (24,000,000) - - - 14,851,918 - 9,758,357 24,610,275 - - - - 662,720 - 662,72) - 34,338 - 34,331 103 $ 1 $ 586,090,193 $ (279,533,399) $ 669,370 $ 6,179,240 $ 313,405,40'- The 13,405,40° The accompanying notes are an integral par of these consolidated financial statements. 7 OHL USA, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2020 CASH FLOWS FROM OPERATING ACTIVITIES: Cash received from construction contracts $ 1,361,512,570 Cash received from asphalt sales 15,219,507 Interest received 1,190,965 Cash Provided By Operating Activities 1,377,923,042 Cash paid for contract costs (1,269,185,006) Cash paid for asphalt costs (10,522,833) Cash paid for general and administrative costs (34,202,050) Income taxes paid (2,349,462) Interest paid (3,153,295) Miscellaneous expense paid (246,792) Cash Disbursed For Operating Activities (1,319,659,438) NET CASH PROVIDED BY OPERATING ACTIVITIES 58,263,604 CASH FLOWS FROM INVESTING ACTIVITIES: Proceeds from sale of marketable securities 34,214,802 Proceeds from sale of property and equipment 2,090,040 Cash Provided By Investing Activities 36,304,842 Purchase of marketable securities (22,473,164) Purchase of property and equipment (8,488,081) Cash Disbursed For Investing Activities (30,961,245) NET CASH PROVIDED BY INVESTING ACTIVITIES 5,343,597 CASH FLOWS FROM FINANCING ACTIVITIES: Principal payments of long-term borrowings (5,484,841) Principal payments of obligations under finance lease (3,272,212) Repayment of note payable - parent, net (15,297,204) Distribution paid to noncontrolling interest (24,000,000) NET CASH USED IN FINANCING ACTIVITIES (48,054,257) NET INCREASE IN CASH, CASH EQUIVALENTS, AND RESTRICTED CASH 15,552,944 CASH, CASH EQUIVALENTS, AND RESTRICTED CASH, BEGINNING OF YEAR 195,406,183 CASH, CASH EQUIVALENTS, AND RESTRICTED CASH, END OF YEAR $ 210,959,127 The accompanying notes are an integral part or these consolidated financial statements. 8 OHL USA, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2020 RECONCILIATION OF NET INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES: NET INCOME $ 24,610,275 ADJUSTMENTS TO RECONCILE NET INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES: Depreciation and amortization 38,852,641 Deferred income taxes 12,469,722 Loss on sale of marketable securities 34,338 Gain on foreign currency transactions (4,154,953) Gain on sale of property and equipment (603,723) Changes in Assets (Increase) Decrease: Accounts receivable 678,114 Contract receivables 39,970,339 Contract assets (30,789,496) Inventories 338,479 Prepaid contract costs 14,230,652 Prepaid expenses and other current assets (3,816,247) Changes in Liabilities Increase (Decrease): Accounts payable 3,947,083 Contract liabilities (46,302,354) Income taxes payable - current 1,610,322 Accrued expenses and other current liabilities 7,188,412 Total Adjustments 33,653,329 NET CASH PROVIDED BY OPERATING ACTIVITIES $ 58,263,604 SCHEDULE OF NONCASH INVESTING AND FINANCING ACTIVITIES: Property and equipment acquired through long-t-Brm financing $ 5,518,733 Operating lease right -of -use asset $ 829,040 Finance lease right -of -use asset $ 4,297,048 Capitalization of debt from stockholder $ 54,336,595 Capitalization of parent's minority interest in subsidiary $ 1,286,000 Additional acquisition in subsidiary $ 1,307,918 The accompanying notes are an integral part of these consolidated financial statements. 9 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 1 - Nature of Operations and Principles of Consolidation Business Activit OHL USA, Inc. ("USA") and its wholly-owned subsidiaries Judlau Contracting, Inc. ("Judlau"), Community Asphalt Corp. ("Community"), OHL Arellano Construction Company ("Arellano"), and OHL Building, Inc. ("Building"), and its 50% -owned joint venture Tully-OHL Joint Venture, LLC, referred to collectively as the "Company," is a wholly-owned subsidiary of Obrascon Huarte Lain Construccion Internacional S.L.U. ("OHL Cl, SLU") a corporation organized under the laws of Spain, which was incorporated under the laws of Delaware for the purpose of engaging in general construction contracts. OHL Cl, SLU is a wholly-owned subsidiary of Obrascon Huarte Lain, S.A. ("OHL S.A."), a corporation organized under the laws of Spain. All USA projects are located throughout the 'United States of America. The Company's work is normally performed under unit -price and fixed-price contracts, the lengths of which vary but typically range from one to four years. Judlau, its 99.9% -owned joint venture Waterworks, a Joint Venture ("Waterworks"), and its 70% -owned joint venture Judlau-TC Electric Joint Venture ("JTC JV"), referred to collectively as "Judlau and JVs," serve as general contractors specializing in transportation projects such as tunneling, subway station construction and rehabilitation, underground tunnel ventilation and pumping facilities, elevated structure rehabilitation, and bridge and roadway reconstruction for governmental owners. Judlau also specializes in underground utility work such as water and sewer main replacement as well as reconstruction of various other utilities such as electrical, communication, steam Ines and manholes. Judlau conducts these projects in the States of New York, Connecticut, Maryland, Massachusetts, Virginia and Illinois. These contracts are undertaken by the Company or in partnership with other contractors through joint ventures. Arellano was incorporated under the lays of the State of Florida in August 1994 for the purpose of performing general construction contracts and supervision services. All projects are located in the State of Florida and Aruba. Building was incorporated under the laws of the State of Florida in May 1995 for the purpose of performing general construction contracts and supervision services. All projects are located in the State of Florida. Community includes the activities of its wholly-owned subsidiaries, Sawgrass Rock Quarry, Inc. ("Sawgrass") and CAC Vero I, LLC ("Vero"). Community is a Florida corporation and operates as a contractor engaged in providing asphalt paving and other road and highway construction services and as a miner, manufacturer, and seller of asphalt and asphalt -related products. Substantially all construction projects are located in South and Central Florida. Sawgrass is a Florida corporation that owns the land from which Community mines and extracts aggregate materials for its operations. Vero is a Florida limited liability company and owns an asphalt plant site. W OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 1 - Nature of Operations and Principles of --onsolidation (cont'd.) Business Activitv (cont'd In March 2010, USA entered into a joint venture agreement with Tully Construction Co., Inc. to form Tully-OHL Joint Venture, LLC ("Tally"). The purpose of the joint venture is to perform a contract for the New York City Economic Development Corporation ("EDC") for the replacement of existing water siphons between the boroughs of Brooklyn and Staten Island, Contract No. 22560002 (the "Contract") On March 15, 2011, USA and Tully Construction Co., Inc. entered into an agreement which superseded the joint venture agreement. Under the terms of said agreement, USA was appointed the managing member of the joint venture and is fully and solely empowered to represent and bind the joint venture. In accordance with Financial Accounting Standards Board ("FASB") Accounting Standards Codification ("ASC") Topic 810, Consolidation, USA has analyzed its relationship with its joint venture, Tully, and determined it is a variable interest entity and USA is the primary beneficiary. USA is the primary beneficiary of Tully because USA has the power to direct the activities of Tully that most significantly impact Tully's economic performance. Those activities include USA being solely responsible for the performance and completion of the Contract. Tully Construction Co., Inc. remains obligated under the payment and performance bonds. Therefore, USA has consolidated Tully's net assets in these consolidated financial statements. At December 31, 2020, the total assets and liabilities of Tully were approximately $1,363,000 and $1,353,000, respectively. For the year ended December 31, 2020, revenues and costs of Tully were approximately $377,000 and 8377,000, respectively. Principles of Consolidation The accompanying consolidated financial statements include the accounts of the wholly- owned subsidiaries of the Company, and the accounts of the variable interest entity for which the Company is the primary beneficiary. All intercompany balances and transactions have been eliminated in the consolidated financial statements. Additionally, the Company includes the accounts of the unconsolidated joint ventures on a proportionate consolidation basis (see Note 10). 11 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 2 - Summary of Siqnificant Accounting Policies Revenue and Cost Recoqnition The Company recognized its revenue in accordance with FASB ASC Topic 606, Revenue from Contracts with Customers ("ASC 606'x. The guidance affects any entity that either enters into contracts with customers to transfer goods or services or enters into contracts for the transfer of nonfinancial assets unless those contracts are within the scope of other standards. ASC 606 provides that an entity should recognize revenue to depict the transfer of promised goods or services to customers in an amount that reflects the consideration to which the entity expects to be entitled in exchange for those goods or services. An entity should apply the following five-step process to recognize revenue: (1) Identify the contract with a customer; (2) Identify the performance obligations in the contract; (3) Determine the transaction price; (4) Allocate the transaction price to the performance obligations in the contract; and (5) Recognize revenue when (or as) the entity satisfies a performance obligation. Construction Contracts Revenues on construction contracts are recognized over time, as performance obligations are satisfied, due to the continuous transfer of control to the customer. The customer typically controls the asset under construction, as evidenced either by contractual termination clauses or by the Company's rights to payment for work performed on the asset under construction that does not have an alternative use to the Company. The Company's construction contracts are generally accounted for as a single performance obligation, since the Company is providing a significant service of integrating components into a single project. The Company recognizes revenue with an "input method" using the percentage of completion method, whereby progress towards completion is recognized according to the percentage of incurred costs to estimated total costs. This method best depicts the transfer of control to the customer, which occurs as the Company incurs costs on its contracts. Incurred costs represent work performed, which corresponds with and thereby best depicts the transfer of control to the customer. Because the Company almost always acts as a principal in the construction contracts, gross revenues are recognized. The Company is considered the principal because the Company controls the contractually specified goods and services before they are transferred to the customer. Revenues on uninstalled materials are recognized when control is transferred to the customer. Under certain circumstances (e.g., transfe} of control occurs significantly before services are provided, the cost of the material is significant), revenue on certain uninstalled third -party materials is recognized when the cost is incurred; however, profit is not recognized until the material is ultimately installed in the project. 12 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 2 - Summary of Significant Accounting Policies (cont'd.) Revenue and Cost Recognition (cont'd.) Contracts for Sale of Goods Community also recognizes revenues for the sale of goods at a point in time, following the transfer of control of the goods to the customer, which typically occurs upon delivery of the goods to the customer. Revenues from the sale of goods, net of cash discounts plus sales tax, are included in sales revenues. Community sells aggregate asphalt, mixed asphalt and liquid material to customers on location at Community's asphalt plants, which are located in West Palm Beach, Miami -Dade and Vero Beach. Payment from the customer is due as the material is delivered, by cash, credit card or certified checks, and includes sales tax which is assessed and recorded at the time of the sale. Practical Expedients and Exemptions The Company utilizes certain practical expedients and exemptions as follows: In cases where the Company has an unconditional right to consideration from a customer in an amount that corresponds directly with the value of the performance completed to date, the Company recognizes revenue in the amount to which there is a right to invoice for services performed. The contract price is not adjusted For the effects of a significant financing component if the Company expects, at contract inception, that the period between when the Company transfers a service to a customer and when the customer pays for that service will be one year or less. Incremental customer contract acquisition costs are expensed as they are incurred when the amortization period is less than one year. Contract Assets and Liabilities Billing practices are governed by the contract terms of each project based upon costs incurred, achievement of milestones, or predetermined schedules. Billings do not necessarily correlate with revenue recognized over time using the percentage -of -completion method. Contract assets include unbilled amounts typically resulting from revenue under long-term contracts when the percentage -of -completion method of revenue recognition is utilized and revenue recognition exceeds the amount billed to the customer. Contract liabilities consist of advance payments and billings in excess of revenue recognized as well as deferred revenue and accrued losses on uncompleted contracts. The Company's contract assets and liabilities are reported in a net position on a contract -by - contract basis at the end of each reporting period. In accordance with normal construction industry practice, the Company includes in current assets and current liabilities amounts relating to construction contracts realizable and payable over a period in excess of one year. 13 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 2 - Summary of Significant Accounting Policies (cont'd.) Revenue and Cost Recognition (cont'd.) Contract Assets and Liabilities (cont'd.) The opening and closing balance of contract receivables, contract assets, and contract liabilities from contracts with customers are as follows: Contrac- Receivables, Net Balance, January 1, 2020 $ 265,7E6,403 Balance, December 31, 2020 $ 225,816,064 Contract Contract Assets Liabilities $ 67,255,910 $ 249,280,785 $ 98,045,406 $ 202,978,431 Revenues transferred at a point in time and over time are as follows: Services transferred over time $ 1,398,634,081 Services transferred at a point in time 14,541,393 Total Revenues Earned $ 1,413,175,474 Combining Contracts The Company evaluates whether two or more contracts, with the same customer, should be combined and accounted for as a single contract and whether a single or combined contract should be accounted for as more than one performance obligation. This evaluation requires significant judgment and could change the amount of revenue and profit recorded in each period. Performance Obligations Generally, the Company's contracts contain one performance obligation. A performance obligation is a promise in a contract to transfer a distinct good or service to the customer and is the unit of account. The Company's performance of the contracts with customers typically provides a significant service of integrating a complex set of tasks and components into a single project or capability (even if that single project results in the delivery of multiple units), and as such, the entire contract is accounted for as one performance obligation. The transaction price is allocated to the performance obligation and recognized as revenue when, or as, the performance obligation is satisfied with the continuous transfer of control to the customer. Less commonly, a contract may be considered to have multiple performance obligations even when they are part of a single contract. For contracts with multiple performance obligations, the Company allocates the transaction price to each performance obligation using the best estimate of the standalone selling price of each distinct good or service in the contract. 14 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 2 - Summary of Significant Accounting Policies (cont'd. Revenue and Cost Recoanition (cont'd.) Transaction Price The transaction price is the amount of consideration to which the Company expects to be entitled in exchange for transferring goods and services to the customer. The consideration promised in a contract with customers may include both fixed and variable amounts to the extent that a significant reversal of cumulative revenue recognized will not occur when the uncertainty associated with the variable consideration is subsequently resolved (i.e., probable and estimable). Variable Consideration The nature of the Company's contracts gives rise to several types of variable consideration, including claims, bonuses, incentives and/or penalties and liquidating damages. The Company includes in the contract estimates additional revenue for variable consideration when the Company believes it has an enforceable right to the modification, the amount can be estimated reliably, and it is probable that a significant reversal of cumulative revenue recognized will not occur when the uncertainty associated with the variable consideration is resolved. The Company uses the expected value (i.e., the sum of a probability -weighted amount) or the most likely amount method, whichever is expected to better predict the amount. These estimates are based on management's assessment of legal enforceability, Company performance, and all information (historical, current, and forecasted) that is reasonably available to the Company. Contract Modifications Contract modifications are routine in the performance of the Company's contracts. Contracts are often modified to account for changes it the contract specifications or requirements. In most instances, contract modifications are for goods or services that are not distinct, and therefore, are accounted for as part of the existing contract. The Company accounts for contract modifications as a separate contract when the modification results in the promise to deliver additional goods or services that are distinct and the increase in price of the contract is for the same amount as the standalone selling price of the additional goods or services included in the modification. Cost Recognition Contract costs include all direct material and labor costs and all other direct and indirect costs related to contract performance. General and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Costs incurred that do not contribute to satisfying performance obligations are excluded from the cost input calculation as these amounts are not reflective of transferring control to the customer. Costs are generally recognized as incurred. Under certain circumstances, costs incurred in the period related to future activity of the contract or costs that benefit the entire performance obligation (fulfillment costs) may be capitalized. 15 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 2 - Summary of Significant Accounting Policies (cont'd.) Revenue and Cost Recognition (cont'd.) Changes in Contract Performance Changes in job performance, job conditions and estimated profitability, including those arising from settlements, may result in revisions to costs and income and are recognized in the period in which the revisions are determined. The Company recognizes adjustments in estimated profit on contracts under the cumulative catch-up method. Under this method, the impact of the adjustment on profit recorded to date is recognized in the period the adjustment is identified. Revenue and profit in future periods of contract performance are recognized using the adjusted estimate. Because of the inherent uncertainty in estimating the costs to complete on contracts in process, it is at least reasonably possible that the estimates used will change in the near term. Economic Factors Type of customers - The Company performs contracts with governmental agencies, public sector works, hospitality, educational, residential, and industrial agencies. Geographical location of customers - The customers and contracts are mainly from the States of New York, California, Texas, Illinois, and Florida. Type of contracts - Construction work is performed under unit -price and fixed-price contracts. These contracts are undertaken by the Company or in partnership with other contractors through joint ventures. The length of the contracts varies but typically ranges from one to four years. Foreign Currency Transactions A change in exchange rates between the functional currency and the currency in which a transaction is denominated increases or decreases the expected amount of functional currency cash flows upon settlement of the transaction. That increase or decrease in expected functional currency cash flows is a foreign currency transaction gain or loss that is included in net income or loss for the period in which the exchange rate changes. At each balance sheet date, recorded balances that are denominated in a currency other than the functional currency of the recording entity shall be adjusted to reflect the current exchange rate. 16 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 2 - Summary of Significant Accounting Policies (cont'd.) Fair Value Measurement Fair value is defined as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. To increase the comparability of fair value measurements, a framework for measuring fair value is used which 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 1) and the lowest priority to unobservable inputs (Level 3). Valuation techniques maximize the use of relevant observable inputs and minimize the use of unobservable inputs. The three levels of the fair value hierarchy under FASB ASC Topic 820, Fair Value Measurement, are described as follows: Level 1 - Valuations based on quoted prices for identical assets and liabilities in active markets. Level 2 - Valuations based on observable inputs other than quoted prices included in Level 1, such as quoted prices for similar assets or liabilities in active markets, quoted prices for identical or similar assets and liabilities in markets that are not active, or other inputs that are observable or can be corroborated by observable market data. Level 3 - Valuations based on unobservable inputs reflecting the Company's own assumptions, consistent with reasonably available assumptions made by other market participants. These valuations require sign°ficant judgment. Refer to Note 5 for assets measured at fair value in accordance with FASB ASC Topic 820. Use of Estimates The preparation of consolidated financial statements in conformity with accounting principles generally accepted in the United States of America ("U.S. GAAP") requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the consolidated financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Cash, Cash Equivalents, and Restricted Cash The Company considers securities purchased with initial maturities of three months or less to be cash equivalents. At December 31, 2020, $5,548,020 is held on ceposit with financial institutions and is pledged as collateral in connection with the Company's insurance policies for workers' compensation, general, and automobile liability. 17 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 2 - Summary of Significant Accountinq Policies (cont'd.) Cash, Cash Equivalents, and Restricted Cash (cont'd.) Cash and cash equivalents $ 205,411,107 Restricted cash 5,548,020 Total cash, cash equivalents and restricted cash shown in the consolidated statement of cash flows $ 210,959,127 Marketable Securities The Company determines the cost of marketable debt securities by using the specific identification method for purposes of calculating realized gains or losses. Marketable debt securities - available for sale are recorded at fair value, with the unrealized appreciation or depreciation in their fair value being recognized as a component of accumulated other comprehensive income or loss. Marketable debt securities - held to maturity are recorded at amortized cost, adjusted for the amortization or accretion of premiums or discounts. A decline in the market value of any held -to -maturity marketable debt security below cost that is deemed to be other -than -temporary results in an impairment to reduce the carrying amount to fair value. The Company did not record any impairment during the year ended December 31, 2020. Accounts Receivable The Company carries its accounts receivable at cost less an allowance for doubtful accounts. The Company estimates the allowance for doubtful accounts based upon a review of outstanding receivables and historical collection information by customer. Normally, accounts receivable are due within 30 days after the date of the invoice. Receivables more than 90 days old are considered past due. Accounts receivable are written off when they are determined to be uncollectible. The Company does not accrue interest on past due receivables. At December 31, 2020, there is no allowance for doubtful accounts. Contract Receivables The Company carries its contract receivab,es at cost less an allowance for doubtful accounts. The Company estimates the allowance for doubtful accounts based upon a review of outstanding receivables and historical collection information by customer. Normally, contract receivables are due within 30 days after t'ne date of the requisition. Contract retentions are generally due within 30 days after completion of the project and acceptance by the owner. Where the contract provides for guarantee retainage provisions, such retainage is generally due within one year of completion and acceptance of the project. Receivables more than 90 days old are considered past due. Contract receivables are written off when they are determined to be uncollectible. The Company does not accrue interest on past due receivables. Under the typical contract provisions for the Company, payment of retainage is only subject to the passage of time, so the Company includes unbilled retainage in accounts receivable during performance on contracts even though the amount may be subject to refund in the future. 18 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 2 - Summary of Significant Accounting Policies (cont'd.) Inventories Inventories are valued at the lower of cost or net realizable value, with cost determined using the first -in, first -out method and with market defined as the net realizable value. Net realizable value is the estimated selling prices in the ordinary course of business, less reasonably predictable costs of completion, disposal, and transportation. Inventories consist of asphalts, diesel fuels, rocks, and shop supplies. Property and Equipment Property and equipment is stated at cost. The costs of additions and betterments are capitalized and expenditures for repairs and maintenance are expensed in the period incurred. When items of property and equipment are sold or retired, the related costs and accumulated depreciation are removed from the accounts and any gain or loss is included in income. Depreciation of property and equipment is provided utilizing both the straight-line and accelerated methods over the estimated useful lives of the respective assets as follows: Building and building improvements 15 to 40 years Transportation equipment 3 to 12 years Machinery and equipment 3 to 15 years Furniture and fixtures 3 to 10 years Office and computer equipment 3 to 10 years Leasehold improvements are amortized over the lesser of the term of the lease or the estimated useful lives of the assets. The Company reviews the carrying value of the long-lived assets to determine if facts and circumstances exist which would suggest that the assets might be impaired. If impairment is indicated, an adjustment will be made to reduce the carrying amount of the long-lived assets to their fair value. Based on the Company's review at December 31, 2020, no impairment of long-lived assets was evident. Investment in Joint Ventures The Company accounts for its investment in its unconsolidated joint ventures on the proportionate consolidation method in accordance with FASB ASC Subtopic 810-10-45, Consolidation. Under the proportionate consolidation method, the Company presents its proportionate share of the unconsolidated joint ventures' assets, liabilities, revenues and expenses on a line -by-line basis and combines the amounts directly with its own assets, liabilities, revenues, and expenses without distinguishing between the amounts related to the Company and those held directly by the joint venture. 19 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 2 - Summary of Significant Accounting Policies (cont'd.) Goodwill and Intanaible Assets Goodwill is recorded when the cost of acquired businesses exceeds the fair value of the identifiable net assets acquired. In order to alleviate the cost and complexities associated with the goodwill impairment assessment under FASB ASC Topic 350, USA and Community elected to amortize the net book value of goodwill and test goodwill for impairment on an entity -wide basis rather than at a reporting unit level. The net book value of goodwill acquired will be amortized on a straight-line basis over a useful life of ten years. Goodwill of the entity shall be tested for impairment when events occur or circumstances change that would more likely than not reduce the fair value of the entity below its carrying amount. These events are termed triggering events. If USA and Community determine that there are no triggering events, further testing is unnecessary. No triggering events occurred during the year ended December 31, 2020. In accordance with FASB ASC Subtopic 350-30, Intangibles - Goodwill and Other, the Company reviews intangible assets with an indefinite life for impairment at least annually or more frequently if events or changes in circumstances indicate that the asset might be impaired. In accordance with FASB ASC Subtopic 360-10, Impairment or Disposal of Long - Lived Assets, the Company reviews intangible assets subject to amortization for impairment whenever events or changes in circumstances indicate that its carrying amount may not be recoverable. Recoverability of long-lived assets is measured by comparing the carrying amount of the asset or asset group to the undiscounted cash flows that the asset or asset group is expected to generate. If the undiscounted cash flows of such assets are less than the carrying amount, the impairment to be recognized is measured by the amount by which the carrying amount, if any, exceeds its fair value. No impairment was deemed to exist at December 31, 2020. Noncontrollina Interest The Company follows the accounting and reporting standards for the noncontrolling interest in its consolidated joint ventures in accordance with FASB ASC Subtopic 810-10-65. For joint ventures that are consolidated, 100% of the balance sheet and income statement is consolidated with the Company. The joint venture partners' portion of equity and net income is then reported as noncontrolling interest. 20 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 2 - Summary of Significant Accountinq Policies (cont'd.) As of January 1, 2019, the Company has early adopted and recognizes leases under FASB Accounting Standards Update ("ASU") No. 2016-02, Leases (Topic 842) ("ASC 842"). The new guidance requires the recognition of right -of -use assets and lease liabilities on the balance sheet for leases with terms greater than 12 months or leases that contain a purchase option that is reasonably certain to be exercised. Lessees are now required to classify leases as either finance or operating. The classifications will determine whether lease expense is recognized based on an effective interest method or on a straight-line basis over the term of the lease. The Company elected to utilize the package of practical expedients in FASB ASC Subtopic 842-10-65-1(f) that, upon adoption of ASG 842, allows entities to (1) not reassess whether any expired or existing contracts are or contain leases, (2) retain the classification of leases (operating or finance) existing as of the date of adoption, and (3) not reassess initial direct costs for any existing leases. Long-term leases (leases with terms greater than 12 months) are recorded on the balance sheet at the present value of the minimum lease payments not yet paid. The Company uses its incremental borrowing rate to determine the present value of the lease when the rate implicit in the lease is not readily determinable. Certain lease contracts contain nonlease components such as maintenance, utilities, fuel and operator services. The Company has made an accounting policy election, as a:lowed under FASB ASC Subtopic 842-10-15-37, to capitalize both the lease component and nonlease components of its contracts as a single lease component for all of its right -of -use assets. Short-term leases (leases with an initial term of 12 months or less or leases that are cancelable by the lessee and lessor without significant penalties) are not recorded on the balance sheet and are expensed on a straight-line basis over the lease term. The majority of the Company's short-term leases relate to equipment used on construction projects. These leases are entered into at agreed-upon hourly, daily, weekly, or monthly rental rates for an unspecified duration and typically have a termination for convenience provision. Such equipment leases are considered short-term in nature unless it is reasonably certain that the equipment will be leased for a term greate- than 12 months. 21 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 2 - Summary of Significant Accountinq Policies (cont'd.) Income Taxes The Company provides for the tax effects of transactions reported in the consolidated financial statements. Income taxes consist of taxes currently due plus deferred taxes related primarily to the differences between the financial and tax bases of long-term construction contracts, property and equipment, net operating loss carryforwards, insurance reserves, related party interest expense, allowance for doubtful accounts, amortization of intangibles and goodwill, and foreign currency exchange. The accompanying provision for income taxes represents federal, state and local taxes. The deferred tax asset or liability, as applicable, represents the future tax return consequences of those differences, which will either be deductible or taxable when the asset or liability is recovered or settled. The Company evaluates the recoverability of deferred tax assets and establishes a valuation allowance when it is more likely than not that some portion or all of the deferred tax assets will not be realized. Pension and Profit Sharina Plans The Company maintains a profit sharing plan for all eligible employees with a minimum of one year of service. Employer contributions are determined by an annual resolution of the Board of Directors and cannot exceed 15% of eligible compensation. The Company also has a qualified 401(k) deferred compensation plan, which provides that eligible employees may defer payment of taxes on a portion of thei.- salary by making contributions to the plan through payroll deductions. The Company's contribution to these plans was approximately $3,638,000 for the year ended December 31, 2020, of which $2,996,000 is allocated to contract costs. Union employees are covered by collectivsly bargained employee benefit plans under which the Company makes contributions on a monthly basis based upon hours worked. New Accountina Pronouncements ASU No. 2016-03 In June 2016, the FASB issued ASU No. 2016-13, Financial Instruments - Credit Losses (Topic 326): Measurement of Credit Losses on Financial Instruments. This ASU modifies the measurement of expected credit losses on certain financial instruments. The ASU broadens the information that an entity must consider in developing its expected credit loss estimate to include such factors as current market conditions. Under current guidance, recognition of the full amount of credit losses generally is delayed until the loss is probable of occurring. The amendments in ASU No. 2016-13 are effective for nonpublic entities for fiscal years beginning after December 15, 2022, and interim periods within that year, based on the update in ASU No. 2019-10 to defer the implementation date. The amendments in this ASU may be early -adopted. The Company has not yet determined if this ASU will have a material effect on its consolidated financial statements. 22 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMEER 31, 2020 Note 3 - Concentration of Credit Risk The Company maintains cash balances in several financial institutions, which balances are insured by the Federal Deposit Insurance Corporation ("FDIC") for up to $250,000 per institution. From time to time, the Company's balances may exceed these limits. Note 4 - Marketable Securities Marketable debt securities were valued using Level 2 inputs consisting of quoted market prices of identical securities. At December 31, 2020, marketable debt securities consisted of: • Municipal bonds - state are issued by the States of New York and California. • Municipal bonds - local are issue~ by localities within the States of New York and California. Marketable debt securities - available for sale: Municipal Bonds - Local Municipal Bonds - State Marketable debt securities - held to maturity: Municipal Bonds - Local Carrying Amortized Unrealized Value Cost Gain $ 33,478,963 $ 32,851,689 $ 627,274 707,942 665,846 42,096 34,186,905 33,517,535 669,370 25,967,183 25,967,183 $ 60,154,088 $ 59,484,718 $ 669,370 Municipal bonds have various maturity dates ranging from January 2021 to August 2042, with interest rates ranging from 0.00% to 5.421lo per annum. At December 31, 2020, the Company has pledged approximately $40,826,000 of its marketable debt securities in lieu of retainage relating to certain completed and uncompleted contracts. The Company does not expect approximately $21,896,000 of these municipal bonds to be released within one year. Note 5 - Fair Value Measurements The following is a description of the valuation methodologies used for assets measured at fair value. There have been no changes in methodologies used at December 31, 2020. The fair value of municipal bonds is estinated using recently executed transactions, market price quotations and pricing models that factor in, where applicable, interest rates, bond or credit default swap spreads and volatility. Municipal bonds are generally categorized in Level 2 of the fair value hierarchy. 23 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 5 - Fair Value Measurements (cont'd.) The following table presents the Company's assets that are measured at fair value on a recurring basis at December 31, 2020: Total Level Level Level Marketable debt securities - available for sale: Municipal Bonds - Local $ 59,443,146 $ - $ 59,446,146 $ - Municipal Bonds - State 707,942 - 707,942 - $ 60,154,088 $ - $ 60,154,088 $ - Note 6 - Contract Receivables Contract receivables, net are summarized as follows: BILLED: Completed contracts $ 11,830,027 Contracts in process 127,313,071 Retainage 88,402,660 227,545,758 Less: Allowance for doubtful accounts 1,729,694 $ 225,816,064 Included in contract receivables is approximately $32,178,000 of retainage which is not expected to be collected within one year. Note 7 - Prepaid Contract Costs Prepaid contract costs at December 31, 202C are summarized as follows: Prepaid bond costs $ 7,446,770 Prepaid mobilization 2,822,035 Prepaid stored materials 2,247,755 Total Prepaid Contract Costs $ 12,516,560 24 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 8 - Contract Assets and Contract Liabilities Information with respect to contract assets and contract liabilities on uncompleted contracts at December 31, 2020 is as follows: Contract costs incurred Estimated earnings Less: Billings to date $ 4,973,437,693 144, 888,404 5,118,326,097 5,228,901,776 $ (110,575,679) Included in the accompanying consolidated balance sheet as contract assets and contract liabilities: Costs and estimated earnings in excess of billings on uncompleted contracts $ 92,402,752 Unbilled receivables 5,642,654 Total Contract Assets $ 98,045,406 Billings in excess of costs and estimated earnings on uncompleted contracts $ (202,978,431) Total Contract Liabilities $ (202,978,431) In determination of the contract price on various projects in process at December 31, 2020, there is approximately $50,176,000 of pending change orders. The costs relating to these pending change orders have already been incurred by the Company. The pending change orders are being negotiated by the Company with the contract owners. The Company believes this amount will be fully approved and collected, but it is at least reasonably possible that this estimate will change in the near term. 25 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 9 - Leases The Company's right -of -use assets and lease liabilities primarily relate to office space, office equipment, and equipment used in connection with long-term construction contracts. Lease components in the Company's lease contracts are accounted for following the guidance in ASC 842 for the capitalization of long-term leases. At December 31, 2020, the lease liability is equal to the present value of the remaining lease payments, discounted using the incremental borrowing rate on the Company's secured debt using a single maturity discount rate as it is not materially different than the discount rates applied to each of the leases in the portfolio. The components of lease cost for the year ended December 31, 2020 are as follows: Finance lease cost: Amortization of right -of -use assets Interest on lease Total finance lease cost Operating lease cost Total lease cost Other information: Cash paid for amounts included in lease liabilities: Operating cash flows from operating leases Financing cash flows from finance leases Total cash paid Right -of -use assets obtained in exchange for new finance lease liabilities Right -of -use assets obtained in exchange for new operating lease liabilities Weighted -average remaining lease term - finance leases Weighted -average remaining lease term - operating leases Weighted -average discount rate - finance leases Weighted -average discount rate - operating leases K10 $ 1,683,708 245,941 1,929,649 5,619,112 $ 7,548,761 $ 5,469,103 3,272,212 $ 8,741,315 $ 4,297,048 $ 829,040 2.45 years 1.89 years 4.23% 3.51% OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 9 - Leases (cont'd.) Total remaining lease payments under the Company's leases are as follows: Years Ending December 31: 2021 2022 2023 2024 2025 Total undiscounted cash flows Less: Imputed interest Lease Payment Liabilities Note 10 - Investment in Unconsolidated Joint Ventures Finance Leases $ 2,004,971 1,967,435 892,794 238,904 17,340 5,121,444 Operating Leases $ 2,722,595 1,092,995 468,007 52,799 36,973 4,373,369 354,009 200,014 $ 4,767,435 $ 4,173,355 USA, in the normal course of business, has entered into a joint venture partnership, OHL/Posillico/SELI Overseas, Joint Venture, which is unconsolidated. The joint venture agreement, which requires the participants to contribute additional capital as needed, provides that USA will receive from the joint venture its proportionate share of profits and, losses realized from the contracts. USA's ownership and profit and loss percentage in OHL/Posillico/SELI Overseas, Joint Venture is 40% and is accounted for under the proportionate consolidation method for both the balance sheet and statement of income. USA, in the normal course of business, has entered into a joint venture partnership, OC 405 Partners Joint Venture, which is unconsclidated. The joint venture agreement, which requires the participants to contribute additional capital as needed, provides that USA will receive from the joint venture its proportionate share of profits and losses realized from the contracts. USA's ownership and profit and loss percentage in OC 405 Partners Joint Venture is 60% and is accounted for under the proportionate consolidation method for both the balance sheet and statement of income. Judlau, in the normal course of business, has entered into the following four joint venture partnerships which are unconsolidated: JTJ Contracting, Judlau White, a Joint Venture, Ave Z Constructors - A JV, and Judlau - S&J, a Joint Venture. The joint venture agreements, which require the participants to contribute additional capital as needed, provide that Judlau will receive from the joint ventures its proportionate share of profits and losses realized from the contracts. 27 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 10 - Investment in Unconsolidated Joint Ventures cont'd. Judlau's ownership and profit and loss percentage in JTJ Contracting is 40% and is accounted for under the proportionate consolidation method for both the balance sheet and statement of income. The joint venture partners of JTJ Contracting are companies under common management. Judlau's ownership and profit and loss percentage in Judlau White, a Joint Venture is 50% and is accounted for under the proportiorVate consolidation method for both the balance sheet and statement of income. Judlau's ownership and profit and loss percentage in Ave Z Constructors - A JV is 50% and is accounted for under the proportionate consolidation method for both the balance sheet and statement of income. Judlau's ownership and profit and loss percentage in Judlau - S&J, a Joint Venture is 70% and is accounted for under the proportionate consolidation method for both the balance sheet and statement of income. Community, in the normal course of business, has entered into an unconsolidated joint venture partnership, Community/Condotte/De Moya JV ("CCDM JV"). The joint venture agreement, which requires the participants to contribute additional capital as needed, provides that Community will receive from the joint venture its proportionate share of profits and losses realized from the contracts. Community's ownership and profit and loss percentage in CCDM JV is 50% and is accounted for under the proportionate consolidation method for both the balance sheet and statement of income. The unconsolidated joint ventures are variable interest entities of USA, Judlau and Community; however, USA, Judlau and Community are not the primary beneficiaries as they do not have the power to solely direct the activities of the joint ventures that most significantly impact their economic performance. Power is shared equally between USA, Judlau and Community and their respective joint venture partners as to management oversight and decision making. Circumstances that could lead to a loss under these arrangements beyond USA's, Judlau's and Community's proportionate share include a partner's inability to contribute additional funds to the joint ventures in the event the project incurs a loss, or additional costs that USA, Judlau and Community could incur should a partner fail to provide services and resources toward the project's completion that had been committed to in the joint venture agreement. 28 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 10 - Investment in Unconsolidated Joint Ventures (cont'd.) Summarized combined financial information for OHL/Posillico/SELI Overseas, Joint Venture, OC 405 Partners Joint Venture, JTJ Contracting, Judlau White, a Joint Venture, Ave Z Constructors - A JV, Judlau - S&J, a Joint Venture, and CCDM JV, accounted for on the proportionate consolidation method at December 31, 2020 and for the year then ended, is presented as follows: Current assets Property and equipment, net Total Assets Less: Total liabilities Net Assets Operations for the year: Revenue Cost Net Income Total 229,508,040 32,701,565 262,209,605 Proportionate Share $ 122,035,859 18,497, 564 140,533,423 194, 403, 391 102, 349, 883 $ 67,806,214 $ 38,183,540 $ 490,874,876 $ 264,110,021 457,467,714 244,871,341 $ 33,407,162 $ 19,238,680 In addition, USA, Judlau and Community fulfill certain joint venture contractual obligations and are reimbursed for all related costs incurred. Note 11 - Related Party Transactions The Company's bonding facility with its surety is supported by the Company's parent. The parent has issued letters of credit for the benefit of the Company's surety. 29 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 12 - Property and Equipment Property and equipment, net is summarized as follows: Land Building and building improvements Transportation equipment Machinery and equipment Furniture and fixtures Office and computer equipment Leasehold improvements Less: Accumulated depreciation and amortization $ 5,670,979 13,595,954 19,019,053 121,606,285 4,373,989 590,641 3,172,012 168,028,913 109,613,420 $ 58,415,493 Depreciation and amortization expense related to property and equipment amounted to $14,909,641 for the year ended December 31, 2020, of which $13,432,564 is included in contract costs. Note 13 - Goodwill Amortization expense related to goodwill was $17,332,485 for the year ended December 31, 2020, and accumulated amortization totaled $104,070,891 at December 31, 2020. Future goodwill amortization is as follows: Years Endina December 31: 2021 2022 2023 2024 30 $ 17,332,483 17, 332,483 17,315,964 17,273,008 $ 69,253,938 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 14 - Intangible Assets Amortization expense related to intangible assets was $4,926,807 for the year ended December 31, 2020, and accumulated amortization totaled $49,268,415 at December 31, 2020. Remaining Amortization Gross Carrying Accumulated Net Carrying Period Amount Amortization Amount Customer list 5.5 Years $ 76,3615,846 $ 49,268,415 $ 27,097,431 Future intangible asset amortization is as follows: Years Endina December 31: 2021 $ 4,927,000 2022 4,927,000 2023 4,927,000 2024 4,927,000 2025 4,927,000 Thereafter 2,462,431 $ 27,097,431 Note 15 - Lines of Credit - Parent USA entered into a line of credit with its parent company, OHL Cl, SLU with a credit limit of $280,849,964, in addition to a $15,000,000 equipment line. The main line of credit bears interest at 5.28%, and the equipment lire bears interest at 3.73%. Effective December 24, 2020, the parent company recapitalized the $54,336,595 outstanding debt balance at that date by converting the debt to capital. At December 31, 2020, there was no outstanding balance on either line of credit. Note 16 - Lines of Credit Pursuant to an arrangement with a financial institution, Judlau may borrow up to $35,000,000 under a line of credit, with a sublimit of $20,000,000 for standby letters of credit (see Note 19). Interest is payable at either the bank's prime rate (3.25% at December 31, 2020) or 1.75% above the one-, three-, or six-month LIBOR rate (for a combined rate of 1.90%, 1.98%, or 2.01%, respectively, at December 31, 2020). The line expires on March 31, 2021 and is secured by substantially all of Judlau's assets. The line is subject to maintenance of certain minimum financial conditions determined solely by the financial institution. At December 31, 2020, there were no outstanding borrowings against the line. 31 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 16 - Lines of Credit (cont'd.) In addition, Judlau has an additional line of credit agreement with a second financial institution. Judlau can borrow up to $20,000,000 under this line of credit, with a sublimit of $5,000,000 for standby letters of credit (see Note 19). Interest is payable at either the bank's prime rate (3.25% at December 31, 2020) or 1.75% above the one-month LIBOR rate (for a combined rate of 1.90% at December 31, 2020). The line of credit expires on December 31, 2021 and is secured by substantially all of Judlau's assets. The line is subject to maintenance of certain minimum financial conditions determined solely by the financial institution. At December 31, 2020, there were no outstarding borrowings against the line. Borrowings on the above two lines of credit are subject to an intercreditor agreement entered into by the two financial institutions. Note 17 - Long -Term Debt Long-term debt is summarized as follows: Installment loans payable in equal monthly installments ranging from $467 to $60,259, including interest ranging from 0% to 9.76% per annum, through various periods from March 2021 to July 2024, secured by related equipment with a net value of $12,456,000. $ 8,763,819 Less: Current maturities Long -Term Debt Aggregate maturities of long-term debt are as follows: Years Endina December 31: 2021 2022 2023 2024 Note 18 - Accounts Payable 4.666.120 $ 4,097,699 $ 4,666,120 3,106,522 978,178 12,999 $ 8,763,819 Accounts payable includes amounts due to subcontractors totaling approximately $65,065,000 at December 31, 2020, which has been retained pending completion and customer acceptance of jobs. At December 31, 2020, approximately $21,557,000 is not expected to be paid within one year. 32 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 19 - Contingencies The Company is contingently liable to its surety under a general indemnity agreement. Under this agreement, the Company agrees to indemnify the surety for any payments made on its behalf. The Company believes that all contingent liabilities will be satisfied by its performance on the specific contracts covered by the ag-eement. The Company is involved in various legal proceedings and litigation arising in the ordinary course of business. The Company intends to vigorously dispute liability for the various claims. It is too early to determine whether the out:;ome of such proceedings and litigation will have a material adverse effect on the Company's consolidated financial statements. The Company has letters of credit outstanding aggregating $15,994,396 for the benefit of its insurance carriers. The letters of credit are in varying amounts. The letters of credit expire at varying times through December 2023. The letters of credit have not been drawn upon at December 31, 2020. The Company make contributions to union -administered defined benefit pension plans under collectively bargained agreements. If the Company were to withdraw from any of these plans or should any of the plans be terminated, the Company could be liable for a proportionate share of the unfunded actuarial present value of plan benefits at the date of withdrawal or termination. The amount of the potential impact to the Company of such unfunded liability is not known. The Company is self-insured for losses and liabilities related to medical insurance claims up to a predetermined amount, above which th_rd-party insurance applies. Losses are accrued at the maximum potential loss exposure based on the Company's predetermined amount set forth in the medical insurance plan. It is a least reasonably possible that these estimates will change in the near term. At December 31, 2020, the Company's medical insurance accrual was approximately $1,872,000 and is included in accrued expenses and other current liabilities in the accompanying consolidated balance sheet. Community is partially self-insured for workers' compensation, general liability and automobile claims up to $250,000 per occurrence, subject to an annual aggregate limitation of $4,000,000 during the year ended December 31, 2020. Claims over $250,000 per occurrence or aggregating in excess of the correspondirg annual aggregate limitation per year are covered by a stop -loss insurance policy. Community assumes the risk under these insurance policies for claims less than $250,000. Insurance losses for claims use historical experience and certain actuarial assumptions followed in the insurance industry. The estimate of the insurance liability includes an estimate of incurred, but not reported claims based on data compiled from historical experience. Clair -is paid are charged against the accrued insurance losses. Accrued insurance reserves at December 31, 2020 totaled $3,215,238, which is included in accrued expenses and other current liabilities in the accompanying consolidated balance sheet. 33 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 19 - Contingencies (cont'd.) On March 11, 2020, the World Health Organization declared the outbreak of a strain of coronavirus disease ("COVID-19") to be a pandemic. The COVID-19 outbreak in the United States of America has resulted in temporary shutdowns of work sites mandated by state and local governments. The Company is dependent upon its workforce and its subconsultants to deliver its services. In response to COVID-19, the Company implemented new protocols to promote social distancing and enhance health and safety measures on its projects and in its offices to conform to regulatory authorities, which has affected the Company's operations and resulted in increases in operating expenses during the period. The length of the pandemic and future impact of COVID-19 on the Company's operations and financial performance are unknown at this time. Note 20 - Multiemployer Plans USA and Judlau contribute to a number of multiemployer defined benefit pension plans under the terms of collective-bargaining agreements that cover its union -represented employees. The risks of participating in these multiemployer plans are different from single -employer plans in the following aspects: a. Assets contributed to a multiemployer plan by one employer may be used to provide benefits to employees of other participating employers. b. If a participating employer stops contrsbuting to a plan, the unfunded obligations of the plan may be borne by the remaining participating employers. c. If USA and Judlau choose to stop participating in some of their multiemployer plans, USA and Judlau may be required to pay those plans an amount based on the underfunded status of the plan, referred to as a withdrawal liability. USA's and Judlau's participation in these plans for the annual period ended December 31, 2020, is outlined in the table below. The "EIN/Pension Plan Number" column provides the Employer Identification Number ("EIN") and the three -digit plan number, if applicable. Unless otherwise noted, the most recent Pension Protection Act ("PPA") zone status available in 2020 is for the plan's year-end at December 31, 2019. The zone status is based on information that USA and Judlau received from the plan and is certified by the plan's actuary. Among other factors, plans in the red zone are generally less than 65 percent funded, plans in the yellow zone are 65 percent to 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 financial improvement plan ("FIP") or a rehabilitation plan ("RP") is either pending or has been implemented. The last column lists the expiration dates of the collective-bargaining agreements to which the plans are subject. Finally, there have been no significant changes that affect the comparability of 2019 and 2020 contributions. 34 OHL USA, INC. A'1D SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 20 - Multiemployer Plans (cont'd.) Note 21 - Provision For Income Taxes The provision for income taxes is summarized as follows: Current: Federal, state and local Deferred: Federal, state and local 35 $ 3,702,925 12,469,722 $ 16,172,647 Expiration Date Fension FIP/RP Status Contributions for the of Collective - EIW Pension Plan Protection Pct Pending / Year Ended December Surcharge Bargaining Pension Fund Number Zone Status Implemented 31, 2020 Imposed Ppreement i. Operating Engineers 12 / 12B 95-6032478 Red- as of June Yes $ 955,677 Yes 6/30/2022 30.2019 ii. Laborers 300-1309 95-0684559 Green - as of No 1,667,320 No 6/30/2022 June 30, 2020 iii. Pavers and Road Builders District Council Pension Fund 13-1990171-074 Green No 915,859 No 6/30/2021 iv. Excavators Union Local 731 Pension Fund 13-1809825-002 Green No 3,198,218 No 4/30/2022 v. New York District Council of Carpenters Pension Plan 51-0174276-001 Green - as of No 1,074,013 No 5/31/2021 June 20, 2019 vi. Int'I Union of Oper. Eng. - Chicago 36-6140097-001 Greer - as of No 1,033,854 No 5/31/2021 Nbrcn 31, 2020 vii. Laborers - Chicago 36-2514514-002 Green - as of No 1,896,881 No 5/31/2021 Vee 31, 2019 viii. Iron Workers Locals 40, 361, & 417 51-6102576 Green No 1,449,213 No 6/30/2021 Pension Fund ix. Chicago Regional Council of 36-613207 Greer - as of No 1,171,238 No 6/30/2021 Carpenters June 30, 2020 x. I.B.E.W, Local Union 363 Pension 51-6041173 '/allow Yes 1,345,664 No 11/30/2021 A Local 282 Pension Trust Fund 11-6245313-001 Greer. - as of No 900,964 No 6/30/2021 Fet nary 28, 2020 A. New York State teamsters Conference 16-6063585 Red Yes 900,965 No 4/30/2022 Pension & Retirement Plan xiii. Other funds 2,821,029 $ 19,330,895 Note 21 - Provision For Income Taxes The provision for income taxes is summarized as follows: Current: Federal, state and local Deferred: Federal, state and local 35 $ 3,702,925 12,469,722 $ 16,172,647 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 21 - Provision For Income Taxes (cont'd.) The net deferred tax asset includes the fol'owing components: Deferred tax asset $ 66,419,541 Deferred tax liabilities (11,835,992) Valuation allowance - Net deferred tax asset $ 54,583,549 The Company has net operating loss carryforwards of approximately $299,052,000 for federal, state and local purposes, which is available to offset future taxable income, if any, and expires in years ranging from 2031 through 2038. FASB ASC Subtopic 740-10 requires a ,.more likely than not" criterion be applied when evaluating the realizability of a deferred tax asset. Management expects to generate sufficient taxable income in the future to utilize the deferred tax assets. The Company files income tax returns in the U.S. in federal and various state and local jurisdictions. With few exceptions, the Company is no longer subject to U.S. federal, state or local tax examinations by taxing authorities for years before 2017. The years 2017 to 2019 remain subject to examination by taxing authorities. The provision for income taxes differs from the provision that would result from applying statutory rates due to the permanent book to tax differences relating to amortization expense. Note 22 - Change in Estimate During the year ended December 31, 2020, the Company had a decrease in estimated profit on contracts, which resulted in a current period decrease in net income of approximately $8,159,000, net of income taxes of approximately $3,840,000. The decrease would have been reported in the preceding period had the decrease in estimated profit been known at that time. Revisions in estimated profits are made m the period in which circumstances requiring the revision become known. 36 OHL USA, INC. AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS DECEMBER 31, 2020 Note 23 - Backlog The following schedule is a reconciliation of backlog representing signed contracts at December 31, 2020: Balance, December 31, 2019 $ 2,220,653,168 Contract adjustments 173,390,611 New contracts - year ended December 31, 2020 1,125,320,706 3,519,364,485 Less: Contract revenues 1,398,634,081 Balance, December 31, 2020 $ 2,120,730,404 In addition, subsequent to December 31, 2020, the Company entered into additional construction contracts with estimated revenues of approximately $1,777,000 and was also awarded additional construction contracts with estimated revenues of approximately $261,426,000. Remaining construction performance obligations represent the remaining transaction price, including variable consideration not constrained, for which work has not been performed. As of December 31, 2020, the aggregate amount of the transaction price allocated to remaining performance obligations was $2,120,730,404. The Company expects to recognize revenue on approximately 60% of the remaining performance obligations over the next 12 months, with the remaining balance recognized thereafter. Note 24 - Subsequent Events The Company has evaluated all events or transactions that occurred after December 31, 2020 through March 18, 2021, which is the date that the consolidated financial statements were available to be issued. During this period, here were no material subsequent events requiring disclosure. 37 BOARD OF COUNTY COMMISSIONERS January 11, 2022 via Email OHL USA, Inc. Attn: Manuel Aguiar 9675 NW 117th Avenue Miami, FL 33178 Manuel.Aguiar@ohla-usa.com NOTICE OF AWARD Reference: Indian River County Bid No. 2022008 6"' Avenue Milling & Resurfacing from U.S. 1/S.R. to 21s' Street Dear Mr. Aguiar: It is my pleasure to inform you that on January 11, 2022 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 ($2,309,154.91). 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. ►, TZ 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 January 26, 2022. 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, C41_6+ "I� Jenniferriyde Purchasing Manager Cc: Project Manager Office of Management and Budget • Purchasing Division 1800 27th Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140 E-mail: purchasing@ircgov.com SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Paqe ARTICLE1 - WORK........................................................................................................................... 2 ARTICLE 2 - THE PROJECT............................................................................................................. 2 ARTICLE3 — ENGINEER................................................................................................................... 2 ARTICLE 4 - CONTRACT TIMES.....................................................................................................2 ARTICLE5 - CONTRACT PRICE..................................................................................................... 3 ARTICLE 6 - PAYMENT PROCEDURES......................................................................................... 3 ARTICLE 7 - INDEMNIFICATION................................................................................................... 4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS.................................................................. 5 ARTICLE 9 - CONTRACT DOCUMENTS........................................................................................ 6 ARTICLE 10 - MISCELLANEOUS.................................................................................................... 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI 00520 - Agreement (Public Works) REV 9-2020 00520-1 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing IRG1638\00520 -Agreement (Public Works) REV 9-2020.doc 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 unser the Laws of the State of Florida, (hereinafter called OWNER) and OHL USA, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed improvements consist of milling and resurfacing the existing asphalt pavement, replacing deficient sidewalk panels, filling in sidewalk gaps and upgrading pedestrian crossings to current FDOT standards. This is an F.D.O. T. Small County Outreach Program (SCOP) funded project, FM No. 438074- 1-54-01. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET County Project Number: IRC -1638 FM Number: 438074-1-54-01 Bid Number: 2022008 Project Address: 6th Avenue from U.S. 1/S.R. 5 to 21St Street, Vero Beach, Florida 32960 and 32962 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 ir. the Contract Documents are of the essence of the Contract. 00520 - Agreement (Public Works) REV 9-2020 00520-2 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing IRC -1638\00520 -Agreement (Public Works) REV 9-2020.doc 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 150th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 180th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal ,proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,665.00 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 cirrent funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.8, 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: $ 2,309,154.91 Written Amount: Two million, three hundred nine thousand, one hundred fifty-four dollars and ninety one cents ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments 00520 - Agreement (Public Works) REV 9-2020 00520-3 R: Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing IRC -1638\00520 - Agreement (Public Works) REV 9-2020.doc 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%) 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 the General Conditions to the Construction Contract. 7.02 "To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify and hold harmless the Recipient and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor or consultant and persons employed or utilized by the contractor or consultant in the performance of this Agreement." 00520 - Agreement (Public Works) REV 9-2020 00520-4 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing IRC -1638`C0520 - Agreement (Public Works) REV 9-2020.doc ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing sur`ace or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which ;elate 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 the Work. 00520 - Agreement (Public Works) REV 9-2020 00520-5 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing IRC -1638`,00520 -Agreement (Public Works) REV 9-2020.doc 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 tc 00520-9, inclusive); 2. Notice to Proceed (page 00550-1 ; 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completicn (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-44, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet and sheets numbered 1 through 55, inclusive, with each sheet bearing the following general title: 6T" AVENUE RESURFACING and sheets numbered TT=1 through T-10, inclusive with each sheet bearing the following general title: 6T" AVENUE RESURFACING; 13. Addenda (if applicable 1-2 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 15. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive); 00520 - Agreement (Public Works) REV 9-2020 00520-6 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing IRC -1638\00520 - Agreement (Public Works) REV 9-2020.doc 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 2g458-_1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree 00520 - Agreement (Public Works) REV 9-2020 00520-7 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Aye Resurfacing IRC -1638\00520 -Agreement (Public Works) REV 9-2020.doc that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not cisclosed 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(a-ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 00520 - Agreement (Public Works) REV 9-2020 00520-8 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing IRC -163800520 - Agreement (Public Works) REV 9-2020.doc 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] 00520 - Agreement (Public Works) REV 9-2020 00520 - 9 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing IRC -1638\00520 -Agreement (Public Works) REV 9-2020.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on January 11, 2022 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: By: NTY Peter D. O'Bryan,'Ch Jason F. Drown, Cou`nf'y'Administrator APPROVEDL-`AS TOF AND EGA.L SUFFIC By: f j; Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Att s i ay/=& - 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: USA Inr By: -- Do -&d Hickey(Contractor) Executive Vice President 4 . (CORPORATE SEAL) Attest Address for giving notices: Congency Global Inc 115 North Calhoun St., Ste 4 Tallahassee. FL 32301 License No. 98-041222 (Where applicable) Agent for service of process: Same as above Designated Representative: Name: Donald Hickey Title: Executive Vice President Address: 9675 N.W. 117th Avenue, Suite 108 Miami, �-L 33178 Phone: (786) 418-3556 Facsimile (772) 770-3707 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 00520 - Agreement (Public Works) REV 9-2020 00520-10 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing :RC -1638\00520 -Agreement (Public Works) REV 9-2020.doc 1 W t .� Jason F. Drown, Cou`nf'y'Administrator APPROVEDL-`AS TOF AND EGA.L SUFFIC By: f j; Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Att s i ay/=& - 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: USA Inr By: -- Do -&d Hickey(Contractor) Executive Vice President 4 . (CORPORATE SEAL) Attest Address for giving notices: Congency Global Inc 115 North Calhoun St., Ste 4 Tallahassee. FL 32301 License No. 98-041222 (Where applicable) Agent for service of process: Same as above Designated Representative: Name: Donald Hickey Title: Executive Vice President Address: 9675 N.W. 117th Avenue, Suite 108 Miami, �-L 33178 Phone: (786) 418-3556 Facsimile (772) 770-3707 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 00520 - Agreement (Public Works) REV 9-2020 00520-10 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing :RC -1638\00520 -Agreement (Public Works) REV 9-2020.doc * * END OF SECTION * * 00520 - Agreement (Public Works) REV 9-2020 00520-11 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing IRC -1638\00520 - Agreement (Public Works) REV 9-2020.doc SECTION 00550 - Notice to Proceed TO: `BIDDER) ADDRESS: Dated Contract For: 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET Project No: IRC -1638 FM Number: 438074-1-54-01 IRC Bid No. 2022008 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 150 calendar days for Substantial Completion of this project and 180 calendar days for Final Completion. In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) M INDIAN RIVER COUNTY (OWNER) (AUTHORIZED SIGNATURE) (TITLE) 00550 - Notice to Proceed REV 1-4-11.doc 00550-1 FAPubhc Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Stree- Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00550 - Notice to Proceed REV 1-4-11.doc 00610 - Public Construction Bond.doc F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00610 - Public Construction Bond.doc • JILVLLVVVJJVO I RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT Public Work INDIAN RIVER COUNTY FL F.S. Chapter 255.05 (1)(a) BK: 3506 PG: 104 Page 1 of 4 1/26/2022 3:35 PM Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 015216592 CONTRACTOR NAME: OHLA USA, Inc CONTRACTOR ADDRESS: 2975 Industrial Blvd Vero Beach, FL 32967 CONTRACTOR PHONE NO: (786) 418-3557 SURETY COMPANY NAME: Liberty Mutual Insurance Company SURETY PRINCIPAL 175 Berkeley Street BUSINESS ADDRESS: Boston, MA 02116 SURETY PHONE NO: (516) 387-1170 OWNER NAME: Indian River County OWNER ADDRESS: 1800 27th Street Vero Beach, FL 32960 OWNER PHONE NO: (772) 226-1416 OBLIGEE NAME: Board of County Commissioners, Indian River County, Florida (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: 1800 27th Street Vero Beach, FL 3296C OBLIGEE PHONE NO: (772) 226-1416 BOND AMOUNT: $2,309,154.91 CONTRACT NO: IRC - 1638 (If applicable) DESCRIPTION OF WORK: Indian River County Bid. No. 2022008 Project consist of milling a_ -id resurfacing the existing asphalt pavement, replacing deficient sidewalk panels, filling in sidewalk gaps and upgrading pedestrian crossings to current FDOT standards. PROJECT LOCATION: 6th Avenue Milling & Resurfacing from U.S. 1/S.R. to 21st Street LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. 00610-2 00610 - Public Construction Bond.doc F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00610 - Public Construction Bond.doc air PUBLIC CONSTRUCTION BOND Bond No. 015216592 (enter bond number) BY THIS BOND, We OHLA USA. INC as Principal ancd Board of County ommissiorers, Liberty Mutual Insurance Company a corporation, as Surety, are bound to lnriian River (:niFlorida herein called Owner, in the sum of $2,309,154.91 , 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 date, 2022 , between Principal and Owner for construction of 6th Avenue Milling & Res urfacing from V.S. 1/S.R. to 21st St., the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON 01/19/2022, 00610 - 3 Z Cremtkvr K-ce i%cr dcr)t Liberty Mutual Insurance Company (Name of Surety) Bim— Michael Marino, Attorney -In -Fact 00610 - Public Construction Bond.doc F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1- Admin\Bids\Bid Documents\Master Contract Documents\00610 - Puolic Construction Bond.doc This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company Certificate No: 8204466 - 985164 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Andrea E. Gorbert, Kevin T. Walsh, Jr., Michael Marino all of the city of Jericho state of NY each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been du'y signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of November , 2020 Liberty Mutual Insurance Company INSu o 111f INS&,p tNsu b The Ohio Casualty Insurance Company j2c0 '14r, ynm 2ooaPORtT9y� V 2coaPO"tvToPn West American Insurance Company rn 1912 0 1919 1991 0 ui >s yo O mE 0/7 YdsSSA CHU`�� .aa ti0 c�A MP`�a �a tis rNDIANt' .da3 E C) N David M. Carey, Assistant Secretary Cr i m State of PENNSYLVANIA ss I m County of MONTGOMERYo E (D On this 9th day of November 2020 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance c�) m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes E therein contained by signing on behalf of the corporations by himself as a duly authorized oficer. 3 icc _'a I N 1 � IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. A N 5p, PAST Q, NW F COMMONWEALTH OF PENNSYLVANIA Fq� �� � a= y Notarial Seal OF Teresa Pastella, Rotary Public Upper Merton Twp., Mcntgomery County By: P My Commission Expires March 28, 2021 eresa Pastella q� __ gip, Member, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Insurance Company, and West American Insurance Company which resolutions are now in ull force and effect reading as follows: Ohio Casualty Insurance Company, Liberty Mutual ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizanoes and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the Fresident or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or tie president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws cf the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of January , 2022 . P� tNSUR9 P��Y INSUp 1NSURy J =coavoRylQyORt Q 3°°RaoR,yT�o 2Ct v VL 01 1912 01919�o Q 1991 0 _. ��9SSgcHue��aa y0 S�NAMes� aaS� �s NDIANP aa$ By. Renee C. Llewellyn, Assistant Y , Secretary LMS -12873 LMIC OCIC WAIC Multi Co 8/20 T� CD Fa 0 N Q O O 0 N a> Go O Cl) a� 00 c� cc -93 Liberty Mutual SURETY LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT — DECEMBER 31, 2020 Assets Cash and Bank Deposits ......................................... $2,058,007,542 *Bonds — U.S Government ..................................... 2,209,760,437 *Other Bonds............................................................ 15,902,755,586 *Stocks ..................................................................... 18,517,107,230 Real Estate.............................................................. 193,169,809 Agents' Balances or Uncollected Premiums........... 6,970,170,469 Accrued Interest and Rents ..................................... 118,399,147 Other Admitted Assets ............................................ 12,079,597,645 Total Admitted Assets ..................................... SSR,04R,967,R(�� Liabilities Unearned Premiums ................................................ $8,448,706,991 Reserve for Claims and Claims Expense ................. 23,879,216,613 Funds Held Under Reinsurance Treaties ................. 343,068,613 Reserve for Dividends to Policyholders .................. 1,192,716 Additional Statutory Reserve .................................. 77,397,000 Reserve for Commissions, Taxes and Other Liabilities ................................................ 6,279,510,804 Total................................................................. $39,029,092,737 Special Surplus Funds ................. $178,155,102 Capital Stock ............................... 10,000,075 Paid in Surplus ............................ 10,945,045,214 Unassigned Surplus ..................... 7,886,674,737 Surplus to Policyholders .................................19,019,875,128 Total Liabilities and Surplus................................S_5R,04R,967_R65 ,-oavoR,T ti� F * Bonds are stated at amortized or investment value; Stocks at Association Market Values. 1912 a The foregoing financial information is taken from Liberty Mutual Insurance Company's financial CH��2 statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLA7EWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2020, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 251 day of March, 2021. Assistant Secretary S-1262LMIC/a 3/21 OHLUSAI-01 ELITZ A��Ro CERTIFICATE OF LIABILITY INSURANCE DATE(M /202YYY) v2s2o22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH:`S CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT OHL Certificates American Global LLC 390 North Broadway 3rd Floor PHONEFAX (AIC, No, Ext): (516) 387-1170 AIC, No): E-MAILD SS, OHLCertificates@americanglobal.com Jericho, NY 11753 VTC2K-CO-7K03062A-IND-21 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Company 25658 EACH OCCURRENCE $ 2,000,000 INSURED INSURER B: Charter Oak Fire Insurance Company 25615 OHLA USA, Inc. 9675 N. W. 117th Avenue INSURER C: Sutle 108 INSURER D: INSURER E: Miami, FL 33178 INSURER F: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [X] FRO [7 LOC COVERAGES CERTIFICATE NUMBER: RFVIsInN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM CR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBERPOLICY EFF M 1 D! POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAItv1 S -MADE OCCUR X Contractual Liab X VTC2K-CO-7K03062A-IND-21 12/31!2021 12/31/2022 EACH OCCURRENCE $ 2,000,000 PREMISES Ee occu � nce $ 500'000 MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [X] FRO [7 LOC GENERAL AGGREGATE $ 4,000,000 4,000,000 PRODUCTS-COMP/OPAGG $ $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,0�)O Ea accident $ IxANY AUTO SCHEDULED ATOSONLY AUTOS X VTC2JCAP-7K030631JND-21 12/31/2021 12/31/2022 BODILY INJURY Per rson $ BODILY INJURY Per accident $ HIRED X NON-OaVNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accitlent $ UMBRELLA LIABOCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS -MADE AGGREGATE DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PXCLUDED XECUTIVE YIN (MandaOFFICEtory In ER EXCLUDED? (Mandatory In and If yes, describe under DESCRIPTION OF OPERATIONS below NIA UB - 4R50 1 67 5 -2 1-25-D 12/31/2021 12/31/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,OOb E.L. DISEASE - POLICY LIMIT $ 1,000,0010 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Project Number IRC -1638 Project Name: 6th Avenue Milling & Resurfacing From U.S. 1/S.R. to 21st Street Project Address: 6th Avenue From U.S. 1 /S.R. 5 to 21st Street Vero Beach, Florida 32960 and 62962 Indian River County is listed as Additional Insured in accordance with the policy and provisions of the General Liability and Auto Liability Policies. Indian River County 1801 27th Street Vero Beach, FL 32960 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SECTION 00622 - Contractor's Application for Payment 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET Application for Payment No. For Work Accomplished Brough the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Project No.: IRC -1638 Bid No.: 2022008 FM No.:, 438074-1-54-01 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): % of completed Work: % of retainage: $ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the urdersigned 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 it accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is fo• a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622 - Contractor's Application for Payment - 03-10 rev.doc 00622-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev.doc 2. Updated Construction Schedule per Specification Section 01310. Dated M Page 2 of 5 (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title STATE OF FLORIDA (Affix Corporate SEAL) COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this day of , 20 Notary Public, State of My Commission Expires: Please remit payment to: Contractor's Name: Address: [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03-10 rev.doc OC622 - 2 F:\PubljcWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st S'.reet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev.doc 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 SLRETY: Attest: Secretary Corporate Surety Business Address BY: Print Name: Title: (Affix Corporate SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this day of 20 Notary Public, State of _ My Commission Expires: [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03-10 rev.doc 00322-3 F.\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev.doc 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] 00622 - Contractor's Application for Payment - 03-10 rev.doc C0622 - 4 F:\Public Works\ENGI NEE RING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev.doc 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): 00622-5 00622 - Contractor's Application for Payment - 03-10 rev.doc F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\t-Admin\Bids\Bid Documents\Master Contract Documents\00622 - Contractor's Application for Payment - 03-10 rev. doc PROJECT NAME: 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET Project No. IRC -1638 Payment Application No. WORK COMPLETED F.\Public Works\ENGINEERING DIVISION PROJECTS\1638 611, Avenue US -1 to 21st S1— R— 1—, (SCOP)\1-Admin\Bids\Bid D1M11Mz\Muter COMratt DocprneMs\00622-Confrattor'z Application (or PaymeM Spreadzh,e Eaample.doc SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % BALANCE TO MATERIALS FINISH Item No. Description Unit Quantity Unit Price Amount QUANTITY TOTAL QUANTITY TOTAL QUANTITY TOTAL STORED QUANTITY TOTAL SUBTOTAL SUBTOTAL 0.00 0.00 0.00 0.00 0.00 0.00 FORCE ACCOUNT 1 LS GF.AND TOTAL TOTAL 0.00 M 0 rn N N AMOUNT COMPLETED TO DATE $0.00 MATERIALS STORED TO DATE $0.00 SUB -TOTAL MATERIALS STORED AND COMPLETED TO DATE 50.00 RETAINAGE AT 5% 50.00 TOTAL COMPLETED AND STORED LESS RETAINAGE 50.00 LESS PREVIOUS PAYMENT 50.00 AMOUNT DUE CONTRACTOR 50.00 F.\Public Works\ENGINEERING DIVISION PROJECTS\1638 611, Avenue US -1 to 21st S1— R— 1—, (SCOP)\1-Admin\Bids\Bid D1M11Mz\Muter COMratt DocprneMs\00622-Confrattor'z Application (or PaymeM Spreadzh,e Eaample.doc SECTION 00630 - Certificate of Substantial Completion Date of Issuance: 20 OWNER: CONTRACTOR: CONTRACT FOR Project No.: OWNER's Bid No. Project Description Indian River County 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21 ST STREET IRC -1638 2022008 The proposed improvements consist of milling and resurfacing the existing asphalt pavement, replacing deficient sidewalk panels filling in sidewalk gaps and upgrading pedestrian crossings to current FDOT standards. This is an F.D.O. T. Small County Outreach Program (SCOP) funded project. FM No. 438074-1-54-01. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: And To: OWNER CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within calendar days of the above date of Substantial Completion. 00630 - Certificate of Substantial Completion REV 04-07.doc 00630-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Str-et Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00630 - Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantia/ 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: (Date). ENGINEER: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER: INDIAN RIVER COUNTY M (Authorized Signature) * * END OF SECTION * * 00630 - Certificate of Substantial Completion REV 04-07.doc 00630-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Str-et Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00630 - Certificate of Substantial Completion REV 04-07.doc SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21 ST STREET PROJECT NO: IRC -1638 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 ccntracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 00632-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1 -Ad min\Bids\Bid Documents\Master Contract Documents\00632 - Contractor's Final Certification REV 04-07.doc 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. (Contractor) M STATE OF COUNTY OF (Corporate Seal) Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of , 20 , by (name of oerson making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or El who has produced as identification. + + END OF SECTION + + 00632-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00632 - Contractor's Final Certification REV 04-07.doc SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER'S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: (Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project: PROJECT NAME: 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21 ST STREET PROJECT # IRC -1638 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) 00634 - Professional Surveyor and Mapper's Cert.doc 00634-1 F:\PublieWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Steet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00634 - Professional Surveyor and Mappers Cert.doc Rev. 06/01 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETa OF CIVIL ENGINEERS This document has beer approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consultirg Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.................................................................................................... 5 1.01 Defined Terms.................................................................................................................................. 5 1.02 Terminology......................................................................................................................................7 ARTICLE 2 - PRELIMINARY MATTERS..................................................................................................................... 8 2.01 Delivery of Bonds............................................................................................................................. 8 2.02 Copies of Documents....................................................................................................................... 8 2.03 Commencement of Contract Times; Notice to Proceed................................................................. 8 2.04 Starting the Work.............................................................................................................................. 8 2.05 Before Starting Construction............................................................................................................ 8 2.06 Preconstruction Conference........................................................................................................... 9 2.07 Initial Acceptance of Schedules....................................................................................................... 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE............................................................... 9 3.01 Intent................................................................................................................................................. 9 3.02 Reference Standards.......................................................................................................................10 3.03 Reporting and Resolving Discrepancies.........................................................................................10 3.04 Amending and Supplementing Contract Documents......................................................................10 3.05 Reuse of Documents........................................................................................................................10 ARTICLE 4 - AVAILABILITY OF LANDS. SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCEPOINTS.............................................................................................................................11 4.01 Availability of Lands..........................................................................................................................11 4.02 Subsurface and Physical Conditions ...............................................................................................11 4.03 Differing Subsurface or Physical Conditions...................................................................................11 4.04 Underground Facilities.....................................................................................................................12 4.05 Reference Points..............................................................................................................................13 4.06 Hazardous Environmental Condition at Site...................................................................................13 ARTICLE 5 - BONDS AND INSURANCE....................................................................................................................14 5.01 Performance, Payment, and Other Bonds......................................................................................14 5.02 Licensed Sureties and Insurers......................................................................................................15 5.03 Certificates of Insurance..................................................................................................................15 5.04 CONTRACTOR's Liability Insurance...............................................................................................15 5.05 OWNER's Liability Insurance...........................................................................................................16 5.06 Property Insurance...........................................................................................................................16 5.07 Waiver of Rights...............................................................................................................................17 5.08 Receipt and Application of Insurance Proceeds.............................................................................18 5.09 Acceptance of Bonds and Insurance; Option to Replace...............................................................18 5.10 Partial Utilization, Acknowledgment of Property Insurer.................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES................................................................................................18 6.01 Supervision and Superintendence...................................................................................................18 6.02 Labor, Working Hours......................................................................................................................19 6.03 Services, Materials, and Equipment................................................................................................19 6.04 Progress Schedule...........................................................................................................................19 6.05 Substitutes and "Or-Equals".............................................................................................................19 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................... 21 00700 - General Conditions REV 5-10-13.doc 00700-2 F:\Pablic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -I to 21st S-reet Resurfa�ng (SCOP)\I-Adnun\Bids\Bid Doctrments\Mmter Contract Documents\00700 - General Conditions REV 5-10-13.doc 6.07 Patent Fees and Royalties............................................................................................................... 22 6.08 Permits..............................................................................................................................................22 6.09 Laws and Regulations...................................................................................................................... 22 6.10 Taxes................................................................................................................................................ 22 6.11 Use of Site and Other Areas............................................................................................................23 6.12 Record Documents........................................................................................................................... 23 6.13 Safety and Protection....................................................................................................................... 23 6.14 Safety Representative......................................................................................................................24 6.15 Hazard Communication Programs.................................................................................................. 24 6.16 Emergencies.....................................................................................................................................24 6.17 Shop Drawings and Samples.......................................................................................................... 24 6.18 Continuing the Work.......................................................................................................................... 25 6.19'CONTRACTOR's General Warranty and Guarantee..................................................................... 25 6.20 Indemnification................................................................................................................................. 26 ARTICLE7 - OTHER WORK...................................................................................................................................... 27 7.01 Related Work at Site........................................................................................................................ 27 7.02 Coordination..................................................................................................................................... 27 ARTICLE 8 - OWNER'S RESPONSIBILITIES............................................................................................................ 27 8.01 Communications to Contractor........................................................................................................ 27 8.02 Replacement of ENGINEER........................................................................................................... 27 8.03 Furnish Data..................................................................................................................................... 27 8.04 Pay Promptly When Due.................................................................................................................. 27 8.05 Lands and Easements, Reports and Tests..................................................................................... 28 8.06 Insurance.......................................................................................................................................... 28 8.07 Change Orders.................................................................................................................................28 8.08 Inspections, Tests, and Approvals.................................................................................................. 28 8.09 Limitations on OWNER's Responsibilities....................................................................................... 28 8.10 Undisclosed Hazardous Environmental Condition.......................................................................... 28 8.11 Evidence of Financial Arrangements............................................................................................... 28 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION............................................................................28 9.01 OWNER'S Representative............................................................................................................... 28 9.02 Visits to Site..................................................................................................................................... 28 9.03 Project Representative ..................................... :............................................................................... 29 9.04 Clarifications and Interpretations..................................................................................................... 29 9.05 Authorized Variations in Work.......................................................................................................... 29 9.06 Rejecting Defective Work................................................................................................................. 29 9.07 Shop Drawings, Change Orders and Pa•iments.............................................................................29 9.08 Determination for Unit Price Work.................................................................................................. 29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work ........................... 29 9.10 Limitations on ENGINEER's Authority and Responsibilities........................................................... 30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS................................................................................................... 30 10.01 Authorized Changes in the Work................................................................................................... 30 10.02 Unauthorized Changes in the Work............................................................................................... 30 10.03 Execution of Change Orders......................................................................................................... 30 10.04 Notification to Surety...................................................................................................................... 31 10.05 Claims and Disputes...................................................................................................................... 31 00700 - General Conditions REV 5-10-13.doe 0070-30-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacirg (SCOP)\l-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .............................................. 31 11.01 Cost of the Work............................................................................................................................. 31 11.02 Cash Allowances............................................................................................................................ 33 11.03 Unit Price Work............................................................................................................................... 34 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............................................ 34 12.01 Change of Contract Price............................................................................................................... 34 12.02 Change of Contract Times............................................................................................................ 35 12.03 Delays Beyond CONTRACTOR's Control.................................................................................... 35 12.04 Delays Within CONTRACTOR's Control....................................................................................... 35 12.05 Delays Beyond OWNER'S and Cortractor's Control.................................................................... 35 12.06 Delay Damages.............................................................................................................................. 35 ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK..........:.....................................................................................................................36 13.01 Notice of Defects............................................................................................................................ 36 13.02 Access to Work............................................................................................................................... 36 13.03 Tests andInspections.................................................................................................................... 36 13.04 Uncovering Work............................................................................................................................ 36 13.05 OWNER May Stop the Work......................................................................................................... 37 13.06 Correction or Removal of Defective Work..................................................................................... 37 13.07 Correction Period......................................................................................................................... 37 13.08 Acceptance of Defective Work....................................................................................................... 37 13.09 OWNER May Correct Defective Work........................................................................................... 38 ARTICLE 14 - PAYMENTS TO CONTRACTOR .AND COMPLETION...................................................................... 38 14.01 Schedule of Values........................................................................................................................ 38 14.02 Progress Payments........................................................................................................................ 38 14.03 CONTRACTOR's Warranty of Title............................................................................................... 40 14.04 Substantial Completion.................................................................................................................. 40 14.05 Partial Utilization.............................................................................................................................41 14.06 Final Inspection.............................................................................................................................. 41 14.07 Final Payment................................................................................................................................41 14.08 Final Completion Delayed............................................................................................42 14.09 Waiver of Claims............................................................................................................................ 42 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION................................................................................42 15.01 OWNER May Suspend Work.........................................................................................................42 15.02 OWNER May Terminate for Cause............................................................................................... 43 15.03 OWNER May Terminate For Convenience................................................................................... 43 15.04 CONTRACTOR May Stop Work or Terminate.............................................................................. 44 ARTICLE 16 - DISPUTE RESOLUTION.....................................................................................................................44 16.01 Methods and Procedures............................................................................................................... 44 ARTICLE17 - MISCELLANEOUS............................................................................................................................... 44 17.01 Giving Notice.................................................................................................................................. 44 17.02 Computation of Times....................................................................................................................44 17.03 Cumulative Remedies....................................................................................................................44 17.04 Survival of Obligations.................................................................................................................. 44 17.05 Controlling Law...............................................................................................................................44 00700 - General Conditions REV 5-10-13.doc 00700 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US- Ito 21st Street Resurfaciig (SCOP)\I-Admin\Bids\Bid Documents\Master Contract Documents\00700 -General Conditions REV 5-10-13.doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the .Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid --The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order --A document recommend- ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletior, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract --The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documenta- tion submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amend- ments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final pay- ment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work --See paragraph 11.01.A for definition. 00700 - General Conditions REV 5-10-13.doc 00700 - 5 F:\PwblicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\I-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc 17. Drawings --That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER --The individual or entity named as such in the Agreement. 22. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition -- The presence at the Site of Asbestos, PCBs, Petro- leum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulat- ions--Any egulat- ions— Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Comple- tion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 00700 - General Conditions REV 5-10-13.doc 00700-6 F:\PLblic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 la to 21st Street Re>wcing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. .40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights' -of -way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, stan- dards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment --A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and confor- 00700 - General Conditions REV 5-10-13.doc 00700-7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc mance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. , The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Docu- ments, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The werd "fuFRiSh," mea e6ed @nne6tl9n with services, materials, OF 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- ceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times com- mence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the 00700 - General Conditions REV 5-10-13.doc 00700-8 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\13id Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC- TOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for sud- mitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress paymems during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part 00700 - General Conditions REV 5-10-13.doc 00700-9 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc thereof) 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 standard, specification, manual, code. or Laws or Regulations in effect at the time of openirg of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any suc.� provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con- tract Documents or between the Contrac- Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and.- a. nd: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field n ; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarifi- cation. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or 00700 - General Conditions REV 5-10-13.doc 00700-10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 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 Supplementa- ry Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRAC- TOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 00700 - General Conditions REV 6-10-13.doc 00700-11 F:\Public Works\ENGINEERING DIVISION PROJECTS\1636 6th Avenue US -1 to 21st Street Resurfacing (SCOPA1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review. After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) cf 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 oL- 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 entitles to any adjustment in the Contract Price cr 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 P,ice and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment, or c. CONTRACTOR failed to give the written notice within the time and as re- quired by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or com- pleteness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- TOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, 00700 - General Conditions REV 5-10-13.doc 00700-12 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th kienue U5-1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy i-) the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount o, 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 it ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CON- TRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in 00700 - General Conditions REV 5-10-13.doc 00700- 13 F:\Public WorkskENGINEERING DIVISION PROJECTS\1 638 6th Avenue LS -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR. Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such- condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); ' and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special condi- tions, then OWNER may order the portion of the Work that is in the area affected by such cordition to be deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negli- gence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds 00700 - General Conditions REV 5-10-13.doc 00700- 14 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Steel Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc B. All Bonds shall be in the form prescribed by the Contract Documents except as provided other- wise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.13, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- TRACTOR is required to purchase and maintain. OWNER 6halldeluyer +e GGISITRAGTOR With GPiec to eaGh addit GRal in the Supple mentarySenditiens, certificates of insa —(an ether evidence of insalraRlBe Feque6ted by GON 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcon- tractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, mainte- nance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclu- sive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supple - 00700 - General Conditions REV 5-10-13.doc (10700- 15 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Et-eet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc mentary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations; whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and tc each other additional insured identified in the Supplementary Conditions to whom a certifi- cate of insurance has been issued (and the certificates of insurance furnished by the CON- TRACTOR pursuant to paragraph 5.03 will sc provide); 6. remain in effect at least until fina payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replacing defective Work in accordarce witf- paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage writter on a claims -made basis, remain in effect for at least two years after final payment (ane CONTRACTOR shall furnish OWNER ane each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued. evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance 5.06 Property Insurance 00700 - General Conditions REV 5-10-13.doc 00700- 16 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc 5.07 Waiver of Rights D. OWNER shall not be responsible fcr purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, cr 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 purchas= and maintain it at the purchasers own expense. 00700 - General Conditions REV 5-10-13.doc 00700- 17 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th .Avenue US -1 to 21st Street Resurfacing (SC0P)\1-Admin\9ids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substan- tial Completion of all the Work as provided in para- graph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be 00700 - General Conditions REV 5-10-13.doc 00700- 18 F.\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st S.reet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700- General Conditions REV 5-10-13.doc responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work., CONTRACTOR shall assign a competent residert 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 mainta•n good discipline and order at the Site. B. Except as otherwise required for the safety cr 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 concert (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Requirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fue , 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 specifies, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indi- cated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amend- ment in accordance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equip- ment proposed by CONTRACTOR is function- ally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER 00700 -General Conditions REV 5-10-13.doc 00700-19 F:\Public Works\ENGINEERING DIVISION PROJECTS\1636 6th Avenue JS -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal_ in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under tl-e circumstances. d. CONTRACTOR shall first ma:,�e written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the pro- posed substitute item will prejudice CONTRACTOR's achievement of Substan- tial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, se- quence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Docu- ments. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- graphs 6.05.A and 6.05.13. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's 00700 - General Conditions REV 5-10-13.doc 00700-20 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 211 Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR's ex- pense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursemert: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6:05.A.2 and 6.05.13 and in making changes in the Contract Documents (o, in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so pro- posed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consul -ants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.13), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, cr other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reason- able objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcon- tractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No accep- tance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship be- tween OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontrac- tors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to commu- nicate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor 00700 - General Conditions REV 5-10-13.doc 00700-21 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st -Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights agains' 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 o? them) for all losses and damages caused by, arisinc 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 anc royalties and assume all costs incident to the use it the performance of the Work or the incorporation it 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 shale be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to ali fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWN- ER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consum- er, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. B. OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 00700 - General Conditions REV 5-10-13.doc 00700-22 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Aoenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be mace 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 a.ny of them from and against all claims, cos`s, losses, and damages (including but not limited to all fees and charges of engineers, architec`s, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or acticn, 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 CON- TRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGI- NEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of 00700 - General Conditions REV 5-10-13.doc 00700-23 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly em- ployed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage.or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.6 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 because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- mance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, 00700 - General Conditions REV 5-10-13.doc 00700-24 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incidert thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with tl-e 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 specifr- written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approva" will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGI- NEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CON- TRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make correc- tions required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, 00700 - General Conditions REV 5-10-13.doc 00700-25 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc Suppliers, or any other individual or entity far whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform anc 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 it accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work it accordance:with the Contract Documents: 1, 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 o` 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 anc Regulations, CONTRACTOR shall indemnify anc 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 ane against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compen- sation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CON- TRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 00700 - General Conditions REV 5-10-13.doc 00700-26 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any su--h 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 it the Contract Price or Contract Times tha: 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 o` materials and equipment and the execution of such other work and shall properly coordinate tl-e Work: with theirs. Unless otherwise provided in the Contrac,. 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 endarger 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 par. 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 o= CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 00700 - General Conditions REV 5-10-13.doc 00700-27 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction. period. . The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on informa- tion obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGI- NEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construc- tion, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 00700 - General Conditions REV 5-10-13.doc 00700-28 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21s: Street Resurfacing (SCOP)\1-Adm..n\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities aid authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employEe, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations �n the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compat- ible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These Fnay be aGGGITIplished by a Field QFde Rd .,ill be Medi.. OR OWNER Rd al6o Gs CONTRACTOR, who 6hall peFfai;m the We* ORVG!ved +e agree en ee+i+lemen+ }e a the + oF d } if any, aRy ad7d6tment on the GentFaGt PFiGe ('en+r aoc � + T'�ifc `� eF beth, as a I+ f a Field O d �n i Claim maybe made therefor as provided is paragFaph 49.45-. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority- as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work; the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to 00700 - General Conditions REV 5-10-13.doc 00700-29 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc this paragraph 9.09 with respect to any such Claim. dispute, or other matter (except any which have beer waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Responsibilities A. Neither ENGINEER's authority or respon- sibility under. this Article 9 or under any other provi- sion of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documen- tation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 00700 - General Conditions REV 5-10-13.doc (10700-30 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Steet Resurfacing (SCOP)\1-Admin\Bids\8id Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such evert (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.6. A Claim for an adjustment in Contract Time shall be prepared in accordance wi'h the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within0 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER vrill render a formal decision in writing within 30 days after receipt of the last submittal of the claimant cr the last submittal of the opposing party, if any. ENGINEER s written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.6, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality cf the 00700 - General Conditions REV 5-10-13.doc 00700-31 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21s Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc Project, shall include only the following items, and shall not include any of the costs itemized in para- graph 11.01.6. 2. Cost of all materials and equipment furnished and incorporated in the Work, includ- ing costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trace 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, w'II be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary trans- portation, travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. C. Rentals of all construction equip- ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agree- ments. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e . Deposits lost for causes other than negligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sus- tained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses 00700 - General Conditions REV 5-10-13.doc 00700-32 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 215! Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the writ,en consent and approval of OWNER. No such losses, damages, and experses shall be included in the Cost of the Work for tie purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Wcrk shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to oe considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.8. 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 11.01.8, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the 00700 - General Conditions REV 5-10-13.doc 00700-33 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 2^ st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide tha- all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaran- teed and are solely for the purpose of comparison o^ Bids and determining an initial Contract Price. Deter- minations of the actual quantities and class if;cations of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions o` paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- quate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract -in accordance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not cov- ered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.6.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under para- graphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; 00700 - General Conditions REV 5-10-'3.doc 00700-34 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21 st S:reet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers cf subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcon- tractor; d. no fee shall be payable on trie basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.13; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease :n cost will be the amount of the actual net decrease in cost plus a deduction °n 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 ^n accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may on.y be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRAC- TOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a 12.03 Delays Beyond CONTRACTOR's Control change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, A. Where CONTRACTOR is prevented from interference, or disruption directly attributable to completing any part of the Work within the Contract 00700 - General Conditions REV 5-10-13.doc 00700-35 F:\Public Works\ENGINEER] NG DIVISION PROJECTS\1638 6th .Avenue US -1 to 21sil Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of whic`-I 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 cf OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspec- tion or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CON- TRACTOR without written concurrence of ENGI- NEER, it must, if requested by ENGINEER, be uncov- ered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- ness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question, furnishing all neces- sary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of 00700 - General Conditions REV 5-10-13.doc 00700-36 F:\Public Works\ENGINEER] NG DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If -:ie 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 t -ie Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. _If the parties are unable to agree .as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period C_AmlFR nr n mitted by Laws and RequlatiGRs as GGRtemnlated in paFagFaph 6.44.A is found to h to 01A/NIFR and ,. rd enc+n IGtinnc• /•\ r pair �nh defer.+i„e land n �_.___._.._. �•i •fir-.. .._.... .......�...........,,....,, areas, (ii) GorreGt 6uGh defective Worker or, if the d f Work has been r eo+e-1 by OWNER, FeR;Gve i+ f the Project and FeplaGe it with VV k that RE)t the work of n+herc nr n+her I-;n.J Ar M ;irpRc; +ter If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. item of a en+ nlaGed ORnn+i.. e before SubstaRtial COMPletilGIR of all the lA/rk the r,nrrer,fiPn period for that item may start to pun fFern an eorGer H-e+e if cin provided in the Qnenifinafie by \A/ri++en AFneRdmen+ C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and re- placement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all 00700 - General Conditions REV 5-10-13.doe 00700-37 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work' and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR -From all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair; or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI- NEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such sup- porting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the 00700 - General Conditions REV 5-10-13.doc C0700 - 38 F:\Public Works\ENGINEERING DIVISION PROJECTS\1636 6th Avenue US -1 to 21st St-eet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application *.o 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 Ly ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and quali- fied design professional and on ENGINEERs 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 upo-i Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final deter- mination of quantities and classifications fcr Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. The conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspec- tions made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGI- NEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subse- quent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in 00700 - General Conditions REV 5-10-13.doc 00700-39 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue JS -1 to 21st Street Resurfacing (SCOP)\t-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d ENGINEER has an -teal kRe wI d f the GGGarrense of any of the—eveass eRumeFated OR paFagFaph 15.02,.A. C. Payment Becomes Due D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- ER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02. C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment cov- ered by any Application for Payment, whether incor- porated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. if ENGINEER GORsiders the VVGFk substantially Gemplete, ENGINEER —. i4 prepare and deliver to OWNER a tentative .+'F + OFGerrested befere final payment. OWNER Shall have 6eveR da after + f the + +uc+ v-�+oe4i days I' l�—Tcrrr ENGINEER as +Y r f the GeFtifiGate Gr 6Ubi � iiovien of the tentative Gertifisate +e --o\^ ER +herefeF If, after GGR6'der�tien of OWNER's ebjeGtiens, ENGINEER Gen6ideFs the gni i c 00700 - General Conditions REV 5-10-13.doc (10700-40 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st St*eet Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Docu- ments, or which OWNER, ENGINEER, and CON- TRACTOR agree constitutes a separately functionirg and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially- complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by 00700 - General Conditions REV 5-10-13.doc 00700-41 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue LIS -1 to 21.9 Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc 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 releasesand: receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satis- fied. If any Subcontractor or Supplier fails _o furnish such a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER°s observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, irdicate :n writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, -make payment- of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will 00700 - General Conditions REV 5-10-13.doc 00700-42 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21s; Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc fix the date on which Work will be resumed. CON- TRACTOR shall resume the Work on the date so fixed. Ment in the (`entrant Dr'r• er an e.hen i of the therefor as provided 'R paragFaph G 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to, perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Wo -k 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 tI-e Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco - 00700 - General Conditions REV 5-10-13.doc 00700-43 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21s� Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc nomic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, TRACTOR any sum finally deteFmiRed to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspen- sion or failure within that time, terminate the Contract and recover from OWNER payment on the sarr.e 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 aat on an Application for Payment within 30 days after it is submitted, OF OWNER has failed f9F 30 days te pay CONTRACTOR aRY 661M fiRally deteFmiRed t9 be 4ue, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR s stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or comple- tion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 -General Conditions REV 5-10-13.doc 00700-44 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue JS -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 - General Conditions REV 5-10-13.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Article Number Introduction Sc — 1.00 Defined Terms SC — 1.01 Terminology SC — 1.02 Before Starting Construction SC — 2.05 Preconstruction Conference SC — 2.06 Coordination of Plans, Specifications, and Special Provisions SC — 3.06 Subsurface and Physical Conditions SC — 4.02 Performance, Payment and Other Bonds SC — 5.01 Certificates of Insurance SC — 5.03 CONTRACTOR'S Liability Insurance SC — 5.04 OWNER's Liability Insurance SC — 5.05 Property Insurance SC — 5.06 Waiver of Rights SC — 5.07 Receipt and Application of Insurance Proceeds SC — 5.08 Acceptance of Bonds and Insurance; Option to Replace Sc — 5.09 Labor; Working Hours SC — 6.02 Concerning Subcontractors, Suppliers and Others SC — 6.06 Permits SC — 6.08 Authorized Variations in the Work SC — 9.05 Cost of the Work SC — 11.01 Test and Inspections SC — 13.03 OWNER May Stop the Work SC — 13.05 Correction Period SC — 13.07 Progress Payments SC — 14.02 30800-i 00800 - Supplementary Conditions REV 10-18.doc 00800 IF:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc Substantial Completion SC — 14.04 Final Payment SC — 14.07 OWNER May Suspend Work SC — 15.01 OWNER May Terminate for Cause SC — 15.02 CONTRACTOR May Stop Work or Terminate SC — 15.04 Mediation SC — 16.02 Liens SC — 17.06 +++ END OF THIS SUPPLEMENTARY CONDITIONS INDEX +++ 00800 -ii 00800 - Supplementary Conditions REV 10-18.doc 00800 IIF:\Public Works\ENGINEERING DIVISION PROJECTS\1638 3th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 -Supplementary Conditions REV 10-18.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC -1.00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. SC -1.01 Defined Terms SC -1.01.A.20 Add the following language to the end of GC 1.01.A.20. Engineer's Consultant: Atkins North America, Inc. 7175 Murrell Rd. Melbourne, FL 32940 SC -1.01.A.21 Delete paragraph GC 1.01.A.21 in its entirety. SC -1.02 Terminology SC -1.02.D.1, 2, and 3 Delete paragraphs GC -1.02.D.1, 2, and 3 in their entirety and insert the following paragraphs in their place: D. Furnish, Install, Perform, Provide 1. The word "furnish" shall mean to supply and deliver services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install" shall mean to put into use or place in final position services, materials, or equipment complete and ready for intended use. 3. The words "perform' or "provide" shall mean to furnish and install services, materials, or equipment complete and ready for intended use. SC -2.05 Before Starting Construction SC -2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its place: C. Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. SC -2.06 Preconstruction Conference SC -2.06 Delete paragraph GC -2.06.A in its entirety and insert the following paragraph in its place: 00800-1 00800 - Supplementary Conditions REV 10-18.doc 00800 1 F:\Public Works\ENGINEERING DIVISION PRUECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\8ids\Bid Documents\Master Contract Documents\00800 -Supplementary Conditions REV 10-18.doc 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 2.05.6, procedures for handling Shop Drawings and other submittals, and maintaining required records. Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. B. Per the FDOT Standard Specifications for Road and Bridge Construction, the Contractor will certify to the Engineer the following: 1. A listing of on-site clerical staff, supervisory personnel and their pro -rated time assigned to the contract, 2. Actual Rate for items listed in Table 4-3.2.1 (see below), 3. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, 4. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. FDOT Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation Benefits Actual Retirement Benefits Actual Workers Compensation Rates based on the National Council on Compensation Insurance basic rates tables adjusted by Contractor's actual experience modification factor in effect at the time of the additional work or unforeseen work Per Diem Actual but not to exceed State of Florida's rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.). SC -3.06 Coordination of Plans, Specifications, and Special Provisions SC -3.06 Add the following new paragraphs immediately after paragraph GC -3.05: SC -3.06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows: 1. Written Interpretations 2. Addenda 3. Specifications 4. Supplementary Conditions to the General Conditions 5. General Conditions 6. Approved Shop Drawings 00800-2 00800 - Supplementary Conditions REV 10-18.doe 00800 2F:\Public Works\ENGI NEE RING DIVISION PROJECTS11638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 -Supplementary Conditions REV 10-18;doc 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 fallowing reports of explorations and tests of subsurface conditions at the Site: NnNF SC -5.01 Performance, Payment and Other Bonds SC -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its place: Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. 1. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. 2. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. 3. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. SC -5.03 Certificates of Insurance SC -5.03 Delete the second sentence of paragraph GC -5.03 in its entirety. SC -5.04 CONTRACTOR's Liability Insurance SC -5.04 Add the following new paragraphs immediately after paragraph GC -5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability wi.h 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. 00800-3 00800 - Supplementary Conditions REV 10-18.doc 00800 3F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Aveme US -1 to 21st Street Resurfacing (SCOP)\t-Admin\Bids\Bid Documents\Master Contract Documents\00800 -Supplementary Conditions REV 10-18.doc 2. Commercial Genera: Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations C. Contractual Liability d. Independent Contractors e. Explosion f. Collapse g. Underground. 3. Business Auto Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Owned Autos b. Hired Autos C. Non -Owned autos. 4. Special Requirements: a. Ten (10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval. b. "Indian River County Florida" will be named as "Additional Insured" on both the General Liability and Auto Liability. C. The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. d. An appropriate "Indemnification" clause shall be made a provision of the Contract (see paragraph 6.20 of the General Conditions). e. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requirements, which are subject to modification in response to high hazard operation. g. Insured must be authorized to do business and have an agent for service of prccess in Florida and have Best's Rating of A -VII or better. D. Additional Insureds: 1. In addition to "Indian River County, Florida," the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies: a. City of Vero Beach SC -5.05 OWNER's Liability Insurance SC -5.05 Delete paragraph GC -5.05.A in its entirety. SC -5.06 Property Insurance SC -5.06 Delete paragraphs GC -5.06.A, B, and C in their entirety and insert the following paragraphs in their place: 00800-4 00800 - Supplementary Conditions REV 10-18.doc 00800 4F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Ave we US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. CONTRACTOR shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC -5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. SC -5.06.E Delete paragraph GC -5.06.E in its entirety and insert the following in its place: E. Additional Insureds: 1. The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's property insurance policies: a. Indian River County, Florida b. City of Vero Beach SC -5.07 Waiver of Rights SC -5.07 Delete GC -5.07 (paragraphs A, B, and C) in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC -5.08 Delete GC -5.08 (paragraphs A and B) in its entirety. 00800-5 00800 - Supplementary Conditions REV 10-18.doc 00800 5F:\Public Works\ENGINEE RING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc SC -5.09 Acceptance of Bonds and Insurance; Option to Replace SC -5.09 Delete GC -5.09 (paragraph A)in its entirety. SC -6.02 Labor; Working Hours SC -6.02.6. Add the following paragraphs immediately after paragraph GC -6.02.8: 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. 2. Indian River County Holidays are: New Year's Day, Martin Luther King, Jr. Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager. 3. The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of emergency upon specific permission of the ENGINEER. SC -6.06 Concerning Subcontractors, Suppliers, and Others SC -6.06.C. Add the following sentence at the end of paragraph GC -6.06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6.08 Permits SC -6.08 Add the following paragraphs immediately after paragraph GC -6.08.A: The OWNER has obtained the following permits (copies of these permits are contained in Appendix A): A. N/A 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. 00800-6 00800 - Supplementary Conditions REV 10-18.doc 00800 6F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Averue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 -Supplementary Conditions REV 10-18.doc 3. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC -9.05 Authorized Variations in Work SC -9.05.A. Delete the second sentence %n 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 oayment for actual costs of direct labor and burden (see SC -2.06.13) for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro -rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. SC -13.03 Test and Inspections SC -13.03.B. Delete paragraph GC -13.03.B in its entirety, and insert the following sentences in its place: B. OWNER shall employ and pay for t"1e services of an independent testing laboratory. to perform all initial inspections, tests; or approvals required by the Contract Documents except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. The CONTRACTOR shall arrange, obtain, and pay for the following inspections, tests, or approvals: 1. inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.8 shall be paid as provided in said paragraph 13.04.13; 3. tests otherwise specifically provided in the Contract Documents. SC -13.05 OWNER May Stop the Work SC -13.05.A. Delete paragraph GC -13.05.A in its entirety and insert the following paragraph in its place: A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled 00800-7 00800 - Supplementary Conditions REV 10-18.doc 00800 7F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avelue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.doc workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. SC -13.07 Correction Period SC -13.07 A. Delete the first sentence of paragraph GC -13.07.A in its entirety and insert the following sentence in its place A. If within one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii' correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, .o the work of others or other land or areas resulting therefrom. SC -13.07 B. Delete paragraph GC -13.07.5 in its entirety and insert the following sentence in its place B. In special circumstances where a particular item of equipment is placed in continu- ous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. SC -14.02 Progress Payments SC -14.02.B.5. Delete paragraph GC-14.02.B.5.d in its entirety and insert the following paragraph in its place: d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A; or SC -14.02.B.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. 00800-8 00800 - Supplementary Conditions REV 10-18.doc 00800 8F:\Public Works\ENGINEERING DIVISION PRCJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 -Supplementary Conditions REV 10-18.doc 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)(x)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project." SC -14.04B Add the following new paragraph immediately after paragraph GC 14.048: C. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees SC -14.07 Final Payment SC -14.07.C.1. Delete paragraph GC -14.07.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the " Local Government Prompt Payment Act", Florida Statutes section 218.70, et. seq. 00800-9 00800 - Supplementary Conditions REV 10-18.doc 00800 9F:\Public Works\ENG I NEERING DIVISION PROJECTS\16386th Averne US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 - Supplementary Conditions REV 10-18.dos 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 atlowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such Work suspension. SC -15.02 OWNER May Terminate For Cause SC -15.02.A.5 and SC -15.02.A.6 Add the following new paragraphs immediately after paragraph GC -15.02.A.4: 5. CONTRACTOR's violation c= Section 02225 — "Erosion Control and Treatment of Dewatering Water From the Construction Site." 6. CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers. CONTRACTOR certifies that it and its related entities as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Flor'da Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and its related entities as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies, that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. SC -15.04 CONTRACTOR May Stop Work or Terminate SC -15.04 Delete the following text from the first sentence of paragraph GC -15.04.A: SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: 00800-10 00800 - Supplementary Conditions REV 10-18.doc 00800 1 OF:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Atienue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\6ids\Bid Documents\Master Contract Documents\00800 -Supplementary Conditions REV 10-18.doc re"EreMM - - • 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 `he 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 GC 17.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notica to the CONTRACTOR as specified in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River Countv and are 3ubiect 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.C1, 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++ 00800-11 00800 - Supplementary Conditions REV 10-18.doc 00800 11F \Public Works\ENGINEERING DIVISION PRO, ECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00800 -Supplementary Conditions REV 10-18.doc DATE OF ISSUANCE: SECTION 00942 - Change Order Form No. EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: 6T" AVENUE MILLING & RESURFACING FROM U.S. 11S.R. 5 TO 21sT STREET OWNER's Project No. IRC -1638 OWNER'S Bid No. 2022008 FM No.: 438074-1-54-01 You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $ Net Increase (Decrease) from $ previous Change Orders No. to Contract Price prior to this $ Change Order: Net increase (decrease) of this $ Change Order: Contract Price with all approved $ Change Orders: ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net change from previous Change Orders No. to (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Completion: RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: 00942 - Change Order Form REV 04-07.doc 00942-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Adm1n\Bids\Bid Documents\Master Contract Documents\00942 - Change Order Form REV 04-07.doc DATE OF ISSUANCE: SECTION 00948 - Work Change Directive EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR: Project: 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21sT STREET OWNER's Project No.IRC-1628 OWNER'S Bid No. 2022008 FM No.: 438074-1-54-01 You are directed to proceed promptly with the following changes: Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices ❑ Unit Prices II Lump Sum II Other: ❑ By Change Order: Method of determining change in Contract Times II Contractor's Records II Engineer's Records II Other: [� By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $ Substantial Completion: days; If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Ready for Final Completion: days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: RECOMMENDED: APPROVED: By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: Date: Date: * * END OF SECTION * * F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 tth Avenue US -1 to 21st Street Resurfacing (SCOP)\1- Admin\Bids\Bid Documents\Master Contract Documents\00948 - Work Change Directive Rev 06-2013.doc DIVISION 1 GENERAL REQUIREMENTS TITLE SPECIAL PROVISIONS FORCEACCOUNT FIELD ENGINEERING AND LAYOUT REFERENCE STANDARDS GENERAL QUALITY CONTROL PROGRESS MEETINGS CONSTRUCTION SCHEDULES SUBMITTAL OF SHOP DRAWINGS PRODUCT DATA AND SAMPLES CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PROTECTION OF THE WORK AND PROPERTY ACCESS ROADS, PARKINGS AREAS AND USE OF PUBLIC STREETS TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT SUBSTITUTIONS SITE CLEANUP AND RESTORATION POST FINAL INSPECTION SECTION NO. 01009 01024 01050 01091 01215 01220 01310 01340 01520 01541 01550 01610 01611 01630 01710 01820 F. Public Works\ENGINEERING DIVISION PROJECTS\1638 6-h Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\DIVISION 1 GENERAL REQUIREMENTS.doc SECTION 01009 SPECIAL PROVISIONS 1.1 GENERAL A. Visits to the construction site may be made by representatives of permitting or governing bodies. Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction. B. Furnish sufficient labor, construction equipment and materials, and work such hours, including nightshifts and overtirre operations, as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule. If, in the opinion of the ENGINEER, the CONTRACTOR falls behind the progress schedule, take such steps as may be necessary to improve progress, all without additional cost to the OWNER. The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions, SC -6.02. C. All salvageable material and equipment for which specific use, relocation or other disposal is not specifically noted, shall remain the property of the OWNER and shall be delivered to the OWNER at the following location: 4550 41St Street, at the CONTRACTOR's expense. All material and equipment not in salvageable condition, as determined by the ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CONTRACTOR's expense. D. In addition to these Specifications all work must comply with the requirements of the local governing agency, St. Johns River Water Management District, Department of Environmental Protection, Army Corps of Engineers, Indian River Farms Water Control District, and all other applicable State or Federal agencies' specifications and permits. In the event of a conflict, the more stringent specification or requirement shall govern. E. Before performing any work outside the designated limits of the work site, secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained. Follow all requirements of any said permits or authorization. Give the ENGINEER and appropriate owner ten (10) days minimum notice before commencing construction operations outside the designated limits of the work site. 01009-1 01009 -Special Provisions F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01009 - Special Prvovisions.doc SECTION 01024 FORCE ACCOUNT 1.1 General CONTRACTOR shall furnish all labor, materials, equipment and incidentals necessary to perform additional work not covered on the Contract Drawings. The force Account is intended as a contingency for unforeseen work. 1.1 PAYMENT A. Lump sum amount for force account work is included in the bid schedule. The value of force account work will be determined in accordance with Article 12 of the General Conditions. + + END OF SECTION + + 01024- 1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS, 1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1- Admin\Bids\Bid Documents\Master Contract Documents\01024 - Force Account.doc SECTION 01050 FIELD ENGINEERING AND LAYOUT 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 Ly the Drawings. F. Safeguard all points, stakes, grademarks, monuments and benchmarks made or established on the Work, and ; eestablish 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. 050-1 01050 Field Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue UE -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01050 - Field Engineering.doc B. The CONTRACTOR shall carefully preserve all control stakes, benchmarks, reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance. If the loss or disturbance of the stakes or marks cause a delay in the Work, the CONTRACTOR shall have no claim for damages or extension of time. Control stakes, benchmarks, reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land Sur- veyor and Mapper, at the CONTRACTOR's expense. In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work, the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract. C. All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D. All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. 1.3 STATION BOARDS A. CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet. 1.4 LAYOUT OF STRIPING Establish by instrument, and mark the finished surface, the points necessary for striping finished roadway in conformance with Section 5-7 of FDOT Standard Specifications. + + END OF SECTION + + 1050-2 01050 Field Engineering F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01050 - Field Engineenng.doc SECTION 01091 REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization or body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the date of advertisement for bids, unless noted otherwise in the Technical Specifications or on the Drawings. When a reference standard is specified, comply with requirements and recommendations stated in that standard, except when they are modified by the Contract Documents, or when applicable laws, ordinances, rules, regulations or codes establish stricter standards. The list of specifications presented in Paragraph B is hereby made a part of the Contract, the same as if repeated herein in full. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPAAmerican Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED.SPEC. Federal Specifications 01091-1 01091 Reference Standards F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01091 - Reference Stancards.doc CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute FDOT/DOT Florida Department of Transportation U. L., Inc. Underwriter's Laboratories, Inc. SSPC Steel Structures Painting Council SJRWMD St. Johns River Water Management District C. When no reference is made to a code, standard or specification, the standard specifications of ASTM, FDOT, or ANSI shall govern. D. In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards, or any other regulatory specification or standard, the more stringent requirement prevails. + + END OF SECTION + + 01091-2 01091 Reference Standards F:\Public Works\ENGINEERING DIVISION PROJECTS\'638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01091 -Reference Standards.doc SECTION 01215 GENERAL QUALITY CONTROL 1.1 DESCRIPTION OF REQUIREMENTS A. Definitions: Specific quality control requirements for the work are indicated throughout the Contract Documents. The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products. The term "Quality Control' includes, but is not necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance. 1.2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A. Residual OWNER Responsibility: The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests. B. CONTRACTORS General Responsibility: No failure of test agencies, whether engaged by the OWNER or CCNTRACTOR, to perform adequate inspections of tests or to properly analyze cr report results, shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents. It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR, OWNER, ENGINEER, and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work. The program is not intended to limit the CONTRACTOR in his regular quality control program, as needed for general assurance of compliance. 1.3 QUALITY ASSURANCE A. General Workmanship Standards: It is a requirement that each category of tradesman or installer performing the work be pre -qualified, to the extent of being familiar with the applicable and recognized quality standards for his category of work, and being capable of workmanship complying with those standards. 1.4 PRODUCT DELIVERY -STORAGE -HANDLING Handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and losses (and resulting delays), thereby ensuring highest quality results as the performance of the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at the project site prior to installation. 01215-1 01215 General Quality Control F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1- Admin\Bids\Bid Documents\Master Contract Documents\01215 General Quality.doc SECTION 01215 GENERAL QUALITY CONTROL 1.5 PROJECT PHOTOGRAPHS/VIDEOS A. The CONTRACTOR shall make provisions, at his expense, for photographs and video tapes of all work areas just prior to construction, and for unusual conditions during construction. The photographs and videos shall show pertinent physical features along the line of construction. The purpose of the videos is to determine any damage to private or public property during construction. The video must be performed by a professional videographer. B. Pre -Construction Photographs and Video: 1. Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction. These photographs and videos shall be a standard DVD format and shall be narrated. 2. The photographs and video shall include, but not be limited to, the following items shown in a clear manner: 1) All existing features within the right-of-way. 2) All existing features within the temporary construction easement. 3) All existing features within permanent easements. 4) All existing features adjacent to any construction. 3. Detail of the photographs and video shall be such that the following examples shall be clear and visible: 1) Cracks in walls. 2) Condition of fencing. 3) Condition of planted areas and types of vegetation. 4) Condition of sodded areas. 5) Conditions of sprinkler systems and associated controls and wiring. 6) Condition of signs. 7) Conditions of lighting and associated wiring. 8) Significant detail of any pre-existing damages physical features shall be shown. The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers. 9) These photographs and video record shall be presented and approved by the Owner prior to the Notice to Proceed. A copy shall be kept in the Contractor's field office. 10)Payment — No additional payment will be made for this work. + + END OF SECTION + + 01215-2 01215 General Quality Control F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1- Admin\Bids\Bid Documents\Master Contract Documents\01215 General Quality.doc SECTION 01220 PROGRESS MEETINGS 1.1 SCOPE A. Date and Time: 1. Regular Meetings: As mutually agreed upon by ENGINEER and CONTRACTOR. 2. Other Meetings: On call. B. Place: CONTRACTOR'S office at Project site or other mutually agreed upon location. C. ENGINEER shall prepare agenda, preside at meetings, and prepare and distribute a transcript of proceedings to all parties. D. CONTRACTOR shall provide data required and be prepared to discuss all items on agenda. 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 contro. 8. Schedules, including off-site fabrication and delivery schedules. Corrective measures, if required. 9. Coordination between parties. 10. Safety concerns. 11. Other business. + + END OF SECTION + + 01220-1 01220 Progress Meetings F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Ave-iue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01220 - Progress Meetings.do: 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 sccpe. 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 CCNTRACTOR within 21 days after receipt. If required by the ENGINEER, resubmit revised schedules on or before the seventh day after receipt of the review copy. If required by the ENGINEER, submit revised monthly progress schedules with that month's application for payment. 01310-1 01310 Construction Schedule F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1- Admin\Bids\Bid Documents\Master Contract Documents\01310 - Construction Schedule.doc SECTION 01310 CONSTRUCTION SCHEDULES 1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and all reviewed revisions (updated) to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 4. OWNER (two copies). 5. ENGINEER B. In the cover letter, instruct ecipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedules. + + END OF SECTION + + 01310-2 01310 Construction Schedule F:\Public Works\ENGINEERING DIVISION PROJECTS\163E 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1- Admin\Bids\Bid Documents\Master Contract Documents\01 3 10 - Construction Schedule.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS 1.1 SCOPE A. Submit shop drawings, product data and samples as required by or inferred by the Drawings and Specifications. Submittals shall conform to the requirements of Article 6.17 of the General Conditions, Section 00700, and as described in this Section. 1.2 SHOP DRAWINGS A. Shop drawings are original drawings, prepared by the CONTRACTOR, a subcontractor, supplier, or distributor, which illustrate some portion of the work; showing fabrication, layout, setting, or erection details. Shop drawings are further defined in Article 6.17, Section 00700. B. Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings. 1.3 PRODUCT DATA A. Product data are manufacturer's standard schematic drawings and manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data. Product data are further defined in Article 6.17, Section 00700. B. Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project. C. Clearly mark catalog sheets, brochures, etc., to identify pertinent materials, products, or mcdels. 1.4 SAMPLES Samples are physical examples 70 illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. Samples are further defined in A-ticle 6.17, Section 00700. 01340 - Submittal of Shop Drawings.doc 01340-1 F:\Public Works\ENGINEERING DIVISION PROJECTSY638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS 1.5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. The CONTRACTOR's responsibilities for submittal of shop drawings, product data, and samples are set forth in paragraph 6.17 of the General Conditions and as further explained herein. B. Prior to submission, thoroughly check shop drawings, product data, and samples for completeness and for compliance with the Contract Documents, verify all dimensions and field conditions, and coordinate the shop drawings with the requirements for other related work. Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the CONTRACTOR's responsibility. 1. It is CONTRACTOR'S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents. 2. Incomplete or inadequate submittals will be returned for revision without review. C. The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER's review of submittals. The CONTRACTOR shall approve the shop drawings based on his in -the -field measurements, prior to submittal to the ENGINEER for his review. D. Notify the ENGINEER, in writing at the time of submission, of deviations in submittals from the requirements of the Contract Documents. The CONTRACTOR's responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER's review of submittals, unless the ENGINEER gives written acceptance of specific deviations. E. Begin no work, which requires submittals until return of submittals with the ENGINEER's stamp and initials or signature indicating the submittal has been reviewed. 01340 - Submittal of Shop Drawings.doc 01340-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th AvBnue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. Submit to: Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 B. A letter of transmittal shall accompany each submittal. If data for more than one Section of the Specifications is submitted, a separate transmittal letter shall accompany the data submitted for each Section. C. At the beginning of each letter of transmittal, provide a reference heading indicating the following: 1. OWNER'S Name 2. Project Name 3. Project Number 4. Transmittal N amber 5. Section Number D. All submittals shall have a title block with complete identifying information satisfactory to the ENGINELR. The following is a sample Submittal Form that the CONTRACTOR may use: [The remainder of this page has been left blank intentionally] 01340 - Submittal of Shop Drawings.doc 01340-3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Ave iue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01340 - Suomittal of Shop DFawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS CONTRACTOR SUBMITTALS SUBMITTAL NO. Contractor: Date Sent to County No. Copies Sent to County ❑ Original Submittal ❑ Re -Submittal Project Name: 6T" AVENUE MILLING & RESURFACING FROM U.S. 1/S.R. 5 TO 21ST STREET Project No.: IRC -1638 ❑ Shop Drawing Description: Sub-Contractor:— Remarks: ❑ Cut Sheet ❑ Other **************************_******************************** Reviewing Agency: (As checked below) Date Received Date Returned No. Copies Ret'd F-1 I R C Engineering Div. ❑ I R C Utilities Services Remarks: IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 1801 271h Street No. Copies Ret'd Vero Beach, FI. 32960 Remarks: Distribution of Copies: IRC Engineering Division Office File Field Office File 01340 - Submittal of Shop Drawings.doc 01340-4 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS E. All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR. F. Assign a number to each submittal starting with No. 1 and thence numbered consecutively. Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal, the suffix "B" for the second resubmittal, etc. G. Initially submit to ENGINEER a minimum of two (2) copies of all submittals that are on 11 -inch by 17 -Inch or smaller sheets (no less than 8 1/2 -inch x 11 -inch). H. After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations: 1. Approved 2. Approved as Noted 3. NOT Approved - Resubmit If a submittal is acceptable, it will be marked "Approved" or "Approved as Noted". One (1) electronic copy of the submittal will be returned to CONTRACTOR. Upon return of a submittal marked "Approved" or "Approved as Noted", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corrections indicated. K. If a submittal is unacceptable, one (1) copy will be returned to CONTRACTOR with following notation, "NOT Approved - Resubmit". L. Upon return of a submittal marked "NOT Approved - Resubmit", make the corrections indicated and repeat the initial approval procedure. Upon return of a submittal so marked, repeat the initial approval procedure utilizing acceptable material or equipment. M. Work shall not be performed nor equipment installed without an ENGINEER "Approved" or "Approved as Noted" Shop Drawing. N. Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved. CONTRACTOR shall assume the risk for all materials or 01340 - Submittal of Shop Drawings.doc 01340-5 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01340 -Submittal of Shop D-awings.doc SECTION 01340 SUBMITTAL OF SHOP DRAWINGS equipment which is fabricated or delivered prior to the approval of Shop Drawings. Materials or equipment requiring Shop Drawings which have not yet received approval by the ENGINEER shall not be installed on the project. Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. O. ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this, for the Shop Drawings being revised and resubmitted, and for time required to return the approved Shop Drawings to CONTRACTOR. P. Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals. All costs to ENGINEER involved with subsequent submittals of Shop Drawings, Samples or other items requiring approval, will be back -charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions. If the CONTRACTOR requests a substitution for a previously approved item, all of ENGINEER'S costs in the reviewing and approval of the substitution will be back -charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + 01340 - Submittal of Shop Drawings.doc 1340-6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Averue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01340 - Submittal of Shop Drawings.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.1 SCOPE A. Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications. 1.2 RESPONSIBILITY A. All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site. B. All false work, scaffolding, ladders, hoistways, braces, pumps, roadways, sheeting, forms, barricades, drains, flumes, and the like, any of which may be needed in construction of any part of the work and which are not herein described or specified in detail, must be furnished, maintained and removed by the CONTRACTOR, who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction, maintenance or operation. C. In accepting the Contract, the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists, cranes, temporary structures or work and for any damage which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the OWNER, and ENGINEER from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision. 1.3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1. Provide a temporary water service as required for all construction purposes and pay for all water used. 2. Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job. 3. Provide all temporary piping, hoses, etc., required to transport water to the point of usage by all trades. 4. When temporary water service is no longer required, remove all temporary water lines. 01520-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1- Admin\Bids\Bid Documents\Master Contract Documents\01520 - Construction Facilities.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet these requirements. Upon completion of work, remove the facilities from the premises. 1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contract, but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public, workmen, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract. In dry weather, spray dusty areas daily with water in order to control dust. Take necessary steps to prevent the tracking of mud onto adjacent streets and highways. 1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities, services, and controls and legally dispose of them as soon as the work is complete. The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER. + + END OF SECTION + + 01520-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 5th Avenue US -1 to 21st Street Resurfacing (SCOP)\1- Admin\Bids\Bid Documents\Master Contract Documents\01520 - Construction Facilities.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Condi- tions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly'.nterfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by construction operations, so that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately -owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS CONTRACTOR's responsibility for the maintenance of barricades, signs, lights, and for providing watchmen shall continue until OWNER accepts the Project. 1.3 TREE AND PLANT PROTECTION A. Protect existing trees, shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting, breaking or skinning of trunk, branches, bark or roots. 01541-1 F:\Public Works\ENGINEERING DIVISION 'PROJ=CTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bad Documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY B. Do not store or park materials or equipment within the drip line of trees that are to remain. C. Install temporary fences or barricades to protect trees and plants in areas subject to traffic. D. Fires shall not be permitted under or adjacent to trees and plants. E. Within the limits of the Work, water trees and plants that are to remain, in order to maintain their health during construction operations. F. Cover all exposed roots with burlap and keep it continuously wet. Cover all exposed roots with earth as soon as possible. Protect root systems from mechanical damage and damage by erosion, flooding, run-off or noxious materials in solution. G. If branches or trunks are damaged, prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use. H. Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality. I. Coordinate Work in this Section with requirements of other sections herein. 1_4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements, which could be damaged by construction activities. The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2) days. Irrigation systems partially within the right-of-way of 6th Avenue and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality. The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way. 1.5 PROTECTION OF EXISTING STRUCTURES A. Underground Structures: 1. Underground structures are defined to include, but not be limited to, all sewer, water, gas, and other piping, and manholes, chambers, electrical conduits, tunnels and other existing subsurface work located within or adja- cent to the limits of the Work. 01541-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1633 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 2. All underground structures known to ENGINEER except service connections for water, sewer, electric, and telephone are shown. This information is shown for the assistance of CONTRACTOR in accordance with the best information available, but is not guaranteed to be correct or complete. The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3. Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24-hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 6. Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of the services which such structures provide. If CONTRACTOR damages an underground structure, restore it to original condition at CONTRACTOR's expense. 01541-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1633 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 7. Necessary changes in the location of the Work may be made by ENGINEER, to avoid unanticipated underground structures. 8. If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents, ENGINEER will direct CONTRACTOR in writing to perform the Work, which shall be paid for under the provisions of Article 11 of the General Conditions. B_. Surface Structures: 1. Surface structures are defined as structures or facilities above the ground surface.. Included with such structures are their foundations and any extension below the surface. Surface structures include, but are not limited to, buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and all other facil- ities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same. 2. Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure. CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure. D. All other existing surface facilities, including but not limited to, guard rails, posts, guard cables, signs, poles, marke-s, and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR'S expense. 1.6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A. The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. 01541-4 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01541 - Protection o` Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY B. Information shown on the Drawincs as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this CONTRACTOR's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. 1.7 ADJUSTMENTS OF UTILITY CASTINGS, COVERS AND BOXES A. All existing utility castings, including valve boxes, junction boxes, manholes, pull boxes, inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work. B. The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing. CONTRACTOR shall make available survey reference markers to the various utility companies. + + END OF SECTION + + 01541-5 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 5th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01541 - Protection of Property.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS 1.1 GENERAL A. Provide all temporary construction roads, walks and parking areas required during construction and for use of emergency vehicles. Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions. B. Prevent interference with traffic and the OWNER's operations on existing roads. Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR's operations over these roads. C. Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER. D. Remove temporary roads, walks and parking areas prior to final acceptance and return the ground to its original condition, unless otherwise required by the Contract Documents. 1.2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and tc 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 fne of $50 per uncovered truck to the Owner when invoked by the Owner to Owner's Engineer. All cleanup shall be the responsibility of the CONTRACTOR. 01550 Access Roads 01550-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1632 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01550 - Access Roads.doc SECTION 01550 ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS C. All trucks/moving equipment shall have backup warning horns in proper working order while on the job site. + + END OF SECTION + + 01550 Access Roads 01550-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 5th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01550 - Access Roads.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1.1 GENERAL A. Make all arrangements for transportation, delivery and handling of equipment and materials required for prosecution and completion of the Work. B. Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours. Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not be delivered to OWNER except where otherwise directed. C. If necessary to move stored materials and equipment during construction, CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation. 1.2 DELIVERY A. Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation. B. Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following: 1. Work of other contractors, or OWNER. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. OWNER'S use of premises. C. Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER. D. Do not have products delivered 10 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. D1610-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\16386th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT G. Immediately on delivery, Contractor shall inspect shipment to assure: 1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quantities are correct. 3. Containers and packages are intact, labels are legible. 4. Products are properly protec-ed and undamaged. 1.3 PRODUCT HANDLING A. Provide equipment and personnel necessary to handle products, including those provided by OWNER, by methods to prevent soiling or damage to products or packaging. B. Provide additional protection during handling as necessary to prevent scraping, marring or otherwise damaging products or surrounding surfaces. C. Handle products by methods to prevent bending or overstressing. D. Lift heavy components only at designated lifting points. E. Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them. Do not drop, roll or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. + + END OF SECTION + + 01610-2 F:\PubIicWorks\ENGlNEERlNG DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01610 - Transportation and Handling of Materials and Equipment.doc SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1.1 GENERAL A. Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications. B. Make all arrangements and provisions necessary for the storage of materials and equipment. Place all excavated materials, construction equipment, and materials and equipment to be incorporated into the Work, so as not to injure any part of the Work or existing facilities, and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. C. Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER. D. Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work, including proper protection against damage by extreme temperatures and moisture. E. Do not use lawns, grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. G. Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified. H. When appropriate store materials on wood blocking so there is no contact with the ground. + + END OF SECTION + + 01611-1 01611—Storage of Material F:\Public Works\ENGINEERING DIVISION PROJECTS\1636 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\016' 1 -Storage of Materials.doc SECTION 01630 SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and Or -Equals," of the General Conditions, and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents. 1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select product meeting that standard by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. B. For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equivalent," submit a request for a substitution for any product or manufacturer which is not specifically named. D. For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted, there is no option and no substitution will be allowed. E. Where more than one choice is available as a CONTRACTOR's option, select product which is compatible with cther products already selected or specified. 1.3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time, ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers, and construction methods (if specified). 1. After end of specified period, requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR. B. Submit 5 copies of Request for Substitution. Submit a separate request for each substitution. In addition to requirements set forth in Article 6.05 of General Conditions, include in the request the following: 1. For products or manufacturers: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. 31630-1 01630 Substitutions F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 8th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01630 - Substitutions.doc SECTION 01630 SUBSTITUTIONS c. Samples, if appropriate. d. Name and address of similar projects on which product was used, and date of installation. 2. For construction methods (if specified): a. Detailed description of proposed method. b. Drawings illustrating method. 3. Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product, manufacturer or method specified. C. In making Request for Substitution, CONTRACTOR represents that: 1. CONTRACTOR has investigated proposed substitution, and determined that it is equal to or superior in all respects to the product, manufacturer or method specified. 2. CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product, manufacturer, or method specified. 3. CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become apparent. D. A proposed substitution will not be accepted if: 1. Acceptance will require changes in the design concept or a substantial revision of the Contract Documents. 2. It will delay completion of the Work, or the work of other contractors. 3. It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR. E. If the ENGINEER determines that a proposed substitute is not equal to that specified, furnish the product, manufacturer, or method specified at no additional cost to OWNER. F. Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents. G. The procedure for review by Engineer will include the following: 1. Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR. 2. Upon receipt of an application for review of a substitution, Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item. 3. If the substitution will not require a more extensive review, Engineer will proceed with the review without additional cost to CONTRACTOR. 01630-2 01630 Substitutions F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01630 - Substitutions.doc SECTION 01630 SUBSTITUTIONS 4. If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5. Engineer may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR's expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the, Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install, or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. Owner may require CONTRACTOR to furnish at CONTRACTOR's expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is used, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. 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 diffe-ence shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. + + END OF SECTION + + 01630-3 01630 Substitutions F:\Public Works\ENGINEERING DIVISION PROJECTS\163E 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01630 - Substitutions.doc SECTION 01710 SITE CLEANUP AND RESTORATION 1.1 SCOPE Furnish all labor, equipment, appliances, and materials required or necessary to clean up and restore the site after the construction is completed. 1.2 REQUIREMENTS A. During the progress of the project, keep the work and the adjacent areas affected thereby in a neat and orderly condition. Remove all rubbish, surplus materials, and unused construction equipment. Repair all damage so that the public and property owners will be inconvenienced as little as possible. B. Provide onsite containers for the collection of waste materials, debris, and rubbish and empty such containers in a legal manner when they become full. C. Where material or debris has been deposited in watercourses, ditches, gutters, drains, or catch -basins as a result of the CONTRACTOR's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the ditches, channels, drains, etc., shall be kept clean and open at all times. D. Before the completion of the project, unless otherwise especially directed or permitted in writing: 1. Tear down and remove all temporary buildings and structures; 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbish from any grounds occupied; and 4. Leave the roads, all carts of the premises, and adjacent property affected by construction operations, in a neat and satisfactory condition. E. Restore or replace any pub9ic 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 sl -all be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new - appearing condition. 01710 Site Cleanup 01710-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1633 6th Aven:ae US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Docu ments\M aster Contract Documents\01710 - Site Cleanup.doc SECTION 01710 SITE CLEANUP AND RESTORATION G. It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed, destroyed, or damaged during construction. Particular attention will be placed on restoration of canals to equal or better condition than prior to construction. H. When finished surfaces require cleaning with cleaning materials, use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. Keep the amount of dust produced during construction activities to a minimum. At CONTRACTOR's expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, the CITY OF VERO BEACH, ENGINEER and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. + + END OF SECTION + + 01710 Site Cleanup 01710-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1636 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\01710 - Site Cleanup.doc SECTION 01820 Post Final Inspection 1.1 GENERAL A. Approximately one year after Final Completion, the OWNER will make arrangements with the Construction Coordination Manager and the CONTRACTOR for a post final inspection and will send a written notice to said parties to inform them of the date and time of the inspection. B. Corrections of defective work noted by OWNER and Construction Coordination Manager shall comply with the applicable sections of Article 13, General Conditions. C. After the inspection, the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds. 001820 - Post Final Inspection rev 05-13.doc 001820-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\001820 - Post Final Inspection rev 05-13.doc Division 2 - Technical Provisions, IRC -1638 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 120 - EXCAVATION AND EMBANKMENT ....................................................................................16 SECTION160-STABILZING......................................................................................................................17 SECTION 286 -TURNOUT CONSTRUCTION ...............................................................................................17 SECTION 327 - MILLING OF EXISTING ASPHALT PAVEMENT...................................................................... 18 SECTION 337 -ASPHALT CONCRETE FRICTION COURSES..........................................................................18 SECTION 400 - CONCRETE STRUCTURES...................................................................................................18 SECTION 425 -INLETS, MANHOLES, AND JUNCTION BOXES.....................................................................18 SECTION 515 - METAL PEDESTRIAN/BICYCLE RAILINGS, GUIDERAILS, AND HANDRAILS ............................19 SECTION 520 - CONCRETE GUTTER, CURB ELEMENTS, AND TRAFFIC SEPARATOR ..................................... 19 SECTION 522 - CONCRETE SIDEWALK AND DRIVEWAYS........................................................................... 19 SECTION 527 - DETECTABLE WARNINGS .................................................................................................. 20 SECTION 570 -PERFORMANCE TURF ....................................................................................................... 20 SECTION630 -CONDUIT ......................................................................................................................... 22 SECTION632 - SIGNAL CABLE.................................................................................................................. 22 SECTION 633 - COMMUNICATION CABLE ................................................................................................. 23 SECTION 635 - PULL, SPLICE AND JUNCTION BOXES ................................................................................. 23 SECTION 646 -ALUMINUM POLES, PEDESTALS, AND POSTS..................................................................... 23 SECTION 653 - PEDESTRIAN SIGNAL ASSEMBLIES ..................................................................................... 24 SECTION 665 - PEDESTRIAN DETECTION SYSTEM ..................................................................................... 24 SECTION 676 -TRAFFIC CABINETS...........................................................................................................24 SECTION 700- HIGHWAY SIGNING.......................................................................................................... 25 SECTION 706 - RAISED PAVEMENT MARKERS AND BITUMINOUS ADHESIVE ............................................. 25 SECTION 710 - PAINTED PAVEMENT MARKINGS ...................................................................................... 25 SECTION 711 -THERMOPLASTIC PAVEMENT MARKINGS......................................................................... 26 SECTION 1080 - UTILITY FIXTURES ........................................................................................................... 26 SECTION 999 - RECORDS/AS-BUILTS ........................................................................................................ 27 Division 2 — Technical Provisions - 01025-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 b 21st Street Resurfacing (SC0P)\1-Admin0ids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 SECTION 001- TECHNICAL SPECIFICATIONS STANDARD SPECIFICATIONS A. All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, July 2018, 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 Transportaticn", 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 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Averue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\8ids\Bid DocumentsQV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 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. 01011 — Mobilization — Per Lump Sum SECTION 102 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, except as modified herein. A. GENERAL PROVISIONS -DESCRIPTION: The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the work. It shall include the construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences, businesses, etc., along the project; the furnishing, installing and maintaining of traffic control and safety devices during construction, the control of dust through the use of calcium chloride if necessary, and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans. The term, Maintenance of Traffic, as used herein, shall include all of such facilities, devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section. B. BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall present his Maintenance of Traffic Plan at 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 Division 2 — Technical Provisions - 01025-3 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 -Technical Provisions. IRC -1638 item for Maintenance of Traffic. The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at nighttime, of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design, Construction Maintenance and Utility Operations On The State Highway System Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits. Tie standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers cr other safety devices will be required where unusual, complex or particularly hazardous conditions exist. The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (MUTCD). D. TRAFFICCONTROL 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 genera shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove, turn or cover any devices or barriers which do not apply to existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. E. NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F. Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on 611 Avenue at all times. G. In addition to above, the Contractor shall comply with INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION in Appendix C. Division 2 — Technical Provisions - 01025-4 FAPublic Works\ENGINEERING DIVISION PROJECTS\16386th Avenue US-' to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0102 1— Maintenance of Traffic — Per Lump Sum SECTION 104 - PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION PART 1—GENERAL 1.1 SCOPE A. This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area. Pollution control measures shall prevent polluted or turbid waters from being discharged from the construction site or work area to undeveloped portions of the site or offsite, including but not limited to Multiple Separate Storm Sewer Systems (MS4s) and Waters of the State. B. The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense. The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area. Note that state regulations do not allow mixing stormwater and dewatering groundwater in the same release — separate and independent discharges are required. C. Pollution control measures specified herein represent minimum standards to be adhered to by the CONTRACTOR throughout the Project's construction. The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures, when in the sole opinion of the OWNER, they are warranted. If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution, beyond those specified in the Drawings, the Project's approved Stormwater Pollution Prevention Plan (SWPPP), or herein, implement additional best management practices as necessary, in accordance with Chapter 4, "Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual and other references as may be applicable or required by regulatory permits. D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this Section. Alternatively, the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section. If the OWNER halts the CONTRACTOR's Work as a result of failure to comply with this Section, the Contract time clock will continue to run. E. In addition to these Specifications, comply with Chapter 4 - "Best Management Practices for Erosion and Sedimentation Control" and Chapter 5 — "Best Management Practices for Division 2 — Technical Provisions - 01025-5 F:\PublicWorksNENGINEERING DIVISION PROJECTS\1636 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 Dewatering" of the Florida Erosion and Sediment Control Inspector's Manual. In the event of a conflict between the referenced chapters and these Specifications, the more stringent requirement shall prevail. F. Submit to SJRWMD a "Notice to District of Dewatering Activity" (SJRWMD Form No. 40C- 2.900(12)) prior to commencement of dewatering in accordance with F.A.C. 40C-2.042(9). Provide a copy of the Notice to Indian River County. 1.2 PERMITS A.'. The OWNER has obtained certain permits for this project and they are listed in paragraph 6.08.13 of the EJCDC Standard General Conditions of the Construction Contract (General Conditions). Per paragraph 6.08.0 of the General Conditions, apply for and obtain all other required federal, state, and local permits, licenses, sampling, and tests. B. Provide copies of all approved permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER. If there is a conflict between any permit requirement and these Specifications or requirements between permits, the more stringent specification or requirement shall govern. C. Pay for all required water quality sampling and laboratory tests. 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans, permits, and these Specifications; and the installed system has been examined by the OWNER for compliance. B. From time to time, the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent sampes for analysis by a testing laboratory selected and paid for by the OWNER. If at any time, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of the project down that is not in compliance, and it shall remain shut -down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and treatment system plans, specifications, contract documents, and permits. C. Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. In addition to other temporary erosion control measures that may be implemented, application of polyacrylamide is required on all such disturbed areas within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased, unless final landscaping has been installed. Division 2 — Technical Provisions - 01025-6 F:\PublieWorkskENGINEERING DIVISION PROJECTS\1636 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVIS ONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 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 --ontrol 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 fir 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 Act'9vities" 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\ENG1NEERING DIVISION PROJECTS\1636 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVIS ONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 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 Body An existing water body (including ditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time, the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is at least 29 nephelometric turbidity units (NTUs) higher than the turbidity of the background water upstream of the discharge point(s). [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, SIRWMD, FDEP, Indian River Farms Water Control District (or other F. S. Chapter 298 Drainage District, as appropriate), and other pertinent regulatory or enforcement agencies. Division 2 -Technical Provisions - 01025-8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1633 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 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 eresion and cover it with hay, jute, or mulch. PAM may also be used in water bodies to remove turbidity. In all cases, use the anionic form of polyacrylamide that does not stick to fish gills. For PAM information and its proper application, a contact is Applied Polymer Systems, Inc., (678) 494-5998, www.siltstoli.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 `iltered. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many filter bags as required, at no additional cost to the OWNER. Legally dispose of the bags offsite, at no cost to the OWNER. If the bags are placed on aggregate to Division 2 — Technical Provisions - 01025-9 FAPublic Works\ENGINEERING DIVISION PROJECTS\16386th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\8ids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 20201002.dacx Division 2 - Technical Provisions, IRC -1638 facilitate filtration efficiency, do not use limerock aggregate — use non -calcareous rock. 3. Product: The filter bag shall be supplied with lifting straps. a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental, Inc. (1-800- 448-3636). b. "DANDY DEWATERING BAG" supplied by Dandy Products, Inc. (1-800-591-2284). c. Or equivalent. E. Curb Inlet Protection: 1. Filter stormwater before it enters curb inlets. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. The length of the curb inlet filtration device shall be at least 2 -feet longer than the curb inlet opening. a. "GUTTERBUDDY," supplied by ACF Environmental, Inc. (1-800-448-3636). b. Or equivalent. F. Catch Basin Protection: 1. Filter stormwater before it enters catch basins (drop inlets). The filter "sack" shall be manufactured from woven polypropylene geotextile and sewn by a double -needle machine, using a high strength nylon thread. The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features: two dump straps attached at the bottom to facilitate emptying; lifting loops as an integral part of the system to be used to lift the sack from the basin; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls. The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. a. "SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1-800-448- 3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579-8819). C. Or equivalent. G. Construction Site Egress Driveways: Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels. Construct a crushed rock driving surface at the vehicle exit point(s). Locate the site egress driveways a minimum of 25 feet from all drainage inlets or pipes. Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area. Provide wash - down stations as required to wash vehicle tires and retain all washwater on-site. Do not use limerock. Division 2 — Technical Provisions - 01025-10 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 _o 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 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 #^ non -calcareous aggregate, washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction, Section 901. Hay Bales: Hay bales shall not be used. PART 3 - EXECUTION A. Design, construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities. B. Apply polyacrylamide in strict accordance with the polyacrylamide manufacturer/supplier's recommendations and specifications. C. REPAIR ALL EROSION DAMAGE — At no additional cost to the OWNER and regardless of the state of completion of the Work, immediately clean all dirt and debris from all pipes and drainage structures; and repair all flooding, washouts, and all other erosion damage to the Work. This responsibility shall not end until Final Acceptance of the Work by the OWNER. Included is damage caused by erosion of any kind (e.g. wind, waves, stormwater runoff, hurricanes, etc.) including Acts of God. Restore all erosion damaged areas to design grades and elevations. Also, refer to General Conditions 6.13.B. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0104 1— Erosion Control - Per Lump Sum [The remainder of this page was left blank intentionally] Division 2 — Technical Provisions - 01025-11 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 b 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHN'CAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions. IRC -1638 PERMITTEE'S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to Indian River County for the following project: IRC 1638 - 6th Avenue Milling and Resurfacing, from US Hwy 1 to 211t Street, VERO BEACH, FLORIDA 32960 and 32962 STATE OF COUNTY OF Personally, before me the undersigned authority, appeared stated as follows: 1. This sworn statement is submitted by the PERMITTEE, whose business address is and (if applicable) its Federal Identification No.(FEIN) is 2. My name is entity named above is who upon oath duly administered, and my relationship to the (if signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) 3. PERMITTEE understands and agrees tha: 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 Dr may be potentially harmful or injurious to human health or Division 2 —Technical Provisions - 01025-12 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\t-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law." 5. PERMITTEE understands and agrees that in addition to the definition set forth in Item 4 above, "pollution" is also defined by Florida Administrative Code 62-302.530 and as may be further defined in the Indian River County permit(s). 6. PERMITTEE understands that Indian River County requires the design, installation, and maintenance of proper erosion control measures at all times 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. [The remainder of th�s page was left blank intentionally] Division 2 — Technical Provisions - 01025-13 FAPublic Works\ENGINEERING DIVISION PROJECTSMS8 6th Avenue US -1 b 21st Street Resurfacing (SCOP)\t-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 20201002docx Division 2 - Technical Provisions, IRC -1638 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 Permittee: Authorized Signature: Printed Name: Date: Work Telephone: _ Mobile Telephone: Email Address: STATE OF COUNTY OF (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) ********************************* Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of 20 , by (name of person making statement). (Signature of Notary Public — State of Florida (Print, Type, or Stamp Commissioned Name of Notary Public ❑ who is personally known to me or ❑ who has produced as identification. ++ END OF SECTION ++ Division 2 - Technical Provisions - 01025-14 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 SECTION 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction with the following modifications: A. Prior to any clearing and grubbing, tl-e 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 dispo>ed 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 withir 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\1638 6,h Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 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. 0110 11 — Standard Clearing & Grubbing — Per Acre Bid Item No. 0110 4 10 — Removal of Existing Concrete Pavement/ Removal of Existing Concrete — Per Square Yard SECTION 120 - EXCAVATION AND EMBANKMENT A. Earthwork, including earthwork for drives outside the right-of-way limits, shall be paid for as embankment. Cost shall include all work specified in this section and Section 120 of the FDOT Standard Specifications for Road and Bridge Construction. Such price and payment shall specifically include all cost of any roadway, lateral ditch or canal, and final dressing operations. B. Earthwork quantities shall be considered as in-place material with no shrinkage or expansion factors. C. Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill, isolated swale bottom locations, isa ated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation. Approximately 2.0 ft of subsoil excavation is required in sublateral canals. Cost of replacement embankment shall be included in cost of subsoil excavation. Contractor shall coordinate with county representative prior to any subsoil excavation. D. Embankment - General Requirements for Embankment Materials: The following is added Division 2 — Technical Provisions - 01025-16 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 202010C2.docx Division 2 - Technical Provisions, IRG-1638 after the first paragraph of Subarticle 120-7.2: Roadway Design Standard Index No. 505, Embankment Utilization Details is modified by the addition of the following: Any stratum or stockpile or soil which contains obvious pockets of highly organic material may be designated as muck or unsuitable for construction of subgrade by the Owner. Backfill material containing more than 2.0% by weight of organic material, as determined by FM 1-T 267 and by averaging the test results for three randomly selected samples from each stratum or stockpile of a particular material, shall not be used in construction of the reinforced volume. If an individual test value of the three samples exceeds 3.0%, the stratum or stockpile will not be suitable for construction of the reinforced volume. No A-8 material permitted in embarkment. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0120 1— Regular Excavation - Per Cubic Yard Bid Item No. 0120 6 — Embankment - Per Cubic Yard SECTION 160 - STABILZING The work specified in this item shall conform to Section 160 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Payment for the work specified in this item shall be made under: Bid Item No. 0160 4 — Stabilization Type B — Per Square Yard SECTION 286 - TURNOUT CONSTRUCTION The work specified in this item shall conform, to Section 286 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0286 1- Turnout Construction/ Driveway Base - Optional Materials - Per Square Yard Division 2 —Technical Provisions - 01025-17 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\163E 6th Avenue US -1 bo21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 SECTION 327 - MILLING OF EXISTING ASPHALT PAVEMENT The work specified in this item shall ccnform 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. 0327 70 6 — Milling Existing Asphalt Pavement (1-1/2" 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: Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0337 7 83 —Asphalt Concrete Friction Course (Traffic C) (FC 12.5) (PG 76-22) — Per Ton SECTION 400 - CONCRETE STRUCTURES The work specified in this item shall conform to Section 400 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0400 0 11— Concrete Class NS, Gravity Wall — Per Cubic Yard SECTION 425 - INLETS, MANHOLES, AND JUNCTION BOXES The work specified in this item shall conform to Section 42S of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Division 2 — Technical Provisions - 01025-18 FAPublic Works\ENGINEERING DIVISION PROJECTS\1639 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0425 6 — Valve Boxes, Adjust — Per Each Bid Item No. 0425 15 52 — Inlet Top, Replace, Ditch Bottom Inlet — Per Each SECTION 515 - METAL PEDESTRIAN/BICYCLE RAILINGS, GUIDERAILS, AND HANDRAILS The work specified in this item shall conform to Section 515 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0515 12 — Pipe Handrail — Guiderail, Aluminum — Per Linear Foot SECTION 520 - CONCRETE GUTTER, CURB ELEMENTS AND TRAFFIC SEPARATOR The work specified in this item shall conform to Section 520 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. 0520 110 — Concrete Curb & Gutter, Type F — Per Linear Foot SECTION 522 - CONCRETE SIDEWALK AND DRIVEWAYS The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0522 2 — Concrete Sidewalks and Driveways, 6" Thick, (3,000 PSI Fiber Reinforced) — Per Square Yard Division 2 —Technical Provisions - 01025-19 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6-h Avenue US -1 to 2,st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICA'_ PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 SECTION 527 - DETECTABLE WARNINGS The work specified in this item shall conform to Section 527 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0527 2 — Detectable Warnings — Per Square Foot SECTION 570 - PERFORMANCE TURF The work specified in this item shall conform to Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. A. Description: Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer. -his 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 o- lack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months. All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks. D. Fertilizer: Commercial fertilizers shall comply with the Indian River County Fertilizer Ordinance 2013-012 and Supplement Ordinance 2013-014 (see Appendix B). E. Water for Grassing: Contractor shall provide the water used in the sodding operations as necessary to meet the requirements cf Article 570-3.6. Division 2 — Technical Provisions - 01025-20 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid DOCUments\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 F. Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a range of 6.0-7.0. Contractor shall apply two (2) applications. The initial shall be fertilizer and the second application shall be "weed and feed". The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre, or 10 pounds per 1,000 square feet, by a spreading device capable of uniformly distributing the material at the specified rate. Contractor shall apply applications as per manufacturer's specification. All tickets from bags shall be handed over to the County Inspector. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately 2 inches. H. Placing Sod: The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6 inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 11/2" 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. I. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include Division 2 — Technical Provisions - 01025-21 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowing. Clippings shall be removed from sidewalk. K. Article 570-9. The first two paragraphs under this Article are deleted and the following is added: The contract unit price for performance turf shall include the costs of sod, fertilizer (2 applications), sidewalk sweeping after mowing, mowing, pegging disposal of clippings, water, tools, equipment, labor and all other incidentals necessary. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0570 12 — 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. 0630 2 11 Conduit, Furnish & Install, Open Trench — Per Linear Foot Bid Item No. 0630 2 12 Conduit, Furnish & Install, 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. 0632 7 1— Signal Cable — New or Reconstructed Intersection, Furnish & Install — Per Intersection Division 2 —Technical Provisions - 01025-22 F:\PublicWorkskENGINEERING DIVISION PROJECTS\1636 6th Avenue US -1 b 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 SECTION 633 -COMMUNICATION CABLE The work specified in this item shall conform to Section 633 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Sub article 633 6 — Payment shall be amended as follows: Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0633 1 123 — Fiber Optic Cable, F&I, Underground, 49-96 Fibers — Per Linear Foot SECTION 635 - PULL SPLICE AND JUNCTION BOXES The work specified in this item shall conform to Section 635 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0635 2 11— Pull & Splice Box, F&I, 13"x24" Cover Size — Per Each Bid Item No. 0635 2 12 — Pull & Splice Box, F&I, 24"x36" Cover Size — Per Each Bid Item No. 0635 2 13 — Pull & Splice Box, F&I, 30"x60" Rectangular or 36" Round Cover Size — 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. 0646 1 11— Aluminum Signals Pole, Pedestal — Per Each Bid Item No. 0646 112 — Aluminum Signals Pole, Furnish & Install Pedestrian Detector Post — Per Each Bid Item No. 0646 160 — Aluminum Signals Pole, Remove— Per Each Division 2 —Technical Provisions - 01025-23 F:\PublieWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 10 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHN-CAL PROVISIONS - 202010D2docx Division 2 - Technical Provisions, IRC -1638 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. 0653 1 11— Pedestrian Signal, Furnish & Install LED Countdown, 1 Way — Per Assembly Bid Item No. 0653 112 — Pedestrian Signal, Furnish & Install LED Countdown, 2 Ways — Per Assembly Bid Item No. 0653 160 — Pedestrian Signal, Remove PED Signal — Pole/Pedestal To Remain — Per Assembly SECTION 665 - PEDESTRIAN DETECTION SYSTEM The work specified in this item shall conform to Section 665 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0665 1 11— Pedestrian Detector, Furnish & Install, Standard— Per Each Bid Item No. 0665 140 — Pedestrian Detector, Relocate— Per Each Bid Item No. 0665 150 — Pedestrian Detector, Adjust/Modify on Existing Pole— Per Each Bid Item No. 0665 160 — Pedestrian Detector, Remove — Pole/Pedestal to Remain — Per Each SECTION 676 - TRAFFIC CABINETS The work specified in this item shall conform to Section 676 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Sub article 676 6 — Payment shall be amended as follows: Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0676 1500 —Traffic Signal Controller Cabinet, Adjust/Modify — Per Each Division 2 — Technical Provisions - 01025-24 F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 SECTION 700 - HIGHWAY SIGNING A. Signing for traffic control shall conform to the requirements of the Standard Specifications, Manual on Uniform Traffic Control Devices, Supplemental Specifications, Roadway and Traffic Design Standards, manufacturer's specifications. B. Traffic Signs: All existing signs which are the property of the Owner shall be transported to the Indian River County Road and Bridge Maintenance Yard by the Contractor during construction if they are within the construction limits. Care shall be exercised by the Contractor during removal, storage and relocation so as not to damage the signs. If any damage occurs, as determined by the Owner's Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0700 1 11— Single Post Sign, F&I Ground Mount, Up to 12 SF - Per Assembly Bid Item No. 0700 150 — Single Post Sign, Relocate - Per Assembly SECTION 706 - RAISED PAVEMENT MARKERS AND BITUMINOUS ADHESIVE The work specified in this item shall conform to Section 706 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. A. All reflective pavement markers shall be 4" x 4". Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0706 11 — Raised Pavement Marker, Type B without Final Surface Markings - Per Each SECTION 710 - PAINTED PAVEMENT MARKINGS The work specified in this item shall corform to Section 710 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. 0710 90 — Painted Pavement Markings, Final Surface — Per Lump Sum Division 2 —Technical Provisions - 01025-25 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provis,ons, IRC -1638 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. 0711 11123 — Thermoplastic, Standard, White, Solid, 12" For Crosswalk and Roundabout — Per Linear Foot Bid Item No. 0711 11125 —Thermoplastic, Standard, White, Solid, 24" For Stop Lines and Crosswalk — Per Linear Foot Bid Item No. 0711 11160 —Thermoplastic, Standard, White, Messages or Symbol — Per Each Bid Item No. 0711 11170 — Thermoplastic, Standard, White, Arrows — Per Each Bid Item No. 071111224 —Thermoplastic, Standard, Yellow, Solid, 18" For Diagonals and Chevrons — Per Linear Foot Bid Item No. 071116101 —Thermoplastic, Standard -Other Surfaces, White, Solid, 6" — Per Gross Mile Bid Item No. 071116131 — Thermoplastic, Other Surfaces, White, Skip, 6", 10-30 Skip or 3-9 Lane Drcp— Per Gross Mile Bid Item No. 071116201 —Thermoplastic, Standard -Other Surfaces, Yellow, Solid 6" — Per Gross Mile Bid Item No. 071116231 — Thermoplastic, Standard -Other Surfaces, Yellow, Skip, 6" — Per Gross Mile SECTION 1080 - UTILITY FIXTURES The work specified in this item shall conform to the Indian River County Department of Utility Services Water & Wastewater Utility Standards. https://www.ircutilities.com/UStandards/Utility Construction Standards pdf under Section 1080 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 1080 21108 — Utility Fixture, Valve Box, Furnish & Install, 8" — Per Each Division 2 — Technical Provisions - 01025-26 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\16386th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\8id Documents\DIV 2_TECHNICAL PROVISIONS - 202010D2.docx Division 2 - Technical Provisions, IRC -1638 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 forany other purpose and do not remove them from the field office. 5. Label each document "RECORD DRAWING" in 2 -inch high printed letters. 6. Keep record documents current at all times. 7. No work shall be permanently concealed until the required record data has been obtained. RECORD / AS -BUILT DRAWINGS A. During the construction operation, the CONTRACTOR shall maintain records of all deviations from the approved Project Plans and Specifications and shall prepare therefrom "RECORD" drawings showing correctly and accurately all changes and deviations from the work made during construction to reflect the work as it was actually constructed. B. The Record/As-Built survey shall be performed and subsequent plans prepared by a Professional Surveyor and Mapper, registered in the state of Florida and certified to the standards set forth in Chapter 472, Florida Statutes and Chapter 5J-17.050 Florida Administrative Code (Florida Minimum Technical Standards). C. Field measurements of vertical or hori.-ontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. Clearly shown by symbols, notations, or delineations, those constructed improvements located by the survey. D. All vertical information (elevations) provided on the Record Drawings shall be referenced to the North American Vertical Datum of 1988 (NAVD 88) unless otherwise specified by the Project Engineer. Division 2 — Technical Provisions - 01025-27 `APublic Works\ENGINEERING DIVISION PROJECTS\16386th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 E. The horizontal information provided on the Record Drawings shall be referenced to the State of Florida, State Plane Coordinate System, Florida East Zone as established by Global Positioning System (GPS) which meets or exceeds Third Order Class I Accuracy Standards according to current publication of the Federal Geodetic Control Committee (FGCC) procedures. F. All Record/As-Built drawings shall be prepared in digital format (ACAD Civil 3D 2013) and shall utilize the digital design drawings as prepared by the Project Engineer as a base for the Record/As-Built drawings. It is the responsibility of the Surveyor to request these files from the Contractor or Project Owner in order to produce the Record/As-Built drawing set. G. ALL improvements proposed to be constructed as shown on the approved construction plans shall be field measured upon completion and shown on the Record/As-Built survey. Any improvements that appear in both plan and profile views shall show the Record/As-Built information in both views. H. The following items are required to be shown on all Indian River County project Record/As- Built drawings submitted to the County: DRAINAGE: 1. Right-of-way Swale/Drainage — All culvert inverts, elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of Swale. 2. Pipe Culvert/PVC Sleeves —All inverts, pipe size, stations and offsets. 3. Outfalls — All pipe inverts, pipe size, elevations and station offsets, weir box elevations, weir elevation, bleeder elevation and sizes. 4. Roadway/Off Site Drainage — All inverts, elevations and station offsets; manhole top elevation; grate top elevations. 5. Retention Ponds — Provide perimeter elevations, grade breaks, depths and calculated pond areas at control elevation and grade breaks above and below water surface. Show as -built of typical cross section as shown on design plan. ROADWAY: 1. Stations and offsets related to controlling baseline and elevations of all structures, side street and major driveway radius returns (edge of pavement), bends and/or change in direction of roadway alignment, minimum of 1000' intervals along roadway alignment. 2. Elevations along Profile Grade Line (PGL), of all edge of pavements on each side of Profile Grade Line (PGL), at medians at the high/low and PVI points along Profile Grade Line (PGL). 3. All final Elevations to be plotted on PGL AND Plan & Profile sheets as applicable. 4. Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets. Division 2 — Technical Provisions - 01025-28 F:\PublicWorkskENGINEERING DIVISION PROJECTS\1638 6th Avenue US-' 1021st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 WATER, FORCE, AND RECLAIMED WATER MAINS: 1. Show size and type of material used to construct mains. 2. Show horizontal location and elevation of all tees, crosses, bends, terminal ends, valves, fire hydrants, air release valves, and sampling points, etc., by distances from known reference points. 3. Show location, size and type of material of all sleeves and casing pipes. 4. Elevation and horizontal location of all storm sewers, gravity sewers including laterals, force mains, water mains, etc. which are crossed; including clearance dimension at all conflicts or crossings. 5. Top of pipe elevation and horizontal location of all water and force main stub -outs. 6. Horizontal location of all services at the property lines. 7. Horizontal and vertical location of pipe including size of all mains and ground elevation shall be obtained at one -hundred (100) foot intervals. Contractor shall place temporary PVC stand pipes (tell -tales) at each of the one -hundred (100) foot intervals and at all fittings and conflicts/crossings to facilitate the record drawing survey. The tell-tale pipes shall be constructed of 2 -inch PVC pipe, shall be placed on the top of the pipes to be surveyed, and shall be removed by the Contractor after completion of the field survey by the "As -Built" Professional Surveyor. 8. Location of fire lines. 9. Dedicated easement locations, identified by O.R. Book and Page Number. GRAVITY SEWER: 1. Manholes: Elevation of top rim, bottom elevation and invert of each influent and effluent line. 2. Show distance between manholes center -to -center and horizontal location by baseline station and offset. 3. Show material size and type used to construct sewer mains. 4. Show length (center of manhole to end of stub) distances from known reference points or baseline offsets, and elevation of stub -outs. 5. Show which services have twenty (20) foot length of DIP at water main crossings. 6. Show station and offset location of sanitary services' at property line. Particular care in dimensioning needed in special situations, i.e., cul-de-sacs and locations where services are not perpendicular to wye. 7. Show invert elevation of sanitary service at property line. 8. Any and all necessary dedicated easement locations, identified by O.R. Book and Page Number. PUMP / LIFT STATION: Record Drawings shall show elevations for the top and bottom and diameter of wet well along with invert of effluent line. Record Drawings should also indicate the make, model number, horsepower, impeller and condition point of pumps selected and installed, shape of wet well, location of control panel, location of pump out connection, float level settings, any deviation from the plans, and serial number(s) of the pump(s). Division 2 —Technical Provisions - 01025-29 F:\PublieWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\t-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 SURVEY CONTROL 1. Install/re-establish: It shall be the contractor's responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472, Florida Statutes, to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction. 2. New roadway alignment control points (survey baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State plane coordinates and elevations for all control points. 3. If shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s), vertical control (bench marks), property corners destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s) shall be notified in writing of disturbance and re -establishments. RECORD/AS-BUILTS DRAWINGS FORMAT - SUBMITTAL A. ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As -Built (record) information. B. CONTRACTOR shall deliver seven (7) certified sets of Record/As-Builts with Electronic Drawing files prepared in AutoCAD Civil 3D 2013 AND PDF format or in current version as agreed by the ENGINEER. C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record drawing(s). Said drawing(s) shall clearly state type of survey, positional tolerances, adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida, any standards set forth by Florida Statutes, Administrative code and Minimum Technical Standards for As-Built/Record surveys. D. All Record/As-Built drawings are subject to review and approval by County Surveyor. ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. Division 2 —Technical Provisions - 01025-30 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenie US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 COMPLETION OF WORK Upon Substantial Completion of the Work, deliver Record Drawings/As-Built Drawings to ENGINEER. Final payment will not be made until satisfactory record documents are received and approved by ENGINEER. AERIAL PHOTOGRAPH The CONTRACTOR shall provide aerial photographs of the project every 30 days during construction. The photographs shall be done in a manner to show the construction progress for the entire length of the project. The photographs can be angled and not prepared to a particular scale, however, must be detailed enough to identify the work in detail. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0999 1— As -Built Drawing (By Registered Surveyor) — Per Lump Sum [The remainder of this page was left blank intentionally] Division 2 — Technical Provis ons - 01025-31 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 t:) 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 Board of Professional Surveyors and Mappers Record As -Built Survey Checklist Lic. Name : Date: Project Name: IRC 1638 — 6TH AVENUE MILLING AND RESURFACING, FROM US HWY 1 TO 21ST STREET, VERO BEACH, FLORIDA 32960 and 32962 Project No.: IRC -1638 Chapter 61G17-6 Minimum Technical Standards --.A.C. 61G17-6.003 General Survey, Map, and Report Content Requirements (1) REGULATORY OBJECTIVE: The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective, surveyors and mappers must achieve the following minimum standards of accuracy, completeness, and quality: (a) Accuracy of survey measurements based on the type of survey and expected use. -I (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 accu-acy, completeness, and quality: Division 2 —Technical Provisions - 01025-32 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 2`st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2—TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 (c) Type survey stated on map and report: As -Built Survey Construction Layout Survey Boundary Survey Control Survey Condominium Survey Hydrographic Survey Mean High Water Line Survey Specific or Special Purpose Survey Quantity Survey Topographic Survey Record 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. 0 (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. 0 (n) Bearing reference (well established and monumented line) ❑ (o) A designated "north arrow" 0 (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. P. (s) Responsibility for all mapped features stated on the map or report (t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others. Division 2 — Technical Provisions - 01025-33 FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th A✓enue US -1 o 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2 TECHNICAL PROVISIONS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 (u) Map Accuracy. (1) Vertical Feature Accuracy: 11 (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 (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; C (d) When statistical procedures are used to calculate survey accuracies, the maximum acceptable positional tolerance, based on the 95% confidence level, should meet the same equivalent relative distance standards as set forth in 61G17- 6.003(3)(p)(2.)(c) F.A.C. (e) Intended Display Scale: All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: "This map is intended to be displayed at a scale of 1/_ or smaller". 61G17-6.004 Specific Survey, Map, and Report Requirements (1) As-Built/Record Survey: (a) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. (b) Clearly shows by symbols, notations, or delineations, those constructed improvements located by the survey. Division 2 — Technical Provisions - 0102E-34 PAPublic Works\ENGINEE RING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISICNS - 20201002.docx Division 2 - Technical Provisions, IRC -1638 ❑ (c) All maps prepared shall meet applicable minimum technical standards. ❑ (d) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations. (END OF SECTION) Division 2 — Technical Provisions - 01025-35 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\DIV 2_TECHNICAL PROVISIONS - 20201002.docx APPENDIX A PERMITS Indian River Farms Water Control District (No permit required) St. Johns River Water Management District (No permit required) City or Vero Beach (No permit required) Appendix A -Permits F:\Public Works\ENGINEERING DIVISION PROJECTS\1538 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\I- Admin\Bids\Bid Documents\Master Contract Documents\A'PENDIX A - Permits.doc APPENDIX B Indian River County Fertilizer Ordinances Appendix B -IRC Fertilizer Ordinances F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1- Admin\Bids\Bid Documents\Master Contract Documents\APPENDIX B - FERTILIZER ORDINANCES (title sheet).doc ORDINANCE NO. 2013 - n1, AN ORDINANCE OF THE BOARD OF COUNTY COMMSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIANT RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGE M MENT;" 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 NVEBSITE, AND AN EFFECTIVE DATE. WHEREAS, as a result of impairment to Indian River County's surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or canals within the boundaries of Indian River County, the Board of County Commissioners has determined that the use of fertilizers on lands within Indian River County creates a risk of contributing to adverse effects on surface and/or ground water; and WHEREAS, in order to address this risk, the Board of County Commissioners has determined that it is not only critical to adopt the Florida Department of Environmental Protection's Model Ordinance for Florida -Friendly Use of Fertilizer on Urban Landscapes, but that as part of Indian River County's science -based, and economically and technically feasible, comprehensive program to address nonpoint sources of nutrient pollution, additional and more stringent standards are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to the surface and/or ground water of Indian River County; and WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; and specifies allowable fertilizer application rates and methods, fertilizer4ee 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:F4r.ernryLLloeeoiCiENERAtJ vzvimioa&--W$(F'reall(Auguq l0}Gxs Page I 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 Authority. Article VIZI, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home dile powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findines. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Adoption of Chapter 316 of the Code of Indian River County (the "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 Coj= Fertilizer and Landsca e Management Ordinance." Section 316.2. Definitions. For the purposes of this chapter the following terms shall have the following meanings: "Administrator" shall mean the County Administrator,_ or an administrative official of the County designated by the County Administrator to administer and enforce the provisions of this chapter. "Application" or'!@,p2ly" shall mean the actual physical deposit of -fertilizer to turf or landscape lants. "Applicator" sha11 mean any Person who au 1p ies fertilizer on turf and/or landscape plants in. Indian River County. "Board" shall mean the Indian River County Board of County Commissioners "Best Management Practices" shall mean turf and landscape practices or combination of practices based on research field-testing and expert review, determined to be the most effective FrLltrorxylTlndolGA.'FJtfLVtradve:o�uAOrdlym�eslOrdLra J4FMIIhoVdudd FertJr2[�Oldlrnxe-XN3 rFlnrtlj(R+gLrr iy.dms Page 2 of 9 ORDINANCE NO. 2013 - and practicable on -location means, including economic and technological considerations for improvin water quality, conserving water supplies and protecting natural resources "Chanter 85-427" shall mean The Indian River County Environmental Control Act Chapter 85- 427, Special Acts, Laws of Florida. "Code Enforcement Officer shall mean any designated employee or agent of Indian River County whose dutx it is to enforce codes and ordinances enacted by Indian River County. "Commercial Fertilizer Applicator," except as provided in X482.1562(2), Florida Statutes shall mean any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator "Code" shall meanThe Code of Indian River County. "Environmental Control Officer'*' shall meas the Indian River County Environmental Control Officer appointed by the Board pursuant to Chapter 85-427 and Chapter 303 (Part I) of this Code, and his or her designees. "Fertilize," " ertiliziW," or "fertilization" shall mean the act of applying fertilizer to tuzf, specialized turf, or landscape plants. "Fertilizer" shall mean any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, orprovides other corrective measures to the soil. "Heavy rain" shall mean rainfall greater than two inches in a 24 hour period. "Institutional Fertilizer Applicator" shall mean any erson other than a private non-commercial applicator or a Commercial Fertilizer Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Fertilizer Applicators shall include, but shall not be limited to owners mana eg_rs or employees of public lands, schools, parks, religious institutions utilities industrial or business sites and any residential properties maintained in condominium and/or common ownership. "Landscape plant" shall mean anv native or exotic tree, shrub, or groundcover (excluding tum. "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 liabilfty company, partnership limited partnership association club organization, and/or any group of people acting as an organized entitv. F; fAiroyUeiaoY�dFA.et�Re,ef n.,., a o.�mna.�csrfO,�naxusiYnU/re,Vtd�lP rMna,tA��,eum -013 (Flmp(R Y.n 10),da Page 3 of 9 ORDINANCE NO. 2013 - 012 "Restricted Season" shall mean June l through. September 30. "Saturated soil" shall mean a soil in wlkh the voids are fiHed 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 availabilijy for plant uptake and use after application, or which extends its availability to the plant longer. than a reference rapid or quick release product. ".Turf,""sod," or "lawn" shall mean a piece of grass -covered soil held together by the roots of the grass. "Urban landscape" shall mean pervious areas on residential commercial industrial institutional highway rights -of way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in §570.02 Florida Statutes. Section 315.3. Timing of fertilizer application. No applicator shall apply fertilizers cortaining nitrogen and/or phosphorus to turf and/or landscape plants during the Restricted Season, to saturated soils, or during a period in which a Flood Watch_ or Warning, or a Tropical Storm Watch or Warning or a Hurricane Watch or Warning is in effect for anv portion of Indian River County, issued by the National Weather Service, or if heavy rain is likely. Section 316.4. Ferfilizer-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 Enviroiunental Protection (Chapter 621340, Florida Administrative Code) or from the top of a seawall. If more stringent Indian River County Code regulatioom aD I . this provision does not relieve the requirement to adhere to the more stringent regulations. ations. Newly planted turf and/or landscape plants may be fertilized in this zone only for a 60 -day period beginning- thirty days after1p anting 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:aryuh d.tccsvmRcwaot� o� �o.�io� ..»urs Ivo ztr.�u�o r e - iots r�.rrlaw2ole,= Page 4 of 9 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 tp Rrevent 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 landseape 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 deficiencv 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 corn -post, manure or top soil shall warrant more recent testing to verify current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per uaranteed analysis label f e) Fertilizers applied to an urban lawn or turf within Indian River County_ shall be applied in accordance with requirements and directions set_.forth on the label or tag for_packaged fertilizer products, or in the printed information aceainpanying the delivery of bulk fertilizer products as provided by Rule 5E-1.003(2), Florida Administrative Code LabelingRequirements For Urban Tur Fertilizers. All packaged and bulk fe-tilize products sold in Indian River County shall be sold in packages with labels or tags or if sold in bulk be accompanied by printed information which complies with the requirements of Rule 5E -1.003(Q, Florida Administrative Code (d) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding -or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro - seeding for temporary or permanent erosion control in an emergency situation (wildfire etc). or in accordance with the Stormwater Pollution Prevention Plan for that site. Section 316.7. Application practices. Ca) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones and water bodies including wetlands fb) Fertilizer shall not be applied spilled or otherwise deposited on anyiDRervious surfaces (c) Any fertilizer applied, sp Ued,__or dgposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely remaved to the greatest extent practicable_ F-}AIIwflry11:1�1GEJdFA.tL�ReJoler!!mu&jhdbwnckrlQ+dlwMa�FeMi&sery�JudcJ F}rliRm OndJraee- 20J3 P,A.V(Avww2QkAe Page 5 of 9 ORDINANCE NO. 2013 - 012 (d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal sit~, or returned to the original or other appropriate container. (e) In no case shall fertilizer be washed, swept or blo Am off impervious surfaces into stormwater drains, ditches, convevances, or water bodies. Section 316.8. Management of grass clippings and vegetative materials In no case shall grass clippings vegetative material and/or vegetative debris be washed swept or blown off into stormwater drains, ditches conveyances water bodies wetlands or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. Section 316.9. Exemptions. The provisions set forth above in this chapter shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farre Act, § 823 14 Florida Statutes: (1?1 other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) anv 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 pezfonncd within the provisions of the Florida Department of Environmental Protection doctunent, "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 publicparks and school facilities that applythe concepts and principles embodied in the Florida Green BMPs, wh%e maintaining the health and function of their specialized turf areas; (f) vegetable gardens owned by individual property owners or a community, and trees grown for their edible fruit. Section 316.10. Training. (a) Within the time period set forth in section 316,12 of this Chapter, all Commercial Fertilizer Applicators and Institutional Fertilizer Applicators within Indian River County shall abide by and successfully complete the six -hour training program in the "Florida ieodly Best o e, ,�,.,� �,�„�F Rwo.�.�.-:nPage 6 of 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 appiyingfertilizers. Section 316.11. General education program. The Public Works Department shall have an employee who shall address issues pertaining to this Chapter. This employee shall implement a program. to inform the general public of the 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 community associations civic organizations, etc The program shall also include, to the extent practicable use of anXmaterials from the Be Floridian prograin and coordination and collaboration with University of Florida Institute of Food and Agdeulture Sciences educational activities. AU claimed or alleged defzciency ui the County's general education program shall not constitute a defense to any action brought to enforce the provisions of this chapter. Section 316.12. Licensing of commercial fertilizer applicators. (a) No later than December 31, 2013, all Commercial Fertilizer Applicators within Indian River County, shall abide by and successfiffly complete training and continuing education requirements in the "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries " offered by the Florida Department of Environmental Protection throe h the University of Florida Institute of Food and Agriculture Sciences "Florida -friendly Landscapes" program, or an approved equivalent program, prior to obtaining an Indian River Counjy Local Business Tax Certificate for anter category of occupation which mU apply aMfertilizer to turf and/or landscape plants. Commercial Fertilize: Applicators shall provide proof of completion of the program to the Indian River County Tax Collector's Office within 180 days of the effective date of this ordinance. (b) After December 31, 2013 all Commercial Fertilizer Applicators within Indian River County shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.1.17(18) Florida Administrative Code (c) All businesses applying fertilizer to turf and/or landscape plants (includingbut not limited to residential lawns golf courses commercial properties and multi -family and condominium properties) must ensure that at least one employee has a "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate Owners for any Cate ory of F.A4V. J..WYr£NEML9.,I,*ao &Ordirtcwasl0 nnncrrlFrnlfmriddoddlKrtfR:nOrRnancr-1071 fjjAraur:?O�doer nage 7 of() ORDINANCE NO. 2013 - 012 occupation -which may ap,,,plyaany fertilizer to turf and/or landscape plants shall provide proof of completion of the program to the Indian River County Tax Collector's Office. Section 316.13. Enforcement. This chapter my be enforced by the Code Enforcement Officer in the Public Works Department who is devoted to issues pertaining to this Chapter, pursuant to Chapter 162 Florida Statutes and §103.07 of this Code. In addition this chapter may enforced by the Environmental Control Officer pursuant to Chapter 85-427Special Acts, Laws of Florida, and §303.14 of this Code. Penalties and remedies for violations shall be as set forth in 000.05 of this Code, and, to the ,extent applicable, Chapter 85-427, Special Acts Laws of Florida. Funds generated by penalties imposed under this section shall be used by Indian River County for the administration and enforcement of §403.9337, Florida Statutes, and the corresponding sections of this chapter, and to further water conservation and non -point pollution prevention activities Section 316.14. References to state law. Any references in this chapter to Florida Statutes, rules or regulations shall refer to such statutes, rules or regulations, as amended from time to time. Section 316.15. Applicability. This chanter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of Indian River County, unless such applicator is ecifically exempted; provided, however, that this chapter shall not apply within the limits of any municipality which has adopted an ordinance regulating the same subject matter. This chapter shall be prospective only, and shall not impair an, existing xisting contracts. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. RLttionoryVL7MvIG2NIItRLU2awtrlrarahOnlmmrzr:VO�ema�lF'rrtlhxrodtlFcWU�nOrdlnonre•1013(Ftmllyub r7o}daa Page 8 of 9 ORDINANCE NO. 2013 - 012 Section 6. Directing County Attorney's Office to Post Summary on County Website. The County Attorney's Office is directed to post a summary of this ordinance on the County's website within 15 days of the filing of this ordinance with the Florida Department of State. Section 7. Effective Date. This ordinance shall become effective 45 days after the filing of the ordinance with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 8th day of July, 2013, for a public bearing 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 AYE Commissioner Tim Zorc AYE The Chairman thereupon declared the ordinance duly passed and adopted this 20`j' day of August, 2013. BOARD OF COUNTY COIVIMISSIONirmS 'w INDIAN RIVER COUNTY, FLORIDA seph . Flescher, Chairman ATTEST: Jeffrey ,R. Smith, Cl6W." Approved as to form and legal sufficiency: d ptroller By- Depu Clerk Dyl��ingold, County Attorney EFFECTIVE DATE: This ordinance was fil.-d with the Florida Department of State on the day of - , 2013. FWD-Yw.a.*EMVL4AR..1 j,aartx �.:wr«.,�..ntu.,woddru ux.o,m�o.�.-zar3jR..QrAWa-oj.d Page 9 of ORDINANCE NO. 2013,014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONCERNING THE FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE, AMENDING SECTION 316.6 (FERTILIZER CONTENT AND APPLICATION RATES) AND SECTION 316.15 (APPLICABILITY) OF CHAPTER 316 (INDIAN RIVER COUNTY FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY TO - ALLOW FOR THE -GRADUAL AMORTIZATION OF THE SUPPLY OF CERTAIN NITROGEN CONTAINING FERTILIZER AND APPLYING CHAPTER 316 TO UNINCORPORATED INDIAN RIVER COUNTY, AND MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted an ordinance regulating the proper use 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, 201 3; and WHEREAS, in order to provide adequate time for the supply of fertilizer containing nitrogen that does not comply with these regulations to be eliminated, it is necessary to provide additional time for retailers to eliminate those supplies that meet at least a minimum threshold of slow release nitrogen, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authoritv. Article VI11, 51 of (lie Florida Constitution and Chapter 125, Florida Statutes vest broad hone; rule powers in counties to enact ordinances, nc't 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. r•:lu.n,/,'a.I,.�,=.rKNNJL{L7iG.AWwru6•Unl%HALT'{i.l•IYnNX4/YtttL:r-S;iNkNll:Ml.y/1'NIIAYt(H.G.bakPlMa Page 1 of ORDINANCE NO. 2013 - 014 Section 3. Amendment of Section 316.6 (Fertilizer content and application rates) of Chapter 3.16 (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 3I6 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: ' _Section 316.6. Fertilizer content and application rates (b) As of the effective date of this chapter, the The nitrogen content of fertilizer applied to turf or landscape plants within Indian. River County shall contain at least 2548% slow release nitrogen per guaranteed analysis label. As of .lune I. 2014, the nitrogen content of fertilizer applied to turf or Jandscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label Section 4. Amendment of Seetion 31615 (Applicability) of Chapter 316 (Indian River Countv Fertilizer and Landscape Manaaement Ordinance) of the Code of Indian River Countv (the "Code"). Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated area of Indian River County, unless such applicator is specifically exempted; ne! apply within the lifflits of any . . . ne sul3jet tier=. 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 ful I force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this orclinance 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. txacarrs...,r,.,XCmP .,,< ;ro�:...t:•,air,+:a„,rm:,,,, r. rr:..c a o :r.:r.a= 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 Septerd:)er , 2013, for a public hearing to be held on the 18t day of October 2013, at which time it was moved for adoption by Commissioner Solari , seconded -by Commissioner p' Bryan and adopted by the following vote: Chairman Joseph E. Flescher Aye Vice Chairman Wesley S. Davis Aye Commissioner Peter D. O'Bryan Ave Commissioner Bob Solari Aye Commissioner Tim. Zore Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of October. 2013. ,aanagrapp `��✓. BOARD OF COUNTY COMMISSIONERS mak: *,;;INDIAN RIVER COUNTY, FLORIDA r gy. eph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk ofC.66rt • Approved as to form and legal sufficiency: and Comptroller By. Dep Cleric orylan Reingold, County Attorney EFFECTIVE DATE: This ordinance was tiled with the Florida Department of State on the day of '2013. /::i((�.np'faAnni;It'F7t I!-V:elu{urieq.c& age 3 of 3 f3 APPENDIX C INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION F:\Public Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\APPENDIX C - IRC Traffic Engineering Special Conditions.doc SPECIAL CONDITIONS: INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION 1. All work performed under this permit shall be in accordance with the Florida Department of Transportation Design Standards (https://www.fdot.gov/design/standardplans/current/default.shtm), Indices 102-600 and the Manual on Uniform Traffic Control Devices. 2. All special conditions listed are in addition to the attached Indian River County Traffic Engineering Regulations for Maintenance of Traffic. 3. It shall be the contractor's responsibility to contact Sunshine State One Call System (1-800432-4770) 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 mark. -d with Type II barricades with flashing yellow lights. 12. All projects and work within Indian River County right-of-way shall have an approved Traffic Control Plan (TCP). All work shall be executed under the established TCP and Indian River County approved procedures. The TCP shall provide the proposed detour route, traffic control devices, and other pertinent information for the proposed project and shall be submitted for review and approval by the Public Works Department. The TCP shall be prepared by personnel with a mininum 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. Dane 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 satisf ed, the contractor working in or near signalized intersections or around traffic signal poles, signal cabinets, or flashing beacons shall be advised of the following regulations: 1. No excavation shall be performed within a 15 -foot radius of any traffic signal pole. If excavation is necessary within a 15 -foot radius, it will be the contractors responsibility to provide the following: a. In a manner approved by the County Public Works Director or his designee, the contractor shall provide constant support of the traffic signal pole to prevent movement during excavation and backfill operations. b. Compaction around the excavation site to a 98% density, bringing the backfill up in 1 foot lifts. C. Density reports from a licensed testing company provided to the County Public Works Director. d. Restore the traffic signal and all support equipment to original condition or better. 2. There shall be no pavement cuts made within 500 feet of a signal or flashing beacon without contacting Indian River County Traffic Engineering Division at (772-226-1547), 72 hours prior to construction. 3. Any traffic signal, loop sensors, conduit, interconnect cable, or any support equipment damaged by a contractor shall be repaired/replaced at the contractor's expense. 4. Any contractor that works at or in the vicinity of a signalized intersection shall have full responsibility for any liability incurred by causing damage to signal equipment that results in the failure of the traffic signal functions. If such a failure occurs, the contractor shall notify the police and the Traffic Engineering Division immediately at (772-226-1547). Rev. 5/23/2019